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Title IV — Employment and Related Matters

S. 1982 · 113th Congress · Feb 3, 2014 · Lineage

IV Employment and Related Matters

A Training and other services for veterans seeking employment

Sec. 401 Reauthorization of veterans retraining assistance program

(a)
Extension— Subsection (k) of section 211 of the VOW to Hire Heroes Act of 2011 (Public Law 112–56; 38 U.S.C. 4100 note) is amended by striking “March 31, 2014” and inserting “June 30, 2016”.
(b)
Number of eligible veterans— Subsection (a)(2) of such section is amended—
(1)
in subparagraph (A), by striking “and” at the end;
(2)
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following new subparagraphs:

“(C) 50,000 during the period beginning April 1, 2014, and ending June 30, 2015; and

“(D) 50,000 during the period beginning July 1, 2015, and ending June 30, 2016.”

(c)
Clarification of limitation on aggregate amount of assistance— Subsection (b) of such section is amended by striking “up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs” and inserting “an aggregate of not more than 12 months of retraining assistance provided by the Secretary of Veterans Affairs under this section”.
(d)
Providers of retraining assistance— Subsection (b) of such section is further amended—
(1)
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
(2)
by inserting after paragraph (2) the following new paragraph (3):

“(3) is offered by a four-year educational institution and, as determined by the Secretary, is not reasonably available at a community college or technical school;”

(e)
Extension of application date— Subsection (e)(1)(G) of such section is amended by striking “October 1, 2013” and inserting “October 1, 2015”.
(f)
Reports— Subsection (i) of such section is amended—
(1)
in the subsection heading, by striking “Report” and inserting “Reports”;
(2)
by striking paragraph (1) and inserting the following new paragraph (1):

“(1) In general—The Secretary of Veterans Affairs shall submit to the appropriate committees of Congress reports on training assistance provided under this section as follows:

“(A) By not later than October 1, 2015, for participants provided assistance through March 31, 2014.

“(B) By not later than October 1, 2017, for participants provided assistance during the period beginning on April 1, 2014, and ending on June 2016.”

(3)
in paragraph (2), by striking “The report required by paragraph (1) shall include” and inserting “Each report required by paragraph (1) shall include, for the period covered by such report,”.

Sec. 402 Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses

(a)
In general— 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, 2014” and inserting “December 31, 2016”.
(b)
Report—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the benefits provided by the Secretary under section 1631(b) of such Act.
(2)
Appropriate committees of congress— In this subsection, the term appropriate committees of Congress means—
(A)
the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
(B)
the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.

Sec. 403 Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law

Section 3102(b)(4) is amended by striking “March 31, 2014” and inserting “March 31, 2016”.

Sec. 404 Unified employment portal for veterans

(a)
In general— Section 4105 is amended by adding at the end the following:

“(c)

“(1) The Secretary shall develop a single, unified Federal web-based employment portal, for use by veterans, containing information regarding all Federal programs and activities concerning employment, unemployment, and training to the extent the programs and activities affect veterans.

“(2) The Secretary shall work with representatives from the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and other Federal agencies and organizations concerned with veterans' issues, to determine an appropriate platform and implementing agency for the portal. The Secretary shall enter into an agreement with the other Federal agencies for the implementation of the portal.”

(b)
Implementation— The Secretary of Labor shall implement the portal required by subsection (c) of section 4105 of title 38, United States Code (as added by subsection (a) of this section), by not later than January 1, 2015.

Sec. 405 Report on unified Government Internet portal for veterans on jobs available through the Federal Government

(a)
Identification of Internet websites and applications that can assist veterans seeking employment—
(1)
In general— The Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Defense, and other appropriate public and private entities, take appropriate actions to identify Internet websites and applications that can assist veterans in seeking employment.
(2)
Priority in identification of certain websites and applications— In identifying websites and applications pursuant to paragraph (1), the Secretary shall place a particular priority on identifying websites and applications that do the following:
(A)
Match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces.
(B)
Permit employers to post information about available jobs.
(b)
Report— Not later than 180 days after the effective date specified in subsection (c), the Secretary of Labor shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the actions of the Secretary under subsection (a). The report shall include an assessment of the feasibility and advisability of creating a single, unified Internet-based employment portal for the Federal Government for use by veterans regarding employment through the Federal Government, including the cost of creating the portal, the collaboration with other Federal agencies required to create the portal, and the anticipated use of the portal.
(c)
Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

Sec. 406 Information on disability-related employment and education protections in Transition Assistance Program

(a)
In general— Section 1144(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(9) Provide information about disability-related employment and education protections.”

