Hiring Heroes Act of 2011- Amends the Wounded Warriors Act to extend until January 1, 2015, the authority of the Secretary of Veterans Affairs (VA) to provide the same rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses as are provided to veterans.
Expands the authority of the VA Secretary to make payments to employers to provide on-job training to veterans to include veterans who have not been rehabilitated to the point of employability.
Entitles certain veterans with service-connected disabilities who have exhausted their rights to unemployment benefits to participation in an additional VA rehabilitation program. Limits the duration of such a program to 24 months. Makes the 12-year period of eligibility for a VA rehabilitation program inapplicable under such an additional program.
Instructs the VA Secretary to follow-up on the employment status of veterans who participate in a VA rehabilitation program.
Requires (current law encourages) participation by eligible members in the Transitional Assistance Program (TAP) of the Department of Defense (DOD). Requires (under current law, authorizes) the provision of preseparation counseling to members whose discharge or release is anticipated.
Instructs the Secretary of Labor to follow-up on the employment status of members who complete their participation in the TAP.
Directs the VA Secretary to award grants to up to three nonprofit organizations under a collaborative veterans' training, mentoring, and placement program for eligible veterans seeking employment.
Requires participants in the TAP to receive individualized assessments of civilian positions for which they may be qualified based on a joint DOD, VA, and Department of Labor study of the equivalencies between military skills and civilian employment requirements.
Authorizes the appointment of an honorably discharged member of the uniformed services to a position in the civil service, without regard to specified civil service examination, certification, and appointment provisions, if otherwise qualified.
Requires executive agencies to establish programs to provide employment assistance to members who are being separated from active duty.
Directs the Secretary of Labor to carry out an outreach program to provide employment assistance to certain veterans who have been receiving assistance under the Unemployment Compensation for Ex-servicemembers program.
Authorizes a pilot program to assess the feasibility of providing work experience to certain members of the Armed Forces who are on terminal leave.
Requires (under current law, authorizes) a VA demonstration project on the credentialing and licensing of veterans.
[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.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Federal Workforce, U.S. Postal Service, and Labor Policy .
Subcommittee Consideration and Mark-up Session Held.
Referred to the Subcommittee on Economic Opportunity.
Referred to the Subcommittee on Military Personnel.
Committee Hearings Held.
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