Putting Our Veterans Back to Work Act of 2013 - Amends the: (1) VOW to Hire Heroes Act of 2011 to extend through March 31, 2016, the veterans retraining assistance program; and (2) Wounded Warrior Act to extend through 2016 the authority of the Secretary of Veterans Affairs (VA) (Secretary) to provide the same rehabilitation and vocational benefits to members of the Armed Forces (members) with severe injuries or illnesses as are provided to veterans.
Extends through: (1) March 31, 2016, additional VA rehabilitation programs for certain disabled veterans who have completed a VA rehabilitation program and have exhausted their rights to state unemployment benefits; and (2) FY2015 the collaborative veterans' training, mentoring, and placement program.
Directs the Secretary to develop a single, unified federal web-based employment portal for veterans to access information on federal programs and activities concerning veterans employment, unemployment benefits, and training.
Directs the: (1) Secretary of Homeland Security (DHS) to award grants to hire veterans as firefighters, and (2) Attorney General (AG) to award grants to hire veterans as law enforcement officers.
Requires the head of each executive and defense agency to consider favorably, as an evaluation factor in federal solicitations for contracts and task or delivery orders valued at or above $25 million, the employment by a prospective contractor of veterans constituting at least 5% of the contractor's workforce.
Allows a veteran on whose behalf a complaint of a violation of employment or reemployment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is made by the AG to intervene in such action, and to obtain appropriate relief. Requires the AG, within 60 days after receiving a referral of an unsuccessful attempt to resolve a complaint relating to a state or private employer, to notify the person on whose behalf the complaint is submitted of either the decision to commence such an action or of when such decision is expected to be made. Requires, in the latter case, such decision to be made within an additional 30 days. Requires the AG to commence such an action when there is reasonable cause to believe that a state or private employer is engaged in a pattern or practice of resistance to the full enjoyment of such rights and benefits, and that the pattern or practice denies the full exercise of such rights and benefits.
Authorizes the suspension, termination, or debarment of federal contractors for repeated failures or refusals to comply with USERRA protections.
Provides the Special Counsel with subpoena power to require the attendance and testimony of, and production of documents from, federal employees, to be enforced through the Merit Systems Protection Board.
Authorizes the AG, in employment or reemployment rights investigations, to issue and serve a civil investigative demand for the production of documentary material.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 6 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 6
To reauthorize the VOW to Hire Heroes Act of 2011, to provide
assistance to small businesses owned by veterans, to improve
enforcement of employment and reemployment rights of members of the
uniformed services, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22 (legislative day, January 3), 2013
Mr. Reid (for himself, Mr. Sanders, Mr. Durbin, Mr. Schumer, Mr. Udall
of New Mexico, Mr. Baucus, Mr. Brown, Mr. Schatz, Mr. Tester, Mr.
Menendez, Mr. Warner, Mr. Cardin, Ms. Hirono, Mr. Begich, Mr. Casey,
Mrs. Boxer, Mr. Nelson, Mr. Blumenthal, Mr. Coons, Mr. Levin, and Mr.
Heinrich) introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To reauthorize the VOW to Hire Heroes Act of 2011, to provide
assistance to small businesses owned by veterans, to improve
enforcement of employment and reemployment rights of members of the
uniformed services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Putting Our
Veterans Back to Work Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RENEWING OUR VOW TO HIRE HEROES
Sec. 101. Reauthorization of veterans retraining assistance program.
Sec. 102. Extension of authority of Secretary of Veterans Affairs to
provide rehabilitation and vocational
benefits to members of Armed Forces with
severe injuries or illnesses.
Sec. 103. Extension of additional rehabilitation programs for persons
who have exhausted rights to unemployment
benefits under State law.
Sec. 104. Reauthorization of collaborative veterans' training,
mentoring, and placement program.
TITLE II--BUILDING ON OUR VOW TO HIRE HEROES
Sec. 201. Unified employment portal for veterans.
Sec. 202. Grants to hire veterans as first responders.
Sec. 203. Employment of veterans as evaluation factor in the awarding
of Federal contracts.
TITLE III--IMPROVING EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF
THE UNIFORMED SERVICES
Sec. 301. Enforcement of rights of members of uniformed services with
respect to States and private employers.
Sec. 302. Suspension, termination, or debarment of contractors for
repeated violations of employment or
reemployment rights of members of uniformed
services.
Sec. 303. Subpoena power for Special Counsel in enforcement of
employment and reemployment rights of
members of uniformed services with respect
to Federal executive agencies.
Sec. 304. Issuance and service of civil investigative demands by
Attorney General.
TITLE I--RENEWING OUR VOW TO HIRE HEROES
SEC. 101. 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 ``March 31, 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 March 31, 2015; and
``(D) 50,000 during the period beginning April 1,
2015, and ending March 31, 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''.
SEC. 102. 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. 103. EXTENSION OF ADDITIONAL REHABILITATION PROGRAMS FOR PERSONS
WHO HAVE EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER
STATE LAW.
Section 3102(b)(4) of title 38, United States Code, is amended by
striking ``March 31, 2014'' and inserting ``March 31, 2016''.
SEC. 104. REAUTHORIZATION OF COLLABORATIVE VETERANS' TRAINING,
MENTORING, AND PLACEMENT PROGRAM.
Subsection (e) of section 4104A of title 38, United States Code, is
amended to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section amounts as follows:
``(1) $4,500,000 for the period consisting of fiscal years
2012 and 2013.
``(2) $4,500,000 for the period consisting of fiscal years
2014 and 2015.''.
TITLE II--BUILDING ON OUR VOW TO HIRE HEROES
SEC. 201. UNIFIED EMPLOYMENT PORTAL FOR VETERANS.
Section 4105 of title 38, United States Code 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.''.
SEC. 202. 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, 2011.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000.
SEC. 203. 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:
``Sec. 3312. 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 such chapter is amended by adding after the item
relating to section 3311 the following new item:
``3312. Employment of veterans as evaluation factor.''.
(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:
``Sec. 2336. 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 such chapter is amended by adding after the item
relating to section 2335 the following new item:
``2336. Employment of veterans as evaluation factor.''.
(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 2336 of title
10, United States Code, as added by subsections (a) and (b),
respectively.
TITLE III--IMPROVING EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF
THE UNIFORMED SERVICES
SEC. 301. ENFORCEMENT OF RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH
RESPECT TO STATES AND PRIVATE EMPLOYERS.
(a) Action for Relief.--Subsection (a) of section 4323 of title 38,
United States Code, 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.''; and
(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. 302. 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 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 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 of such title is amended by inserting after the item
relating to section 4327 the following new item:
``4328. Suspension, termination, or debarment of contractor.''.
(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 such title
occurring on or after the date of the enactment of this Act.
(e) Annual Report.--Section 4332(a) of such title 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. 303. 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 of title 38, United States Code, 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. 304. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY
ATTORNEY GENERAL.
(a) In General.--Section 4323 of title 38, United States Code, 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 such section, 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
such title alleged to have occurred on or after such date.
(c) Annual Reports.--Section 4332(b)(2) of such title is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(A) In general.--Not later than''; and
(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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs. (text of measure as introduced: CR S45-47)
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 113-111.
Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
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