[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 140 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 140

     To amend the Internal Revenue Code of 1986 to extend the work 
opportunity credit to certain recently discharged veterans, to improve 
     the coordination of veteran job training services between the 
   Department of Labor, the Department of Veterans Affairs, and the 
     Department of Defense, to require transparency for Executive 
 departments in meeting the Government-wide goals for contracting with 
   small business concerns owned and controlled by service-disabled 
                   veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 24 (legislative day, January 3), 2013

Mr. Baucus (for himself and Mr. Tester) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
     To amend the Internal Revenue Code of 1986 to extend the work 
opportunity credit to certain recently discharged veterans, to improve 
     the coordination of veteran job training services between the 
   Department of Labor, the Department of Veterans Affairs, and the 
     Department of Defense, to require transparency for Executive 
 departments in meeting the Government-wide goals for contracting with 
   small business concerns owned and controlled by service-disabled 
                   veterans, and for other purposes.

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

   TITLE I--WORK OPPORTUNITY CREDIT FOR RECENTLY DISCHARGED VETERANS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Veteran Employment Transition Act 
of 2013''.

SEC. 102. WORK OPPORTUNITY CREDIT FOR CERTAIN RECENTLY DISCHARGED 
              VETERANS.

    (a) In General.--Subparagraph (A) of section 51(d)(3) of the 
Internal Revenue Code of 1986 is amended by striking ``means any 
veteran who is'' and inserting ``means any recently discharged veteran, 
or any veteran if such veteran is''.
    (b) Recently Discharged Veteran.--Paragraph (3) of section 51(d) of 
the Internal Revenue Code of 1986 is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D), 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Recently discharged veteran.--For purposes of 
                subparagraph (A), the term `recently discharged 
                veteran' means--
                            ``(i) any individual who is described in 
                        clause (i) of subparagraph (B) (without regard 
                        to certification), and
                            ``(ii) any member of the National Guard who 
                        has served for more than 180 consecutive days 
                        of--
                                    ``(I) active duty (within the 
                                meaning of title 32, United States 
                                Code) other than for training,
                                    ``(II) full-time National Guard 
                                duty (within the meaning of such title 
                                32) other than for training,
                                    ``(III) duty, other than inactive 
                                duty or duty for training, in State 
                                status (within the meaning of such 
                                title 32), or
                                    ``(IV) any combination of duty 
                                described in subclause (I), (II), or 
                                (III),
                who has been discharged or released from duty meeting 
                such requirements at any time during the 5-year period 
                ending on the hiring date. Such term shall not include 
                any veteran who begins work for the employer before the 
                date of the enactment of the Veteran Employment 
                Transition Act of 2013.''.
    (c) Conforming Amendments.--Section 51(d) of the Internal Revenue 
Code of 1986 is amended--
            (1) by adding at the end of paragraph (13) the following 
        new subparagraph:
                    ``(E) Pre-screening of recently discharged 
                veterans.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), the term `pre-screening 
                        notice' shall include any documentation 
                        provided to an individual by the Department of 
                        Defense or the National Guard upon release or 
                        discharge from the Armed Forces or from service 
                        in the National Guard which includes 
                        information sufficient to establish that such 
                        individual satisfies the requirements of 
                        paragraph (3)(C).
                            ``(ii) Additional certification not 
                        required.--Subparagraph (A) shall be applied 
                        without regard to clause (ii)(II) thereof in 
                        the case of a recently discharged veteran who 
                        provides to the employer documentation 
                        described in clause (i).'', and
            (2) by striking paragraph (14).
    (d) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall apply to individuals whose hiring date (as defined in 
section 51(d)(11) of the Internal Revenue Code of 1986) is on or after 
the date of the enactment of this Act.
    (e) Department of Defense Documentation.--
            (1) In general.--The Department of Defense and the National 
        Guard, as applicable, shall provide--
                    (A) to each individual who is discharged or 
                released from active duty in the Armed Forces of the 
                United States on or after the date of the enactment of 
                this Act; and
                    (B) to each member of the National Guard who is 
                released from duty described in section 51(d)(3)(C)(ii) 
                of the Internal Revenue Code of 1986 (as added by this 
                Act) on or after the date of the enactment of this Act;
        documentation described in paragraph (4) (in addition to the 
        documentation which, without regard to this subsection, is 
        provided at the time of such discharge or release). If the 
        documentation which is provided without regard to this 
        subsection at the time of the discharge or release described in 
        the preceding sentence does not include information sufficient 
        to satisfy the requirements of section 51(d)(13)(E)(i) of the 
        Internal Revenue Code of 1986 (as added by this Act), the 
        Department of Defense or the National Guard, whichever is 
        applicable, shall provide additional documentation which 
        includes such information.
            (2) Informational briefing as part of preseparation 
        counseling.--In the case of an individual who is discharged or 
        released from duty described in subparagraph (A) or (B) of 
        paragraph (1) after the date of the enactment of this Act, the 
        Department of Defense or the National Guard, whichever is 
        applicable, shall inform such individual, as a part of the 
        individual preseparation counseling required by section 1142 of 
        title 10, United States Code, of the credit for employment of 
        recently discharged veterans under section 51 of the Internal 
        Revenue Code of 1986.
            (3) Request for documentation.--The Department of Defense 
        or the National Guard, whichever is applicable, shall provide 
        upon request the documentation required by paragraph (1) to any 
        individual who is discharged or released from duty described in 
        subparagraph (A) or (B) of such paragraph during the 5-year 
        period preceding and including the date of the enactment of 
        this Act.
            (4) Instructions for use of work opportunity credit.--The 
        documentation described in this paragraph is a document which 
        includes--
                    (A) instructions for an individual to ensure 
                treatment as a recently discharged veteran for purposes 
                of section 51(d)(3)(C) of the Internal Revenue Code of 
                1986 (as added by this Act),
                    (B) instructions for employers detailing the use of 
                the credit under such section 51 with respect to such 
                individual, and
                    (C) the dates during which the credit under such 
                section 51 is available.
        Such instructions shall be developed in collaboration with the 
        Internal Revenue Service.

