[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 438

 To encourage effective, voluntary investments to recruit, employ, and 
retain men and women who have served in the United States military with 
 annual Federal awards to employers recognizing such efforts, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 17 (legislative day, February 16), 2017

Mr. Blunt (for himself and Mr. Manchin) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To encourage effective, voluntary investments to recruit, employ, and 
retain men and women who have served in the United States military with 
 annual Federal awards to employers recognizing such efforts, 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.

    This Act may be cited as the ``Honoring Investments in Recruiting 
and Employing American Military Veterans Act of 2017'' or the ``HIRE 
Vets Act''.

SEC. 2. HIRE VETS MEDALLION AWARD PROGRAM.

    (a) Program Established.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Labor shall establish, by rule, 
a HIRE Vets Medallion Program to solicit voluntary information from 
employers for purposes of recognizing, by means of an award to be 
designated a ``HIRE Vets Medallion Award'', verified efforts by such 
employers--
            (1) to recruit, employ, and retain veterans; and
            (2) to provide community and charitable services supporting 
        the veteran community.
    (b) Application Process.--Beginning in the calendar year following 
the calendar year in which the Secretary establishes the program, the 
Secretary shall annually--
            (1) solicit and accept voluntary applications from 
        employers in order to consider whether those employers should 
        receive a HIRE Vets Medallion Award;
            (2) review applications received in each calendar year;
            (3) notify such recipients of their awards; and
            (4) at a time to coincide with the annual commemoration of 
        Veterans Day--
                    (A) announce the names of such recipients;
                    (B) recognize such recipients through publication 
                in the Federal Register; and
                    (C) issue to each such recipient--
                            (i) a HIRE Vets Medallion Award of the 
                        level determined under section 3; and
                            (ii) a certificate stating that such 
                        employer is entitled to display such HIRE Vets 
                        Medallion Award.
    (c) Timing.--
            (1) Solicitation period.--The Secretary shall solicit 
        applications not later than January 31st of each calendar year 
        for the Awards to be awarded in November of that calendar year.
            (2) End of acceptance period.--The Secretary shall stop 
        accepting applications not earlier than April 30th of each 
        calendar year for the Awards to be awarded in November of that 
        calendar year.
            (3) Review period.--The Secretary shall finish reviewing 
        applications not later than August 31st of each calendar year 
        for the Awards to be awarded in November of that calendar year.
            (4) Selection of recipients.--The Secretary shall select 
        the employers to receive HIRE Vets Medallion Awards not later 
        than September 30th of each calendar year for the Awards to be 
        awarded in November of that calendar year.
            (5) Notice to recipients.--The Secretary shall notify 
        employers who will receive HIRE Vets Medallion Awards not later 
        than October 11th of each calendar year for the Awards to be 
        awarded in November of that calendar year.
    (d) Limitation.--An employer who receives a HIRE Vets Medallion 
Award for one calendar year is not eligible to receive a HIRE Vets 
Medallion Award for the subsequent calendar year.

SEC. 3. SELECTION OF RECIPIENTS.

    (a) Application Review Process.--
            (1) In general.--The Secretary shall review all 
        applications received in a calendar year to determine whether 
        an employer should receive a HIRE Vets Medallion Award, and, if 
        so, of what level.
            (2) Application contents.--The Secretary shall require that 
        all applications provide information on the programs and other 
        efforts of applicant employers during the calendar year prior 
        to that in which the medallion is to be awarded, including the 
        categories and activities governing the level of award for 
        which the applicant is eligible under subsection (b).
            (3) Verification.--The Secretary shall verify all 
        information provided in the applications, to the extent that 
        such information is relevant in determining whether or not an 
        employer should receive a HIRE Vets Medallion Award or in 
        determining the appropriate level of HIRE Vets Medallion Award 
        for that employer to receive, including by requiring the chief 
        executive officer or the chief human relations officer of the 
        employer to attest under penalty of perjury that the employer 
        has met the criteria described in subsection (b) for a 
        particular level of Award.
    (b) Awards.--
            (1) Large employers.--
                    (A) In general.--The Secretary shall establish 2 
                levels of HIRE Vets Medallion Awards to be awarded to 
                employers employing 500 or more employees, to be 
                designated the ``Gold HIRE Vets Medallion Award'' and 
                the ``Platinum HIRE Vets Medallion Award''.
                    (B) Gold hire vets medallion award.--No employer 
                shall be eligible to receive a Gold HIRE Vets Medallion 
                Award in a given calendar year unless--
                            (i) veterans constitute not less than 7 
                        percent of all employees hired by such employer 
                        during the prior calendar year;
                            (ii) such employer has retained not less 
                        than 75 percent of the veteran employees hired 
                        during the calendar year preceding the 
                        preceding calendar year for a period of at 
                        least 12 months from the date on which the 
                        employees were hired;
                            (iii) such employer has established an 
                        employee veteran organization or resource group 
                        to assist new veteran employees with 
                        integration, including coaching and mentoring; 
                        and
                            (iv) such employer has established programs 
                        to enhance the leadership skills of veteran 
                        employees during their employment.
                    (C) Platinum hire vets medallion award.--No 
                employer shall be eligible to receive a Platinum HIRE 
                Vets Medallion Award in a given calendar year unless--
                            (i) the employer meets all the requirements 
                        for eligibility for a Gold HIRE Vets Medallion 
                        Award under subparagraph (B);
                            (ii) veterans constitute not less than 10 
                        percent of all employees hired by such employer 
                        during the prior calendar year;
                            (iii) such employer has retained not less 
                        than 85 percent of the veteran employees hired 
                        during the calendar year preceding the 
                        preceding calendar year for a period of at 
                        least 12 months from the date on which the 
                        employees were hired;
                            (iv) such employer employs dedicated human 
                        resources professionals to support hiring and 
                        retention of veteran employees, including 
                        efforts focused on veteran hiring and training;
                            (v) such employer provides each of its 
                        employees serving on active duty in the United 
                        States National Guard or Reserve with 
                        compensation sufficient, in combination with 
                        the employee's active duty pay, to achieve a 
                        combined level of income commensurate with the 
                        employee's salary prior to undertaking active 
                        duty; and
                            (vi) such employer has a tuition assistance 
                        program to support veteran employees' 
                        attendance in postsecondary education during 
                        the term of their employment.
                    (D) Exemption for smaller employers.--An employer 
                shall be deemed to meet the requirements of 
                subparagraph (C)(iv) if such employer--
                            (i) employs 5,000 or fewer employees; and
                            (ii) employs at least one human resources 
                        professional whose regular work duties include 
                        those described under subparagraph (C)(iv).
                    (E) Additional criteria.--The Secretary may 
                provide, by rule, additional criteria with which to 
                determine qualifications for receipt of each level of 
                HIRE Vets Medallion Award.
            (2) Small- and medium-sized employers.--The Secretary shall 
        establish similar awards in order to recognize achievements in 
        supporting veterans by--
                    (A) employers with 50 or fewer employees; and
                    (B) employers with more than 50 but fewer than 500 
                employees.
    (c) Design by Secretary.--The Secretary shall establish the shape, 
form, and design of each HIRE Vets Medallion Award, except that the 
Award shall be in the form of a certificate and shall state the year 
for which it was awarded.

