H.R. 6563 (112th): Veterans Jobs Corps Act of 2012

112th Congress, 2011–2013. Text as of Sep 25, 2012 (Introduced).

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I

112th CONGRESS

2d Session

H. R. 6563

IN THE HOUSE OF REPRESENTATIVES

September 25, 2012

introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committees on Ways and Means, the Budget, Armed Services, Foreign Affairs, the Judiciary, Science, Space, and Technology, and Education and the Workforce, 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 require the Secretary of Veterans Affairs to establish a veterans jobs corps, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Veterans Jobs Corps Act of 2012.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Veterans Jobs Corps.

Sec. 3. Employment of veterans with the Federal Government.

Sec. 4. Requirement that States recognize military experience of veterans when issuing licenses and credentials to veterans.

Sec. 5. Support for job searches of veterans through one-stop centers.

Sec. 6. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training.

Sec. 7. Study on value and utility of a skill credential registry.

Sec. 8. Minimum funding levels for disabled veterans' outreach program specialists and local veterans' employment representatives.

Sec. 9. Off-base transition training.

Sec. 10. Expansion of contracting goals and preferences of Department of Veterans Affairs to include small business concerns 100 percent but conditionally owned by veterans.

Sec. 11. Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners.

Sec. 12. Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences.

Sec. 13. Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States.

Sec. 14. 100 percent continuous levy on payment to medicare providers and suppliers.

Sec. 15. Extension of modified pension for certain veterans covered by medicaid plans for services furnished by nursing facilities.

Sec. 16. Revocation or denial of passport in case of certain unpaid taxes.

Sec. 17. Time for payment of corporate estimated taxes.

Sec. 18. Scoring of budgetary effects.

2.

Veterans Jobs Corps

(a)

Establishment

(1)

In general

The Secretary of Veterans Affairs shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of the Interior, and the Commanding General of the United States Army Corps of Engineers, establish a veterans jobs corps to employ veterans—

(A)

in conservation, resource management, and historic preservation projects on public lands and maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and

(B)

as firefighters and law enforcement officers.

(2)

Advisory input

The Secretary of Defense and the Secretary of Labor may provide the Secretary of Veterans Affairs with advice regarding the establishment of the veterans jobs corps.

(b)

Conservation, resource management, historic preservation, and cemetery maintenance and improvement projects

(1)

In general

As part of the veterans jobs corps, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the Commanding General of the United States Army Corps of Engineers shall—

(A)

employ veterans to carry out projects described in subsection (a)(1); or

(B)

award grants to, or enter into contracts with, State governments, local governments, tribal governments, or nongovernmental entities to employ veterans to carry out projects described in subsection (a)(1).

(2)

Priority

In employing or awarding grants or contracts to employ veterans under this subsection, the Secretary of Veterans Affairs, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, and the Commanding General of the United States Army Corps of Engineers shall give priority towards the employment of veterans who served on active duty in the Armed Forces on or after September 11, 2001.

(3)

Coordination

The Secretary of Veterans Affairs shall coordinate the activities of the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of the Interior, and the Commanding General of the United States Army Corps of Engineers to employ veterans as part of the veterans job corps.

(4)

Oversight of projects

The secretaries referred to in paragraph (1) and the Commanding General of the United States Army Corps of Engineers shall each provide oversight of the projects for which they employ veterans under subparagraph (A) of such paragraph or award grants or enter into contracts under subparagraph (B) of such paragraph.

(c)

First responders

(1)

Firefighters

As part of the veterans jobs corps, the Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) to hire veterans as firefighters.

(2)

Law enforcement officers

As part of the veterans jobs corps, the Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) to hire veterans as law enforcement officers.

(3)

Priority

In awarding grants under this subsection to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001.

(d)

Assistance

(1)

In general

The Secretary of Veterans Affairs may provide assistance to the secretaries described in subsection (a), the Attorney General, and the Commanding General of the United States Army Corps of Engineers to carry out the veterans jobs corps. Such assistance may take the form of a transfer under paragraph (2).

(2)

Transfers

Except as otherwise provided in this subsection, of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section, the Secretary of Veterans Affairs may transfer such amounts as the Secretary considers appropriate to carry out the veterans jobs corps to the following:

(A)

The Attorney General.

(B)

The Secretary of Agriculture.

(C)

The Secretary of Commerce.

(D)

The Secretary of Homeland Security.

(E)

The Secretary of the Interior.

(F)

The Commanding General of the United States Army Corps of Engineers.

