Sec. 421. Program on provision of career transition services to young veterans
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Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, carry out a program to assess the feasibility and advisability of establishing a program to provide career transition services to eligible individuals— to provide eligible individuals with work experience in the civilian sector; to increase the marketable skills of eligible individuals; to assist eligible individuals in obtaining long-term employment; and to assist in integrating eligible individuals into their local communities.
For purposes of the program, an eligible individual is an individual who— is— a veteran of the Armed Forces who was discharged or released from service therein under conditions other than dishonorable; or a member of a reserve component of the Armed Forces (including the National Guard) who— served on active duty in the Armed Forces (other than active duty for training) for more than 180 consecutive days during the three-year period ending on the date of application for participation in the program; and is not serving on active duty on the date of commencement of participation in the program; if discharged or released from the Armed Forces on the date of commencement of participation in the program, was so discharged or released not later than three years before application for participation in the program; is unemployed or underemployed, as determined by the Secretary; and is, at the time at which the individual applies for participation in the program, 18 years of age or older, but not more than 30 years of age.
For purposes of the program, an eligible employer is an employer determined by the Secretary to meet such criteria for participation in the program as the Secretary shall establish for purposes of the program. The criteria established by the Secretary under paragraph
(1)may include past performance of an employer with respect to the following: Job training, basic skills training, and related activities. Financial accountability. Demonstrated high potential for growth and long-term job creation. The employers determined by the Secretary to be eligible employers under paragraph
(1)may include both for-profit and not-for-profit employers. In determining employers to be eligible employers under paragraph (1), the Secretary shall ensure that small business concerns are afforded opportunities to participate in the program. The following employers may not be determined to be an eligible employer under paragraph (1): An agency of the Federal Government or a State or local government. An employer that has previously participated in the program and, as determined by the Secretary, failed to abide by any requirement of the program. An employer that cannot give an assurance to the Secretary at the time of application for participation in the program under subsection (l), and in such manner as the Secretary shall specify pursuant to that subsection, on each matter as follows: That the employer has not 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 program. That the employer has been in good standing with a State business bureau during the period described in clause (i). That the employer is not delinquent with respect to payment of any taxes or employer contributions described under section 3301 and 3302 (a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)). That the employer would not request the placement of an additional eligible individual under the program, if after such additional placement, the number of eligible individuals placed in internships at such employer under the program would constitute more than 10 percent of the eligible employer’s workforce. For purposes of the previous sentence, being an intern under the program placed at an employer shall be considered part of the employer’s workforce. That the employer has the intention of retaining eligible participants after such participants have completed participation in the program. The Secretary shall carry out the program during the three-year period beginning on the date of the commencement of the program. For purposes of the program, career transition services are the following: Internships under subsection (f). Mentorship and job-shadowing under subsection (g). Volunteer opportunities under subsection (h). Professional skill workshops under subsection (i). Skills assessment under subsection (j). Additional services under subsection (k). For each eligible individual whom the Secretary approves for participation in the 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 program. Each internship under the program shall be for a period of one year. The Secretary shall furnish pay and benefits to each eligible individual participating in an internship under the program for the duration of such participation in an aggregate amount not to exceed $25,000. 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 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 program. 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. As a condition of an eligible employer's participation in the 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 program with at least one mentor who is an employee of the eligible employer. To the extent practicable, a mentor assigned to an eligible individual participating in the program shall provide such eligible individual with job shadowing and career counseling. As a condition on participation in the program, each eligible individual who participates in the program shall, not less frequently than once each month in which the eligible individual participates in the program, engage in a qualifying volunteer activity in accordance with guidelines the Secretary shall establish. 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: Outreach. 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. Service benefitting a veteran in a State home or a Department of Veterans Affairs medical facility. Service benefitting a veteran at an institution of higher education. The Secretary shall provide eligible individuals participating in the program with workshops for the development and improvement of the professional skills of such eligible individuals. The workshops provided by the Secretary shall be tailored to meet the particular needs of eligible individuals participating in the program as determined under subsection (j). The workshops provided to eligible individuals participating in the program may include workshops for the development of such professional skills as the Secretary considers appropriate, which may include the following: Written and oral communication skills. Basic word processing and other computer skills. Interpersonal skills. 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 program. Such means may include use of electronic communication. 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. Under the program, the Secretary shall develop and implement an objective assessment of eligible individuals participating in the 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). 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. Except as provided in paragraph (2), the Secretary shall, under the program, furnish the following services to an eligible individual participating in the program when assessment under subsection
