Library / Laws / 113th / s / S. 922 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 922
IN THE SENATE OF THE UNITED STATES
May 9, 2013
Mr. Sanders introduced
the following bill; which was read twice and referred to the
Committee on Veterans'
Affairs
A BILL
To require the Secretary of Labor to carry out a pilot
program on providing wage subsidies to employers who employ certain veterans
and members of the Armed Forces and require the Secretary of Veterans Affairs
to carry out a pilot program on providing career transition services to young
veterans, and for other purposes.
1.
Short
title
This Act may be cited as
the Veterans Equipped for Success Act
of 2013.
2.
Pilot program on
provision of subsidies to employers for employment of certain veterans and
members of the Armed Forces
(a)
In
general
Commencing not later than January 1, 2014, the Secretary
of Labor shall, acting through the Assistant Secretary of Labor for Veterans'
Employment and Training and in collaboration with the Secretary of Veterans
Affairs, carry out a pilot program to assess the feasibility and advisability
of providing subsidies to eligible employers to employ eligible
individuals—
(1) to provide
eligible individuals with valuable work experience;
(2) to increase the
skills of eligible individuals; and
(3) to assist
eligible individuals in obtaining long-term employment.
(b)
Eligible
individual
For purposes of the pilot program, an eligible
individual is an individual who—
(1) is—
(A) a veteran of the
Armed Forces who was discharged or released from service therein under
conditions other than dishonorable; or
(B) a member of a
reserve component of the Armed Forces (including the National Guard)
who—
(i) served on active
duty in the Armed Forces (other than active duty for training) for more than
180 consecutive days during the two-year period ending on the date of
commencement of the participation in the pilot program; and
(ii) is
not serving on active duty on the date of commencement of participation in the
pilot program;
(2) is, at the time
at which the individual applies for participation in the pilot program—
(A) 18 years of age
or more but not more than 34 years of age; or
(B) 55 years of age
or more but not more than 64 years of age;
(3) is not in receipt
of compensation under chapter 11 of title 38, United States Code, by reason of
unemployability;
(4) is not enrolled
on the date of commencement of participation in the pilot program in a Federal
or State job training program; and
(5) is considered by
the Secretary to be unemployed or underemployed.
(c)
Eligible
employer
(1)
In
general
For purposes of the pilot program, an eligible employer
is an employer determined by the Secretary to meet such criteria for
participation in the pilot program as the Secretary shall establish for
purposes of the pilot program, except that an employer may not be determined to
be an eligible employer for that purpose if the employer—
(A) has been
investigated or subject to a case or action by the Federal Trade Commission
during the 180-day period ending on the date the employer would otherwise
commence participation in the pilot program;
(B) has not been in
good standing with a State business bureau during the period described in
subparagraph (A);
(C) is an agency of
the Federal Government or a State or local government;
(D) is delinquent
with respect to payment of any taxes or employer contributions described under
sections 3301 and 3302(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C.
3301 and 3302(a)(1)) or with respect to any related reporting
requirement;
(E) has previously
participated in the pilot program and, as determined by the Secretary, failed
to abide by a requirement of the pilot program;
(F) does not provide
assurances to the Secretary at the time the employer would otherwise commence
participation in the pilot program that the employer will comply under the
pilot program with the requirements for non-displacement of current employees
specified in paragraph (2); or
(G) receives more
than 75 percent of its revenue from the Federal Government or a State or local
government.
(2)
Non-displacement
of current employees
The requirements specified in this paragraph
are the following:
(A) That an employer
shall not use an individual participating in the pilot program to displace any
employee of the employer at the time of commencement of participation in the
pilot program from employment or any employment benefits, including a partial
displacement (such as a reduction in the hours of non-overtime work, wages, or
employment benefits).
(B) That an employer
shall not permit an individual participating in the pilot program to perform
work activities related to any job for which—
(i) any
other individual is on layoff from the same or any substantially equivalent
position; or
(ii) the employer has
terminated the employment of any employee or otherwise reduced the workforce of
the employer with the intention of filling or partially filling the vacancy so
created with the work activities to be performed by the individual
participating in the pilot program.