           TITLE II--VETERAN EMPLOYMENT AND TRAINING SERVICES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Veteran Employment and Training 
Services Act of 2013'' or the ``VETS Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Disabled veteran.--The term ``disabled veteran'' has 
        the meaning given the term in section 4211 of title 38, United 
        States Code.
            (2) Economically and educationally disadvantaged veteran.--
        The term ``economically and educationally disadvantaged 
        veteran'' means such a veteran, within the meaning of chapter 
        41 of title 38, United States Code.
            (3) Rehabilitation plan.--The term ``rehabilitation plan'' 
        means an individualized plan formulated for a veteran under 
        section 3107 of title 38, United States Code, that has an 
        employment objective.
            (4) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.
            (5) Veteran job training program.--The term ``veteran job 
        training program'' means--
                    (A) the Disabled Veterans' Outreach Program carried 
                out under section 4103A of title 38, United States 
                Code;
                    (B) the Homeless Veterans Reintegration Program 
                carried out under section 2021 of that title;
                    (C) the Local Veterans' Employment Representative 
                Program carried out under section 4104 of that title;
                    (D) the Transition Assistance Program carried out 
                under section 1144 of title 10, United States Code;
                    (E) the Veterans Workforce Investment Program 
                carried out under section 168 of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2913); and
                    (F) the Vocational Rehabilitation & Employment 
                Program carried out under chapter 31 of title 38, 
                United States Code.
            (6) Veteran job training services.--The term ``veteran job 
        training services'' means the services provided under a veteran 
        job training program.

SEC. 203. COORDINATION BETWEEN SECRETARY OF LABOR, SECRETARY OF 
              VETERANS AFFAIRS, AND SECRETARY OF DEFENSE ON VETERAN JOB 
              TRAINING.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Labor, the Secretary of Veterans Affairs, and the 
Secretary of Defense shall enter into an agreement, covering the 3 
departments involved, to govern the coordination of veteran job 
training services.

SEC. 204. IMPLEMENTATION REPORTS ON VETERAN JOB TRAINING PROGRAMS.