(3)

Assistance for conservation, resource management, historic preservation, and cemetery maintenance and improvement projects

(A)

Application

If a secretary referred to in subsection (b)(1) or the Commanding General of the United States Army Corps of Engineers seeks assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection, such secretary or the Commanding General shall submit to the Secretary of Veterans Affairs an application therefor at such time, in such manner, and containing such information as the Secretary of Veterans Affairs may require.

(B)

Selection

The Secretary of Veterans Affairs shall, in consultation with the steering committee established under subparagraph (C), award assistance under this paragraph in accordance with such criteria as the steering committee establishes.

(C)

Steering committee

(i)

In general

The Secretary of Veterans Affairs shall establish a steering committee—

(I)

to establish selection criteria for the awarding of assistance under paragraph (1) to employ a veteran to carry out a project under subparagraph (A) of subsection (b)(1) or to award a grant or contract to carry out a project under subparagraph (B) of such subsection; and

(II)

to provide the Secretary of Veterans Affairs with advice on awarding assistance under this subsection with respect to projects described in subsection (a)(1) and carrying out the veterans jobs corps under subsection (b).

(ii)

Composition

The steering committee shall be composed of the following:

(I)

The Secretary of Veterans Affairs.

(II)

The Secretary of Agriculture.

(III)

The Secretary of Commerce.

(IV)

The Secretary of the Interior.

(V)

The Commanding General of the United States Army Corps of Engineers.

(iii)

Chairperson

The chairperson of the steering committee shall be the Secretary of Veterans Affairs.

(iv)

Advisory input

The Secretary of Defense and the Secretary of Labor may provide advice to the steering committee.

(4)

Assistance for first responders

Not more than 10 percent of amounts appropriated or otherwise made available to the Secretary of Veterans Affairs to carry out this section may be transferred to the Attorney General and the Secretary of Homeland Security to employ veterans under subsection (c).

(e)

Reporting framework

The Secretary of Veterans Affairs shall establish a reporting framework to regularly monitor and evaluate the veterans jobs corps to ensure proper oversight and accountability of the veterans jobs corps.

(f)

Outreach

The Secretary of Veterans Affairs shall, in consultation with the Secretary of Labor, ensure that veterans employed under the veterans jobs corps are aware of benefits and assistance available to them under laws administered by the Secretary of Veterans Affairs and benefits and assistance available to them under laws administered by the Secretary of Labor, particularly with respect to education, training, and related benefits that might complement their employment under the veterans jobs corps.

(g)

Authorization of appropriations

(1)

In general

There is available without further appropriation to the Secretary of Veterans Affairs to carry out this section, $1,000,000,000 for the period of fiscal years 2012 through 2017.

(2)

Limitation

Of amounts made appropriated or otherwise made available to carry out this section, not more than five percent may be spent to administer the veterans jobs corps.

(h)

Veteran defined

In this section, the term veteran has the meaning given the term in section 101 of title 38, United States Code.

3.

Employment of veterans with the Federal Government

(a)

In general

Section 4214 of title 38, United States Code, is amended—

(1)

in subsection (b), by adding at the end the following:

(4)
(A)

The requirement under this section is in addition to the appointment of qualified covered veterans under the authority under paragraph (1) by the Department of Veterans Affairs and the Department of Defense.

(B)

The head of each agency, in consultation with the Director of the Office of Personnel Management, shall develop a plan for exercising the authority under paragraph (1) during the five-year period beginning on the date of enactment of the Careers for Veterans Act of 2012.

(C)

The Director of the Office of Personnel Management shall ensure that under the plans developed under subparagraph (B) agencies shall appoint to existing vacancies not fewer than 10,000 qualified covered veterans during the five-year period beginning on the date of enactment of the Careers for Veterans Act of 2012.

;

(2)

in subsection (d), in the third sentence, by inserting (including, during the 5-year period beginning on the date of enactment of the Careers for Veterans Act of 2012, the development and implementation by each agency of the plan required under subsection (b)(4), which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, career or career-conditional appointments) after subsection (b) of this section; and

(3)

in subsection (e)—

(A)

in paragraph (1)—

(i)

in the matter before subparagraph (A), by striking to the Congress and inserting to the appropriate committees of Congress; and

(ii)

in subparagraph (A), by inserting (including, during the 5-year period beginning on the date of enactment of the Careers for Veterans Act of 2012, the development and implementation by the agency of the plan required under subsection (b)(4), which shall include information regarding the grade or pay level of appointments by the agency under the plan and whether the appointments are, or are converted to, permanent appointments) before the period; and

(B)

by adding at the end the following new paragraph:

(3)

In this subsection, the term appropriate committees of Congress means—

(A)

the Committee on Veterans' Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B)

the Committee on Veterans' Affairs and the Committee on Oversight and Government Reform of the House of Representatives.