(C) That an employer
shall not create a job for an individual participating in the pilot program in
a manner that will infringe in any way upon the opportunities for promotion of
individuals employed by the employer on the date of the employer's commencement
of participation in the pilot program.
(D) That—
(i) an
employer shall not, by means of assigning work activities under the pilot
program, impair an existing contract for services or a collective bargaining
agreement; and
(ii) work activities
that would be inconsistent with the terms of a collective bargaining agreement
shall not be undertaken by an individual participating in the pilot program
without the written concurrence of the labor organization that is signatory to
the collective bargaining agreement.
(d)
Duration and
number of participants
(1)
Duration
The
Secretary shall carry out the pilot program during the three-year period
beginning on the date of the commencement of the pilot program.
(2)
Number of
participants
Not more than 50,000 eligible individuals may
concurrently participate in the pilot program.
(e)
Locations
(1)
In
general
The Secretary shall carry out the pilot program in four
locations selected by the Secretary for purposes of the pilot program from
among areas with populations the Secretary determines have high concentrations
of veterans.
(2)
Consultation
with Secretary of Veterans Affairs
In selecting locations under
paragraph (1), the Secretary of Labor may consult with the Secretary of
Veterans Affairs, particularly with respect to determining which areas have
populations with high concentrations of veterans.
(f)
Subsidies
(1)
In
general
For each eligible employer approved by the Secretary to
participate in the pilot program who employs on a full-time basis an eligible
individual approved by the Secretary to participate in the pilot program, the
Secretary shall provide a subsidy for the employment of such eligible
individual by such eligible employer during such period as—
(A) the eligible
individual is employed by the eligible employer;
(B) the eligible
individual is participating in the pilot program; and
(C) the eligible
employer is participating in the pilot program.
(2)
Amount
(A)
In
general
Except as provided in subparagraph (B), a subsidy
provided by the Secretary under the pilot program to an eligible employer for
the employment of an eligible individual shall be an amount equal to—
(i) except as
provided in clause (ii), 60 percent of the basic pay provided by the eligible
employer under the pilot program to the eligible individual; and
(ii) in
the case in which the eligible employer provides employment that includes an
apprenticeship (which must be approved for purposes of the pilot program not
later than two years after the date of the commencement of the pilot program),
75 percent of the basic pay provided by the eligible employer under the pilot
program to the eligible individual.
(B)
Maximum
amount
Except as provided in subparagraph (D), the aggregate
amount of subsidy provided under the pilot program to an eligible employer for
the employment of an eligible individual may not exceed—
(i) except as
provided in clause (ii), $11,000; or
(ii) in
the case described in subparagraph (A)(ii), $14,000.
(C)
Disbursement of
payments
(i)
Payments on
quarterly basis
Except as provided in clause (ii), subsidies paid
to an eligible employer under subparagraph (A) shall be paid to the eligible
employer on a quarterly basis.
(ii)
Payments on
monthly basis
In order to relieve financial burden on an eligible
employer participating in the pilot program whom the Secretary determines has
few employees, the Secretary may pay subsidies under subparagraph (A) to such
employer on a monthly basis as the Secretary considers appropriate.
(D)
Additional
hiring incentive
If an eligible employer who received a subsidy
under the pilot program for the employment of an eligible individual hires such
eligible individual on a full-time basis following the completion of the
participation of such eligible individual in the pilot program, the Secretary
shall pay such eligible employer an additional amount equal to 10 percent of
the aggregate amount of subsidy paid to the eligible employer under
subparagraph (A) during the last six months of such eligible individual's
employment with such eligible employer while participating in the pilot
program. Any amount paid under this subparagraph shall not apply against the
aggregate maximum amount specified in subparagraph (B).
(E)
Apprenticeships
The
Secretary may establish guidelines or criteria for the approval or disapproval
of apprenticeships for purposes of the pilot program.
(3)
Duration
A
subsidy provided to an eligible employer to employ an eligible individual under
the pilot program shall be for the lesser of—
(A) a period of one
year; and
(B) the duration of
such eligible individual's employment with the eligible employer.
(4)
Consideration
concerning receipt of concurrent subsidies
In the case of an
eligible employer who is already receiving one or more subsidies under the
pilot program for the employment of one or more eligible individuals, when
determining whether to provide an additional subsidy to such employer to employ
an additional eligible individual, the Secretary may take into consideration,
if after hiring such additional eligible individual, the number of eligible
individuals for whom the employer is receiving a subsidy under the pilot
program would constitute more than 10 percent of the workforce of the eligible
employer.
(5)
Minimum
wage
No eligible employer may receive a subsidy under the pilot
program for the employment of an eligible individual if the rate of pay for
such employment is less than the greater of the rate specified in section
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
rate specified in the applicable State minimum wage law.
(6)
Sense of
Congress on exclusion of certain employment
It is the sense of
Congress that an employer should not be provided a subsidy under the pilot
program for employment of an eligible individual in a position under a
contract, grant, or cooperative agreement with the Federal Government or a
State or local government that involves functions that are so inherently
governmental that the position would not provide the eligible individual with
experience, training, or skills necessary for employment in the private sector
in a position not involving such functions.
(g)
Participation
(1)
Application
(A)
In
general
An eligible employer or an eligible individual seeking to
participate in the pilot program shall submit to the Secretary an application
therefor at such time and in such manner as the Secretary shall specify.
(B)
Elements
Except
as provided in subparagraph (C), each application submitted under subparagraph
(A) shall contain such information as the Secretary may specify.
(C)
Requirements of
eligible employers
An application submitted by an eligible
employer under subparagraph (A) shall include assurance that the eligible
employer will comply with the requirements for non-displacement of current
employees specified in subsection (c)(2) under the pilot program.
(2)
Selection
(A)
In
general
The Secretary shall review each application submitted by
an applicant under paragraph (1) and approve or disapprove the applicant for
participation in the pilot program.
(B)
Employer
selection considerations
In approving or disapproving an eligible
employer for participation in the pilot program, the Secretary may consider
past performance of the eligible employer with respect to the following:
(i) Job
training, basic skills training, and related activities.
(ii) Fiscal
accountability.
(iii) Demonstration
of a high potential for growth and long-term job creation.
(C)
Considerations
concerning selection of for-profit and not-for-profit
employers
The Secretary may consider approving both for-profit
and not-for-profit employers who are eligible employers for participation in
the pilot program.
(D)
Considerations
concerning participation of small business concerns
In selecting
eligible employers for participation in the pilot program, the Secretary may
consider the extent to which small business concerns are afforded opportunities
to participate in the pilot program.
(3)
Early
termination or separation of eligible individual participants by
Secretary
If the Secretary determines that an eligible individual
participating in the pilot program is not making satisfactory attendance in
employment, or has been removed from placement for misconduct, the Secretary
may terminate such eligible individual's status as a participant in the pilot
program and bar such eligible individual from further participation in the
pilot program.
(4)
Employment
status
(A)
Compensation
for work injuries
An eligible individual employed by an eligible
employer who receives a subsidy for such employment under the pilot program
shall be deemed, during the period of such subsidy, an employee of the United
States for the purposes of the benefits of chapter 81 of title 5, United States
Code, but not for the purposes of laws administered by the Office of Personnel
Management.
(B)
Health
benefits
For purposes of the Patient Protection and Affordable
Care Act (Public Law 111–148), an eligible individual employed by an eligible
employer shall be considered an employee of the Department of Labor and not the
eligible employer during such period as the eligible employer receives a
subsidy under the pilot program for the employment of such eligible
individual.
(h)
Transportation
support for participating eligible individuals
In accordance with
criteria established by the Secretary for purposes of the pilot program, the
Secretary may pay an allowance based upon mileage, of any eligible individual
whose employment is subsidized under the pilot program not in excess of 75
miles to or from a facility of the eligible employer or other place in
connection with such employment.
(i)
Grants to
eligible entities
(1)
In
general
The Secretary may award grants to not more than four
eligible entities to assist the Secretary in carrying out the pilot
program.
(2)
Eligible entities
For purposes of the pilot program, an
eligible entity is a nonprofit organization.
(3)
Considerations
In
awarding grants under this subsection, the Secretary may consider whether an
eligible entity—
(A) has an
understanding of the unemployment problems of eligible individuals and members
of the Armed Forces transitioning from service in the Armed Forces to civilian
life;
(B) is familiar with
a location selected under subsection (e) and has an understanding of employment
in such location and employment assistance available to eligible individuals in
such location; and
(C) has the
capability to assist the Secretary in administering effectively the pilot
program and provide employment assistance to eligible individuals.
(4)
Use of
funds
Amounts received by a recipient of a grant under this
subsection may be used as follows:
(A) To assist the
Secretary in carrying out the pilot program.
(B) To recruit
eligible employers and eligible individuals to participate in the pilot
program.
(C) To coordinate and
implement job placement and other employer outreach activities in connection
with the pilot program.
(D) To carry out such
other activities as the Secretary considers appropriate for purposes of the
pilot program.
(j)
Additional
pilot program requirements
Under the pilot program, the Secretary
shall—
(1) develop an
objective assessment process that will identify the work experience, skill
levels, and interests of eligible individuals participating in the pilot
program;
(2) ensure that
employment and counseling services are available to eligible individuals
participating in the pilot program, including by connecting eligible
individuals with services available to the eligible individuals through State
or local employment service or other public agencies;
(3) develop and
implement procedures for evaluating job placement and employment of eligible
individuals participating in the pilot program; and
(4) carry out such
other activities as the Secretary considers appropriate for purposes of the
pilot program.
(k)
Outreach
The
Secretary of Labor and the Secretary of Veterans Affairs shall jointly conduct
a program of outreach to inform eligible employers and eligible individuals
about the pilot program and the benefits of participating in the pilot
program.
(l)
Minimization of
administrative burden on participating employers
The Secretary of
Labor shall take such measures as may be necessary to minimize administrative
burdens incurred by eligible employers in participating in the pilot
program.
(m)
Reports
(1)
In
general
Not later than 45 days after the completion of the first
year of the pilot program and not later than 180 days after the completion of
the second and third years of the pilot program, the Secretary shall submit to
Congress a report on the pilot program.
(2)
Contents
Each
report submitted under paragraph (1) shall include the following:
(A) An evaluation of
the pilot program.
(B) The number and
characteristics of individuals participating in the pilot program.
(C) The number and
characteristics of employers participating in the pilot program.
(D) The number and
types of positions of employment in which eligible individuals were placed
under the pilot program.
(E) The number of
individuals who obtained long-term full-time employment positions as a result
of the pilot program, the hourly wage and nature of such employment, and if
available, whether such individuals were still employed in such positions three
months after obtaining such positions.
(F) A description of
the outreach activities undertaken to raise awareness of the pilot program by
potential eligible individuals and eligible employers, and an assessment of the
effectiveness of such activities.
(G) An assessment of
the feasibility and advisability of providing subsidies to eligible employers
to employ eligible individuals.
(H) An assessment of
the effect of the pilot program on earnings of eligible individuals and the
employment of eligible individuals.
(I) Such
recommendations for legislative and administrative action as the Secretary
considers appropriate to improve the pilot program, to expand the pilot
program, or to improve the employment of eligible individuals.
(n)
Relation to
other Federal assistance
Notwithstanding any other provision of
law, wages received by an individual that are subsidized under the pilot
program may not be used in any calculation to determine the eligibility of such
individual for any Federal program for the purpose of obtaining child care
assistance.
(o)
Funding
limitations
(1)
Wage
subsidies
Not less than 95 percent of amounts appropriated or
otherwise made available for the pilot program shall be used to provide
subsidies under subsection (f).
(2)
Administration
Not
more than 5 percent of amounts appropriated or otherwise made available for the
pilot program may be used to administer the pilot program.
