I
111th CONGRESS
1st Session
H. R. 4220
IN THE HOUSE OF REPRESENTATIVES
December 8, 2009
Mr. Buyer (for himself, Mr. Moran of Kansas, Mr. Brown of South Carolina, Mr. Miller of Florida, Mr. Boozman, Mr. Bilirakis, Mr. Buchanan, Mr. Roe of Tennessee, Mr. Bilbray, and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committees on Education and Labor and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title 38, United States Code, to make certain improvements in the laws administered by the Secretary of Veterans Affairs relating to small business concerns and employment assistance, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Promoting Jobs for Veterans Act of
2009
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Title I—PROMOTING JOBS FOR VETERANS THROUGH SMALL BUSINESS PROGRAMS
Sec. 101. Promoting jobs for veterans through the reauthorization and improvement of Department of Veterans Affairs small business loan program.
Sec. 102. Promoting jobs for veterans through the use of sole source contracts by Department of Veterans Affairs for purposes of meeting the contracting goals and preferences of the Department of Veterans Affairs for small business concerns owned and controlled by veterans.
Sec. 103. Promoting jobs for veterans through the treatment of small business concerns owned and controlled by veterans as socially and economically disadvantaged.
Sec. 104. Promoting jobs for veterans through the extension of period of eligibility for certain assistance for small business concerns owned by an individual who is called or ordered to active duty.
Title II—PROMOTING JOBS FOR VETERANS THROUGH EMPLOYMENT ASSISTANCE PROGRAMS
Sec. 201. Promoting jobs for veterans through the increase in the amount of subsistence allowance payable to veterans participating in vocational rehabilitation programs.
Sec. 202. Promoting jobs for veterans through the establishment of a vocational rehabilitation internship program.
Sec. 203. Promoting jobs for veterans through the payment of an employment training assistance.
Sec. 204. Promoting jobs for veterans through the payment of an assistance allowance for rural veteran teachers.
Sec. 205. Promoting jobs for veterans through the authorization of appropriations for veterans’ workforce investment programs.
Sec. 206. Promoting jobs for veterans through the promotion of the VetSuccess Internet website.
References to title 38, United States Code
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.
PROMOTING JOBS FOR VETERANS THROUGH SMALL BUSINESS PROGRAMS
Promoting jobs for veterans through the reauthorization and improvement of Department of Veterans Affairs small business loan program
Reauthorization
In general
Chapter 37 is amended by striking section 3751.
Clerical amendment
The table of sections at the beginning of such chapter is amended by striking the item relating to section 3751.
Conforming amendment
Section 3749 is amended by striking subsection (e).
Expansion of eligibility for small business loans
Chapter 37, as amended by subsection (a), is further amended—
in section 3741—
by striking paragraph (2);
by striking
this subchapter—
and all that follows through
and inserting disabled veteran
this
subchapter, the term
; anddisabled veteran
by striking
30 percent
and inserting 10 percent
; and
in section
3742(a)(3)(A), by striking of the Vietnam era or disabled
veterans
.
Repeal of authority To make direct loans
Chapter 37, as amended by subsections (a) and (b), is further amended—
in section 3742—
in subsection (a)—
in
paragraph (2), by striking (A) loan guaranties, or (B) direct
loans
and inserting loan guarantees
; and
in
paragraph (3)(A), by striking and that at least 51 percent of a business
concern must be owned by disabled veterans in order for such concern to qualify
for a direct loan
;
in subsection (b)—
by striking paragraph (1) and redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and
in
paragraph (2), as so redesignated, by striking make or
;
in subsection (c),
by striking made or
;
in subsection (d)—
by striking paragraph (2);
by
striking (1) Except as provided in paragraph (2) of this subsection,
the
and inserting The
; and
by
striking make or
; and
in subsection (e)—
in paragraph (1)—
in the first
sentence, by striking or, if the loan was a direct loan made by the
Secretary, may suspend such obligation
; and
in the second
sentence, by striking or while such obligation is
suspended
;
by
striking or suspend
each place it appears;
by
striking or suspension
each place it appears
by
striking or suspends
each place it appears; and
in
paragraph (4)(B), by striking or suspended
;
in section 3743—
by striking
that is provided a direct loan under this subchapter, or
;
by striking the
comma between subchapter
and shall
;
by striking
direct or
; and
by striking
for the amount of such direct loan or, in the case of a guaranteed
loan,
;
in section 3746,
by striking made or
both places it appears;
in section
3749(b), by striking and direct loan
; and
in section 3750, by striking made
or
.
Increase of maximum guaranty amount
Section 3742(b)(2), as redesignated by
subsection (c)(1)(B)(i), is amended by striking $200,000
and
inserting $500,000
.