(j)indicates such services are appropriate: Counseling, such as job counseling and career counseling. Job search assistance. Follow-up services with participants that are offered unsubsidized employment by the employer with whom they were assigned. Transportation, as described in paragraph (3). 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. In accordance with criteria established by the Secretary for purposes of the program, the Secretary may pay an allowance based upon mileage, of any eligible individual placed in an internship under the program not in excess of 75 miles to or from a facility of the eligible employer or other place in connection with such internship. An eligible employer or eligible individual seeking to participate in the program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary shall specify. An application submitted by an eligible employer under subparagraph
(A)shall include a certification or other information, in such form and manner as the Secretary shall specify, on each of the assurances required by subsection (c)(5)(C), including the assurance that the employer has the intention of retaining eligible participants after they have completed participation in the program as provided in clause
(v)of that subsection. A member of the Armed Forces on active duty who expects to be an eligible individual described in subsection (b)(1)(A) upon discharge or release from the Armed Forces may submit an application to participate in the program not earlier than 180 days before the date on which the member expects to be discharged or released from the Armed Forces. A member who submits such an application shall be treated as unemployed or underemployed for purposes of subsection (b)(2) if the member has not accepted an offer of employment after discharge or release as of the time of the submittal of the application. An eligible individual may not commence participation in the program after the date that is two years after the date of the commencement of the program. The Secretary shall review each application submitted by an applicant under paragraph
(1)and approve or disapprove the applicant for participation in the program. The Secretary may award grants to eligible entities to assist the Secretary in carrying out the program. For purposes of the program, an eligible entity is a nonprofit organization. In awarding grants under this subsection, the Secretary may consider whether an eligible entity— 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; and has the capability to assist the Secretary in administering effectively the program and providing career transition services to eligible individuals. Amounts received by a recipient of a grant under this subsection may be used as the Secretary considers appropriate for purposes of the program, including as follows: To assist the Secretary in carrying out the program. To recruit eligible employers and eligible individuals to participate in the program. To match eligible individuals participating in the program with internship opportunities at eligible employers participating in the program. To coordinate and carry out job placement and other employer outreach activities. 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 program and the benefits of participating in the program. The Secretary of Veterans Affairs and the Secretary of Labor shall ensure that any outreach program and activities conducted under paragraph
(1)include, to the extent practicable, rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 of title 38, United States Code). Each year of the program, the Secretary of Veterans Affairs may recognize one or more eligible employers or one or more eligible individuals participating in the program for demonstrating outstanding achievement in carrying out or in contributing to the success of the program. The Secretary shall establish such selection procedures and criteria as the Secretary considers appropriate for the award of recognition under this subsection. The Secretary shall take such measures as may be necessary to minimize administrative burdens incurred by eligible employers due to participation in the program. Not later than 45 days after the completion of the first year of the program and not later than 180 days after the completion of the second and third years of the program, the Secretary shall submit to Congress a report on the program. Each report submitted under paragraph
(1)shall include the following: An evaluation of the program. The number and characteristics of participants in the program. The number and types of internships in which eligible individuals were placed under the program. The number of individuals who obtained long-term full-time unsubsidized employment positions after participation in the 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. An assessment of the feasibility and advisability of providing career transition services to eligible individuals. An assessment of the effect of the program on earnings of eligible individuals and the employment of eligible individuals. Such recommendations for legislative and administrative action as the Secretary may have to improve the program, to expand the program, or to improve the employment of eligible individuals. Not less than 95 percent of amounts authorized to be appropriated for the program by subsection
(t)shall be used to provide pay under subsection (f)(3). Not more than 5 percent of amounts authorized to be appropriated for the program by subsection
(t)may be used to administer the program. In this section: The terms active duty , Armed Forces , reserve component , and veteran have the meanings given such terms in section 101 of title 38, United States Code. 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. 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) ). 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. There is hereby authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $600,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available until expended.
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- Pub. L. 111-148
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Sec. 421
Program on provision of career transition services to young veterans
Pub. L.Pub. L. 111-148
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