(p)
Coordination
with work opportunity tax credit
Section 51 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subsection:
(j)
Coordination
with pilot program on provision of subsidies to employers for employment of
certain veterans and members of Armed Forces
No credit shall be
allowed under subsection (a) with respect to any wages paid to a qualified
veteran if the taxpayer has received a subsidy under section 2(f) of the
Veterans Equipped for Success Act of
2013 with respect to such qualified
veteran.
.
(q)
Definitions
In
this section:
(1)
Apprenticeship
The
term apprenticeship means a program of apprenticeship approved by
the Office of Apprenticeship of the Department of Labor or a State
apprenticeship as meeting the standards of apprenticeship published by the
Secretary of Labor pursuant to section 2 of the Act of August 16, 1937
(popularly known as the National Apprenticeship Act) (29 U.S.C.
50a).
(2)
Full-time
basis
The term full-time basis, with respect to
employment, means employment of a minimum of 30 hours a week.
(3)
Small business
concern
The term small business concern has the
meaning given that term under section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
3.
Pilot program on
provision of career transition services to young veterans
(a)
In
general
Commencing not later than January 1, 2014, the Secretary
of Veterans Affairs shall, in collaboration with the Secretary of Labor, carry
out a pilot program to assess the feasibility and advisability of establishing
a program to provide career transition services to eligible individuals—
(1) to provide
eligible individuals with work experience in the civilian sector;
(2) to increase the
marketable skills of eligible individuals;
(3) to assist
eligible individuals in obtaining long-term employment; and
(4) to assist in
integrating eligible individuals into their local communities.
(b)
Eligible
individuals
For purposes of the pilot program, an eligible
individual is an individual who—
(1) is—
(A) a veteran of the
Armed Forces who was discharged or released from service therein under
conditions other than dishonorable; or
(B) a member of a
reserve component of the Armed Forces (including the National Guard)
who—
(i) served on active
duty in the Armed Forces (other than active duty for training) for more than
180 consecutive days during the two-year period ending on the date of the
commencement of the individual's participation in the pilot program; and
(ii) is
not serving on active duty on the date of the commencement of the individual's
participation in the pilot program;
(2) is unemployed or
underemployed, as determined by the Secretary; and
(3) is, at the time
at which the individual applies for participation in the pilot program, 18
years of age or older, but not more than 30 years of age.
(c)
Duration and
number of participants
(1)
Duration
The
Secretary shall carry out the pilot program during the three-year period
beginning on the date of the commencement of the pilot program.
(2)
Number of
participants
Not more than 50,000 eligible individuals may
concurrently participate in the pilot program.
(d)
Locations
(1)
In
general
The pilot program shall be carried out in four locations
selected by the Secretary for purposes of the pilot program and in accordance
with the provisions of this subsection.
(2)
Consideration
of areas of high concentrations of young eligible individuals
In
selecting locations under paragraph (1), the Secretary shall consider areas
with populations the Secretary determines have high concentrations of eligible
individuals, particularly those with high concentrations of eligible
individuals who are age 25 or younger.
(e)
Career
transition services
For purposes of the pilot program, career
transition services are the following:
(1) Internships under
subsection (f).
(2) Mentorship and
job-shadowing under subsection (g).
(3) Volunteer
opportunities under subsection (h).
(4) Professional
skill workshops under subsection (i).
(5) Skills assessment
under subsection (j).
(6) Additional
services under subsection (k).
(f)
Internships
(1)
In
general
For each eligible individual whom the Secretary approves
for participation in the pilot program, the Secretary shall attempt to place
such eligible individual in an internship on a full-time basis with an eligible
employer whom the Secretary has approved for participation in the pilot
program.