(b)
Effective date— The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act.

B Employment of veterans and recognition of veteran status with respect to employment related matters

Sec. 411 Employment of veterans with the Federal Government

(a)
In general— Section 4214 is amended—
(1)
in subsection (b), by adding at the end the following:

“(4)

“(A) The requirement under this paragraph 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 specified in subparagraph (C) during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014.

“(C) The authority specified in this subparagraph is the authority as follows:

“(i) The authority under paragraph (1).

“(ii) The authority available to the agency concerned under the Veterans Employment Opportunities Act of 1998 (Public Law 105–339) and the amendments made by that Act.

“(D) 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 15,000 qualified covered veterans during the five-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014. For purposes of complying with this subparagraph, an appointment pursuant to the authority referred to in subparagraph (C)(ii) shall not count toward the number required by this subparagraph unless the appointment is to a vacancy in a full-time, permanent position.”

(2)
in subsection (d), in the third sentence, by inserting “(including, during the 5-year period beginning on the date of the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, 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 the enactment of the Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014, 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).

Sec. 412 State recognition of military experience of veterans in issuing licenses and credentials to veterans

(a)
In general— Section 4102A(c) is amended by striking paragraph (9) and inserting the following new paragraph (9):

“(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;

“(II) has been awarded a military occupational specialty that is substantially equivalent to or exceeds the requirements of the State for the issuance of such license or credential;

“(III) has engaged in the active practice of the occupation for which the veteran is seeking such license or credential for at least two of the five years preceding the date of application; and

“(IV) pays any customary or usual fees required by the State for such license or credential; 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) The Secretary may waive the requirement under subparagraph (A) that a State establish a program described in that subparagraph as a condition of a grant or contract if the State certifies to the Secretary that the State—

“(i) takes into account previous military training for the purposes of issuing licenses or credentials;

“(ii) permits veterans to completely satisfy through examination any training or testing requirements for a license or credential with respect to which a veteran has previously completed military training; and

“(iii) for any credential or license for which a veteran is unable to completely satisfy such requirements through examination, the State substantially reduces training time required to satisfy such requirement based on the military training received by the veteran.

“(C) 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 title 38, United States Code, 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 such section 4102A(c)(9), as so added, 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.

Sec. 413 Grants to hire veterans as first responders

(a)
Grants for firefighters— 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.
(b)
Grants for law enforcement officers— 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.
(c)
Priority— In awarding grants under this section 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)
Funding—
(1)
Department of Homeland Security— There is authorized to be appropriated for fiscal year 2015 for the Department of Homeland Security, $125,000,000 to carry out subsection (a).
(2)
Department of Justice— There is authorized to be appropriated for fiscal year 2015 for the Department of Justice, $125,000,000 to carry out subsection (b).
(3)
Availability— The amounts authorized to be appropriated by this subsection shall be available for expenditure through September 30, 2018.

Sec. 414 Employment of veterans as evaluation factor in the awarding of Federal contracts

(a)
Civilian contracts—
(1)
In general— Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section:

“3313. Employment of veterans as evaluation factor

“The head of each executive agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce.”

(2)
Clerical amendment— The table of sections at the beginning of chapter 33 of such title is amended by adding after the item relating to section 3312 the following new item:
(b)
Defense contracts—
(1)
In general— Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

“2338. Employment of veterans as evaluation factor

“The head of each agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce.”

(2)
Clerical amendment— The table of sections at the beginning of chapter 137 of such title is amended by adding after the item relating to section 2337 the following new item:
(c)
Regulations— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out the provisions of section 3313 of title 41, United States Code, and section 2338 of title 10, United States Code, as added by subsections (a) and (b), respectively.

