S 3555 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3555CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

September 19, 2012CommentsClose CommentsPermalink

Mr. BURR introduced the following bill; which was read twice and referred to the Committee on Veterans’ AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Careers for Veterans Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. EMPLOYMENT OF VETERANS WITH THE FEDERAL GOVERNMENT.

(a) In General- Section 4214 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





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





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(3) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in the matter before subparagraph (A), by striking ‘to the Congress’ and inserting ‘to the appropriate committees of Congress’; andCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) In this subsection, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





‘(A) the Committee on Veterans’ Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





‘(B) the Committee on Veterans’ Affairs and the Committee on Oversight and Government Reform of the House of Representatives.’.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 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 adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) receives a satisfactory score on completion of such examination, as determined by the State; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) match veterans seeking employment with available jobs based on the skills the veterans acquired as members of the Armed Forces; andCommentsClose CommentsPermalink





(2) allow employers to post information about available jobs.CommentsClose CommentsPermalink





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





(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.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(A) the Committee on Veterans’ Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Veterans’ Affairs and the Committee on Education and the Workforce of the House of Representatives.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink

SEC. 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--CommentsClose CommentsPermalink





(1) in paragraph (2), by inserting ‘unconditionally’ before ‘owned by’ each place it appears; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 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--CommentsClose CommentsPermalink





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





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





‘(C) The date that--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 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--CommentsClose CommentsPermalink





(1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; andCommentsClose CommentsPermalink





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





‘(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.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(A) In the case of a surviving spouse, the earliest of the following dates:CommentsClose CommentsPermalink





‘(i) The date on which the surviving spouse remarries.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) The date that is ten years after the date of the member’s death.CommentsClose CommentsPermalink





‘(B) In the case of a dependent who is not a spouse, the earliest of the following dates:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) The date that is ten years after the date of the member’s death.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 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:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Eligible Individuals- For purposes of this section, an eligible individual is a veteran or the spouse of a veteran.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink