1.This Act may be cited as the
Veteran Employment Assistance Act of
2010
.
2.Congress makes the following
findings:
(1)In 2008, the unemployment rate of veterans
between the ages of 18 and 24 was 14.1 percent.
(2)In 2009, the unemployment rate of male
veterans between the ages of 18 and 24 was 21.6 percent and the unemployment
rate of female veterans in the same age group was 19.2 percent.
(3)The unemployment rate of veterans in all
age groups is expected to increase as a result of the economic downturn that
began in 2008.
(4)In 2004, approximately 22 percent of
veterans were either purchasing or starting a new business, or considering
doing so.
(5)One of the most critical problems
identified by veteran small business owners is a lack of knowledge about
programs of assistance available to small businesses.
(6)Members of the Armed Forces learn a wide
range of technical skills during their time in the Armed Forces, but often find
it difficult to transfer these skills into civilian professions.
(7)The Commissioner of Labor Statistics
estimates that career opportunities in the fields of health care and
information technology will expand significantly in the coming decade.
3.Veterans Business Center program
(a)Section 32 of the Small Business Act (15
U.S.C. 657b) is amended—
(1)in subsection (f), by inserting
subsections (a) through (e) of
before this
section
; and
(2)by adding at the end the following:
(g)Veterans business center program
(1)The Administrator, in consultation with the
Secretary of Labor, shall establish a veterans business center program to
provide entrepreneurial training and counseling to veterans in accordance with
this subsection.
(2)The Administrator shall appoint a Director
of the veterans business center program, who shall—
(A)implement and oversee the veterans business
center program; and
(B)report directly to the Associate
Administrator.
(3)Designation of veterans business
centersThe Director
shall—
(A)by regulation establish an application,
review, and notification process under which the Director may designate
entities as veterans business centers for purposes of this section; and
(B)publicize the designation of an entity as a
veterans business center and the award of a grant to a veterans business center
under this subsection.
(4)Funding for veterans business
centers
(A)The Director may make
a grant to each veterans business center each year in the amount of $150,000.
The Director may not make more than 5 grants under this subparagraph to a
veterans business center.
(B)If a veterans business center has received
5 initial grants, the Director may make a grant to the veterans business center
each year in the amount of $100,000. The Director may not make more than 3
grants under this subparagraph to a veterans business center.
(5)Each veterans business center receiving an
initial grant or a growth funding grant shall—
(A)meet performance benchmarks (which shall be
established by the Director for the veterans business center and reflect the
purposes of this subsection) to be eligible for an initial grant or growth
funding grant in a subsequent year; and
(B)submit to the Director an annual report on
the performance of the veterans business center, which shall include—
(i)a description of the use of the grant under
this subsection and matching funds to carry out the activities of the veterans
business center; and
(ii)a description of the progress of the
veterans business center in meeting the performance benchmarks described in
subparagraph (A).
(6)Each veterans business center receiving an
initial grant or a growth funding grant shall use the funds received under the
grant for—
(A)veteran entrepreneurial development;
(B)counseling of veterans who own small
business concerns or who are seeking to own a small business concern through
one-on-one instruction and classes, including counseling relating to financial
literacy;
(C)education about services available through
one-stop centers referred to in section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c)), including veterans employment assistance and job
announcement services;
(D)education about tax provisions relating to
first time owners of business concerns, owners of small business concerns, and
veterans;
(E)information on the availability of
mentoring services and referrals, as appropriate; and
(F)information on government procurement
assistance available to veterans.
(7)
(A)A veterans business center receiving an
initial grant or a growth funding grant shall provide a contribution, in cash
or in-kind, that is not less than 50 percent of the amount of the grant.
(B)Not more than 25 percent of a contribution
under subparagraph (A) may be provided from other Federal funds. The
contribution may be provided from funds made available by a State, local
government, or private person.
(C)
(i)The Director may, upon request, waive a
portion of the matching contribution under this paragraph upon a determination
of hardship to the veterans business center.
(ii)In determining whether a veterans business
center is experiencing a hardship, the Director shall consider—
(I)whether the veterans business center is
operating at an economic loss;
(II)whether the veterans business center would
continue to operate without a waiver; and
(III)other factors the Director considers
appropriate.
(8)The Director shall give
priority to applications to be designated a veterans business center and for
initial grants and growth funding grants under this subsection that will
establish a veterans business center in a geographic area, as determined by the
Director—
(A)that is not currently served by a veterans
business center; and
(B)in which—
(i)the number of veterans per capita exceeds
the national median of the number of veterans per capita;
(ii)the number of veterans of Operation Iraqi
Freedom or Operation Enduring Freedom per capita exceeds the national median of
the number of veterans of Operation Iraqi Freedom or Operation Enduring Freedom
per capita; or
(iii)the expected number of veterans of
Operation Iraqi Freedom or Operation Enduring Freedom per capita, as determined
by the Secretary of Defense, will exceed the national median of the number of
veterans of Operation Iraqi Freedom or Operation Enduring Freedom per
capita.
(9)The Director shall develop and implement,
directly or by contract, an annual training program for the employees of
veterans business centers to provide education, support, and information on
best practices with respect to the establishment and operation of a veterans
business center. The Director shall develop the training program under this
paragraph in consultation with veterans business centers, the task force, the
Employment and Training Administration and the Veterans’ Employment and
Training Service of the Department of Labor, and veterans service
organizations.
(10)Inclusion of other organizations in
programThe Director shall
designate as a veterans business center, and may make a initial grant
to—
(A)a Veterans Business Outreach Center
established by the Administrator under section 8(b)(17) on or before the date
of enactment of this subsection; and
(B)each person or entity that—
(i)received funds during fiscal year 2006 from
the National Veterans Business Development Corporation established under
section 33; and
(ii)is in operation on the date of enactment of
this subsection.
(11)Annual report on effectiveness of veteran
business centers
(A)Not later than 1 year after the date of
enactment of this subsection, and every year thereafter, the Administrator
shall submit a report on the performance of the veterans business center
program to—
(i)the Committee on Veterans' Affairs, the
Committee on Appropriations, the Committee on Small Business and
Entrepreneurship, and the Committee on Health, Education, Labor, and Pensions
of the Senate;
(ii)the Committee on Veterans' Affairs, the
Committee on Appropriations, and the Committee on Small Business of the House
of Representatives; and
(iii)relevant Federal agencies, including the
Department of Veterans Affairs and the Department of Labor.
(B)Each report under subparagraph (A) shall
include, for the 1-year period ending on the date of the report—
(i)an assessment of the compliance of each
veterans business center receiving an initial grant or growth funding grant
with the performance benchmarks established for the veterans business center
under paragraph (5)(A);
(ii)the number of veterans assisted by a
veterans business center receiving an initial grant or growth funding
grant;
(iii)comments, if any, from veterans who sought
the assistance of a veterans business center;
(iv)the success rate, as determined by the
Administrator, of small business concerns owned and controlled by veterans who
sought assistance from a veterans business center; and
(v)any other performance indicators and
information the Administrator determines appropriate.
(C)The Director shall disseminate the findings
of each report under subparagraph (A) online and to the veteran, small
business, and workforce development communities.
(12)Authorization of
appropriationsThere are
authorized to be appropriated to carry out this subsection—
(A)$10,000,000 for fiscal year 2011;
and
(B)$12,000,000 for fiscal year 2012.
(h)Additional grants available to veterans
business centers
(1)Access to capital grant program
(A)The Director shall establish a grant
program under which the Director may make grants to veterans business centers
to—
(i)develop specialized programs to assist
small business concerns owned and controlled by veterans in securing capital
and repairing damaged credit;
(ii)provide informational seminars on financial
literacy, securing loans, and Federal, State and local tax provisions and
incentives for small business concerns owned and controlled by veterans;
(iii)provide one-on-one counseling to small
business concerns owned and controlled by veterans to improve the financial
presentations of the small business concern to lenders;
(iv)facilitate the access of small business
concerns owned and controlled by veterans to traditional and non-traditional
financing sources; and
(v)establish links to and partnerships with
local workforce boards and business mentoring organizations.
(B)The Director may not make grants under this
paragraph to a veterans business center in a total amount of more than $75,000
during any 1-year period.
(C)Authorization of
appropriationsThere is
authorized to be appropriated to carry out this paragraph $1,500,000 for each
of fiscal years 2011 and 2012.
(2)Procurement assistance grant
program
(A)The Director shall establish a grant
program under which the Director may make grants to veterans business centers
to—
(i)assist small business concerns owned and
controlled by veterans in identifying contracts that are suitable for the small
business concern;
(ii)prepare small business concerns owned and
controlled by veterans to act as subcontractors and prime contractors for
contracts made available under the American Recovery and Reinvestment Act of
2009 (Public Law 111–5; 123 Stat. 115) through training and business advice,
particularly with respect to the construction trades; and
(iii)provide technical assistance to small
business concerns owned and controlled by veterans relating to the Federal
procurement process, including assisting in compliance with Federal regulations
and bonding requirements.
(B)The Director may not make grants under this
paragraph to a veterans business center in a total amount of more than $75,000
during any 1-year period.
(C)Authorization of
appropriationsThere is
authorized to be appropriated to carry out this paragraph $1,500,000 for each
of fiscal years 2011 and 2012.
(3)Service-disabled veteran-owned small
business grant program
(A)The Director shall establish a grant
program under which the Director may make grants to veterans business centers
to—
(i)develop outreach programs for
service-disabled veterans with respect to the benefits of
self-employment;
(ii)provide tailored training to
service-disabled veterans with respect to business plan development, marketing,
budgeting, accounting, and merchandising;
(iii)assist small business concerns owned and
controlled by service-disabled veterans in locating and securing business
opportunities; and
(iv)link service-disabled veterans to services
provided through one-stop centers referred to in section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), including information on
labor market trends, entrepreneurial and related training and training
providers, student financial aid, and specialized services for veterans.
(B)The Director may not make grants under this
paragraph to a veterans business center in a total amount of more than $75,000
during any 1-year period.
(C)Authorization of
appropriationsThere is
authorized to be appropriated to carry out this paragraph $1,500,000 for each
of fiscal years 2011 and 2012.
(i)Veterans entrepreneurial development
summit
(1)The Director of the veterans business
center program established under subsection (g) may hold an event, once every 2
years, to provide networking opportunities, outreach, education, training, and
support to veterans business centers designated under subsection (g), small
business concerns owned and controlled by veterans, veterans service
organizations, workforce investment boards of State and local governments, the
Employment and Training Administration and the Veterans’ Employment and
Training Service of the Department of Labor, and other entities as determined
appropriate by the Director.
(2)The findings of the most recently submitted
report under subsection (g)(12) shall be presented at an event held under this
subsection.
(3)Authorization of
appropriationsThere is
authorized to be appropriated to carry out this subsection $450,000 for each of
fiscal years 2011 and 2012.
(j)In this section—
(1)the term Associate
Administrator means the Associate Administrator for Veterans Business
Development appointed under section 4(b)(1);
(2)the term Director means the
Director of the veterans business center program;
(3)the term growth funding grant
means a grant under subsection (g)(5)(B);
(4)the term initial grant means a
grant under subsection (g)(5)(A);
(5)the term task force means the
interagency task force established under subsection (c)(1);
(6)the term veterans business
center means an entity designated as a veterans business center under
subsection (g)(4)(A); and
(7)the term veterans business center
program means the veterans business center program established under
subsection
(g)(2).
.
(b)Report regarding direct loan
programThe Administrator of
the Small Business Administration, the Secretary of Veterans Affairs, and the
Assistant Secretary for Veterans' Employment and Training shall jointly—
(1)assess the efficacy of establishing a
Federal direct loan program for small business concerns owned and controlled by
veterans (as defined in section 3 of the Small Business Act (15 U.S.C. 632));
and
(2)not later than 180 days after the date of
enactment of this Act, submit a report regarding the assessment under paragraph
(1) to—
(A)the Committee on Veterans' Affairs, the
Committee on Appropriations, the Committee on Small Business and
Entrepreneurship, and the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(B)the Committee on Veterans' Affairs, the
Committee on Appropriations, and the Committee on Small Business of the House
of Representatives.