Sec. 415 Report on discrimination against members of reserve components of Armed Forces and veterans in civilian labor market

(a)
In general— Not later than 570 days after the date of the enactment of this act, the Secretary of Labor, in coordination with the heads of such agencies as the Secretary considers appropriate, shall submit to the appropriate committees of Congress a report on barriers and potential discrimination facing veterans in the labor market.
(b)
Contents— The report required by subsection (a) shall include the following:
(1)
An evaluation of the following:
(A)
The extent to which members of the reserve components of the Armed Forces and veterans face barriers to entry into the civilian labor market, including whether such members and veterans face obstacles in obtaining employment, maintaining employment, or receiving promotions while employed.
(B)
The extent to which a member of a reserve component of the Armed Forces or a veteran faces discrimination in the civilian labor market based on the member's or veteran's status as a member of a reserve component of the Armed Forces or as a veteran, as the case may be.
(C)
The adequacy and effectiveness of Federal laws in effect on the day before the date of the enactment of this Act in preventing or ameliorating acts of discrimination against members of the reserve components of the Armed Forces and veterans seeking or retaining employment in the civilian labor market.
(D)
The adequacy and effectiveness of programs of the Department of Labor in effect on the day before the date of the enactment of this Act in educating private sector employers on matters relevant to hiring and employing veterans and the military experience of veterans.
(2)
Such recommendations as the Secretary may have for legislative or administrative action—
(A)
to address barriers or discrimination that members of the reserve components of the Armed Forces and veterans may face in the civilian labor market;
(B)
to improve education and outreach for employers in the civilian labor market on issues regarding hiring and employing such members and veterans; and
(C)
to assist employers in the civilian labor market in matching the military experience of such members and veterans with the needs of such employers.
(3)
Such other matters as the Secretary considers appropriate.
(c)
Appropriate committees of congress— In this section, the term appropriate committees of Congress means—
(1)
the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and
(2)
the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives.
(d)
Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