.

(b)

Report

Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate committees of Congress (as defined under section 4214(e)(3) of title 38, United States Code, as amended by subsection (a)) regarding the development of a plan to carry out the amendments made by subsection (a).

4.

Requirement that States recognize military experience of veterans when issuing licenses and credentials to veterans

(a)

In general

Section 4102A(c) of title 38, United States Code, is amended by adding at the end the following new paragraph:

(9)
(A)

As a condition of a grant or contract under which funds are made available to a State under subsection (b)(5) in order to carry out section 4103A or 4104 of this title, the State shall—

(i)

establish a program under which the State administers an examination to each veteran seeking a license or credential issued by the State and issues such license or credential to such veteran without requiring such veteran to undergo any training or apprenticeship if the veteran—

(I)

receives a satisfactory score on completion of such examination, as determined by the State; and

(II)

has not less than 10 years of experience in a military occupational specialty that, as determined by the State, is similar to a civilian occupation for which such license or credential is required by the State; and

(ii)

submit each year to the Secretary a report on the exams administered under clause (i) during the most recently completed 12-month period that includes, for the period covered by the report the number of veterans who completed an exam administered by the State under clause (i) and a description of the results of such exams, disaggregated by occupational field.

(B)

Not less frequently than once each year, the Secretary shall submit to Congress and the Secretary of Defense a report summarizing the information received by the Secretary under subparagraph (A)(ii).

.

(b)

Effective date

(1)

Exams

Subparagraph (A) of section 4102A(c)(9) of such title, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to grants and contracts described in such subparagraph awarded after such date.

(2)

Reports

Subparagraph (B) of section 4102A(c)(9), as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act and the Secretary of Labor shall submit the first report under such subparagraph not later than two years after the date of the enactment of this Act.

5.

Support for job searches of veterans through one-stop centers

(a)

Furnishing of list of Internet resources

Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall furnish each one-stop center with a list of all Internet websites and applications that the Secretary has identified as beneficial for veterans in pursuit of employment to their pursuit.

(b)

Identification of additional resources

The Secretary shall coordinate with public and private sector entities to identify Internet websites and applications not already included in a list furnished under subsection (a) that—

(1)

match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces; and

(2)

allow employers to post information about available jobs.

(c)

Supplements

The Secretary of Labor shall furnish each one-stop center with a list of Internet websites and applications identified under subsection (b).

(d)

Report

Not later than 455 days after the date of the enactment of this Act, the Secretary of Labor shall submit to the appropriate committees of Congress a report on the use of the Internet websites and applications identified under subsection (b) for the benefit of veterans in pursuit of employment.

(e)

Definitions

In this section:

(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(B)

the Committee on Veterans' Affairs and the Committee on Education and the Workforce of the House of Representatives.

(2)

One-stop center

The term one-stop center means a center described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)).

6.

State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training

(a)

In general

Section 4102A(c) of title 38, United States Code, as amended by section 4, is further amended by adding at the end the following:

(10)
(A)

As a condition of a grant or contract under which funds are made available to a State in order to carry out section 4103A or 4104 of this title for any program year, the Secretary shall require the State—

(i)

to demonstrate that when the State approves or denies a certification or license described in subparagraph (B) for a veteran the State takes into consideration any training received or experience gained by the veteran while serving on active duty in the Armed Forces; and

(ii)

to disclose to the Secretary in writing the following:

(I)

Criteria applicants must satisfy to receive a certification or license described in subparagraph (B) by the State.

(II)

A description of the standard practices of the State for evaluating training received by veterans while serving on active duty in the Armed Forces and evaluating the documented work experience of such veterans during such service for purposes of approving or denying a certification or license described in subparagraph (B).

(III)

Identification of areas in which training and experience described in subclause (II) fails to meet criteria described in subclause (I).”

(B)

A certification or license described in this subparagraph is any of the following that is issued or awarded by a State:

(i)

A license to be a State tested nursing assistant or a certified nursing assistant.

(ii)

A commercial driver’s license.

(iii)

An emergency medical technician license EMT–B or EMT–I.

(iv)

An emergency medical technician–paramedic license.