(2)
Eligible
employer
For purposes of the pilot program, an eligible employer
is an employer determined by the Secretary to meet such criteria for
participation in the pilot program as the Secretary shall establish for
purposes of the pilot program, except that an employer may not be determined to
be an eligible employer for that purpose if the employer—
(A) has been
investigated or subject to a case or action by the Federal Trade Commission
during the 180-day period ending on the date the employer would otherwise
commence participation in the pilot program;
(B) has not been in
good standing with a State business bureau during the period described in
subparagraph (A);
(C) is an agency of
the Federal Government or a State or local government;
(D) is delinquent
with respect to payment of any taxes or employer contributions described under
sections 3301 and 3302(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C.
3301 and 3302(a)(1)) or with respect to any related reporting
requirement;
(E) has previously
participated in the pilot program and, as determined by the Secretary, failed
to abide by a requirement of the pilot program; or
(F) receives more
than 75 percent of its revenue from the Federal Government or a State or local
government.
(3)
Duration
Each
internship under the pilot program shall be for a period of one year.
(4)
Wages
(A)
In
general
Except as provided in subparagraph (B), the Secretary
shall furnish pay to each eligible individual participating in an internship
under the pilot program for the duration of such participation at a rate equal
to the greater of—
(i) the
rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the rate specified in the applicable State minimum wage
law; and
(ii) if
the eligible individual was receiving unemployment compensation before being
placed in the internship, the rate of such unemployment compensation.
(B)
Maximum
amount
An eligible individual may not receive an aggregate amount
of more than $30,000 in pay from the Secretary under this paragraph.
(5)
Employment
status
(A)
Compensation
for work injuries
An eligible individual placed in an internship
with an eligible employer under the pilot program shall be deemed, during the
period of such internship under the pilot program, an employee of the United
States for the purposes of the benefits of chapter 81 of title 5, United States
Code, but not for the purposes of laws administered by the Office of Personnel
Management.
(B)
Health
benefits
For purposes of the Patient Protection and Affordable
Care Act (Public Law 111–148), an eligible individual placed in an internship
with an eligible employer under the pilot program shall be considered an
employee of the Department of Veterans Affairs and not the eligible employer
during the period of such internship under the pilot program.
(6)
Relation to
other Federal assistance
Notwithstanding any other provision of
law, pay received by an individual under this subsection may not be used in any
calculation to determine the eligibility of such individual for any Federal
program for the purpose of obtaining child care assistance.
(7)
Limit on number
of intern placements
In the case of an eligible employer at which
one or more eligible individuals have been placed for an internship under the
pilot program, the Secretary may consider, in determining whether to place an
additional eligible individual at such employer for an internship under the
pilot program, whether if after such additional placement, the number of
eligible individuals placed in internships at such employer under the pilot
program would constitute more than 10 percent of the eligible employer's
workforce. For purposes of the previous sentence, being an intern under the
pilot program placed at the eligible employer shall be considered part of the
employer's workforce.
(g)
Mentorship and
job-Shadowing
(1)
In
general
As a condition of an eligible employer's participation in
the pilot program and the placement of an eligible individual in an internship
at the eligible employer, the eligible employer shall provide each eligible
individual placed in an internship at the eligible employer under the pilot
program with at least one mentor who is an employee of the eligible
employer.
(2)
Job-shadowing
and career counseling
To the extent practicable, a mentor
assigned to an eligible individual participating in the pilot program shall
provide such eligible individual with job shadowing and career
counseling.
(h)
Volunteer
opportunities
(1)
In
general
As a condition on participation in the pilot program,
each eligible individual who participates in the pilot program shall, not less
frequently than once each month in which the eligible individual participates
in the pilot program, engage in a qualifying volunteer activity in accordance
with guidelines the Secretary shall establish.
(2)
Qualifying
volunteer activities
For purposes of this subsection, a
qualifying volunteer activity is any activity the Secretary considers related
to providing assistance to, or for the benefit of, a veteran. Such activities
may include the following:
(A) Outreach.
(B) Assisting an
organization recognized by the Secretary for the representation of veterans
under section 5902 of title 38, United States Code, on a volunteer
basis.
(C) Service
benefitting a veteran in a State home or a Department of Veterans Affairs
medical facility.
(D) Service
benefitting a veteran at an institution of higher education.
