I 
112TH CONGRESS 
2D SESSION 
H. R. 4072 
To amend title 38, United States Code, to improve employment services 
for veterans by consolidating various programs in the Department of 
Veterans Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2012 
Mr. MILLER of Florida (for himself and Mr. STUTZMAN) introduced the fol-
lowing bill; which was referred to the Committee on Veterans’ Affairs, 
and in addition to the Committee on the Budget, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 38, United States Code, to improve employ-
ment services for veterans by consolidating various pro-
grams in the Department of Veterans Affairs, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consolidating Veteran 
Employment Services for Improved Performance Act of 
2012’’. 
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SEC. 2. TRANSFER OF DEPARTMENT OF LABOR VETERANS 
PROGRAMS TO DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) TRANSFER OF FUNCTIONS.—Effective October 1, 
2013, there shall be transferred to the Secretary of Vet-
erans Affairs all functions performed under the following 
programs of the Department of Labor, and all personnel, 
assets, and liabilities pertaining to such programs, imme-
diately before such transfer occurs: 
(1) Job counseling, training, and placement 
services for veterans under chapter 41 of title 38, 
United States Code. 
(2) Employment and training of veterans under 
chapter 42 of such title. 
(3) Administration of employment and employ-
ment rights of members of the uniformed services 
under chapter 43 of such title. 
(4) Homeless veterans reintegration programs 
under chapter 20 of such title. 
(b) BUDGET REQUEST.—Under section 1105 of title 
31, United States Code, the President shall include in the 
President’s budget request for the Department of Vet-
erans Affairs for fiscal year 2014, and for each subsequent 
fiscal year, funding requested for the functions referred 
to in subsection (a). 
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(c) REFERENCES.—Any reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation 
of authority, or any document of or pertaining to a depart-
ment or office from which a function is transferred by this 
Act— 
(1) to the head of such department or office is 
deemed to refer to the head of the department or of-
fice 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 func-
tion is transferred. 
(d) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, a Federal official to whom a function 
is transferred by this Act may, for purposes of performing 
the function, exercise all authorities under any other provi-
sion of law that were available with respect to the perform-
ance of that function to the official responsible for the per-
formance of the function immediately before the effective 
date of the transfer of the function under this Act. 
(e) SAVINGS PROVISIONS.— 
(1) LEGAL
DOCUMENTS.—All orders, deter-
minations, rules, regulations, permits, grants, loans, 
contracts, agreements, certificates, licenses, and 
privileges— 
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(A) that have been issued, made, granted, 
or allowed to become effective by the President, 
the Secretary of Labor, the Secretary of Vet-
erans Affairs, any officer or employee of any of-
fice transferred by this Act, or any other Gov-
ernment official, or by a court of competent ju-
risdiction, in the performance of any function 
that is transferred by this Act, and 
(B) that are in effect on the effective date 
of such transfer (or become effective after such 
date pursuant to their terms as in effect on 
such effective date), 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, any 
other authorized official, a court of competent juris-
diction, or operation of law. 
(2) PROCEEDINGS.—This Act shall not affect 
any proceedings or any application for any benefits, 
service, license, permit, certificate, or financial as-
sistance pending on the date of the enactment of 
this Act before an office transferred by this Act, but 
such proceedings and applications shall be contin-
ued. Orders shall be issued in such proceedings, ap-
peals shall be taken therefrom, and payments shall 
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be made pursuant to such orders, as if this Act had 
not been enacted, and orders issued in any such pro-
ceeding shall continue in effect until modified, termi-
nated, 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 modi-
fication of any such proceeding under the same 
terms and conditions and to the same extent that 
such proceeding could have been discontinued or 
modified if this Act had not been enacted. 
(3) SUITS.—This Act shall not affect suits com-
menced before the date of the enactment of this Act, 
and in all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same 
manner and with the same effect as if this Act had 
not been enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, 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 capac-
ity of such individual as an officer or employee of an 
office transferred by this Act, shall abate by reason 
of the enactment of this Act. 
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(5) CONTINUANCE OF SUITS.—If any Govern-
ment officer in the official capacity of such officer 
is party to a suit with respect to a function of the 
officer, and under this Act such function is trans-
ferred 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
JUDI-
CIAL REVIEW.—Except as otherwise provided by this 
Act, any statutory requirements relating to notice, 
hearings, action upon the record, or administrative 
or judicial review that apply to any function trans-
ferred by this Act shall apply to the exercise of such 
function by the head of the Federal agency, and 
other officers of the agency, to which such function 
is transferred by this Act. 