(c)Technical and conforming
amendmentsSection 32 of the
Small Business Act (15 U.S.C. 657b) is amended—
(1)in subsection (a), by striking by
the Associate Administrator for Veterans Business Development
and all
that follows and inserting by the Associate Administrator.
;
and
(2)in subsection (c)(1), by striking
(in this section referred to as the task
force
)
.
4.Reporting requirement for interagency task
forceSection 32(c) of the
Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the
following:
(4)Not later than 6 months after the date of
enactment of this paragraph, and every 6 months thereafter, the Administrator
shall submit to Congress a report on the appointments made to and activities of
the task
force.
.
5.Period for completion of training of new
disabled veterans' outreach program specialists and local veterans' employment
representatives by National Veterans' Employment and Training Services
Institute
(a)Section 4102A(c)(8)(A) of title 38, United
States Code, is amended by striking three-year period
and
inserting one-year period
.
(b)
(1)Applicability to new
employeesThe amendment made
by subsection (a) shall apply with respect to a State employee assigned to
perform the duties of a disabled veterans' outreach program specialist or a
local veterans' employment representative under chapter 41 of such title who is
so assigned on or after the date of the enactment of this Act.
(2)Applicability to previously hired
employeesIn the case of such
a State employee who is so assigned on or after January 1, 2006, and before the
date of the enactment of this Act, the Secretary of Labor shall require the
State to require, as a condition of a grant or contract under which funds are
made available to the State in order to carry out section 4103A or 4104 of
title 38, United States Code, each such employee to complete satisfactorily the
training described in section 4102A(c)(8)(A) of such title by not later than
the date that is one year after the date of the enactment of this Act.
(c)The Secretary of Labor shall require State
employees described by subsection (b) in the performance of duties described in
that subsection—
(1)to educate staff of one-stop centers about
the services such State employees provide and the programs of assistance
available to veterans; and
(2)in order to strengthen coordination and
enhance services to veterans, to learn about the employment and training and
related information and services made available through the one-stop delivery
system.
(d)In this section:
(1)The term one-stop center means
a one-stop center described in section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c)).
(2)The term one-stop delivery
system means a one-stop delivery system described in such section
134(c).
6.Employment training assistance
(a)Chapter 42 of title 38, United States Code,
is amended by adding at the end the following new section:
4216.Employment training assistance for
unemployed veterans
(a)(1)The Secretary of Labor shall, acting
through the Assistant Secretary for Veterans' Employment and Training, pay to
each covered veteran a monthly training subsistence allowance under this
section for each month that a covered veteran is enrolled in a full time
employment and training program that—
(A)is offered by an eligible provider of
training services under section 122 of the Workforce Investment Act of 1998 (29
U.S.C. 2842); and
(B)teaches a skill that is connected to a
career in an in-demand industry, as determined by the Secretary of
Labor.
(2)The amount of the monthly training
subsistence allowance paid to a covered veteran under this subsection shall be
equal to the monthly amount of the basic allowance for housing payable under
section 403 of title 37 for a member of the Armed Forces with dependents in pay
grade E–5 residing in the military housing area that encompasses all or the
majority portion of the ZIP code area in which the covered veteran
resides.
(3)A covered veteran is entitled to training
subsistence allowance under this subsection for not more than six months during
each 10-year period beginning on the date in which the covered veteran first
receives training subsistence allowance under this section.
(b)(1)In addition to the training subsistence
allowance payable to a covered veteran under subsection (a), the Secretary of
Labor shall, acting through the Assistant Secretary for Veterans' Employment
and Training, pay to each covered veteran a relocation stipend for expenses
incurred by the veteran for one relocation—
(A)related to the veteran's participation in
an employment and training program described in subsection (a)(1); or
(B)to an employment opportunity related to the
field or subject matter in which the veteran was trained in an employment and
training program described in subsection (a)(1).
(2)The amount of relocation stipend paid to a
covered veteran under paragraph (1) may not exceed the lesser of—
(A)$5,000; and
(B)the actual amount of expenses incurred by
the veteran.
(c)For purposes of this section, a covered
veteran is a veteran who is—
(1)unemployed for a period of not less than
four consecutive months at the time of applying for training subsistence
allowance under subsection (a);
(2)able to complete successfully the
employment and training program described in subsection (a)(1), as determined
by the Secretary of Labor; and
(3)except as provided under this section,
ineligible for education or training assistance under this title.
(d)The Secretary of Labor shall submit to
Congress each year a report on the effectiveness of the training subsistence
allowance under subsection (a) and the relocation stipend under subsection (b)
during the preceding year. Each report shall include, for the year concerned by
such report, the following:
(1)The number of veterans who received the
subsistence allowance.
(2)The number of veterans who received the
relocation stipend.
(3)The percentage of veterans who received the
subsistence allowance or relocation stipend and completed an employment and
training program described in subsection (a)(1).
(4)The percentage of veterans who received the
subsistence allowance or relocation stipend and were employed and retained upon
completion of an employment and training program described in subsection
(a)(1), as measured by the Secretary of Labor.
(5)The percentage of veterans who—
(A)received the subsistence allowance or
relocation stipend; and
(B)were employed in the fourth calendar
quarter of such year following graduation from an employment and training
program described in subsection (a)(1).
(6)The average earnings of veterans, as
measured by the Secretary of Labor, who—
(A)received the subsistence allowance or
relocation stipend; and
(B)completed an employment and training
program described in subsection (a)(1).
(7)Such other matters relating to the
effectiveness of the subsistence allowance and the relocation stipend as the
Secretary of Labor considers appropriate.
(e)Authorization of
appropriationsThere are
authorized to be appropriated to the Secretary of Labor to carry out this
section $100,000,000 for each fiscal
year.
.
(b)The table of sections at the beginning of
such chapter 42 is amended by adding at the end the following:
4216. Employment
training assistance for unemployed
veterans.
.
7.Use of entitlement under Post-9/11
Educational Assistance for apprenticeships and on-job training
(a)
(1)Subchapter II of chapter 33 of title 38,
United States Code, is amended by inserting after section 3319 the following
new section:
3319A.Apprenticeships and on-job
training
(a)Except as provided in subsections (b) and
(c), the amount of the monthly benefit payment to an individual pursuing a
full-time program of apprenticeship or other on-job training under this chapter
is—
(1)for each of the first six months of the
individual’s pursuit of such program, 75 percent of the monthly benefit payment
otherwise payable to such individual under this chapter;
(2)for each of the second six months of the
individual’s pursuit of such program, 55 percent of such monthly benefit
payment; and
(3)for each of the months following the first
12 months of the individual’s pursuit of such program, 35 percent of such
monthly benefit payment.
(b)In any month in which an individual
pursuing a program of education consisting of a program of apprenticeship or
other on-job training fails to complete 120 hours of training, the amount of
the monthly benefit payment payable under this chapter to the individual shall
be limited to the same proportion of the applicable rate determined under
subsection (a) as the number of hours worked during such month, rounded to the
nearest eight hours, bears to 120 hours.
(c)An individual receiving a monthly benefit
pursuant to this section shall receive a monthly housing stipend amount equal
to the monthly amount of the basic allowance for housing payable under section
403 of title 37 for a member with dependents in pay grade E–5 residing in the
military housing area that encompasses all or the majority portion of the ZIP
code area in which the individual resides.
(d)For each month that an individual is paid a
monthly benefit payment under this chapter, the individual’s entitlement under
this chapter shall be charged at the rate of—
(1)75 percent of a month in the case of
payments made in accordance with subsection (a)(1);
(2)55 percent of a month in the case of
payments made in accordance with subsection (a)(2); and
(3)35 percent of a month in the case of
payments made in accordance with subsection (a)(3).
(e)Reduced charge to entitlementFor any month in which an individual fails
to complete 120 hours of training, the entitlement otherwise chargeable under
subsection (d) shall be reduced in the same proportion as the monthly benefit
payment payable is reduced under subsection (b).
(f)Program of apprenticeship
definedIn this section, the
term program of apprenticeship means a program of apprenticeship
registered under the Act of August 16, 1937 (commonly known as the
National Apprenticeship Act
; 50 Stat. 664; chapter 663; 29
U.S.C. 50 et
seq.).
.
(2)The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section 3319
the following new item:
3319A. Apprenticeships
and on-job
training.
.
(b)Section 3313 of such title is
amended—
(1)in subsection (a), by inserting or
section 3319A of this title
after subsections (e) and
(f)
; and
(2)by amending subsection (b) to read as
follows:
(b)Approved programs of
educationA program of
education is an approved program of education for purposes of this chapter if
the program of education—
(1)is—
(A)offered by an institution of higher
learning (as that term is defined in section 3452(f) of this title); and
(B)approved for purposes of chapter 30 of this
title (including approval by the State approving agency concerned); or
(2)in the case of an individual who is not
serving on active duty, includes a program of apprenticeship or of other on-job
training approved as provided in paragraph (1) or (2), as appropriate, of
section 3687(a) of this
title.
.
(c)Section 3002(3)(C) of such title is amended
by striking clause
and inserting
paragraph
.
(d)The amendments made by
this section shall take effect as if included in the enactment of the Post-9/11
Veterans Educational Assistance Act of 2008 (title V of Public Law
110–252).
8.Veterans conservation corps grant
program
(a)
(1)The Secretary of Veterans Affairs shall, in
consultation with the Secretary of Labor and the Secretary of the Interior,
establish a program to award grants to States to establish veterans
conservation corps.
(2)The amount of a grant
awarded to a State under this section in any year may not exceed
$250,000.
(b)Veterans conservation corpsFor purposes of this section, a veterans
conservation corps is a corps that—
(1)is established by a State—
(A)within the veterans agency of the State;
or
(B)in affiliation with the veterans agency of
the State; and
(2)provides veterans with volunteer and
employment opportunities with respect to conservation projects for one or more
of the following:
(A)To restore natural habitat.
(B)To maintain Federal, State, or
local—
(i)forest lands;
(ii)parks and reserves; and
(iii)other reservations, water, and outdoor
lands.
(C)To maintain and improve urban and suburban
storm water management facilities and other water management facilities.
(D)To carry out hazardous materials and spills
response, energy efficiency and other environmental maintenance, stewardship,
and restoration projects.
(c)Training, education, and
certification
(1)A State receiving a grant under this
section to establish a veterans conservation corps shall ensure that such corps
incorporates into the volunteer and employment opportunities provided by such
corps training, education, and certification in environmental restoration and
management fields.
(2)Such State shall ensure that, in
incorporating training, education, and certification into volunteer and
employment opportunities under paragraph (1), the veterans conservation corps
consults with the following:
(A)State and local workforce investment
boards.
(B)Local institutions of higher education,
including community colleges.
(C)Private schools.
(D)State or local agencies, including State
employment agencies and State forest services.
(E)Labor organizations.
(F)Business involved in the environmental
industry.
(G)Such other entities as the Secretary of
Veterans Affairs considers appropriate.
(d)A State receiving a grant under this
section to establish a veterans conservation corps shall ensure that such corps
partners with one-stop centers, State and local workforce investment boards,
and other State agencies to assist veterans enrolled in such corps in obtaining
employment in the fields of environmental restoration and management, and other
related fields.
(e)
(1)A State receiving a grant under this
section to establish a veterans conservation corps shall ensure that such
corps—
(A)assesses of the veterans participating in
the Corps the skills to help such veterans identify appropriate employment
opportunities in their local communities that utilize the skills they developed
while in the Armed Forces;
(B)assists with or provides referrals for
obtaining benefits available to veterans;
(C)facilitates internships or job shadowing
for veterans; and
(D)matches veterans with conservation projects
that are aligned with the goals of the veterans.
(2)Partnership with State and local workforce
investment boardsIn carrying
out subparagraph (A) and (C) of paragraph (1), the State shall partner with
State and local workforce investment boards.
(f)Each State receiving a grant under this
section shall submit to the Secretary and the appropriate committees of
Congress a report on the performance of the veterans conservation corps of such
State, including the following:
(1)A description of how the grant amount was
used.
(2)An assessment of the performance of such
corps, including a description of the current veterans labor market in such
State and the veterans labor market in such State in the previous year.