(i)
Professional
skills workshops
(1)
In
general
The Secretary shall provide eligible individuals
participating in the pilot program with workshops for the development and
improvement of the professional skills of such eligible individuals.
(2)
Tailored
The
workshops provided by the Secretary shall be tailored to meet the particular
needs of eligible individuals participating in the pilot program as determined
under subsection (j).
(3)
Topics
The
workshops provided to eligible individuals participating in the pilot program
may include workshops for the development of such professional skills as the
Secretary considers appropriate, which may include the following:
(A) Written and oral
communication skills.
(B) Basic word
processing and other computer skills.
(C) Interpersonal
skills.
(4)
Manner of
presentation
Workshops on particular topics shall be provided
through such means as may be appropriate, effective, and approved of by the
Secretary for purposes of the pilot program. Such means may include use of
electronic communication.
(5)
Assessments
The
Secretary shall conduct an assessment of a participant in a workshop conducted
under this subsection to assess the participant’s knowledge acquired as a
result of participating in the workshop.
(j)
Skills
assessment
(1)
In
general
Under the pilot program, the Secretary shall develop and
implement an objective assessment of eligible individuals participating in the
pilot program to assist in the placement of such individuals in internships
under subsection (f) and to assist in the tailoring of workshops under
subsection (i).
(2)
Elements
The
assessment may include an assessment of the skill levels and service needs of
each participant, which may include a review of basic professional entry-level
skills, prior work experience, employability, and the individual's
interests.
(k)
Additional
services
(1)
In
general
Except as provided in paragraph (2), the Secretary shall,
under the pilot program, furnish the following services to an eligible
individual participating in the pilot program when assessment under subsection
(j) indicates such services are appropriate:
(A) Counseling, such
as job counseling and career counseling.
(B) Job search
assistance.
(C) Follow-up
services with participants that are offered unsubsidized employment by the
employer with whom they were assigned.
(D) Transportation,
as described in paragraph (2).
(2)
Referrals
In
lieu of furnishing a service to an eligible individual under paragraph (1), the
Secretary may refer such eligible individual to another Federal, State, or
local government program that provides such service.
(3)
Transportation
In
accordance with criteria established by the Secretary for purposes of the pilot
program, the Secretary may pay an allowance based upon mileage, of any eligible
individual placed in an internship under the pilot program not in excess of 75
miles to or from a facility of the eligible employer or other place in
connection with such internship.
(l)
Participation
(1)
Application
(A)
In
general
An eligible employer, eligible individual, or member of
the Armed Forces described in subparagraph (B) seeking to participate in the
pilot program shall submit to the Secretary of Veterans Affairs an application
therefor at such time, in such manner, and containing such information as the
Secretary shall specify.
(B)
Members of
Armed Forces
A member of the Armed Forces described in this
subparagraph is a member of the Armed Forces who—
(i) is
expected, within 180 days, to be discharged or released from service in the
active military, naval, or air service under conditions other than
dishonorable; and
(ii) has not accepted
an offer of employment that would begin after such discharge or release.
(2)
Selection
(A)
In
general
The Secretary shall review each application submitted by
an applicant under paragraph (1) and approve or disapprove the applicant for
participation in the pilot program.
(B)
Consideration
of employer performance
In approving or disapproving an eligible
employer for participation in the pilot program, the Secretary may consider
past performance of the eligible employer with respect to the following:
(i) Job
training, basic skills training, and related activities.
(ii) Fiscal
accountability.
(iii) Demonstration
of a high potential for growth and long-term job creation.
(C)
Considerations
concerning selection of for-profit and not-for-profit
employers
The Secretary may consider approving both for-profit
and not-for-profit employers who are eligible employers for placement of
interns under the pilot program.
(D)
Considerations
concerning participation of small business concerns
In selecting
eligible employers for participation in the pilot program, the Secretary may
consider the extent to which small business concerns are afforded opportunities
to participate in the pilot program.
(m)
Grants
(1)
In
general
The Secretary may award grants to not more than four
eligible entities to assist the Secretary in carrying out the pilot
program.