SEC. 4. DISPLAY OF AWARD.

    (a) In General.--The recipient of a HIRE Vets Medallion Award may--
            (1) publicly display such Award through the end of the 
        calendar year following receipt of such Award; and
            (2) publicly display the HIRE Vets Medallion Award 
        Certificate issued in conjunction with such Award.
    (b) Unlawful Display Prohibited.--It is unlawful for any employer 
to publicly display a HIRE Vets Medallion Award, in connection with, or 
as a part of, any advertisement, solicitation, business activity, or 
product--
            (1) for the purpose of conveying, or in a manner reasonably 
        calculated to convey, a false impression that the employer 
        received the Award through the HIRE Vets Medallion Award 
        Program, if such employer did not receive such Award through 
        the HIRE Vets Medallion Award Program; or
            (2) for the purpose of conveying, or in a manner reasonably 
        calculated to convey, a false impression that the employer 
        received the Award through the HIRE Vets Medallion Award 
        Program for a year for which such employer did not receive such 
        Award.

SEC. 5. APPLICATION FEE AND FUNDING.

    (a) Fund Established.--There is established in the Treasury of the 
United States a fund to be designated the ``HIRE Vets Medallion Award 
Fund''. Amounts appropriated to the fund pursuant to subsection (c) 
shall remain available until expended.
    (b) Fee Authorized.--The Secretary may assess a reasonable fee on 
employers that apply for receipt of a HIRE Vets Medallion Award and the 
Secretary shall deposit such fees into the HIRE Vets Medallion Award 
Fund. The Secretary shall establish the amount of the fee such that the 
amounts collected as fees and deposited into the Fund are sufficient to 
cover the costs associated with carrying out this Act.
    (c) Use of Funds.--Amounts in the HIRE Vets Medallion Award Fund 
shall be available, subject to appropriation, to the Secretary to carry 
out the HIRE Vets Medallion Award Program.

SEC. 6. INITIAL IMPLEMENTATION.

    The HIRE Vets Medallion Program shall begin to solicit applications 
on January 31 of the year that is 2 fiscal years after the fiscal year 
during which funds are first appropriated to carry out this Act.

SEC. 7. REPORT TO CONGRESS.

    (a) Reports.--Beginning not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to Congress annual 
reports on--
            (1) the fees collected from applicants for HIRE Vets 
        Medallion Awards in the prior year and any changes in fees to 
        be proposed in the present year;
            (2) the cost of administering the HIRE Vets Medallion Award 
        Program in the prior year;
            (3) the number of applications for HIRE Vets Medallion 
        Awards received in the prior year; and
            (4) the HIRE Vets Medallion Awards awarded in the prior 
        year, including the name of each employer to whom a HIRE Vets 
        Medallion Award was awarded and the level of medallion awarded 
        to each such employer.
    (b) Committees.--The Secretary shall provide the reports required 
under subsection (a) to the Chairman and Ranking Member of--
            (1) the Committees on Education and the Workforce and 
        Veterans' Affairs of the House of Representatives; and
            (2) the Committees on Health, Education, Labor, and 
        Pensions and Veterans' Affairs of the Senate.

SEC. 8. DEFINITIONS.

    In this Act:
     (a) The term ``employer'' means any person, institution, 
organization, or other entity that pays salary or wages for work 
performed or that has control over employee opportunities, except that 
such term does not include--
            (1) the Federal Government; or
            (2) any State government, as defined in such section.
    (b) The term ``Secretary'' means the Secretary of Labor.
    (c) The term ``veteran'' has the meaning given such term under 
section 101 of title 38, United States Code.
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