(g)In this section:
(1)Appropriate committees of
CongressThe term
appropriate committees of Congress means—
(A)the Committee on Appropriations and the
Committee on Veterans' Affairs of the Senate; and
(B)the Committee on Appropriations and the
Committee on Veterans' Affairs of the House of Representatives.
(2)Institution of higher
educationThe term
institution of higher education has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3)The term one-stop center means
a one-stop center described in section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c)).
(4)State and local workforce investment
boardsThe term State
and local workforce investment boards means a State workforce investment
board and a local workforce investment board as such terms are defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
9.Center of excellence in reforming higher
education to afford academic credit for military experience and
training
(a)
(1)The Secretary of Veterans Affairs shall, in
consultation with the Assistant Secretary of Labor for Veterans' Employment and
Training, establish a center of excellence for the purpose described in
paragraph (2).
(2)The purpose described in this paragraph is
the support of research, development, planning, implementation, and evaluation
of methods for educational institutions to afford academic credit for military
experience and training to—
(A)veterans who were discharged or released
from service in the Armed Forces not more than 48 months before applying for
admission to a program of education at such institutions; or
(B)members of the reserve components of the
Armed Forces.
(b)
(1)The Secretary may, acting through the
center of excellence, award grants to or enter into contracts with eligible
institutions for the purpose described in subsection (a)(2).
(2)Minimum and maximum amountsThe Secretary may not award a grant or
contract under this section in an amount that is less than $2,000,000 or more
than $5,000,000.
(c)For purposes of this section, an eligible
institution is any partnership that—
(1)meets such requirements as the Secretary
may specify for purposes of this section; and
(2)consists of an institution of higher
education and one or more of the following:
(A)A community college.
(B)A university teaching hospital.
(C)A military installation, including a
facility of the National Guard.
(D)A Department of Veterans Affairs medical
center.
(E)A military medical treatment
facility.
(d)Selection of grant and contract
recipients
(1)An eligible institution seeking a grant or
contract under this section shall submit to the Secretary an application
therefor in such form and in such manner as the Secretary considers
appropriate.
(2)Priority for certain
applicationsIn selecting
applicants for a grant or contract under this section, the Secretary shall give
priority to applicants who include as a partner an institution of higher
education or other educational institution that—
(A)affords appropriate recognition to military
experience and training in screening candidates for admission to such
institution;
(B)has an established practice of, or proposes
to establish a practice of, affording appropriate academic credit for military
experience and training;
(C)if the applicant proposes to establish a
practice as described in subparagraph (B), includes with the application
submitted by the applicant under paragraph (1) a review of such plan by a
professional organization;
(D)has established a professional development
and delivery system using evidence-based practices; or
(E)has demonstrated experience working with
the Department of Defense or the Department of Veterans Affairs;
(3)Standards, procedures, and distribution
criteriaThe Secretary shall,
by regulation, establish application and evaluation standards and procedures
and such other forms, standards, definitions, and procedures as the Secretary
determines to be appropriate for purposes of this section.
(e)Use of grants and contract
fundsEach eligible
institution receiving a grant or contract under this section shall use the
grant or contract for one or more of the following:
(1)To develop or implement a plan to modify
programs of education and admissions programs at institutions of higher
education to afford academic credit to veterans and members described in
subsection (a)(2).
(2)To develop standards for the identification
of military experience and training in individuals applying for enrollment at
institutions of higher education.
(3)To train professors, educators, and
instructors at institutions of higher education on means of best teaching
students at such institutions with military experience and training.
(4)To develop curriculum for institutions of
higher education that are appropriately tailored to individuals with military
experience and training.
(5)To develop admissions and recruitment
guidelines for institutions of higher education to attract veterans and members
described in subsection (a)(2) and afford them appropriate recognition for
military experience and training in their admissions processes.
(6)To establish a program, method, or
standards to be utilized by institutions of higher education for assessing the
education and training of veterans and members described in subsection (a)(2)
during the pursuit of a program of education and at the completion of such
program.
(f)Institution of higher education
definedIn this section, the
term institution of higher education has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
10.Publication of data on employment of
certain veterans by Federal contractorsSection 4212(d) of title 38, United States
Code, is amended by adding at the end the following:
(3)The Secretary of Labor shall establish and
maintain an Internet website that publicly discloses the information reported
by contractors to the Secretary of Labor under paragraph
(1).
.
11.Military pathways demonstration
programs
(a)Military pathways demonstration
programsSection 171 of the
Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the
end the following:
(f)Information technology military pathways
demonstration program
(1)The Secretary of Labor, after consultation
with the Secretary of Veterans Affairs and the Secretary of Defense, shall
establish a demonstration program and carry out the program by making grants,
on a competitive basis, to not more than 5 entities for demonstration projects.
The projects shall be designed to test the feasibility of methods of enabling
transitioning military members to build on the technical skills learned in many
military jobs, to enter the information technology workforce or continue their
skills development in the information technology disciplines to meet the demand
for information technology workforce readiness in computer specialist and
related information technology jobs.
(2)In carrying out the program, the Secretary
may examine the feasibility of methods such as the following:
(A)Methods to improve the transitions, skills
development, and employment of transitioning military members for and in
information technology occupations with wages sufficient to support
families.
(B)Methods to align the information technology
skills acquired in military occupations with skills required in civilian
information technology occupations in new, emerging, or viable industries,
including aligning the skills—
(i)using guidelines for assessments and
credentials that employers value in the hiring process, and credentials that
are industry-recognized and approved by the Secretary; and
(ii)by means that may include the use of a
modified or enhanced Department of Defense transition program or a Department
of Labor transition program, such as the program carried out under chapter 41
of title 38, United States Code.
(C)Methods to ensure that military members
receive education and training, including training through apprenticeship
programs registered under the Act of August 16, 1937 (commonly known as the
National Apprenticeship Act
; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.) (referred to individually in this subsection as an
apprenticeship program
), and necessary support services, that
are flexible, available (including available for deployed military members),
adequate for individuals seeking to make the transition to civilian information
technology occupations, and consistent with academic requirements of the
institution involved.
(D)Methods to enable military members to
accelerate application for admission, acceptance, and graduation as students in
computer science, engineering, and related disciplines at 2-year and 4-year
institutions of higher education, based on military credentials and
experience.
(E)Methods to help military members obtain
information technology credentials that are industry-recognized, are approved
by the Secretary, and satisfy both military requirements and civilian
requirements, prior to release of the members from the military.
(3)To be eligible to receive a grant under
this subsection, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary may
require, including each of the following:
(A)An assurance that the entity agrees that,
in carrying out the project, the entity will work in conjunction with a local
board and enter into a partnership that includes, as principal partners,
employers, labor organizations, postsecondary education institutions including
institutions of higher education, veterans service organizations, and other
community organizations.
(B)Information—
(i)demonstrating the capability of the entity
in working with transitioning military members;
(ii)demonstrating that the entity has a history
of effective collaboration with—
(I)the information technology industry or an
industry with significant information technology jobs;
(II)State boards or local boards, as
appropriate; and
(III)institutions of higher education and other
information technology educators or trainers; and
(iii)demonstrating knowledge of training and
best practices of the information technology industry.
(C)An assurance that the entity will
participate in the Secretary’s evaluation plan for the demonstration program,
including participating in required reporting for the plan.
(4)In order to select entities to receive
grants for projects under this subsection, the Secretary shall establish
selection criteria consistent with this subsection and shall ensure that the
criteria give priority to each of the following types of entities:
(A)Entities that demonstrate the ability to
leverage public or private funds to sustain such a project after the grant
period.
(B)Entities that have relationships with
institutions of higher education or with qualified community-based
organizations that provide training.
(C)Entities that have relationships with
employers, labor organizations, and other entities that will provide earn and
learn opportunities to veterans.
(D)Entities that have experience working with
veterans and facilitating transitions from military to civilian work
environments.
(E)Entities that have experience designing
contextualized learning programs that integrate basic adult education with
skills training.
(5)Program evaluation and technical
assistanceUsing not more
than 10 percent of the amount made available to carry out this subsection, the
Secretary may—
(A)conduct an evaluation to determine
promising methods of increasing the number of highly skilled transitioning
military members who enter civilian information technology occupations and earn
wages sufficient to support families; and
(B)provide technical assistance to entities
receiving grants under this subsection, relating to the promising
methods.
(6)The Secretary shall prepare and submit to
the appropriate committees of Congress and Federal agencies a final report on
the findings and outcomes of the demonstration program carried out under this
subsection. The Secretary shall broadly distribute the report through the
veterans service organizations, State boards, and local boards.
(7)In this subsection:
(A)The term information
technology means any equipment or interconnected system or subsystem of
equipment—
(i)used in the automatic acquisition, storage,
analysis, evaluation, manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or information;
and
(ii)includes the following:
(I)Computers.
(II)Ancillary equipment for computers
(including imaging peripherals, and input, output, and storage devices
necessary for security and surveillance).
(III)Peripheral equipment designed to be
controlled by the central processing unit of a computer.
(IV)Software.
(V)Computer services (including support
services).
(VI)Other computer-related resources.
(B)Institution of higher
educationThe term
institution of higher education has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(C)The term postsecondary
education means—
(i)a 4-year program of instruction, or not
less than a 1-year program of instruction that is acceptable for credit toward
a baccalaureate degree or an associate degree, offered by an institution of
higher education; or
(ii)a certificate or apprenticeship program at
the postsecondary level offered by an institution of higher education, a
nonprofit educational institution, or a labor-management partnership.
(8)Authorization of
appropriationsThere is
authorized to be appropriated to carry out this subsection $10,000,000 for each
fiscal year.
(g)Nursing, public health and allied health
professional, and physician assistant military pathways demonstration
program
(1)The Secretary of Labor, after consultation
with the Secretary of Veterans Affairs, Secretary of Defense, and Secretary of
Health and Human Services, shall establish a demonstration program and carry
out the program by making grants, on a competitive basis, to not more than 5
entities for demonstration projects. The projects shall be designed to test the
feasibility of methods of enabling transitioning military members to build on
the technical skills learned in many military jobs, to enter the nursing,
public health and allied health professional, and physician assistant
workforces or continue their skills development in disciplines related to those
workforces to meet the demand for nurses, public health and allied health
professionals, and physician assistants.
(2)In carrying out the program, the Secretary
may examine the feasibility of methods such as the following:
(A)Methods to improve the transitions, skills
development, and employment of transitioning military members for and in
nursing, public health and allied health professional, and physician assistant
occupations with wages sufficient to support families.
(B)Methods to align nursing, public health and
allied health professional, and physician assistant skills acquired in military
occupations with skills required in related civilian health occupations,
including aligning the skills—
(i)using guidelines for assessments and
credentials that employers value in the hiring process, and credentials that
are industry-recognized and approved by the Secretary; and
(ii)by means that may include the use of a
modified or enhanced Department of Defense transition program or a Department
of Labor transition program, such as the program carried out under chapter 41
of title 38, United States Code.
(C)Methods to ensure that military members
receive education and training, including training through apprenticeship
programs, and necessary support services, that are flexible, available
(including available for deployed military members), adequate for individuals
seeking to make the transition to civilian nursing, public health and allied
health, and physician assistant occupations, and consistent with academic
requirements of the institution involved.
(D)Methods to align education and training
programs, including apprenticeship programs, for veterans in nursing, public
health and allied health professional, and physician assistant occupations with
education and training programs for those occupations that are provided for the
public.
(E)Methods to enable military members to
accelerate application for admission, acceptance, and graduation as students in
nursing, public health and allied health, and physician assistant disciplines
at 2-year and 4-year institutions of higher education, based on military
credentials and experience.
(F)Methods to help military members obtain
credentials related to those health care occupations that are
industry-recognized, are approved by the Secretary, and satisfy both military
requirements and civilian requirements, prior to release of the members from
the military.
(3)To be eligible to receive a grant under
this subsection, an entity shall submit an application to the Secretary of such
time, in such manner, and containing such information as the Secretary may
require including each of the following:
(A)An assurance that the entity agrees that,
in carrying out the project, the entity will work in conjunction with a local
board and enter into a partnership that includes, as principal partners,
employers, labor organizations, postsecondary education institutions including
institutions of higher education, veterans service organizations, and other
community organizations.