    (a) Report Required.--The Secretary of Veterans Affairs and the 
Secretary of Labor shall prepare an initial and a final report on the 
veteran job training programs of the Department of Veterans Affairs and 
Department of Labor as described in this section.
    (b) Department of Veterans Affairs.--The Secretary of Veterans 
Affairs shall include in each of the reports required by subsection 
(a), with regard to the Department of Veterans Affairs, information 
describing each of the following:
            (1) The actions taken by the department to ensure that 
        States receive sufficient guidance to comply with Federal laws 
        regarding veteran job training programs.
            (2) The extent to which the department reviewed and 
        incorporated into its operations--
                    (A) the employment related initiatives of the 
                Yellow Ribbon Reintegration Program under section 582 
                of the National Defense Authorization Act for Fiscal 
                Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note); 
                and
                    (B) the conclusions of the Credentialing and 
                Licensing Task Force of the Department of Defense.
            (3) The extent to which veterans' employment outcomes 
        result from participation in veteran job training programs 
        rather than from other factors.
            (4) Actions taken by the department to ensure that veterans 
        with a rehabilitation plan receive veteran job training 
        services consistent with the rehabilitation plan.
            (5) Efforts taken by the department to better serve 
        veterans living in rural communities.
    (c) Department of Labor.--The Secretary of Labor shall include in 
each of the reports required by subsection (a), with regard to the 
Department of Labor, information describing each of the following:
            (1) The matters referred to in paragraphs (1), (2), (3), 
        and (5) of subsection (a).
            (2) The actions taken by the department to provide States 
        with clear guidance for determining which veterans are 
        classified as economically and educationally disadvantaged 
        veterans, or in other categories of veterans.
            (3) The progress of the department in clarifying its 
        approach to determining which participants in the Disabled 
        Veterans Outreach Program carried out under section 4103A of 
        title 38, United States Code, shall receive intensive services 
        (as defined in section 134(d)(3) of the Workforce Investment 
        Act of 1998 (29 U.S.C. 2864(d)(3)).
            (4) How the department reports on goals for performance, 
        and actual performance, on performance standards or other 
        measures, for each of its veterans job training programs, 
        including an assessment of how to better monitor employment 
        outcomes for disabled veterans.
    (d) Submission of Reports.--The Secretary of Labor and the 
Secretary of Veterans Affairs shall submit to Congress--
            (1) not later than 1 year after the date of enactment of 
        this Act, the initial report required by subsection (a); and
            (2) not later than 2 years after such date, the final 
        report required by subsection (a).
    (e) Internet Publication of Department of Labor Data on Performance 
Goals and Outcomes.--The Secretary of Labor shall publish on a publicly 
accessible, user-friendly Internet website the goals and actual 
performance data described in subsection (c)(4).

SEC. 205. EXPANSION OF PILOT PROGRAM ON RECEIPT OF CIVILIAN 
              CREDENTIALING FOR SKILLS REQUIRED FOR MILITARY 
              OCCUPATIONAL SPECIALTIES.

    Section 558(b)(1) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2015 note) is amended by 
striking ``not less than three or more than five'' and inserting ``the 
MOS 31B Military Police, MOS 15Q AC-Air Traffic Controller, and MOS 12M 
Fire Protection military occupational specialties and not fewer than 
three and not more than five additional''.

SEC. 206. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to affect any other 
Federal law specifying a reporting requirement.

       TITLE III--HONORING PROMISES TO SERVICE-DISABLED VETERANS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Honoring Promises to Service-
Disabled Veterans Act of 2013''.

SEC. 302. TRANSPARENCY IN CONTRACTING GOALS FOR SMALL BUSINESS CONCERNS 
              OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.