(C)

The Secretary shall share the information the Secretary receives under subparagraph (A)(ii) with the Secretary of Defense to help the Secretary of Defense improve training for military occupational specialties so that individuals who receive such training are able to receive a certification or license described in subparagraph (B) from a State.

(D)

The Secretary of Defense shall provide technical assistance and guidance to States on the training members of the Armed Forces receive for military occupational specialties so that States can make informed decisions with respect to certifying and licensing veterans.

.

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to the first program year that begins on or after the date that is one year after the date of the enactment of this Act and each program year thereafter.

(c)

Modification of training programs for military occupational specialties

The Secretary of Defense shall work with certification and licensing organizations and the Secretary of Labor to identify commonalities between military occupational specialties and civilian occupations and may revise the training programs for military occupational specialties so that members of the Armed Forces who complete such training programs develop the skills required for certification or licensing in civilian occupations that are similar to the military occupational specialties for which they were trained in the Armed Forces.

7.

Study on value and utility of a skill credential registry

(a)

Feasibility study

The Secretary of Labor and the Secretary of Education, in consultation with Secretary of Commerce, shall jointly conduct a study to determine the value and utility of a registry of recognized postsecondary credentials valued by employers, individuals, providers of education and training, economic development professionals, State and local officials, and other relevant stakeholders.

(b)

Contents

The study in subsection (a) shall address, at a minimum, the following:

(1)

The type of organization, or consortium of organizations, that should manage or operate such a registry.

(2)

The administration of such a registry, especially how such administration would be supported with non-Federal funds.

(3)

How such a registry would be maintained and kept current so as to be of greatest value.

(4)

How the quality and integrity of the credentials cataloged in such a registry would be ensured, so as to be of the greatest value.

(5)

How the contents of such a registry could inform the provision of education and training services through Federal education and workforce development programs.

(6)

How such a registry would be marketed and utilized so as to be of greatest value.

(c)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor and the Secretary of Education shall jointly submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report on the results of the study conducted under subsection (a).

(d)

Authorization of appropriations

There is authorized to be appropriated to the Secretary of Labor and the Secretary of Education $250,000 to conduct the study required by subsection (a).

(e)

Definitions

In this section:

(1)

Industry-recognized

The term industry-recognized, used with respect to a credential, means a credential that—

(A)

is sought or accepted by employers within the industry sector involved as recognized, preferred, or required for recruitment, screening, hiring, or advancement;

(B)

is endorsed by a recognized trade or professional association or organization, representing a significant part of the industry sector; and

(C)

is a nationally portable credential, meaning a credential that is sought or accepted, across multiple States, as described in subparagraph (A).

(2)

Recognized postsecondary credential

The term recognized postsecondary credential means a credential consisting of an industry-recognized credential for postsecondary training, a certificate that meets the requirements of subparagraphs (A) and (C) of paragraph (1) for postsecondary training, a certificate of completion of a postsecondary apprenticeship through a program described in Section 122(a)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2842(a)(2)(B)), or an associate degree or baccalaureate degree awarded by an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001 (a))).

8.

Minimum funding levels for disabled veterans' outreach program specialists and local veterans' employment representatives

(a)

In general

Clause (iii) of section 4102A(c)(2)(B) of title 38, United States Code, is amended to read as follows:

(iii)
(I)

In carrying out this paragraph, the Secretary shall establish minimum funding levels and hold-harmless criteria for States.

(II)

Except as provided in subclause (III), at a minimum, the minimum funding levels established under subclause (I) shall ensure that each State receives sufficient funding to support at least one disabled veterans' outreach program specialist appointed under section 4103A(a)(1) of this title and one local veterans' employment representative assigned under section 4104(b) of this title per 5,000 square miles of service delivery area within the State.

(III)

In determining minimum funding levels under subclause (II), the Secretary may exclude consideration of counties with a population density of less than one person per square mile.

.

(b)

Report

(1)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress a report on the effect of the amendment made by subsection (a) on veterans who reside in highly rural areas.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A description of the effect of the amendment made by subsection (a) on veterans who reside in highly rural areas.

(B)

Such recommendations for legislative or administrative action as the Secretary considers appropriate to improve the provision of contracts and grants under section 4102A(b)(5) of such title to meet the needs of veterans who reside in highly rural areas and are eligible for services furnished under chapter 41 of such title.

(3)

Highly rural defined

In this subsection, the term highly rural, in the case of an area, means that the area consists of a county or counties having a population of less than seven persons per square mile.

9.

