Title IV — Employment and Related Matters

S. 2413 · 113th Congress · Jun 2, 2014 · Lineage

IV Employment and Related Matters

A Training and other services for veterans seeking employment

Sec. 401 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.

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 specified in subparagraph (C) 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 Restoring Veterans Trust 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 Restoring Veterans Trust 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 Restoring Veterans Trust 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 Restoring Veterans Trust 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 examinations 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 examination administered by the State under clause (i) and a description of the results of such examinations, 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; and

“(ii) for any credential or license for which a veteran is unable to completely satisfy a training or testing requirement through examination, the State substantially reduces training time required to satisfy such requirement based on the military training received by the veteran or establishes procedures for granting credit for prior learning related to prior military service or training.

“(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)

Technical assistance—

(1)

In general— The Secretary of Labor, in consultation with the Secretary of Defense and such other heads of Federal agencies as the Secretary of Labor considers appropriate, may provide technical assistance to a State to assist the State in meeting the requirements of section 4102A(c)(9) of title 38, United States Code, as amended by subsection (a).

(2)

Authorization of appropriations— There is authorized to be appropriated to the Secretary of Labor to carry out paragraph (1) $1,000,000 for fiscal year 2015.

(c)

Effective date—

(1)

Examinations— 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 900 days after the date of the enactment of this Act.

Sec. 413 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 Improving employment and reemployment rights of members of the uniformed services

Sec. 421 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.”

D Small Business Matters

Sec. 431 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. 432 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. 433 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. 434 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 433 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. 435 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)