(B)Information—
(i)in demonstrating the capability of the
entity in working with transitioning military members;
(ii)demonstrating that the entity has a history
of effective collaboration with—
(I)health care employers;
(II)State boards or local boards, as
appropriate; and
(III)institutions of higher education and other
nursing, public health and allied health professional, and physician assistant
educators or trainers; and
(iii)demonstrating knowledge of training and
best practices of the health care industry.
(C)An assurance that the entity will
participate in the Secretary’s evaluation plan for the demonstration program,
including participating in required reporting for the plan.
(4)In order to select entities to receive
grants for projects under this subsection, the Secretary shall establish
selection criteria consistent with this subsection and shall ensure that the
criteria give priority to entities that demonstrate the ability to leverage of
public or private funds to sustain such a project after the grant
period.
(5)Program evaluation and technical
assistanceUsing not more
than 10 percent of the amount made available to carry out this subsection, the
Secretary may—
(A)conduct an evaluation to determine
promising methods of increasing the number of highly skilled transitioning
military members who enter civilian nursing, public health and allied health,
or physician assistant occupations and earn wages sufficient to support
families; and
(B)provide technical assistance to entities
receiving grants under this subsection, relating to the promising
methods.
(6)The Secretary shall prepare and submit to
the appropriate committees of Congress and Federal agencies a final report on
the findings and outcomes of the demonstration program carried out under this
subsection. The Secretary shall broadly distribute the report through the
veterans service organizations, State boards, and local boards.
(7)In this subsection:
(A)Allied health professionalThe term allied health
professional means a health professional (other than a registered nurse
or physician assistant) who—
(i)has received a certificate, an associate
degree, a baccalaureate degree, a master's degree, a doctoral degree, or
postbaccalaureate training, in a science relating to health care;
(ii)shares in the responsibility for the
delivery of health care services or related services, including—
(I)services relating to the identification,
evaluation, and prevention of disease and disorders;
(II)dietary and nutrition services;
(III)health promotion services;
(IV)rehabilitation services; or
(V)health systems management services;
and
(iii)has not received—
(I)a degree of doctor of medicine;
(II)a degree of doctor of osteopathy;
(III)a degree of doctor of dentistry or an
equivalent degree;
(IV)a degree of doctor of veterinary medicine
or an equivalent degree;
(V)a degree of doctor of optometry or an
equivalent degree;
(VI)a degree of doctor of podiatric medicine or
an equivalent degree;
(VII)a degree of bachelor of science in pharmacy
or an equivalent degree;
(VIII)a degree of doctor of pharmacy or an
equivalent degree;
(IX)a graduate degree in public health or an
equivalent degree;
(X)a degree of doctor of chiropractic or an
equivalent degree;
(XI)a graduate degree in health administration
or an equivalent degree;
(XII)a doctoral degree in clinical psychology or
an equivalent degree;
(XIII)a degree in social work or an equivalent
degree; or
(XIV)a degree in counseling or an equivalent
degree.
(B)The terms apprenticeship
program, institution of higher education
, and
postsecondary education
have the meanings given the terms in
subsection (f).
(8)Authorization of
appropriationsThere is
authorized to be appropriated to carry out this subsection $15,000,000 for each
fiscal
year.
.
(b)Section 174(b)(1) of the Workforce
Investment Act of 1998 (29 U.S.C. 2919(b)(1)) is amended by inserting
(other than subsection (f) or (g) of section 171)
after
through 172
.
12.Veterans energy-related employment
program
(a)Section 168 of the Workforce Investment Act
of 1998 (29 U.S.C. 2913) is amended—
(1)by redesignating subsection (b) as
subsection (c);
(2)in subsection (a)—
(A)in subparagraph (B), by striking
and
at the end;
(B)in subparagraph (C), by striking the period
and inserting ; and
; and
(C)by adding at the end the following:
(D)activities described in subsection
(b).
;
and
(3)by inserting after subsection (a) the
following:
(b)Veterans Energy-Related Employment
Program
(1)Establishment of pilot program
(A)To encourage the employment of eligible
veterans in the energy industry, the Secretary shall carry out a Veterans
Energy-Related Employment Program as a pilot program and as a program described
in subsection (a).
(B)Under the pilot program, the Secretary
shall award grants on a competitive basis to 3 States for the establishment and
administration of State Energy-Related Employment Programs. In administering
such a program, the State shall make grants to energy employers and
labor-management organizations that collectively provide covered training,
on-the-job training, apprenticeship programs registered as described in section
171(f)(2)(C) (referred to individually in this subsection as an
apprenticeship program
), and certification classes to eligible
veterans. Such a program may be referred to in this subsection as a
State program
.
(2)To be eligible to receive a grant under the
pilot program, a State shall submit to the Secretary an application that
includes each of the following:
(A)A proposal for the expenditure of grant
funds to establish, and administer through a public-private partnership, a
State Energy-Related Employment Program designed to provide covered training,
on-the-job training, apprenticeship programs, and certification classes to a
significant number of eligible veterans and ensure lasting and sustainable
employment in well-paying jobs in the energy industry.
(B)Evidence that the State has—
(i)a population of eligible veterans, of an
appropriate size for the State program;
(ii)a robust and diverse energy industry;
and
(iii)the ability to carry out the State program
described in the proposal under subparagraph (A).
(C)Such other information and assurances as
the Secretary may require.
(3)A State that is the recipient of a grant
under this subsection shall use the grant funds for each of the following
purposes:
(A)Making grants to energy employers and
labor-management organizations to reimburse such employers and organizations
for the cost of providing covered training, on-the-job training, apprenticeship
programs, and certification classes to eligible veterans.
(B)Conducting outreach to inform energy
employers, labor-management organizations, and veterans, including veterans in
rural areas, of their eligibility or potential eligibility for participation in
the State program.
(4)Under the pilot program, each State that
receives a grant under this subsection shall be subject to each of the
following conditions:
(A)The State shall repay to the Secretary, on
such date as shall be determined by the Secretary, any amount received under
the pilot program that is not used for the purposes described in paragraph
(3).
(B)The State shall submit to the Secretary, at
such times and containing such information as the Secretary shall require,
reports on the use of the grant funds.
(5)In order to receive a grant made by a State
under the pilot program, an energy employer seeking the grant shall, or a
labor-management organization seeking such a grant shall (in coordination with
the energy employer involved)—
(A)submit to the administrator of the State
program an application that includes—
(i)the rate of pay for each eligible veteran
proposed to be served using grant funds;
(ii)the average rate of pay for an individual
employed by the energy employer in a similar position who is not an eligible
veteran; and
(iii)such other information and assurances as
the administrator may require; and
(B)agree to submit to the administrator, for
each quarter, a report containing such information as the Secretary may
specify.
(6)None of the funds made available to an
energy employer or labor-management organization through a grant under the
pilot program may be used to provide services of any kind to a person who is
not an eligible veteran.
(7)The Secretary shall submit to Congress a
report on the pilot program. The Secretary shall submit the report together
with the report required to be submitted annually under section 4107(c) of
title 38, United States Code, and with respect to the same year as is covered
by such report. The report on the pilot program shall include a detailed
description of activities carried out under this subsection and an evaluation
of the program.
(8)Administrative and reporting
costsOf the amounts
appropriated pursuant to the authorization of appropriations under paragraph
(10), 2 percent shall be made available to the Secretary for administrative
costs associated with implementing and evaluating the pilot program under this
subsection and for preparing and submitting the report required under paragraph
(7). The Secretary shall determine the appropriate maximum amount of each grant
awarded under this subsection that may be used by the recipient for
administrative and reporting costs.
(9)In this subsection:
(A)Covered training, on-the-job training,
apprenticeship programs, and certification classesThe
term covered training, on-the-job training, apprenticeship programs, and
certification classes
means training, on-the-job training,
apprenticeship programs, and certification classes that are—
(i)designed to provide a veteran with skills
that are particular to an energy industry and not directly transferable to
employment in another industry; and
(ii)approved as provided in paragraph (1) or
(2), as appropriate, of subsection (a) of section 3687 of title 38, United
States Code.
(B)The term eligible veteran
means a veteran described in subsection (a) who is employed by an energy
employer and enrolled or participating in a covered training, on-the-job
training, apprenticeship program, or certification class.
(C)The term energy employer means
an entity that employs individuals in a trade or business in an energy
industry.
(D)The term energy industry
means any of the following industries:
(i)The energy-efficient building,
construction, or retrofits industry.
(ii)The renewable electric power industry,
including the wind and solar energy industries.
(iii)The biofuels industry.
(iv)The energy efficiency assessment industry
that serves the residential, commercial, or industrial sector.
(v)The oil and natural gas industry.
(vi)The nuclear industry.
(10)There is authorized to be appropriated to
the Secretary $10,000,000 for each of fiscal years 2011 through 2015, for the
purpose of carrying out the pilot program described in this
subsection.
.
(b)Section 174(a)(1) of the Workforce
Investment Act of 1998 (29 U.S.C. 2919(a)(1)) is amended by inserting
(other than section 168(b))
after 168
.
13.Grants for Emergency Medical Services
Personnel Training for VeteransSection 330J(c)(8) of the Public Health
Service Act (42 U.S.C. 254c–15(c)(8)) is amended by inserting before the period
the following: , including, as provided by the Secretary, may use funds
to provide to military veterans required coursework and training that take into
account, and are not duplicative of, previous medical coursework and training
received when such veterans were active members of the Armed Forces, to enable
such veterans to satisfy emergency medical services personnel certification
requirements, as determined by the appropriate State regulatory
entity
.
14.Veterans to Work pilot program
(a)Subchapter III of chapter 169 of title 10,
United States Code, is amended by inserting after section 2856 the following
new section:
2857.Veterans to Work pilot program
(a)The Secretary of Defense shall carry out a
pilot program (to be known as the Veterans to Work pilot
program
) to determine—
(1)the maximum feasible extent to which
apprentices may be employed to work on military construction projects
designated under subsection (b);
(2)the maximum feasible extent to which the
apprentices so employed are veterans; and
(3)the feasibility of expanding the employment
of apprentices to military construction projects in addition to those projects
designated under subsection (b).
(b)Designation of military construction
projects for pilot program(1)For each of fiscal years 2011 through 2015,
the Secretary of Defense shall, in consultation with the Secretaries of the
military departments, designate for inclusion in the pilot program not less
than 20 military construction projects (including unspecified minor military
construction projects under section 2805(a) of this title) that will be
conducted in that fiscal year.
(2)In designating military construction
projects under this subsection, the Secretary of Defense shall—
(A)to the greatest extent possible, designate
military construction projects that are located where there are veterans
enrolled in qualified apprenticeship programs or veterans who could be enrolled
in qualified apprenticeship programs in a cost-effective, timely, and feasible
manner;
(B)ensure geographic diversity among the
military construction projects designated; and
(C)select projects to be carried out in the
continental United States, Alaska, Hawaii, Guam, Puerto Rico, the Northern
Mariana Islands, and the United States Virgin Islands.
(3)Unspecified minor military construction
projects may not exceed 40 percent of the military construction projects
designated under this subsection for a fiscal year.
(c)Any agreement that the Secretary of Defense
or the Secretary of a military department enters into for a military
construction project that is designated for inclusion in the pilot program
shall ensure that, to the maximum extent feasible, apprentices shall be
employed on the project and that, to the maximum extent feasible, such
apprentices shall be veterans.
(d)Qualified apprenticeship and other training
programs
(1)Participation by each contractor
requiredEach contractor and
subcontractor that seeks to provide construction services on military
construction projects designated by the Secretary of Defense pursuant to
subsection (b) shall submit adequate assurances with its bid or proposal that
it participates in a qualified apprenticeship or other training program for
each craft or trade classification of worker that it intends to employ to
perform work on the project.
(2)Qualified apprenticeship or other training
program defined
(A)In this section, the term qualified
apprenticeship or other training program
means an apprenticeship or
other training program that qualifies as an employee welfare benefit plan, as
defined in section 3(1) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(1)).
