Sec. 3. Pilot program on provision of career transition services to young veterans
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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— 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 pilot 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 two-year period ending on the date of the commencement of the individual's participation in the pilot program; and is not serving on active duty on the date of the commencement of the individual's participation in the pilot program; is unemployed or underemployed, as determined by the Secretary; and 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.
The Secretary shall carry out the pilot program during the three-year period beginning on the date of the commencement of the pilot program. Not more than 50,000 eligible individuals may concurrently participate in the pilot program. 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. 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.
For purposes of the pilot 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 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.
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— 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; has not been in good standing with a State business bureau during the period described in subparagraph (A); is an agency of the Federal Government or a State or local government; 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; has previously participated in the pilot program and, as determined by the Secretary, failed to abide by a requirement of the pilot program; or receives more than 75 percent of its revenue from the Federal Government or a State or local government.
Each internship under the pilot program shall be for a period of one year. 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— 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 if the eligible individual was receiving unemployment compensation before being placed in the internship, the rate of such unemployment compensation.
An eligible individual may not receive an aggregate amount of more than $30,000 in pay from the Secretary under this paragraph. 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.
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. 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.
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. 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.
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. 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.
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 pilot 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 pilot program as determined under subsection (j). 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:
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 pilot 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 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). 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 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: 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 (2). 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 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. 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. A member of the Armed Forces described in this subparagraph is a member of the Armed Forces who— 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 has not accepted an offer of employment that would begin after such discharge or release. 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. 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: Job training, basic skills training, and related activities. Fiscal accountability. Demonstration of a high potential for growth and long-term job creation. 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. 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. The Secretary may award grants to not more than four eligible entities to assist the Secretary in carrying out the pilot program. For purposes of the pilot 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; is familiar with one or more locations selected under subsection (d); and has the capability to assist the Secretary in administering effectively the pilot 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 pilot program, including as follows: To assist the Secretary in carrying out the pilot program. To recruit eligible employers and eligible individuals to participate in the pilot program. To match eligible individuals participating in the pilot program with internship opportunities at eligible employers participating in the pilot 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 pilot program and the benefits of participating in the pilot program. 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. 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 pilot program. 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. Each report submitted under paragraph
(1)shall include the following: An evaluation of the pilot program. The number and characteristics of participants in the pilot program. The number and types of internships in which eligible individuals were placed under the pilot program. 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. An assessment of the feasibility and advisability of providing career transition services to eligible individuals. An assessment of the effect of the pilot 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 pilot program, to expand the pilot program, or to improve the employment of eligible individuals. 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). Not more than 5 percent of amounts appropriated or otherwise made available for the pilot program may be used to administer the pilot program. In this section: 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. 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.
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- Pub. L. 111-148
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Sec. 3
Pilot program on provision of career transition services to young veterans
Pub. L.Pub. L. 111-148
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