(f) TRANSFER OF ASSETS.—Except as otherwise pro-
vided in this Act, so much of the personnel, property, 
records, and unexpended balances of appropriations, allo-
cations, and other funds employed, used, held, available, 
or to be made available in connection with a function 
transferred to an official or agency by this Act shall be 
available to the official or the head of that agency, respec-
tively, at such time or times as the Director of the Office 
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of Management and Budget directs for use in connection 
with the functions transferred. 
(g) DELEGATION AND ASSIGNMENT.—Except as oth-
erwise expressly prohibited by law or otherwise provided 
in this Act, an official to whom functions are transferred 
under this Act (including the head of any office to which 
functions are transferred under this Act) may delegate 
any of the functions so transferred to such officers and 
employees of the office of the official as the official may 
designate, and may authorize successive redelegations of 
such functions as may be necessary or appropriate. No 
delegation of functions under this section or under any 
other provision of this Act shall relieve the official to whom 
a function is transferred under this Act of responsibility 
for the administration of the function. 
(h) AUTHORITY OF DIRECTOR OF THE OFFICE OF 
MANAGEMENT AND BUDGET WITH RESPECT TO FUNC-
TIONS TRANSFERRED.— 
(1) DETERMINATIONS.—If necessary, the Di-
rector of Management and Budget shall make any 
determination of the functions that are transferred 
under this Act. 
(2) INCIDENTAL TRANSFERS.—The Director, at 
such time or times as the Director shall provide, 
may make such determinations as may be necessary 
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with regard to the functions transferred by this Act, 
and to make such additional incidental dispositions 
of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other 
funds held, used, arising from, available to, or to be 
made available in connection with such functions, as 
may be necessary to carry out the provisions of this 
Act. The Director shall provide for the termination 
of the affairs of all entities terminated by this Act 
and for such further measures and dispositions as 
may be necessary to effectuate the purposes of this 
Act. 
(i) CERTAIN VESTING OF FUNCTIONS CONSIDERED 
TRANSFERS.—For purposes of this Act, the vesting of a 
function in a department or office pursuant to reestablish-
ment of an office shall be considered to be the transfer 
of the function. 
(j) AVAILABILITY OF EXISTING FUNDS.—Existing 
appropriations and funds available for the performance of 
functions, programs, and activities terminated pursuant to 
this Act shall remain available, for the duration of their 
period of availability, for necessary expenses in connection 
with the termination and resolution of such functions, pro-
grams, and activities. 
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(k) DEFINITIONS.—For purposes of this Act— 
(1) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and 
(2) the term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit, 
organizational entity, or component thereof. 
SEC. 3. DEPUTY UNDER SECRETARY OF VETERANS AF-
FAIRS FOR VETERANS’ EMPLOYMENT AND 
TRAINING. 
(a) IN GENERAL.—Subsection (a) of section 4102A 
of title 38, United States Code, is amended to read as 
follows: 
‘‘(a) DEPUTY UNDER SECRETARY FOR VETERANS’ 
EMPLOYMENT AND TRAINING.—(1) There is established 
within the Department a Deputy Under Secretary for Vet-
erans’ Employment and Training, who shall formulate and 
implement all departmental policies and procedures to 
carry out— 
‘‘(A) the purposes of this chapter, chapter 42, 
and chapter 43 of this title; and 
‘‘(B) all other Department employment, unem-
ployment, and training programs to the extent they 
affect veterans. 
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‘‘(2) The employees of the Department administering 
chapter 43 of this title shall be administratively and func-
tionally responsible to the Deputy Under Secretary for 
Veterans’ Employment and Training.’’. 
(b) CLERICAL AMENDMENTS.—Chapter 41 of title 
38, United States Code, is amended as follows: 
(1) The section heading of section 4102A of 
such title is amended to read as follows: 
‘‘§ 4102A. Deputy Under Secretary for Veterans’ Em-
ployment and Training; program func-
tions; 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; pro-
gram functions; Regional Administrators.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2013. 
SEC. 4. CONSOLIDATION OF DISABLED VETERANS OUT-
REACH 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: 
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‘‘§ 4104. Veteran employment specialists 
‘‘(a) 
REQUIREMENT
FOR
EMPLOYMENT
BY 
STATES.—(1) Subject to approval by the Secretary, a 
State shall employ such full- or part-time veteran employ-
ment specialists as the State determines appropriate and 
efficient to carry out the following: 
‘‘(A) Employment, training, and placement 
services under this chapter. 