Off-base transition training

(a)

Provision of off-Base transition training

During the three-year period beginning on the date of the enactment of this Act, the Secretary of Labor shall provide the Transition Assistance Program under section 1144 of title 10, United States Code, to eligible individuals at locations other than military installations in not less than three and not more than five States selected by the Secretary.

(b)

Selection of locations

In selecting States in which to carry out the training under subsection (a), the Secretary shall select the States with the highest rates of veteran unemployment. The Secretary shall provide such training to veterans at a sufficient number of locations within the selected States to meet the need. The Secretary shall select such locations to facilitate access by participants and may not select any location on a military installation other than a National Guard or reserve facility that is not located on an active duty military installation.

(c)

Eligible individuals

For purposes of this section, an eligible individual is a veteran or the spouse of a veteran.

(d)

Inclusion of information about veterans benefits

The Secretary shall ensure that the training provided under subsection (a) generally follows the content of the Transition Assistance Program under section 1144 of title 10, United States Code.

(e)

Integrating subject matter experts

The Secretary of Labor shall include in any contract entered into pursuant to section 1144 of title 10, United States Code, or section 4113 of title 38, United States Code, a requirement to include experts in subject matters relating to human resources practices, including resume writing, interviewing and job searching skills, and the provision of information about post-secondary education.

(f)

Annual report

Not later than March 1 of any year during which the Secretary provides training under subsection (a), the Secretary shall submit to Congress a report on the provision of such training.

(g)

Comptroller General report

Not later than 180 days after the termination of the three-year period described in subsection (a), the Comptroller General of the United States shall submit to Congress a report on the training provided under such subsection. The report shall include the evaluation of the Comptroller General regarding the feasibility of carrying out off-base transition training at locations nationwide.

10.

Expansion of contracting goals and preferences of Department of Veterans Affairs to include small business concerns 100 percent but conditionally owned by veterans

Section 8127(l) of title 38, United States Code, is amended—

(1)

in paragraph (2), by inserting unconditionally before owned by each place it appears; and

(2)

by adding at the end the following new paragraph:

(3)

The term unconditionally owned includes, with respect to ownership of a small business concern, conditional ownership of such small business concern if such business concern is 100 percent owned by one or more veterans.

.

11.

Modification of treatment under contracting goals and preferences of Department of Veterans Affairs for small businesses owned by veterans of small businesses after death of disabled veteran owners

(a)

In general

Section 8127(h) of title 38, United States Code, is amended—

(1)

in paragraph (3), by striking rated as and all that follows through disability. and inserting a period; and

(2)

in paragraph (2), by amending subparagraph (C) to read as follows:

(C)

The date that—

(i)

in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the veteran's death; or

(ii)

in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is three years after the date of the veteran's death.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply with respect to contracts awarded on or after such date.

12.

Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences

(a)

In general

Section 8127 of title 38, United States Code, is amended—

(1)

by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and

(2)

by inserting after subsection (h) the following new subsection (i):

(i)

Treatment of businesses after death of servicemember-Owner

(1)

If a member of the Armed Forces owns at least 51 percent of a small business concern and such member is killed in line of duty in the active military, naval, or air service, the surviving spouse or dependent of such member who acquires such ownership rights in such small business concern shall, for the period described in paragraph (2), be treated as if the surviving spouse or dependent were a veteran with a service-connected disability for purposes of determining the status of the small business concern as a small business concern owned and controlled by veterans for purposes of contracting goals and preferences under this section.

(2)

The period referred to in paragraph (1) is the period beginning on the date on which the member of the Armed Forces dies and ending on the date as follows:

(A)

In the case of a surviving spouse, the earliest of the following dates:

(i)

The date on which the surviving spouse remarries.

(ii)

The date on which the surviving spouse relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern.

(iii)

The date that is ten years after the date of the member's death.

(B)

In the case of a dependent who is not a spouse, the earliest of the following dates:

(i)

The date on which the surviving dependant relinquishes an ownership interest in the small business concern and no longer owns at least 51 percent of such small business concern.

(ii)

The date that is ten years after the date of the member's death.

.

(b)

Effective date

Subsection (i) of section 8127 of such title, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to the deaths of members of the Armed Forces occurring on or after such date.

13.

