S. 495: Careers for Veterans Act of 2013

113th Congress, 2013–2015. Text as of Mar 07, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

II

113th CONGRESS

1st Session

S. 495

IN THE SENATE OF THE UNITED STATES

March 7, 2013

(for himself, Mr. Isakson, Mr. Cornyn, Mr. Heller, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to require Federal agencies to hire veterans, to require States to recognize the military experience of veterans when issuing licenses and credentials to veterans, and for other purposes.

1.

Short title

This Act may be cited as the Careers for Veterans Act of 2013 .

2.

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 2013 .

(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 2013 .

;

(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 2013 , 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 2013 , 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).

3.

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 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; 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.

4.

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)).

5.

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.

.

6.

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.

7.

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), 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.

8.

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 7, 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.

.