    Section 15 of the Small Business Act (15 U.S.C. 644) is amended by 
adding at the end the following:
    ``(s) Transparency in Contracting Goals for Small Business Concerns 
Owned and Controlled by Service-Disabled Veterans.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered contractor' means a 
                contractor that is required to submit a subcontracting 
                plan under section 8(d) to an Executive department;
                    ``(B) the term `Executive department' has the 
                meaning given that term in section 101 of title 5, 
                United States Code; and
                    ``(C) the term `physically completed' has the 
                meaning given that term in section 4.804-4 of the 
                Federal Acquisition Regulation, or any successor 
                thereto.
            ``(2) Reports to administrator.--Not later than 1 year 
        after the date of enactment of this subsection, and annually 
        thereafter, the head of each Executive department shall submit 
        to the Administrator a report that contains--
                    ``(A) the percentage of the total value of all 
                prime contracts awarded by the Executive department to 
                small business concerns owned and controlled by 
                service-disabled veterans during the 1-year period 
                ending on the date of the report;
                    ``(B) the name of each covered contractor to which 
                the Executive department awards a contract;
                    ``(C) for each contract awarded to a covered 
                contractor by the Executive department--
                            ``(i) the percentage goal negotiated under 
                        section 8(d)(6)(A) for the utilization as 
                        subcontractors of small business concerns owned 
                        and controlled by service-disabled veterans; 
                        and
                            ``(ii) if the contract is physically 
                        completed during the 1-year period ending on 
                        the date of the report, the percentage of the 
                        total value of subcontracts entered into by the 
                        covered contractor awarded to small business 
                        concerns owned and controlled by service-
                        disabled veterans;
                    ``(D) the weighted average percentage goal 
                negotiated by each covered contractor under section 
                8(d)(6)(A) for the utilization as subcontractors of 
                small business concerns owned and controlled by 
                service-disabled veterans for all contracts awarded by 
                the Executive department to the covered contractor;
                    ``(E) for all contracts awarded to covered 
                contractors by the Executive department that are 
                physically completed during the 1-year period ending on 
                the date of the report, the percentage of the total 
                value of all subcontracts awarded by covered 
                contractors that were awarded to small business 
                concerns owned and controlled by service-disabled 
                veterans; and
                    ``(F) the dollar amount by which the Executive 
                department exceeded or failed to meet the Government-
                wide goals under subsection (g) for prime contracts and 
                subcontracts awarded to small business concerns owned 
                and controlled by service-disabled veterans.
            ``(3) Rankings.--For the first full fiscal year following 
        the date of enactment of this subsection, and each fiscal year 
        thereafter, the Administrator shall rank--
                    ``(A) the Executive departments, based on--
                            ``(i) the percentage of the total value of 
                        prime contracts awarded by the Executive 
                        departments to small business concerns owned 
                        and controlled by service-disabled veterans; 
                        and
                            ``(ii) the percentage of the total value of 
                        subcontracts awarded by covered contractors 
                        that are awarded contracts by the Executive 
                        departments to small business concerns owned 
                        and controlled by service-disabled veterans; 
                        and
                    ``(B) covered contractors, based on the percentage 
                of the total value of subcontracts awarded by the 
                covered contractors to small business concerns owned 
                and controlled by service-disabled veterans.
            ``(4) Publication.--
                    ``(A) Website.--Except as provided in subparagraph 
                (B), the Administrator shall publish on a website 
                accessible to the public a user-friendly, 
                electronically searchable report containing--
                            ``(i) the information submitted to the 
                        Administrator under paragraph (2); and
                            ``(ii) the rankings made by the 
                        Administrator under paragraph (3).
                    ``(B) Exception for national security.--If the head 
                of an Executive department determines that publication 
                of information contained in a report submitted under 
                paragraph (2) would be detrimental to national 
                security, the Administrator shall not publish the 
                information on the website described in subparagraph 
                (A).
                    ``(C) Updating.--The Administrator shall update the 
                contents of the website described in subparagraph (A) 
                not less frequently than annually.
            ``(5) Reports to congress.--
                    ``(A) Annual report.--The Administrator shall 
                submit to Congress an annual report on the progress of 
                each Executive department toward meeting the 
                Government-wide goals for contracting and 
                subcontracting established under subsection (g).
                    ``(B) Contents.--Each report under this paragraph 
                shall include--
                            ``(i) a statement of whether the website 
                        described in paragraph (4) contains the latest 
                        data reported to the Administrator by the 
                        Executive departments; and
                            ``(ii) a recommendation of a prime 
                        contractor that should be recognized by 
                        Congress for outstanding progress in 
                        contracting with small business concerns owned 
                        and controlled by service-disabled veterans.
            ``(6) Rule of construction.--Nothing in this subsection may 
        be construed to affect any other reporting requirement under 
        Federal law.''.
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