(B)Certification of other programs in certain
localitiesIn the event that
the Secretary of Labor certifies that a qualified apprenticeship or other
training program (as defined in subparagraph (A)) for a craft or trade
classification of workers that a prospective contractor or subcontractor
intends to employ, is not operated in the locality where the project will be
performed, an apprenticeship or other training program that is not an employee
welfare benefit plan (as defined in such section) may be certified by the
Secretary as a qualified apprenticeship or other training program provided it
is registered with the Office of Apprenticeship of the Department of Labor, or
a State apprenticeship agency recognized by the Office of Apprenticeship for
Federal purposes
(e)(1)Not later than 150 days after the end of
each fiscal year during which the pilot program is active, the Secretary of
Defense shall submit to Congress a report that includes the following:
(A)The progress of military construction
projects designated pursuant to subsection (b) and the role of apprentices in
achieving that progress.
(B)Any challenges, difficulties, or problems
encountered in recruiting apprentices or in recruiting veterans to become
apprentices.
(C)Cost differentials in the designated
military construction projects when compared with similar projects completed
contemporaneously, but not designated for the pilot program.
(D)Evaluation of benefits derived from
employing apprentices, including the following:
(i)Workforce sustainability.
(ii)Workforce skills enhancement.
(iii)Increased short and long term
cost-effectiveness.
(iv)Improved veteran employment in sustainable
wage fields.
(E)Any additional benefits derived from
employing apprentices and veteran apprentices.
(F)Recommendations on how to more effectively
employ apprentices in subsequent fiscal years.
(G)Any other information the Secretary of
Defense considers appropriate.
(2)Not later than March 1, 2016, the Secretary
of Defense shall submit to Congress a report that—
(A)analyzes the pilot program in terms of its
effect on the sustainability of a workforce to meet the military construction
needs of the Armed Forces;
(B)studies overall improvements in veteran
employment in sustainable wage fields or professions; and
(C)makes recommendations on the continuation,
modification, or expansion of the pilot program on the basis of such factors as
the Secretary of Defense determines appropriate, including the
following:
(i)Workforce sustainability.
(ii)Cost-effectiveness.
(iii)Community development.
(f)In this section:
(1)The term apprentice
means an
individual who is employed pursuant to and individually registered in a
qualified apprenticeship or other training program,
as defined
in subsection (d)(2)(A) or other apprenticeship or training programs recognized
in accordance with subsection (d)(2)(B).
(2)The term State
means any of
the several States, the District of Columbia, or territories of Guam, Puerto
Rico, the Northern Mariana Islands, and the United States Virgin
Islands.
(3)The term veteran
has the
meaning given such term under section 101(2) of title
38.
.
(b)The table of sections at the beginning of
subchapter III of chapter 169 of such title is amended by inserting after the
item relating to section 2856 the following new item:
2857. Veterans to Work
pilot
program.
.
15.Report on recommendations for improvements
to the Transition Assistance Program to better meet the needs of members of the
Armed Forces and veterans
(a)Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the Secretary of Labor,
acting through the Assistant Secretary of Labor for Veterans' Employment and
Training, shall jointly submit to the appropriate committees of Congress a
report setting forth recommendations for improvements and enhancements of the
Transition Assistance Program (TAP) in order to better meet the needs of
members of the Armed Forces and veterans.
(b)The report required by subsection (a) shall
include the following:
(1)A description and assessment of the extent
to which the current Transition Assistance Program meets the needs of members
of the Armed Forces and veterans.
(2)Recommendations for improvements and
enhancements of the Transition Assistance Program in order to ensure—
(A)the comprehensiveness of the programs and
activities under the program; and
(B)the consistency of the programs and
activities under the program across the Armed Forces and among the military
installations at which the program is carried out.
(3)Recommendations for improvements and
enhancements of the Transition Assistance Program to ensure that the program
meets the needs of veterans residing in localities in the vicinity of military
installations at which the program is carried out.
(4)A description and assessment of the
programs and activities offered to veterans who have completed participation in
the Transition Assistance Program in order to further assist such veterans in
their continuing transition from military life to civilian life, and
recommendations for programs and activities to improve and enhance such
assistance.
(5)An estimate of the cost of implementing the
recommendations set forth pursuant to paragraphs (2), (3), and (4) during the
five fiscal years beginning after the date of the submittal of the
report.
(6)Such other matters as the Secretary of
Defense and the Secretary of Labor jointly consider appropriate.
(c)Appropriate committees of Congress
definedIn this section, the
term appropriate committees of Congress means—
(1)the Committee on Armed Services, the
Committee on Veterans' Affairs, and the Committee on Appropriations of the
Senate; and
(2)the Committee on Armed Services, the
Committee on Veterans' Affairs, and the Committee on Appropriations of the
House of Representatives.
16.Study on program of transition assistance
modeled on National Guard Employment Enhancement Program of the Washington
National Guard
(a)Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall complete a study of the National Guard Employment Enhancement Program of
the Washington National Guard to assess the feasibility and advisability of
carrying out a program of assistance modeled after such program for all members
of reserve components of the Armed Forces who transition from activity military
service to civilian life.
(b)Upon completion of the study required by
subsection (a), the Secretary shall submit to the appropriate committees of
Congress a report that includes the following:
(1)The findings of the Secretary as a result
of the study.
(2)The recommendation of the Secretary as to
the feasibility and advisability of carrying out a program of assistance as
described in subsection (a).
(3)If the Secretary determines that carrying
out a program of assistance as described in subsection (a) is feasible and
advisable, an estimate of the cost to implement the program of
assistance.
(c)Appropriate committees of Congress
definedIn this section, the
term appropriate committees of Congress means—
(1)the Committee on Armed Services, the
Committee on Veterans' Affairs, and the Committee on Appropriations of the
Senate; and
(2)the Committee on Armed Services, the
Committee on Veterans' Affairs, and the Committee on Appropriations of the
House of Representatives.
1.This Act may be cited as the
Veteran Employment Assistance Act of
2010
.
2.Veterans' business
center program
(a)Section 32 of the
Small Business Act (15 U.S.C. 657b) is amended by striking subsection (f) and
inserting the following:
(f)
(1)In
this subsection, the term veterans' assistance provider
means—
(A)a veterans' business
center established under subsection (g);
(B)an employee of the
Administration assigned to the Office of Veterans Business Development;
and
(C)a veterans business
ownership representative designated under subsection (g)(13)(B).
(2)The
Associate Administrator shall establish an online mechanism to—
(A)provide information that
assists veterans' assistance providers in carrying out the activities of the
veterans' assistance providers; and
(B)coordinate and leverage
the work of the veterans' assistance providers, including by allowing a
veterans' assistance provider to—
(i)distribute best practices
and other materials;
(ii)communicate with other
veterans' assistance providers regarding the activities of the veterans'
assistance provider on behalf of veterans; and
(iii)pose questions to and
request input from other veterans' assistance providers.
(g)Veterans' Business
Center Program
(1)In
this subsection—
(A)the term active
duty has the meaning given that term in section 101 of title 10, United
States Code;
(B)the term private
nonprofit organization means an entity that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code;
(C)the term
Reservist means a member of a reserve component of the Armed
Forces, as described in section 10101 of title 10, United States Code;
(D)the term Service
Corps of Retired Executives means the Service Corps of Retired
Executives authorized under section 8(b)(1);
(E)the term small
business concern owned and controlled by veterans—
(i)has the same meaning as
in section 3(q); and
(ii)includes a small
business concern—
(I)not less than 51 percent
of which is owned by one or more spouses of veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is
owned by one or more spouses of veterans; and
(II)the management and daily
business operations of which are controlled by one or more spouses of
veterans;
(F)the term
spouse, relating to a veteran, service-disabled veteran, or
Reservist, includes an individual who is the spouse of a veteran,
service-disabled veteran, or Reservist on the date on which the veteran,
service-disabled veteran, or Reservist died;
(G)the term veterans'
business center program means the program established under paragraph
(2)(A); and
(H)the term women’s
business center means a women’s business center described in section
29.
(2)
(A)The Administrator, acting through the Associate
Administrator, shall establish a veterans' business center program, under which
the Associate Administrator may provide financial assistance to a private
nonprofit organization to conduct a 5-year project for the benefit of small
business concerns owned and controlled by veterans, which may be renewed for
one or more additional 5-year periods.
(B)Form of Financial
AssistanceFinancial assistance under this subsection may be in
the form of a grant, a contract, or a cooperative agreement.
(3)Veterans' business
centersEach private nonprofit organization that receives
financial assistance under this subsection shall establish or operate a
veterans' business center (which may include establishing or operating
satellite offices in the region described in paragraph (5) served by that
private nonprofit organization) that provides to veterans (including
service-disabled veterans), Reservists, and the spouses of veterans (including
service-disabled veterans) and Reservists—
(A)financial advice,
including training and counseling on applying for and securing business credit
and investment capital, preparing and presenting financial statements, and
managing cash flow and other financial operations of a small business
concern;
(B)management advice,
including training and counseling on the planning, organization, staffing,
direction, and control of each major activity and function of a small business
concern;
(C)marketing advice,
including training and counseling on identifying and segmenting domestic and
international market opportunities, preparing and executing marketing plans,
developing pricing strategies, locating contract opportunities, negotiating
contracts, and using public relations and advertising techniques; and
(D)advice, including
training and counseling, for Reservists and the spouses of Reservists.
(4)
(A)A private nonprofit organization desiring to receive
financial assistance under this subsection shall submit an application to the
Associate Administrator at such time and in such manner as the Associate
Administrator may require.
(B)Each application described in subparagraph (A) shall include
a 5-year plan on proposed fundraising and training activities relating to the
veterans' business center.
(C)Determination and
NotificationNot later than 60 days after the date on which a
private nonprofit organization submits an application under subparagraph (A),
the Associate Administrator shall approve or deny the application and notify
the applicant of the determination.
(D)Availability of
applicationThe Associate Administrator shall make every effort
to make the application under subparagraph (A) available online.
(5)The
Associate Administrator may select to receive financial assistance under this
subsection—
(A)a Veterans Business
Outreach Center established by the Administrator under section 8(b)(17) on or
before the day before the date of enactment of this subsection; or
(B)private nonprofit
organizations located in various regions of the United States, as the Associate
Administrator determines is appropriate.
(6)
(A)The Associate Administrator shall establish selection
criteria, stated in terms of relative importance, to evaluate and rank
applicants under paragraph (5)(C) for financial assistance under this
subsection.
(B)The
selection criteria established under this paragraph shall include—
(i)the experience of the
applicant in conducting programs or ongoing efforts designed to impart or
upgrade the business skills of veterans, and the spouses of veterans, who own
or may own small business concerns;
(ii)for an applicant for
initial financial assistance under this subsection—
(I)the ability of the
applicant to begin operating a veterans' business center within a minimum
amount of time; and
(II)the geographic region to
be served by the veterans' business center;
(iii)the demonstrated
ability of the applicant to—
(I)provide managerial
counseling and technical assistance to entrepreneurs; and
(II)coordinate services
provided by veterans services organizations and other public or private
entities; and
(iv)for any applicant for a
renewal of financial assistance under this subsection, the results of the most
recent examination under paragraph (10) of the veterans' business center
operated by the applicant.
(C)Criteria publicly
availableThe Associate Administrator shall—
(i)make publicly available
the selection criteria established under this paragraph; and
(ii)include the criteria in
each solicitation for applications for financial assistance under this
subsection.
(7)The amount of financial assistance provided under this
subsection to a private nonprofit organization for each fiscal year shall
be—
(A)not less than $150,000;
and
(B)not more than
$200,000.
(8)
(A)
(i)Initial financial
assistanceExcept as provided in clause (ii) and subparagraph
(E), a private nonprofit organization that receives financial assistance under
this subsection shall provide non-Federal contributions for the operation of
the veterans' business center established by the private nonprofit organization
in an amount equal to—
(I)in each of the first and
second years of the project, not less than 33 percent of the amount of the
financial assistance received under this subsection; and
(II)in each of the third
through fifth years of the project, not less than 50 percent of the amount of
the financial assistance received under this subsection.
(ii)A
private nonprofit organization that receives a renewal of financial assistance
under this subsection shall provide non-Federal contributions for the operation
of the veterans' business center established by the private nonprofit
organization in an amount equal to not less than 50 percent of the amount of
the financial assistance received under this subsection.