Special rule for treatment under contracting goals and preferences of Department of Veterans Affairs of small business concerns licensed in community property States

Section 8127 of title 38, United States Code, as amended by section 12, is further amended by adding at the end the following new subsection:

(n)

Special rule for community property States

Whenever the Secretary assesses, for purposes of this section, the degree of ownership by an individual of a small business concern licensed in a community property State, the Secretary shall also assess what that degree of ownership would be if such small business concern had been licensed in a State other than a community property State. If the Secretary determines that such individual would have had a greater degree of ownership of the small business concern had such small business concern been licensed in a State other than a community property State, the Secretary shall treat, for purposes of this section, such small business concern as if it had been licensed in a State other than a community property State.

.

14.

100 percent continuous levy on payment to medicare providers and suppliers

Paragraph (3) of section 6331(h) of the Internal Revenue Code of 1986 is amended by striking the period at the end and inserting , or, with respect to payments made on or after the date which is 180 days after the date of the enactment of the Veterans Jobs Corps Act of 2012, to a Medicare provider or supplier under title XVIII of the Social Security Act..

15.

Extension of modified pension for certain veterans covered by medicaid plans for services furnished by nursing facilities

Section 5503(d)(7) of title 38, United States Code, is amended by striking September 30, 2016 and inserting March 31, 2017.

16.

Revocation or denial of passport in case of certain unpaid taxes

(a)

In general

Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

7345.

Revocation or denial of passport in case of certain tax delinquencies

(a)

In general

If the Secretary receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport pursuant to section 16(d) of the Veterans Jobs Corps Act of 2012.

(b)

Seriously delinquent tax debt

For purposes of this section, the term seriously delinquent tax debt means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section 6323 or a notice of levy has been filed pursuant to section 6331, except that such term does not include—

(1)

a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122, and

(2)

a debt with respect to which collection is suspended because a collection due process hearing under section 6330, or relief under subsection (b), (c), or (f) of section 6015, is requested or pending.

(c)

Adjustment for inflation

In the case of a calendar year beginning after 2012, the dollar amount in subsection (a) shall be increased by an amount equal to—

(1)

such dollar amount, multiplied by

(2)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2011 for calendar year 1992 in subparagraph (B) thereof.

If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next highest multiple of $1,000.

.

(b)

Clerical amendment

The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.

.

(c)

Authority for information sharing

(1)

In general

Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(23)

Disclosure of return information to Department of State for purposes of passport revocation under section 7345

(A)

In general

The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to—

(i)

the taxpayer identity information with respect to such taxpayer, and

(ii)

the amount of such seriously delinquent tax debt.

(B)

Restriction on disclosure

Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 16(d) of the Veterans Jobs Corps Act of 2012.

.

(2)

Conforming amendment

Paragraph (4) of section 6103(p) of such Code is amended by striking or (22) each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting (22), or (23).

(d)

Authority To deny or revoke passport

(1)

Denial

(A)

In general

Except as provided under subparagraph (B), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not issue a passport to any individual who has a seriously delinquent tax debt described in such section.

(B)

Emergency and humanitarian situations

Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A).

(2)

Revocation

(A)

In general

The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A).

(B)

Limitation for return to united states

If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may—

(i)

limit a previously issued passport only for return travel to the United States; or

(ii)

issue a limited passport that only permits return travel to the United States.

(3)

Hold harmless

The Secretary of the Treasury and the Secretary of State shall not be liable to an individual for any action with respect to a certification by the Commissioner of Internal Revenue under section 7345 of the Internal Revenue Code of 1986.

(e)

Revocation or denial of passport in case of individual without social security account number

(1)

Denial

(A)

In general

Except as provided under subparagraph (B), upon receiving an application for a passport from an individual that either—

(i)

does not include the social security account number issued to that individual, or

(ii)

includes an incorrect or invalid social security number willfully, intentionally, negligently, or recklessly provided by such individual,

the Secretary of State is authorized to deny such application and is authorized to not issue a passport to the individual.
(B)

Emergency and humanitarian situations

Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in subparagraph (A).

(2)

Revocation

(A)

In general

The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A).

(B)

Limitation for return to United States

If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may—

(i)

limit a previously issued passport only for return travel to the United States; or

(ii)

issue a limited passport that only permits return travel to the United States.

(f)

Effective date

The provisions of, and amendments made by, this section shall take effect on January 1, 2013.

17.

Time for payment of corporate estimated taxes

Notwithstanding section 6655 of the Internal Revenue Code of 1986, in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)—

(1)

the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2013 shall be increased by 0.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code);

(2)

the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2017 shall be increased by 0.50 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and

(3)

the amount of the next required installment after an installment referred to in paragraph (1) or (2) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.

18.

Scoring of budgetary effects

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.