‘‘(B) Intensive services under this chapter to 
meet the employment needs of eligible veterans with 
the following priority in the provision of services: 
‘‘(i) Special disabled veterans. 
‘‘(ii) Other disabled veterans. 
‘‘(iii) Other eligible veterans in accordance 
with priorities determined by the Secretary tak-
ing into account applicable rates of unemploy-
ment 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 em-
ployment and training needs of veterans shall be placed 
on assisting economically or educationally disadvantaged 
veterans. 
‘‘(b) PRINCIPAL DUTIES.—As principal duties, vet-
eran employment specialists shall— 
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‘‘(1) conduct outreach to employers in the area 
to assist veterans and disabled veterans in gaining 
employment, including conducting seminars for em-
ployers and, in conjunction with employers, con-
ducting job search workshops and establishing job 
search groups; and 
‘‘(2) facilitate employment, training, and place-
ment services furnished to veterans and disabled vet-
erans in a State under the applicable State employ-
ment service delivery systems. 
‘‘(c) REQUIREMENT FOR QUALIFIED VETERANS.— 
(1) A State shall, to the maximum extent practicable, em-
ploy qualified veterans to carry out the services referred 
to in subsection (a). Preference shall be given in the ap-
pointment of such specialists to qualified disabled vet-
erans. 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 per-
sons. 
‘‘(2)(A) Each State that employs a veteran employ-
ment specialist under this section shall submit to the Sec-
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retary 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 Rep-
resentatives an annual report summarizing the reports 
submitted under subparagraph (A). 
‘‘(d) PART-TIME EMPLOYEES.—A part-time veteran 
employment specialist shall perform the functions of a vet-
eran employment specialist under this section on a half-
time basis. 
‘‘(e) REPORTING.—Each veteran employment spe-
cialist shall be administratively responsible to the manager 
of the employment service delivery system and shall pro-
vide 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 compli-
ance with Federal law and regulations with respect to spe-
cial services and priorities for eligible veterans and eligible 
persons.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by striking the item relating to section 4104 and in-
serting the following new item: 
‘‘4104. Veteran employment specialists.’’. 
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(b) CONFORMING AMENDMENTS.—Such title is fur-
ther amended— 
(1) by striking section 4103A and by striking 
the item relating to such section in the table of sec-
tions 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 ap-
pointed under section 4104(a) of this title; 
and’’; and 
(III) in subparagraph (B), as so 
redesignated, by striking ‘‘such spe-
cialists and representatives described 
in subparagraphs (A) and (B)’’ and 
inserting ‘‘such representatives de-
scribed in subparagraph (A)’’; and 
(ii) in paragraph (7), by striking ‘‘dis-
abled veterans’ outreach program special-
ists and through local veterans’ employ-
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ment representatives’’ and inserting ‘‘vet-
eran employment specialists’’; 
(B) in subsection (c)— 
(i) in paragraph (1)— 
(I) 
by 
striking 
‘‘sections 
4103A(a) and’’ and inserting ‘‘sec-
tion’’; and 
(II) by striking ‘‘section 4103A 
or’’; 
(ii) in paragraph (2)(A)— 
(I) in clause (i)(I)— 
(aa) by striking ‘‘disabled 
veterans’ outreach program spe-
cialists and local veterans’ em-
ployment representatives’’ and 
inserting ‘‘veteran employment 
specialists’’; and 
(bb) by striking ‘‘sections 
4103A and 4104’’ and inserting 
‘‘section 4104’’; and 
(II) in clause (iii), by striking 
‘‘disabled veterans’ outreach program 
specialist or a local veterans’ employ-
ment representative’’ and inserting 
‘‘veteran employment specialist’’; 
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(iii) in paragraph (4), by striking 
‘‘4103A or’’; 
(iv) in paragraph (5), by striking 
‘‘disabled veterans’ outreach program spe-
cialist and local veterans’ employment rep-
resentative’’ and inserting ‘‘veteran em-
ployment 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 vet-
erans’ outreach program specialist or 
a local veterans’ employment rep-
resentative’’ and inserting ‘‘veteran 
employment specialist’’; and 
(C) in subsection (f)(1), by striking ‘‘dis-
abled veterans’ outreach program specialists 
and local veterans’ employment representatives’’ 
and inserting ‘‘veteran employment specialists’’; 
and 
(3) in section 4109(a), by striking ‘‘disabled 
veterans’ outreach program specialists, local vet-
erans’ employment representatives’’ and inserting 
‘‘veteran employment specialists’’; 
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(4) in section 4112(d)— 
(A) in paragraph (1), by striking ‘‘disabled 
veterans’ outreach program specialist’’ and in-
serting ‘‘veteran employment specialist’’; and 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and 
(5) in section 3672(d)(1), by striking ‘‘disabled 
veterans’ outreach program specialists under section 
4103A’’ and inserting ‘‘veteran employment special-
ists appointed under section 4104(a)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2013. 