Authority To enter into a contract
Section 3742, as amended by subsection (c), is further amended by adding at the end the following new subsection:
The Secretary shall enter into a contract with an appropriate entity for the purpose of carrying out the program under this subchapter.
.
Authority of Secretary To subsidize interest rates of guaranteed loan
Section 3745 is amended by striking subsection (b) and inserting the following new subsection (b):
For any loan guaranteed under this subchapter, the Secretary may pay to the lender such amounts as may be required to reduce the rate of interest payable by the veterans’ small business concern by up to one-half of one percent, except that the rate of interest payable by such concern shall not be less than one-half of one percent.
.
Preference for members of National Guard and Reserves activated in support of Global War on Terrorism
Section 3748 is amended—
by striking
and, second
and inserting second
; and
by inserting
before the period at the end , and, third, to veterans’ small business
concern in which veterans who, as members of a reserve component, are activated
in support of the Global War on Terrorism have a significant ownership
interest
.
Authorization of appropriations
Section 3749(c)(1) is amended by striking a
total of $25,000,000
and inserting $1,000,000,000 for each
fiscal year
.
Promoting jobs for veterans through the use of sole source contracts by Department of Veterans Affairs for purposes of meeting the contracting goals and preferences of the Department of Veterans Affairs for small business concerns owned and controlled by veterans
In general
Section 8127(c) is
amended by striking may
and inserting
shall
.
Deadline for interim policy guidance
By not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall issue interim policy guidance to carry out the amendment made by subsection (a).
Promoting jobs for veterans through the treatment of small business concerns owned and controlled by veterans as socially and economically disadvantaged
Section 8128 is amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection:
Treatment as socially and economically disadvantaged
The Secretary may evaluate a bid submitted by a small business concern owned and controlled by veterans and award a contract to such a concern on the same basis as the Administrator of the Small Business Administration may evaluate a bid submitted by a socially and economically disadvantaged small business concern and award a contract to such a concern under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
.
Promoting jobs for veterans through the extension of period of eligibility for certain assistance for small business concerns owned by an individual who is called or ordered to active duty
Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended to read as follows:
Subject to the provisions of paragraph (10)(C), a small business concern may receive developmental assistance under the Program and contracts under section 8(a) for a total period of not longer than nine years, measured from the date of its certification under the authority of such section, of which—
no more than four years may be spent in the developmental stage of Program Participation; and
no more than five years may be spent in the transitional stage of Program Participation.
Notwithstanding subparagraph (A), a small business concern that is owned by an individual who is called or ordered to active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) may receive developmental assistance under the Program and contracts under section 8(a) for a total period of not longer than the sum of—
9 years, as measured from the date of the certification of such concern under the authority of such section; and
the length of time such individual is called or ordered to active duty for a period of more than 30 days during the 9-year period described in clause (i).
.
PROMOTING JOBS FOR VETERANS THROUGH EMPLOYMENT ASSISTANCE PROGRAMS
Promoting jobs for veterans through the increase in the amount of subsistence allowance payable to veterans participating in vocational rehabilitation programs
Increase in subsistence allowance
Section 3108(b) is amended by striking paragraph (1) and inserting the following new paragraph (1):
Except as otherwise provided in this section, the Secretary shall determine the subsistence allowance to be paid to a veteran under this chapter. Such amount shall be the greater of the following amounts:
The amount equal to the amount 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 veteran is pursuing the program under this chapter.
The amount determined by the Secretary in accordance with the following table, which shall be the monthly amount shown in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the appropriate type of program being pursued as specified in column I:
| Column I | Column II | Column III | Column IV | Column V |
| Type of program | No dependents | One dependent | Two dependents | More than two dependents |
| The amount in column IV, plus the following for each dependent in excess of two: | ||||
| Full-time | $1,200 | $1,500 | $1,800 | $120 |
| Three-quarter time | $900 | $1,125 | $1,350 | $90 |
| Half-time | $600 | $750 | $900 | $60 |
.
Effective date
The amendment made by subsection (a) shall apply with respect to a payment made for the third month beginning after the date of the enactment of this Act and each subsequent month.
Promoting jobs for veterans through the establishment of a vocational rehabilitation internship program
In general
Chapter 31 is amended by inserting after section 3116 the following new section:
Internship program
Internship program
The Secretary shall carry out an internship program through which the Secretary shall award internships to up to 2,000 veterans each year in accordance with this section. The recipient of an internship under this section shall be employed in the Veterans Benefits Administration for the duration of the internship.
Eligibility
To be eligible to receive an internship under this section a veteran shall have completed a rehabilitation program under this chapter. In awarding internships under this section, the Secretary shall give a preference to a veteran who has completed a program of long-term education or training, as determined by the Secretary.