C Program on Career Transition

Sec. 421 Program on provision of career transition services to young veterans

(a)
In general— Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, carry out a program to assess the feasibility and advisability of establishing a program to provide career transition services to eligible individuals—
(1)
to provide eligible individuals with work experience in the civilian sector;
(2)
to increase the marketable skills of eligible individuals;
(3)
to assist eligible individuals in obtaining long-term employment; and
(4)
to assist in integrating eligible individuals into their local communities.
(b)
Eligible individuals— For purposes of the program, an eligible individual is an individual who—
(1)
is—
(A)
a veteran of the Armed Forces who was discharged or released from service therein under conditions other than dishonorable; or
(B)
a member of a reserve component of the Armed Forces (including the National Guard) who—
(i)
served on active duty in the Armed Forces (other than active duty for training) for more than 180 consecutive days during the three-year period ending on the date of application for participation in the program; and
(ii)
is not serving on active duty on the date of commencement of participation in the program;
(2)
if discharged or released from the Armed Forces on the date of commencement of participation in the program, was so discharged or released not later than three years before application for participation in the program;
(3)
is unemployed or underemployed, as determined by the Secretary; and
(4)
is, at the time at which the individual applies for participation in the program, 18 years of age or older, but not more than 30 years of age.
(c)
Eligible employers—
(1)
In general— For purposes of the program, an eligible employer is an employer determined by the Secretary to meet such criteria for participation in the program as the Secretary shall establish for purposes of the program.
(2)
Past performance on certain matters— The criteria established by the Secretary under paragraph (1) may include past performance of an employer with respect to the following:
(A)
Job training, basic skills training, and related activities.
(B)
Financial accountability.
(C)
Demonstrated high potential for growth and long-term job creation.
(3)
For-profit and not-for-profit employers— The employers determined by the Secretary to be eligible employers under paragraph (1) may include both for-profit and not-for-profit employers.
(4)
Small business concerns— In determining employers to be eligible employers under paragraph (1), the Secretary shall ensure that small business concerns are afforded opportunities to participate in the program.
(5)
Exclusions— The following employers may not be determined to be an eligible employer under paragraph (1):
(A)
An agency of the Federal Government or a State or local government.
(B)
An employer that has previously participated in the program and, as determined by the Secretary, failed to abide by any requirement of the program.
(C)
An employer that cannot give an assurance to the Secretary at the time of application for participation in the program under subsection (l), and in such manner as the Secretary shall specify pursuant to that subsection, on each matter as follows:
(i)
That the employer has not been investigated or subject to a case or action by the Federal Trade Commission during the 180-day period ending on the date the employer would otherwise commence participation in the program.
(ii)
That the employer has been in good standing with a State business bureau during the period described in clause (i).
(iii)
That the employer is not delinquent with respect to payment of any taxes or employer contributions described under section 3301 and 3302 (a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)).
(iv)
That the employer would not request the placement of an additional eligible individual under the program, if after such additional placement, the number of eligible individuals placed in internships at such employer under the program would constitute more than 10 percent of the eligible employer’s workforce. For purposes of the previous sentence, being an intern under the program placed at an employer shall be considered part of the employer’s workforce.
(v)
That the employer has the intention of retaining eligible participants after such participants have completed participation in the program.
(d)
Duration— The Secretary shall carry out the program during the three-year period beginning on the date of the commencement of the program.
(e)
Career transition services— For purposes of the program, career transition services are the following:
(1)
Internships under subsection (f).
(2)
Mentorship and job-shadowing under subsection (g).
(3)
Volunteer opportunities under subsection (h).
(4)
Professional skill workshops under subsection (i).
(5)
Skills assessment under subsection (j).
(6)
Additional services under subsection (k).
(f)
Internships—
(1)
In general— For each eligible individual whom the Secretary approves for participation in the program, the Secretary shall attempt to place such eligible individual in an internship on a full-time basis with an eligible employer whom the Secretary has approved for participation in the program.
(2)
Duration— Each internship under the program shall be for a period of one year.
(3)
Wages—
(A)
In general— The Secretary shall furnish pay and benefits to each eligible individual participating in an internship under the program for the duration of such participation in an aggregate amount not to exceed $25,000.
(4)
Employment status— For purposes of the Patient Protection and Affordable Care Act (Public Law 111–148), an eligible individual placed in an internship with an eligible employer under the program shall be considered an employee of the Department of Veterans Affairs and not the eligible employer during the period of such internship under the program.
(5)
Relation to other Federal assistance— Notwithstanding any other provision of law, pay received by an individual under this subsection may not be used in any calculation to determine the eligibility of such individual for any Federal program for the purpose of obtaining child care assistance.
(g)
Mentorship and job-Shadowing—
(1)
In general— As a condition of an eligible employer's participation in the program and the placement of an eligible individual in an internship at the eligible employer, the eligible employer shall provide each eligible individual placed in an internship at the eligible employer under the program with at least one mentor who is an employee of the eligible employer.
(2)
Job-shadowing and career counseling— To the extent practicable, a mentor assigned to an eligible individual participating in the program shall provide such eligible individual with job shadowing and career counseling.
(h)
Volunteer opportunities—
(1)
In general— As a condition on participation in the program, each eligible individual who participates in the program shall, not less frequently than once each month in which the eligible individual participates in the program, engage in a qualifying volunteer activity in accordance with guidelines the Secretary shall establish.
(2)
Qualifying volunteer activities— For purposes of this subsection, a qualifying volunteer activity is any activity the Secretary considers related to providing assistance to, or for the benefit of, a veteran. Such activities may include the following:
(A)
Outreach.
(B)
Assisting an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code, on a volunteer basis.
(C)
Service benefitting a veteran in a State home or a Department of Veterans Affairs medical facility.
(D)
Service benefitting a veteran at an institution of higher education.
(i)
Professional skills workshops—
(1)
In general— The Secretary shall provide eligible individuals participating in the program with workshops for the development and improvement of the professional skills of such eligible individuals.
(2)
Tailored— The workshops provided by the Secretary shall be tailored to meet the particular needs of eligible individuals participating in the program as determined under subsection (j).
(3)
Topics— The workshops provided to eligible individuals participating in the program may include workshops for the development of such professional skills as the Secretary considers appropriate, which may include the following:
(A)
Written and oral communication skills.
(B)
Basic word processing and other computer skills.
(C)
Interpersonal skills.
(4)
Manner of presentation— Workshops on particular topics shall be provided through such means as may be appropriate, effective, and approved of by the Secretary for purposes of the program. Such means may include use of electronic communication.
(5)