(B)Form of non-federal
shareNot more than 50 percent of the non-Federal share for a
project carried out using financial assistance under this subsection may be in
the form of in-kind contributions.
(C)The Associate Administrator may disburse not more
than 25 percent of the financial assistance awarded to a private nonprofit
organization before the private nonprofit organization obtains the non-Federal
share required under this paragraph with respect to that award.
(D)Failure to obtain
non-federal funding
(i)If a private nonprofit organization that receives
financial assistance under this subsection fails to obtain the non-Federal
share required under this paragraph during any fiscal year, the private
nonprofit organization may not receive a disbursement under this subsection in
a subsequent fiscal year or a disbursement for any other project funded by the
Administration, unless the Administrator makes a written determination that the
private nonprofit organization will be able to obtain a non-Federal
contribution.
(ii)A
private nonprofit organization prohibited from receiving a disbursement under
clause (i) in a fiscal year may receive financial assistance in a subsequent
fiscal year if the organization obtains the non-Federal share required under
this paragraph for the subsequent fiscal year.
(E)Waiver of non-Federal
share
(i)Upon request by a private nonprofit organization, and in
accordance with this subparagraph, the Administrator may waive, in whole or in
part, the requirement to obtain non-Federal funds under subparagraph (A) for a
fiscal year. The Administrator may not waive the requirement for a private
nonprofit organization to obtain non-Federal funds under this subparagraph for
more than a total of 2 fiscal years.
(ii)In
determining whether to waive the requirement to obtain non-Federal funds under
this subparagraph, the Administrator shall consider—
(I)the economic conditions
affecting the private nonprofit organization;
(II)the impact a waiver
under this subparagraph would have on the credibility of the veterans' business
center program;
(III)the demonstrated
ability of the private nonprofit organization to raise non-Federal funds;
and
(IV)the performance of the
private nonprofit organization.
(iii)The
Administrator may not waive the requirement to obtain non-Federal funds under
this subparagraph if granting the waiver would undermine the credibility of the
veterans' business center program.
(9)A veterans' business center may enter into a contract
with a Federal department or agency to provide specific assistance to veterans,
service-disabled veterans, Reservists, or the spouses of veterans,
service-disabled veterans, or Reservists. Performance of such contract shall
not hinder the veterans' business center in carrying out the terms of the grant
received by the veterans' business centers from the Administrator.
(10)Examination and
determination of viability
(A)
(i)The Associate Administrator shall conduct an annual
examination of the programs and finances of each veterans' business center
established or operated using financial assistance under this
subsection.
(ii)In
conducting the examination under clause (i), the Associate Administrator shall
consider whether the veterans' business center has failed—
(I)to provide the
information required to be provided under subparagraph (B), or the information
provided by the center is inadequate;
(II)the center has failed to
comply with a requirement for participation in the veterans' business center
program, as determined by the Assistant Administrator, including—
- (aa)failure to acquire or
properly document a non-Federal share;
- (bb)failure to establish an
appropriate partnership or program for marketing and outreach to small business
concerns;
- (cc)failure to achieve
results described in a financial assistance agreement; and
- (dd)failure to provide to
the Administrator a description of the amount and sources of any non-Federal
funding received by the center;
(III)to carry out the 5-year
plan under in paragraph (4)(B); or
(IV)to meet the eligibility
requirements under paragraph (5).
(B)In the course of an examination under subparagraph (A),
the veterans' business center shall provide to the Associate
Administrator—
(i)an itemized cost
breakdown of actual expenditures for costs incurred during the most recent full
fiscal year;
(ii)documentation of the
amount of non-Federal contributions obtained and expended by the veterans'
business center during the most recent full fiscal year; and
(iii)with respect to any
in-kind contribution under paragraph (8)(B), verification of the existence and
valuation of such contributions.
(C)Determination of
viabilityThe Associate Administrator shall analyze the results
of each examination under this paragraph and, based on that analysis, make a
determination regarding the viability of the programs and finances of each
veterans' business center.
(D)Discontinuation of
funding
(i)The Associate Administrator may discontinue an award of
financial assistance to a private nonprofit organization at any time if the
Associate Administrator determines under subparagraph (C) that the veterans'
business center operated by that organization is not viable.
(ii)The
Associate Administrator may continue to provide financial assistance to a
private nonprofit organization in a subsequent fiscal year if the Associate
Administrator determines under subparagraph (C) that the veterans' business
center is viable.
(11)
(A)Except as provided in subparagraph (B), a veterans'
business center established or operated using financial assistance provided
under this subsection may not disclose the name, address, or telephone number
of any individual or small business concern that receives advice from the
veterans' business center without the consent of the individual or small
business concern.
(B)A
veterans' business center may disclose information described in subparagraph
(A)—
(i)if the Administrator or
Associate Administrator is ordered to make such a disclosure by a court in any
civil or criminal enforcement action initiated by a Federal or State agency;
or
(ii)to the extent that the
Administrator or Associate Administrator determines that such a disclosure is
necessary to conduct a financial audit of a veterans' business center.
(C)Administration use of
informationThis paragraph does not—
(i)restrict access by the
Administrator to program activity data; or
(ii)prevent the
Administrator from using information not described in subparagraph (A) to
conduct surveys of individuals or small business concerns that receive advice
from a veterans' business center.
(D)The
Administrator shall issue regulations to establish standards for requiring
disclosures under subparagraph (B)(ii).
(12)
(A)Not later than 60 days after the end of each fiscal year,
the Associate Administrator shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of the House
of Representatives a report on the effectiveness of the veterans' business
center program in each region during the most recent full fiscal year.
(B)Each
report under this paragraph shall include, at a minimum, for each veterans'
business center established or operated using financial assistance provided
under this subsection—
(i)the number of individuals
receiving assistance from the veterans' business center, including the number
of such individuals who are—
(I)veterans or spouses of
veterans;
(II)service-disabled
veterans or spouses of service-disabled veterans; or
(III)Reservists or spouses
of Reservists;
(ii)the number of startup
small business concerns formed by individuals receiving assistance from the
veterans' business center, including—
(I)veterans or spouses of
veterans;
(II)service-disabled
veterans or spouses of service-disabled veterans; or
(III)Reservists or spouses
of Reservists;
(iii)the gross receipts of
small business concerns that receive advice from the veterans' business
center;
(iv)the employment increases
or decreases of small business concerns that receive advice from the veterans'
business center;
(v)to the maximum extent
practicable, the increases or decreases in profits of small business concerns
that receive advice from the veterans' business center; and
(vi)the results of the
examination of the veterans' business center under paragraph (10).
(13)Coordination of
efforts and consultation
(A)Coordination and
consultationTo the extent practicable, the Associate
Administrator and each private nonprofit organization that receives financial
assistance under this subsection shall—
(i)coordinate outreach and
other activities with other programs of the Administration and the programs of
other Federal agencies;
(ii)consult with technical
representatives of the district offices of the Administration in carrying out
activities using financial assistance under this subsection; and
(iii)provide information to
the veterans business ownership representatives designated under subparagraph
(B) and coordinate with the veterans business ownership representatives to
increase the ability of the veterans business ownership representatives to
provide services throughout the area served by the veterans business ownership
representatives.
(B)Veterans business
ownership representatives
(i)The
Administrator shall designate not fewer than 1 individual in each district
office of the Administration as a veterans business ownership representative,
who shall communicate and coordinate activities of the district office with
private nonprofit organizations that receive financial assistance under this
subsection.
(ii)The first individual in each district office of the
Administration designated by the Administrator as a veterans business ownership
representative under clause (i) shall be an individual that is employed by the
Administration on the date of enactment of this subsection.
(14)An award of financial assistance under this subsection
shall not void any contract between a private nonprofit organization and the
Administration that is in effect on the date of such award.
(h)Authorization of
appropriationsThere are authorized to be appropriated—
(1)to carry out subsections
(a) through (f), $2,000,000 for each of fiscal years 2011 through 2013;
and
(2)to carry out subsection (g)—
(A)$8,000,000 for fiscal
year 2011;
(B)$8,500,000 for fiscal
year 2012; and
(C)$9,000,000 for fiscal
year
2013.
.
(b)
(1)In
this subsection—
(A)the terms small
business concern and veteran have the meanings given those
terms under section 3 of the Small Business Act (15 U.S.C. 632); and
(B)the terms
Reservist, small business concern owned and controlled by
veterans, and veterans’ business center program have the
meanings given those terms in section 32(g) of the Small Business Act, as added
by this section.
(2)Report on access to
credit
(A)Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit a report
regarding the ability of small business concern owned and controlled by
veterans to access credit to—
(i)the Committee on Veterans' Affairs and the
Committee on Small Business and Entrepreneurship of the Senate; and
(ii)the Committee on Veterans' Affairs and the
Committee on Small Business of the House of Representatives.
(B)The
report submitted under subparagraph (A) shall include an analysis of—
(i)the sources of credit
used by small business concerns owned and controlled by veterans and percentage
of the credit obtained by small business concern owned and controlled by
veterans that is obtained from each source;
(ii)the default rate for
small business concerns owned and controlled by veterans separately for each
source of credit described in clause (i), as compared to the default rate for
the source of credit for small business concerns generally;
(iii)the Federal lending
programs available to provide credit to small business concerns owned and
controlled by veterans;
(iv)gaps, if any, in the
availability of credit for small business concerns owned and controlled by
veterans that are not being filled by the Federal Government or private
sources;
(v)obstacles faced by
veterans in trying to access credit;
(vi)the extent to which
deployment and other military responsibilities affect the credit history of
veterans and Reservists; and
(vii)the extent to which
veterans are aware of Federal programs targeted towards helping veterans access
credit.
(3)Report on veterans’
business center program
(A)Not later than 60 days after the end of the second fiscal
year beginning after the date on which the veterans’ business center program is
established, the Comptroller General of the United States shall evaluate the
effectiveness of the veterans’ business center program, and submit to Congress
a report on the results of that evaluation.
(B)The
report submitted under subparagraph (A) shall include—
(i)an assessment of—
(I)the use of amounts made
available to carry out the veterans’ business center program;
(II)the effectiveness of the
services provided by each private nonprofit organization receiving financial
assistance under the veterans’ business center program;
(III)whether the services
described in clause (ii) are duplicative of services provided by other veteran
service organizations, programs of the Small Business Administration, or
programs of another Federal department or agency and, if so, recommendations
regarding how to alleviate the duplication of the services; and
(IV)whether there are areas
of the United States in which there are not adequate entrepreneurial services
for small business concerns owned and controlled by veterans and, if so,
whether there is a veterans' business center established under the veterans’
business center program providing services to that area; and
(ii)recommendations, if any,
for improving the veterans’ business center program.
3.Reporting requirement
for interagency task force on small businesses owned and controlled by disabled
veteransSection 32(c) of the
Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the
following:
(4)Not
less frequently than twice each year, the Administrator shall submit to
Congress a report on the appointments made to and activities of the task
force.
.
4.Repeal of authority to
award new grants and renewal of previously awarded grants for outreach programs
for veterans
(a)In
this section, the term covered grant, contract, or cooperative
agreement means a grant, contract, or cooperative agreement that
was—
(1)made or entered into
under section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17));
and
(2)in effect on or before
the date described in subsection (b)(2).
(b)
(1)Section 8(b) of the Small Business Act (15 U.S.C. 637(b))
is amended—
(A)in paragraph (15), by
adding and
at the end;
(B)in paragraph (16), by
striking ; and
and inserting a period; and
(C)by striking paragraph
(17).
(2)The amendments made by paragraph (1) shall take effect 60
days after the date of enactment of this Act.
(c)
(1)Notwithstanding any other provision of law, a covered
grant, contract, or cooperative agreement shall remain in full force and effect
under the terms, and for the duration, of the covered grant, contract, or
agreement.
(2)Any organization that was awarded or entered into a
covered grant, contract, or cooperative agreement shall be subject to the
requirements of section 32(g) of the Small Business Act (15 U.S.C. 657b(g)) (as
added by this Act).