(2)
Eligible entities
For purposes of the pilot program, an
eligible entity is a nonprofit organization.
(3)
Considerations
In
awarding grants under this subsection, the Secretary may consider whether an
eligible entity—
(A) has an
understanding of the unemployment problems of eligible individuals and members
of the Armed Forces transitioning from service in the Armed Forces to civilian
life;
(B) is familiar with
one or more locations selected under subsection (d); and
(C) has the
capability to assist the Secretary in administering effectively the pilot
program and providing career transition services to eligible
individuals.
(4)
Use of
funds
Amounts received by a recipient of a grant under this
subsection may be used as the Secretary considers appropriate for purposes of
the pilot program, including as follows:
(A) To assist the
Secretary in carrying out the pilot program.
(B) To recruit
eligible employers and eligible individuals to participate in the pilot
program.
(C) To match eligible
individuals participating in the pilot program with internship opportunities at
eligible employers participating in the pilot program.
(D) To coordinate and
carry out job placement and other employer outreach activities.
(n)
Outreach
The
Secretary of Veterans Affairs and the Secretary of Labor shall jointly carry
out a program of outreach to inform eligible employers and eligible individuals
about the pilot program and the benefits of participating in the pilot
program.
(o)
Awards for
outstanding contributions to pilot program
(1)
In
general
Each year of the pilot program, the Secretary of Veterans
Affairs may recognize one or more eligible employers or one or more eligible
individuals participating in the pilot program for demonstrating outstanding
achievement in carrying out or in contributing to the success of the pilot
program.
(2)
Criteria
The
Secretary shall establish such selection procedures and criteria as the
Secretary considers appropriate for the award of recognition under this
subsection.
(p)
Minimization of
administrative burden on participating employers
The Secretary
shall take such measures as may be necessary to minimize administrative burdens
incurred by eligible employers due to participation in the pilot
program.
(q)
Reports
(1)
In
general
Not later than 45 days after the completion of the first
year of the pilot program and not later than 180 days after the completion of
the second and third years of the pilot program, the Secretary shall submit to
Congress a report on the pilot program.
(2)
Contents
Each
report submitted under paragraph (1) shall include the following:
(A) An evaluation of
the pilot program.
(B) The number and
characteristics of participants in the pilot program.
(C) The number and
types of internships in which eligible individuals were placed under the pilot
program.
(D) The number of
individuals who obtained long-term full-time unsubsidized employment positions
as a result of the pilot program, the hourly wage and nature of such
employment, and if available, whether such individuals were still employed in
such positions three months after obtaining such positions.
(E) An assessment of
the feasibility and advisability of providing career transition services to
eligible individuals.
(F) An assessment of
the effect of the pilot program on earnings of eligible individuals and the
employment of eligible individuals.
(G) Such
recommendations for legislative and administrative action as the Secretary may
have to improve the pilot program, to expand the pilot program, or to improve
the employment of eligible individuals.
(r)
Funding
limitations
(1)
Wages for
internships
Not less than 95 percent of amounts appropriated or
otherwise made available for the pilot program shall be used to provide pay
under subsection (f)(4).
(2)
Administration
Not
more than 5 percent of amounts appropriated or otherwise made available for the
pilot program may be used to administer the pilot program.
(s)
Definitions
In
this section:
(1)
Active duty,
active military, naval, or air service, reserve component, and
veteran
The terms active duty, active
military, naval, or air service, reserve component, and
veteran have the meanings given such terms in section 101 of title
38, United States Code.
(2)
Full-time
basis
The term full-time basis, with respect to an
internship, means participation in the internship of not fewer than 30 hours
per week and not more than 40 hours per week.
(3)
Small business
concern
The term small business concern has the
meaning given that term under section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
(4)
Unemployment
compensation
The term unemployment compensation
means regular compensation (as defined in section 205 of the Federal-State
Extended Unemployment Compensation Act of 1970), compensation under the
Federal-State Extended Compensation Act of 1970, and compensation under the
emergency unemployment compensation program under title IV of the Supplemental
Appropriations Act, 2008.