Assessments— The Secretary shall conduct an assessment of a participant in a workshop conducted under this subsection to assess the participant’s knowledge acquired as a result of participating in the workshop.
(j)
Skills assessment—
(1)
In general— Under the program, the Secretary shall develop and implement an objective assessment of eligible individuals participating in the program to assist in the placement of such individuals in internships under subsection (f) and to assist in the tailoring of workshops under subsection (i).
(2)
Elements— The assessment may include an assessment of the skill levels and service needs of each participant, which may include a review of basic professional entry-level skills, prior work experience, employability, and the individual's interests.
(k)
Additional services—
(1)
In general— Except as provided in paragraph (2), the Secretary shall, under the program, furnish the following services to an eligible individual participating in the program when assessment under subsection (j) indicates such services are appropriate:
(A)
Counseling, such as job counseling and career counseling.
(B)
Job search assistance.
(C)
Follow-up services with participants that are offered unsubsidized employment by the employer with whom they were assigned.
(D)
Transportation, as described in paragraph (3).
(2)
Referrals— In lieu of furnishing a service to an eligible individual under paragraph (1), the Secretary may refer such eligible individual to another Federal, State, or local government program that provides such service.
(3)
Transportation— In accordance with criteria established by the Secretary for purposes of the program, the Secretary may pay an allowance based upon mileage, of any eligible individual placed in an internship under the program not in excess of 75 miles to or from a facility of the eligible employer or other place in connection with such internship.
(l)
Participation—
(1)
Application—
(A)
In general— An eligible employer or eligible individual seeking to participate in the program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary shall specify.
(B)
Requirements for eligible employers— An application submitted by an eligible employer under subparagraph (A) shall include a certification or other information, in such form and manner as the Secretary shall specify, on each of the assurances required by subsection (c)(5)(C), including the assurance that the employer has the intention of retaining eligible participants after they have completed participation in the program as provided in clause (v) of that subsection.
(2)
Time of application for certain eligible individuals— A member of the Armed Forces on active duty who expects to be an eligible individual described in subsection (b)(1)(A) upon discharge or release from the Armed Forces may submit an application to participate in the program not earlier than 180 days before the date on which the member expects to be discharged or released from the Armed Forces. A member who submits such an application shall be treated as unemployed or underemployed for purposes of subsection (b)(2) if the member has not accepted an offer of employment after discharge or release as of the time of the submittal of the application.
(3)
Delimiting date for commencement of participation by individuals— An eligible individual may not commence participation in the program after the date that is two years after the date of the commencement of the program.
(4)
Selection— The Secretary shall review each application submitted by an applicant under paragraph (1) and approve or disapprove the applicant for participation in the program.
(m)
Grants—
(1)
In general— The Secretary may award grants to eligible entities to assist the Secretary in carrying out the program.
(2)
Eligible entities— For purposes of the program, an eligible entity is a nonprofit organization.
(3)
Considerations— In awarding grants under this subsection, the Secretary may consider whether an eligible entity—
(A)
has an understanding of the unemployment problems of eligible individuals and members of the Armed Forces transitioning from service in the Armed Forces to civilian life; and
(B)
has the capability to assist the Secretary in administering effectively the program and providing career transition services to eligible individuals.
(4)
Use of funds— Amounts received by a recipient of a grant under this subsection may be used as the Secretary considers appropriate for purposes of the program, including as follows:
(A)
To assist the Secretary in carrying out the program.
(B)
To recruit eligible employers and eligible individuals to participate in the program.
(C)
To match eligible individuals participating in the program with internship opportunities at eligible employers participating in the program.
(D)
To coordinate and carry out job placement and other employer outreach activities.
(n)
Outreach—
(1)
In general— The Secretary of Veterans Affairs and the Secretary of Labor shall jointly carry out a program of outreach to inform eligible employers and eligible individuals about the program and the benefits of participating in the program.
(2)
Included locations and groups— The Secretary of Veterans Affairs and the Secretary of Labor shall ensure that any outreach program and activities conducted under paragraph (1) include, to the extent practicable, rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 of title 38, United States Code).
(o)
Awards for outstanding contributions to program—
(1)
In general— Each year of the program, the Secretary of Veterans Affairs may recognize one or more eligible employers or one or more eligible individuals participating in the program for demonstrating outstanding achievement in carrying out or in contributing to the success of the program.
(2)
Criteria— The Secretary shall establish such selection procedures and criteria as the Secretary considers appropriate for the award of recognition under this subsection.
(p)
Minimization of administrative burden on participating employers— The Secretary shall take such measures as may be necessary to minimize administrative burdens incurred by eligible employers due to participation in the program.
(q)
Reports—
(1)
In general— Not later than 45 days after the completion of the first year of the program and not later than 180 days after the completion of the second and third years of the program, the Secretary shall submit to Congress a report on the program.
(2)
Contents— Each report submitted under paragraph (1) shall include the following:
(A)
An evaluation of the program.
(B)
The number and characteristics of participants in the program.
(C)
The number and types of internships in which eligible individuals were placed under the program.
(D)
The number of individuals who obtained long-term full-time unsubsidized employment positions after participation in the program, the hourly wage and nature of such employment, and if available, whether such individuals were still employed in such positions three months after obtaining such positions.
(E)
An assessment of the feasibility and advisability of providing career transition services to eligible individuals.
(F)
An assessment of the effect of the program on earnings of eligible individuals and the employment of eligible individuals.
(G)
Such recommendations for legislative and administrative action as the Secretary may have to improve the program, to expand the program, or to improve the employment of eligible individuals.
(r)
Funding limitations—
(1)
Wages for internships— Not less than 95 percent of amounts authorized to be appropriated for the program by subsection (t) shall be used to provide pay under subsection (f)(3).
(2)
Administration— Not more than 5 percent of amounts authorized to be appropriated for the program by subsection (t) may be used to administer the program.
(s)
Definitions— In this section:
(1)
Active duty, Armed Forces, reserve component, and veteran— The terms active duty, Armed Forces, reserve component, and veteran have the meanings given such terms in section 101 of title 38, United States Code.
(2)
Full-time basis— The term full-time basis, with respect to an internship, means participation in the internship of not fewer than 30 hours per week and not more than 40 hours per week.
(3)
Small business concern— The term small business concern has the meaning given that term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
(4)
Unemployment compensation— The term unemployment compensation means regular compensation (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970), compensation under the Federal-State Extended Compensation Act of 1970, and compensation under the emergency unemployment compensation program under title IV of the Supplemental Appropriations Act, 2008.
(t)
Authorization of appropriations— There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $600,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available until expended.