(d)Renewal of financial
assistanceAn organization that was awarded or entered into a
covered grant, contract, or cooperative agreement may apply for a renewal of
the grant, contract, or agreement under the terms and conditions described in
section 32(g) of the Small Business Act (15 U.S.C. 657b(g)) (as added by this
Act).
5.Military Pathways
Demonstration Programs
(a)Information Technology
Military Pathways Demonstration Program
(1)The Secretary of Labor, acting through the Assistant
Secretary for Veterans' Employment and Training, after consultation with the
Secretary of Veterans Affairs and the Secretary of Defense, shall establish a
demonstration program and carry out the program by making grants, on a
competitive basis, to not more than 5 entities for demonstration projects. The
projects shall be designed to test the feasibility of methods of enabling
transitioning military members to build on the technical skills learned in many
military jobs, to enter the information technology workforce or continue their
skills development in the information technology disciplines to meet the demand
for information technology workforce readiness in computer specialist and
related information technology jobs.
(2)In carrying out the program, the Secretary may examine
the feasibility of methods such as the following:
(A)Methods to improve the
transitions, skills development, and employment of transitioning military
members for and in information technology occupations with wages sufficient to
support families.
(B)Methods to align the
information technology skills acquired in military occupations with skills
required in civilian information technology occupations in new, emerging, or
viable industries, including aligning the skills—
(i)using guidelines for
assessments and credentials that employers value in the hiring process, and
credentials that are industry-recognized and approved by the Secretary;
and
(ii)by means that may
include the use of a modified or enhanced Department of Defense transition
program or a Department of Labor transition program, such as the program
carried out under chapter 41 of title 38, United States Code.
(C)Methods to ensure that
military members receive education and training, including training through
apprenticeship programs, and necessary support services, that are flexible,
available (including available for deployed military members), adequate for
individuals seeking to make the transition to civilian information technology
occupations, and consistent with academic requirements of the institution
involved.
(D)Methods to enable
military members to accelerate application for admission, acceptance, and
graduation as students in computer science, engineering, and related
disciplines at 2-year and 4-year institutions of higher education, based on
military credentials and experience.
(E)Methods to help military
members obtain information technology credentials that are industry-recognized,
are approved by the Secretary, and satisfy both military requirements and
civilian requirements, prior to release of the members from the
military.
(3)To
be eligible to receive a grant under this subsection, an entity shall submit an
application to the Secretary at such time, in such manner, and containing such
information as the Secretary may require, including each of the
following:
(A)An assurance that the
entity agrees that, in carrying out the project, the entity will work in
conjunction with a local board and enter into a partnership that includes, as
principal partners, employers, labor organizations, postsecondary education
institutions including institutions of higher education, veterans service
organizations, and other community organizations.
(B)Information—
(i)demonstrating the
capability of the entity in working with transitioning military members;
(ii)demonstrating that the
entity has a history of effective collaboration with—
(I)the information
technology industry or an industry with significant information technology
jobs;
(II)State boards or local
boards, as appropriate; and
(III)institutions of higher
education and other information technology educators or trainers; and
(iii)demonstrating knowledge
of training and best practices of the information technology industry.
(C)An assurance that the
entity will participate in the Secretary's evaluation plan for the
demonstration program, including participating in required reporting for the
plan.
(4)In order to select entities to receive grants for
projects under this subsection, the Secretary shall establish selection
criteria consistent with this subsection and shall ensure that the criteria
give priority to each of the following types of entities:
(A)Entities that demonstrate
the ability to leverage public or private funds to sustain such a project after
the grant period.
(B)Entities that have
relationships with institutions of higher education or with qualified
community-based organizations that provide training.
(C)Entities that have
relationships with employers, labor organizations, and other entities that will
provide earn and learn opportunities to veterans.
(D)Entities that have
experience working with veterans and facilitating transitions from military to
civilian work environments.
(E)Entities that have
experience designing contextualized learning programs that integrate basic
adult education with skills training.
(5)Program evaluation and
technical assistanceUsing not more than 10 percent of the amount
made available to carry out this subsection, the Secretary may—
(A)conduct an evaluation to
determine promising methods of increasing the number of highly skilled
transitioning military members who enter civilian information technology
occupations and earn wages sufficient to support families; and
(B)provide technical
assistance to entities receiving grants under this subsection, relating to the
promising methods.
(6)In
this subsection, the term information technology means any
equipment or interconnected system or subsystem of equipment—
(A)used in the automatic
acquisition, storage, analysis, evaluation, manipulation, management, movement,
control, display, switching, interchange, transmission, or reception of data or
information; and
(B)includes the
following:
(i)Computers.
(ii)Ancillary equipment for
computers (including imaging peripherals, and input, output, and storage
devices necessary for security and surveillance).
(iii)Peripheral equipment
designed to be controlled by the central processing unit of a computer.
(iv)Software.
(v)Computer services
(including support services).
(vi)Other computer-related
resources.
(7)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this subsection $4,000,000 for each of fiscal years 2011 through
2013.
(b)Nursing, Public Health
and Allied Health Professional, and Physician Assistant Military Pathways
Demonstration Program
(1)The Secretary of Labor, acting through the Assistant
Secretary for Veterans' Employment and Training, after consultation with the
Secretary of Veterans Affairs, Secretary of Defense, and Secretary of Health
and Human Services, shall establish a demonstration program and carry out the
program by making grants, on a competitive basis, to not more than 5 entities
for demonstration projects. The projects shall be designed to test the
feasibility of methods of enabling transitioning military members to build on
the technical skills learned in many military jobs, to enter the nursing,
public health and allied health professional, and physician assistant
workforces or continue their skills development in disciplines related to those
workforces to meet the demand for nurses, public health and allied health
professionals, and physician assistants.
(2)In carrying out the program, the Secretary may examine
the feasibility of methods such as the following:
(A)Methods to improve the
transitions, skills development, and employment of transitioning military
members for and in nursing, public health and allied health professional, and
physician assistant occupations with wages sufficient to support
families.
(B)Methods to align nursing,
public health and allied health professional, and physician assistant skills
acquired in military occupations with skills required in related civilian
health occupations, including aligning the skills—
(i)using guidelines for
assessments and credentials that employers value in the hiring process, and
credentials that are industry-recognized and approved by the Secretary;
and
(ii)by means that may
include the use of a modified or enhanced Department of Defense transition
program or a Department of Labor transition program, such as the program
carried out under chapter 41 of title 38, United States Code.
(C)Methods to ensure that
military members receive education and training, including training through
apprenticeship programs, and necessary support services, that are flexible,
available (including available for deployed military members), adequate for
individuals seeking to make the transition to civilian nursing, public health
and allied health, and physician assistant occupations, and consistent with
academic requirements of the institution involved.
(D)Methods to align
education and training programs, including apprenticeship programs, for
veterans in nursing, public health and allied health professional, and
physician assistant occupations with education and training programs for those
occupations that are provided for the public.
(E)Methods to enable
military members to accelerate application for admission, acceptance, and
graduation as students in nursing, public health and allied health, and
physician assistant disciplines at 2-year and 4-year institutions of higher
education, based on military credentials and experience.
(F)Methods to help military
members obtain credentials related to those health care occupations that are
industry-recognized, are approved by the Secretary, and satisfy both military
requirements and civilian requirements, prior to release of the members from
the military.
(3)To
be eligible to receive a grant under this subsection, an entity shall submit an
application to the Secretary at such time, in such manner, and containing such
information as the Secretary may require including each of the
following:
(A)An assurance that the
entity agrees that, in carrying out the project, the entity will work in
conjunction with a local board and enter into a partnership that includes, as
principal partners, employers, labor organizations, postsecondary education
institutions including institutions of higher education, veterans service
organizations, and other community organizations.
(B)Information—
(i)in demonstrating the
capability of the entity in working with transitioning military members;
(ii)demonstrating that the
entity has a history of effective collaboration with—
(I)health care
employers;
(II)State boards or local
boards, as appropriate; and
(III)institutions of higher
education and other nursing, public health and allied health professional, and
physician assistant educators or trainers; and
(iii)demonstrating knowledge
of training and best practices of the health care industry.
(C)An assurance that the
entity will participate in the Secretary's evaluation plan for the
demonstration program, including participating in required reporting for the
plan.
(4)In order to select entities to receive grants for
projects under this subsection, the Secretary shall establish selection
criteria consistent with this subsection and shall ensure that the criteria
give priority to entities that demonstrate the ability to leverage of public or
private funds to sustain such a project after the grant period.
(5)Program evaluation and
technical assistanceUsing not more than 10 percent of the amount
made available to carry out this subsection, the Secretary may—
(A)conduct an evaluation to
determine promising methods of increasing the number of highly skilled
transitioning military members who enter civilian nursing, public health and
allied health, or physician assistant occupations and earn wages sufficient to
support families; and
(B)provide technical
assistance to entities receiving grants under this subsection, relating to the
promising methods.
(6)In
this subsection, the term allied health professional means a
health professional (other than a registered nurse or physician assistant)
who—
(A)has received a
certificate, an associate degree, a baccalaureate degree, a master's degree, a
doctoral degree, or postbaccalaureate training, in a science relating to health
care;
(B)shares in the
responsibility for the delivery of health care services or related services,
including—
(i)services relating to the
identification, evaluation, and prevention of disease and disorders;
(ii)dietary and nutrition
services;
(iii)health promotion
services;
(iv)rehabilitation services;
or
(v)health systems management
services; and
(C)has not received—
(i)a degree of doctor of
medicine;
(ii)a degree of doctor of
osteopathy;
(iii)a degree of doctor of
dentistry or an equivalent degree;
(iv)a degree of doctor of
veterinary medicine or an equivalent degree;
(v)a degree of doctor of
optometry or an equivalent degree;
(vi)a degree of doctor of
podiatric medicine or an equivalent degree;
(vii)a degree of bachelor of
science in pharmacy or an equivalent degree;
(viii)a degree of doctor of
pharmacy or an equivalent degree;
(ix)a graduate degree in
public health or an equivalent degree;
(x)a degree of doctor of
chiropractic or an equivalent degree;
(xi)a graduate degree in
health administration or an equivalent degree;
(xii)a doctoral degree in
clinical psychology or an equivalent degree;
(xiii)a degree in social
work or an equivalent degree; or
(xiv)a degree in counseling
or an equivalent degree.
(7)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this subsection $4,000,000 for each of fiscal years 2011 through
2013.
(c)Law enforcement and
security military pathways demonstration program
(1)The Secretary of Labor, acting through the Assistant
Secretary of Labor for Veterans' Employment and Training and after consultation
with the Secretary of Veterans Affairs and the Secretary of Defense, shall
establish a demonstration program and carry out the program by making grants,
on a competitive basis, for demonstration projects. The projects shall be
designed to test the feasibility of methods of enabling transitioning military
members to build on skills learned in many military jobs, to enter the law
enforcement and security workforce or continue their skills development in law
enforcement and security disciplines to meet the demand for law enforcement and
security officers.
(2)In any 12-month period of the demonstration program, the
Secretary may not award more than 5 grants for demonstration projects described
in this subsection.
(3)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this subsection $4,000,000 for each of fiscal years 2011 through
2013.
(d)Monitoring of use of
fundsThe Secretary shall monitor and evaluate the use of amounts
made available through grants made under this section. In monitoring and
evaluating the use of such amounts, the Secretary shall collect from the grant
recipients such information as the Secretary considers to be appropriate,
including data on the outcomes relating to the services provided to each
veteran under this section.
(e)Not
later than 180 days after the completion of the demonstration programs carried
out under subsections (a), (b), and (c), the Secretary shall prepare and
submit, to the appropriate committees of Congress and heads of appropriate
Federal agencies, a report on the findings and outcomes of the demonstration
programs. The report shall include analysis and a description of methods for
enabling veterans to transfer military occupational skills from military
service to employment in the civilian labor market. The Secretary shall broadly
distribute the report through the veterans service organizations, State boards,
and local boards.
(f)In
this section:
(1)The term apprenticeship program means a
program registered under the Act of August 16, 1937 (commonly known as the
National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C.
50 et seq.).