SEC. 
5. 
ADDITIONAL 
TECHNICAL 
AND 
CONFORMING 
AMENDMENTS. 
(a) CHAPTER 41.—Chapter 41 of title 38, United 
States Code, as amended by this Act, is further amended 
as follows: 
(1) By striking ‘‘Assistant Secretary of Labor 
for Veterans’ Employment and Training’’ each place 
it appears and inserting ‘‘Deputy Under Secretary 
for Veterans’ Employment and Training’’. 
(2) By striking ‘‘Department of Labor’’ each 
place it appears and inserting ‘‘Department’’. 
(3) By striking ‘‘Secretary of Labor’’ each place 
it appears and inserting ‘‘Secretary’’. 
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(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 Dep-
uty Under Secretary’’; and 
(B) in paragraph (3), by striking ‘‘and 
consulting with the Secretary of Veterans Af-
fairs’’. 
(6) In section 4105(b), by striking ‘‘and the 
Secretary of Veterans Affairs’’ both places it ap-
pears. 
(7) By striking section 4108. 
(8) In the table of sections at the beginning of 
such chapter, by striking the item relating to section 
4108. 
(9) In section 4110(d), by striking paragraph 
(1) and redesignating paragraphs (2) through (6) as 
paragraphs (1) through (5), respectively. 
(10) In section 4110A(b), by striking ‘‘Con-
gress’’ and inserting ‘‘the Committees on Veterans’ 
Affairs of the Senate and House of Representa-
tives’’. 
(11) In subsections (b) through (h) of section 
4114, by striking ‘‘Assistant Secretary’’ each place 
it appears and inserting ‘‘Deputy Under Secretary’’. 
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(A) by striking ‘‘Secretary of Labor’’ each 
place it appears and inserting ‘‘Secretary’’; and 
(B) in subsection (c)— 
(i) by striking the subsection heading 
and inserting the following: 
‘‘(c) ADMINISTRATION THROUGH DEPUTY UNDER 
SECRETARY FOR VETERANS’ EMPLOYMENT AND TRAIN-
ING.—’’; and 
(ii) by striking ‘‘Assistant Secretary 
of Labor for Veterans’ Employment and 
Training’’ and inserting ‘‘Deputy Under 
Secretary for Veterans’ Employment and 
Training’’. 
(4) In section 2021A— 
(A) by striking ‘‘Secretary of Labor’’ each 
place it appears and inserting ‘‘Secretary’’; and 
(B) in subsection (d)— 
(i) by striking the subsection heading 
and inserting the following: 
‘‘(d) ADMINISTRATION THROUGH DEPUTY UNDER 
SECRETARY FOR VETERANS’ EMPLOYMENT AND TRAIN-
ING.—’’; and 
(ii) by striking ‘‘Assistant Secretary 
of Labor for Veterans’ Employment and 
Training’’ and inserting ‘‘Deputy Under 
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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 subpara-
graph (E) and redesignating subparagraphs (F) 
through (H) as subparagraphs (E) through (G), re-
spectively. 
(7) In section 2066(a)(3), by striking subpara-
graph (A) and redesignating subparagraphs (B) 
through (G) as subparagraphs (A) through (F), re-
spectively. 
(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. 
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(3) In section 3118(b), by striking ‘‘and the As-
sistant 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 representa-
tive of the Assistant Secretary of Labor for 
Veterans’ Employment and Training of the De-
partment of Labor. (b) The Secretary shall, on 
a regular basis, consult with and seek the ad-
vice of the Committee with respect to the ad-
ministration of veterans’ rehabilitation pro-
grams under this title’’. 
(6) In section 3692(a), by striking ‘‘and the As-
sistant Secretary of Labor for Veterans’ Employ-
ment and Training shall be ex officio members’’ and 
inserting ‘‘an ex officio member’’. 
(7) In section 6306— 
(A) in subsection (a), by striking ‘‘shall ar-
range with the Secretary of Labor for the State 
employment service to match’’ and inserting 
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‘‘shall ensure that the State employment service 
matches’’; and 
(B) in subsection (b), by striking ‘‘, in con-
sultation with the Secretary of Labor,’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2013. 
Æ 
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