D Improving employment and reemployment rights of members of the uniformed services

Sec. 431 Enforcement of rights of members of uniformed services with respect to States and private employers

(a)
Action for relief— Subsection (a) of section 4323 is amended—
(1)
in paragraph (1)—
(A)
by striking “appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and”;
(B)
by striking “for such person”;
(C)
by striking the fourth sentence; and
(D)
by adding at the end the following: “The person on whose behalf the complaint is referred may, upon timely application, intervene in such action, and may obtain such appropriate relief as is provided in subsections (d) and (e).”;
(2)
by striking paragraph (2) and inserting the following new paragraph (2):

“(2)

“(A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted—

“(i) if the Attorney General has made a decision to commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and

“(ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision.

“(B) If the Attorney General notifies a person that the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision.”

(3)
by redesignating paragraph (3) as paragraph (4);
(4)
by inserting after paragraph (2) the following new paragraph (3):

“(3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights and benefits provided for under this chapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter.”

(5)
in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C):

“(C) has been notified by the Attorney General that the Attorney General does not intend to commence an action for relief under paragraph (1) with respect to the complaint under such paragraph.”

(b)
Standing— Subsection (f) of such section is amended to read as follows:

“(f) Standing—An action under this chapter may be initiated only by the Attorney General or by a person claiming rights or benefits under this chapter under subsection (a).”

(c)
Conforming amendment— Subsection (h)(2) of such section is amended by striking “under subsection (a)(2)” and inserting “under paragraph (1) or (4) of subsection (a)”.

Sec. 432 Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services

(a)
In general— Subchapter III of chapter 43 is amended by adding at the end the following new section:

“4328. Suspension, termination, or debarment of contractors

“(a) Grounds for suspension, termination, or debarment—Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter.