(2)Institution of higher
educationThe term institution of higher education
has the meaning given the term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
(3)The term postsecondary education
means—
(A)a 4-year program of
instruction, or not less than a 1-year program of instruction that is
acceptable for credit toward a baccalaureate degree or an associate degree,
offered by an institution of higher education; or
(B)a certificate or
apprenticeship program at the postsecondary level offered by an institution of
higher education, a nonprofit educational institution, or a labor-management
partnership.
(4)Workforce investment
definitionsThe terms adult education,
community-based organization, local board,
Secretary, State board, and veteran have
the meanings given the terms in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801).
6.Veterans corps grant
programs
(a)
(1)The Secretary of Veterans Affairs shall, in consultation
with the Secretary of Labor, establish—
(A)a grant program to award
grants to States to establish veteran-to-veteran corps; and
(B)a grant program to award
grants to States to establish veterans conservation corps.
(2)The
Secretary of Veterans Affairs shall carry out each grant program established
under paragraph (1) during the three-year period beginning on the date of the
commencement of the grant program.
(3)The amount of a grant awarded to a State under this
section in any year may not exceed $250,000.
(4)In any 12-month period of a grant program established
under paragraph (1), the Secretary may not award more than five grants under
that program.
(b)For purposes of this section, a veteran-to-veteran corps is
a corps that—
(1)is established by a State
or State-approved entity—
(A)within the veterans
agency of the State; or
(B)in affiliation with the
veterans agency of the State; and
(2)provides veterans with
volunteer and employment opportunities with respect to projects for one or more
of the following:
(A)Meeting the needs of
homeless veterans.
(B)Helping veterans find
gainful employment, including entrepreneurship opportunities.
(C)Connecting veterans with
the care and benefits they may be eligible for under laws administered by the
Secretary.
(c)Veterans Conservation
CorpsFor purposes of this section, a veterans conservation corps
is a corps that—
(1)is established by a
State—
(A)within the veterans
agency of the State; or
(B)in affiliation with the
veterans agency of the State; and
(2)provides veterans with
volunteer and employment opportunities with respect to conservation projects
for one or more of the following:
(A)To restore natural
habitat.
(B)To maintain Federal,
State, or local—
(i)forest lands;
(ii)parks and reserves;
and
(iii)other reservations,
water, and outdoor lands.
(C)To maintain and improve
urban and suburban storm water management facilities and other water management
facilities.
(D)To carry out hazardous
materials and spills response, energy efficiency and other environmental
maintenance, stewardship, and restoration projects.
(d)Training, Education,
and Certification
(1)A State receiving a grant under this section to establish
a veteran-to-veteran corps or a veterans conservation corps shall ensure that
such corps incorporates into the volunteer and employment opportunities
provided by such corps sufficient training, education, and certification in
related fields.
(2)Such
State shall ensure that, in incorporating training, education, and
certification into volunteer and employment opportunities under paragraph (1),
the veteran-to-veteran corps and the veterans conservation corps consults with
the following:
(A)State and local workforce
investment boards.
(B)Local institutions of
higher education, including community colleges.
(C)Private schools.
(D)State or local agencies,
including State employment agencies and State forest services.
(E)Labor
organizations.
(F)Business involved in the
environmental industry, in the case of the veterans conservation corps.
(G)Veteran-owned businesses
and businesses serving veterans, in the case of the veteran-to-veteran
corps.
(H)Such other entities as
the Secretary of Veterans Affairs considers appropriate.
(e)A State receiving a grant under this section to
establish a veteran-to-veteran corps or veterans conservation corps shall
ensure that such corps partners with one-stop centers, State and local
workforce investment boards, and other State agencies to assist veterans
enrolled in such corps in obtaining employment in related fields.
(f)
(1)A State receiving a grant under this section to establish a
veteran-to-veteran corps shall ensure that such corps—
(A)assesses of the veterans
participating in the Corps the skills to help such veterans identify
appropriate employment opportunities in their local communities that utilize
the skills they developed while in the Armed Forces;
(B)makes use of the
abilities of participating veterans to help other veterans and, when
practicable, provides opportunities for participating veterans to provide
assistance to veterans who have experience similar circumstances;
(C)assists with or provides
referrals for obtaining benefits available to veterans;
(D)facilitates internships
or job shadowing for veterans; and
(E)matches veterans with
veteran assistance projects that are aligned with the goals of the veterans
participating in the corps.
(2)Veterans conservation
corpsA State receiving a grant under this section to establish a
veterans conservation corps shall ensure that such corps—
(A)assesses of the veterans
participating in the Corps the skills to help such veterans identify
appropriate employment opportunities in their local communities that utilize
the skills they developed while in the Armed Forces;
(B)assists with or provides
referrals for obtaining benefits available to veterans;
(C)facilitates internships
or job shadowing for veterans; and
(D)matches veterans with
conservation projects that are aligned with the goals of the veterans.
(3)Partnership with State
and local workforce investment boardsIn carrying out
subparagraphs (A) and (D) of paragraph (1) and subparagraphs (A) and (C) of
paragraph (2), the State shall partner with State and local workforce
investment boards.
(g)Each State receiving a grant under this section shall
submit to the Secretary and the appropriate committees of Congress an annual
report, submitted within one-year of the receipt of the grant, on the
performance of the veteran-to-veteran corps or the veterans conservation corps
of such State, including the following:
(1)A description of how the
grant amount was used.
(2)An assessment of the
performance of such corps, including a description of the current veterans
labor market in such State and the veterans labor market in such State in the
previous year.
(h)In
this section:
(1)Appropriate committees
of congressThe term appropriate committees of
Congress means—
(A)the Committee on
Appropriations and the Committee on Veterans' Affairs of the Senate; and
(B)the Committee on
Appropriations and the Committee on Veterans' Affairs of the House of
Representatives.
(2)Institution of higher
educationThe term institution of higher education
has the meaning given the term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
(3)The term one-stop center means a one-stop
center described in section 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c)).
(4)State and local
workforce investment boardsThe term State and local
workforce investment boards means a State workforce investment board and
a local workforce investment board as such terms are defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801).
7.Report and study on
Transition Assistance Program
(a)Report on recommendations for improvements
to the Transition Assistance Program to better meet the needs of members of the
Armed Forces and veterans
(1)Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the Secretary of Labor,
acting through the Assistant Secretary of Labor for Veterans' Employment and
Training, shall jointly submit to the appropriate committees of Congress a
report setting forth recommendations for improvements and enhancements of the
Transition Assistance Program (TAP) in order to better meet the needs of
members of the Armed Forces and veterans.
(2)The report required by paragraph (1) shall
include the following:
(A)A description and assessment of the extent
to which the current Transition Assistance Program meets the needs of members
of the Armed Forces and veterans.
(B)Recommendations for improvements and
enhancements of the Transition Assistance Program in order to ensure—
(i)the comprehensiveness of the programs and
activities under the program; and
(ii)the consistency of the programs and
activities under the program across the Armed Forces and among the military
installations at which the program is carried out.
(C)Recommendations for improvements and
enhancements of the Transition Assistance Program to ensure that the program
meets the needs of veterans residing in localities in the vicinity of military
installations at which the program is carried out.
(D)A description and assessment of the
programs and activities offered to veterans who have completed participation in
the Transition Assistance Program in order to further assist such veterans in
their continuing transition from military life to civilian life, and
recommendations for programs and activities to improve and enhance such
assistance.
(E)An estimate of the cost of implementing the
recommendations set forth pursuant to subparagraphs (B), (C), and (D) during
the five fiscal years beginning after the date of the submittal of the
report.
(F)Such other matters as the Secretary of
Defense and the Secretary of Labor jointly consider appropriate.
(b)Study on program of transition assistance
modeled on National Guard Employment Enhancement Program of the Washington
National Guard
(1)Not later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall complete a study of the National Guard Employment Enhancement Program of
the Washington National Guard to assess the feasibility and advisability of
carrying out a program of assistance modeled after such program for all members
of reserve components of the Armed Forces who transition from active military
service to civilian life.
(2)Upon completion of the study required by
paragraph (1), the Secretary shall submit to the appropriate committees of
Congress a report that includes the following:
(A)The findings of the Secretary as a result
of the study.
(B)The recommendation of the Secretary as to
the feasibility and advisability of carrying out a program of assistance as
described in paragraph (1).
(C)If the Secretary determines that carrying
out a program of assistance as described in paragraph (1) is feasible and
advisable, an estimate of the cost to implement the program of
assistance.
(c)Appropriate committees of Congress
definedIn this section, the
term appropriate committees of Congress means—
(1)the Committee on Armed Services, the
Committee on Veterans' Affairs, and the Committee on Appropriations of the
Senate; and
(2)the Committee on Armed Services, the
Committee on Veterans' Affairs, and the Committee on Appropriations of the
House of Representatives.
8.3-year longitudinal
study on the impact of gender in unemployment among veterans
(a)
(1)Subject to the availability of appropriated funds, the
Secretary of Labor, acting through the Assistant Secretary for Veterans’
Employment and Training (referred to in this section as the
Secretary
), shall conduct a study to determine whether gender
impacts the need of unemployed veterans to collect unemployment benefits. The
study shall be a longitudinal study, using a statistically valid sample of each
group of individuals described in paragraph (2). The Secretary shall study the
groups over a period of not less than 3 years.
(2)The groups of individuals described in this paragraph are
each of the following:
(A)Unemployed women veterans
who do not have dependents and who were discharged or released from the
military within the past 10 years.
(B)Unemployed male veterans
who do not have dependents and who were discharged or released from the
military within the past 10 years.
(C)Unemployed women veterans
who have dependents and who were discharged or released from the military
within the past 10 years.
(D)Unemployed male veterans
who have dependents and who were discharged or released from the military
within the past 10 years.
(3)The Secretary shall collect for the study required under
paragraph (1) any data the Secretary determines are necessary to determine
whether gender impacts the individuals’ need to collect unemployment benefits.
The Secretary may add data elements to the study from time to time as
necessary. In addition, the Secretary shall collect through the study, for
inclusion in each report under subsection (b), all of the following
information:
(A)Any unemployment benefits
received by such individuals.
(B)The average number of
months such individuals served on active duty in the Armed Forces.
(C)The distribution of
disability ratings of such individuals.
(D)The types of other
benefits administered by the Secretary and received by such individuals.
(E)The types of benefits
received by such individuals under the old-age, survivors, and disability
insurance benefits program established under title II of the Social Security
Act (42 U.S.C. 401 et seq.).
(F)The average number of
months such individuals were unemployed during the year covered by the
study.
(G)The average annual
starting and ending salary of such individuals in their most recent
employment.
(H)The number of such
individuals with postsecondary education.
(I)The average number of
postsecondary academic credit hours completed, and degrees and certificates
earned, by such individuals during the year covered by the study.
(J)The average number of
visits such individuals made to a Department of Veterans Affairs medical
facility during the year covered by the study.
(K)The average number of
visits such individuals made to a non-Department of Veterans Affairs medical
facility during the year covered by the study.
(L)The average annual income
of such individuals.
(M)The average total
household income of such individuals for the year covered by the study.
(N)The percentage of such
individuals who own their principal residences.
(O)The average number of
dependents of each such individual.
(b)By not later than the July 1 after each year covered by
the study required under subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the House of Representatives and the
Committee on Veterans' Affairs of the Senate a report on the study during the
covered year.
9.Reauthorization
of demonstration project on credentialing and licensure of
veteransSection 4114 of title
38, United States Code, is amended—
(1)in subsection
(b)—
(A)in paragraph
(1), by inserting , including the emergency medical services
industry
after demand
; and
(B)in paragraph (3), by
inserting before the period at the end the following: to ensure that
satisfaction of such requirements may take into account, and be not duplicative
of, previous coursework and training received by such members while such
members were active members of the Armed Forces
;
(2)in subsection
(e), by inserting the Secretary of Health and Human Services,
after Veterans Affairs,
; and
(3)in subsection (g)—
(A)by striking
The period
and inserting The periods
; and
(B)by striking
period beginning on
and all that follows through the period and
inserting the following: “periods as follows:
(1)The period
beginning on the date that is 60 days after the date of the enactment of the
Veterans Benefits, Health Care, and Information Technology Act of 2006 and
ending on September 30, 2009.
(2)The period beginning on
October 1, 2011, and ending on September 30,
2013.
.
September 2, 2010
Reported with an amendment