Salary; benefits
Each recipient of an internship under this section shall be paid at a rate determined by the Secretary, except that such rate shall be at least the maximum annual rate of basic pay payable for grade GS–3 of the General Schedule under section 5332 of title 5, United States Code, and shall not exceed the maximum annual rate of basic pay payable for grade GS–5 of such schedule.
Each such recipient shall be entitled to leave on the same basis as employees of the Department who are paid at the same annual rate, except that such recipient may not be reimbursed for any unused leave at the end of the internship.
The Secretary shall furnish hospital care, medical services, and nursing home care to each recipient of an internship under this section on the same basis as a veteran described in subsection (B) of paragraph (2) of subsection (a) of section 1710 of this title unless the recipient is eligible for such care and services under subparagraph (A) of such paragraph or under paragraph (1) of such subsection.
The recipient of an internship under this section may receive an allowance under section 3108 of this title if such recipient is entitled to such an allowance.
Duration
No internship under this section shall exceed 12 months in duration.
Outreach
The Secretary shall notify each participant in a rehabilitation program under this chapter of the internship program under this section.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to 3116 the following new item:
3116A. Internship program.
.
Promoting jobs for veterans through the payment of an employment training assistance
In General
Chapter 36 is amended by inserting after section 3687 the following new section:
Additional training assistance for unemployed veterans pursuing apprenticeships or other on-job training.
Monthly training assistance allowance
A covered veteran shall be paid a monthly training assistance allowance under this section for each month that the veteran is enrolled in a program of apprenticeship described in paragraph (1) of subsection (a) of section 3687 of this title or a program of other on-job training described in paragraph (2) of such subsection.
Amount
The amount of the monthly training assistance allowance under this section is the amount 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 veteran resides.
Duration
A covered veteran may receive training assistance under this section for a single period of not more than 12 months.
Covered veteran defined
In this section, the term covered veteran
means a veteran who is—
unemployed for a period of not less than four consecutive months at the time of applying for training assistance under this section;
59 years of age or younger; and
except as provided under this section, ineligible for education or training assistance under this title.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $100,000,000 for each fiscal year.
.
Clerical Amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
3687A. Additional monthly training assistance allowance for unemployed veterans.
.
Effective date
Section 3687A of title 38, United States Code, as added by subsection (a), shall apply with respect to months beginning on or after the first day of fiscal year 2011.
Promoting jobs for veterans through the payment of an assistance allowance for rural veteran teachers
In general
Chapter 36 is amended by adding at the end the following new section:
Assistance allowance for rural veteran teachers
Reducing administrative burden
The Secretary may pay to a rural veteran teacher a monthly assistance allowance of $500.
Duration
The aggregate period for which the Secretary may pay a rural veteran teacher a monthly assistance allowance under subsection (a) may not exceed 24 months.
Rural veteran teacher defined
In this section, the term rural veteran teacher means a veteran who—
is discharged from service in the Armed Forces under honorable conditions;
is employed to teach full-time at an accredited elementary or secondary school that is located in a rural area (as determined by the Bureau of the Census);
on the date on which the veteran applies for a monthly assistance allowance under subsection (a), is enrolled in an accredited course leading to certification as a teacher; and
has not been previously employed to teach full-time at an accredited elementary or secondary school.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2011 and each fiscal year thereafter.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3697A the following new item:
3698. Assistance allowance for rural veteran teachers.
.
Promoting jobs for veterans through the authorization of appropriations for veterans’ workforce investment programs
Section 168 of the Workforce Investment Act of 1998 (29 U.S.C. 2913) is amended by adding at the end the following new subsection:
Authorization of appropriations
There is authorized to be appropriated for each fiscal year $20,000,000 for programs authorized under this section.
.
Promoting jobs for veterans through the promotion of the VetSuccess Internet website
Inclusion of hyperlink
Not later than 60
days after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall include on the main page of the Internet website of the
Department of Veterans Affairs a new hyperlink with a drop-down menu entitled
Veterans Employment
. The drop-down menu shall include a direct
hyperlink to the VetSuccess Internet website, the USA Jobs Internet website,
the Job Central website, and any other appropriate employment Internet
websites, as determined by the Secretary, especially such websites that focus
on jobs for veterans.
Advertisement of Internet website
Subject to the availability of appropriations for such purpose, the Secretary of Veterans Affairs shall, in accordance with section 532 of title 38, United States Code, purchase advertising in national media outlets for the purpose of promoting awareness of the VetSuccess Internet website to veterans.
Outreach to veterans of Operation Iraqi Freedom and Operation Enduring Freedom
The Secretary of Veterans Affairs shall conduct outreach to veterans of Operation Iraqi Freedom and Operation Enduring Freedom to inform such veterans of the VetSuccess Internet website.
VetSuccess Internet website defined
In this section, the term
VetSuccess Internet website
means www.vetsuccess.gov or any
successor Internet website maintained by the Department of Veterans
Affairs.