“(b) Effect of debarment—A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years.”

(b)
Clerical amendment— The table of sections at the beginning of chapter 43 is amended by inserting after the item relating to section 4327 the following new item:
(c)
Regulations— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4328 of title 38, United States Code, as added by subsection (a).
(d)
Effective date— Section 4328 of title 38, United States Code, as added by subsection (a), shall apply with respect to failures and refusals to comply with provisions of chapter 43 of title 38, United States Code, occurring on or after the date of the enactment of this Act.
(e)
Annual report— Section 4332(a) is amended—
(1)
by redesignating paragraph (10) as paragraph (11); and
(2)
by inserting after paragraph (9) the following new paragraph (10):

“(10) The number of suspensions, terminations, and debarments under section 4328 of this title, disaggregated by the agency or department imposing the suspension or debarment.”

Sec. 433 Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies

Section 4324 is amended by adding at the end the following new subsection:

“(e)

“(1) In order to carry out the Special Counsel’s responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies.

“(2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel.

“(3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 of title 5.”

Sec. 434 Issuance and service of civil investigative demands by Attorney General

(a)
In general— Section 4323 is amended—
(1)
by redesignating subsection (i) as subsection (j); and
(2)
by inserting after subsection (h) the following new subsection (i):

“(i) Issuance and service of civil investigative demands

“(1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring—

“(A) the production of such documentary material for inspection and copying;

“(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or

“(C) the production of any combination of such documentary material or answers.

“(2) The provisions of section 3733 of title 31 governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733—

“(A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter;

“(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath;

“(C) the definitions relating to “false claims law” shall not apply; and

“(D) provisions relating to qui tam relators shall not apply.”

(b)
Effective date— Subsection (i) of section 4323 of title 38, United States Code, as added by subsection (a)(2), shall take effect on the date of the enactment of this Act and shall apply with respect to violations of chapter 43 of title 38, United States Code, alleged to have occurred on or after such date.
(c)
Annual reports— Section 4332(b)(2) is amended—
(1)
by striking “Not later than” and inserting the following:

“(A) In general—Not later than”

(2)
by adding at the end the following new subparagraph:

“(B) Annual supplement on civil investigative demands

“(i) In general—The Attorney General shall include with each report submitted under subparagraph (A) for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) of this title during the most recently completed fiscal year.

“(ii) Elements—Each report submitted under clause (i) shall include the following for the fiscal year covered by the report:

“(I) The number of times that a civil investigative demand was issued under section 4323(i) of this title.

“(II) For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment.”

E Small Business Matters

Sec. 441 Expansion of contracting goals and preferences of Department of Veterans Affairs to include conditionally owned small business concerns 100 percent owned by veterans

Section 8127(l) 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.”

Sec. 442 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) 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 applications received pursuant to section 8127(f)(2) of title 38, United States Code, that are verified on or after such date.

Sec. 443 Treatment of businesses after deaths of servicemember-owners for purposes of Department of Veterans Affairs contracting goals and preferences

(a)
In general— Section 8127 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 child 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 child 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 child, the earliest of the following dates:

“(i) The date on which the surviving dependent child 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 title 38, United States Code, 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.

Sec. 444 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, as amended by section 443 of this Act, 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.”

Sec. 445 Report on assistance for veterans in obtaining training on purchasing and operating a franchise

(a)
Report required— Not later than one year after the effective date specified in subsection (c), the Secretary of Labor shall, in consultation with the Secretary of Veterans Affairs, the Administrator of the Small Business Administration, and other appropriate entities, submit to Congress a report on the assistance available to veterans to obtain training necessary to purchase and operate a franchise.
(b)
Elements— The report required by subsection (a) shall include the following:
(1)
A description of the assistance available for veterans through the Department of Labor, the Department of Veterans Affairs, the Small Business Administration, or any other agency of the Federal Government in order to obtain training necessary to purchase or operate a franchise.
(2)
Information on the number of veterans who have sought and obtained the training described in paragraph (1) during the five calendar years preceding the report.
(3)
A description of any barriers encountered by veterans in obtaining the training described in paragraph (1).
(c)
Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.