GI Internship Program Act

I 116TH CONGRESS 2D SESSION H. R. 7563 To amend title 38, United States Code, to authorize veterans who are entitled to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs to use such entitlement to participate in a career transition internship program for veterans. IN THE HOUSE OF REPRESENTATIVES JULY 9, 2020 Mr. SCHNEIDER (for himself, Mr. YOHO, Mr. FLORES, Mr. GAETZ, Mr. GON- ZALEZ of Texas, Mr. HILL of Arkansas, Mr. LAMALFA, Mr. LIPINSKI, Mr. LUJA´N, Mr. O’HALLERAN, Mr. QUIGLEY, Mrs. RADEWAGEN, Mr. SOTO, and Mr. COURTNEY) introduced the following bill; which was re- ferred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize veterans who are entitled to educational assistance under the Post-9/11 Educational Assistance Program of the De- partment of Veterans Affairs to use such entitlement to participate in a career transition internship program for veterans. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘GI Internship Program 4 Act’’. 5 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7563 IH SEC. 2. PROGRAM ON PROVISION OF CAREER TRANSITION 1 SERVICES TO YOUNG VETERANS. 2 (a) IN GENERAL.—Subchapter II of chapter 33 of 3 title 38, United States Code, is amended by adding at the 4 end the following new section: 5 ‘‘§ 3320A. Career transition internship program 6 ‘‘(a) IN GENERAL.—The internship program de- 7 scribed in subsection (b) shall be deemed to be an ap- 8 proved program of education for purposes of this chapter. 9 ‘‘(b) INTERNSHIP PROGRAM.—The Secretary of Vet- 10 erans Affairs shall establish a program to match individ- 11 uals entitled to educational assistance under this chapter 12 with eligible employers providing internships for the pur- 13 pose of— 14 ‘‘(1) providing such individuals with work expe- 15 rience in the civilian sector; 16 ‘‘(2) addressing the growing skills gap in the 17 United States economy; 18 ‘‘(3) increasing the marketable skills of such in- 19 dividuals; and 20 ‘‘(4) assisting such individuals in obtaining 21 long-term employment. 22 ‘‘(c) ELIGIBLE EMPLOYERS.— 23 ‘‘(1) IN GENERAL.—For purposes of the pro- 24 gram, an eligible employer is an employer deter- 25 mined by the Secretary to meet such criteria for 26 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7563 IH participation in the program as the Secretary shall 1 establish for purposes of the program. 2 ‘‘(2) PAST PERFORMANCE ON CERTAIN MAT- 3 TERS.—The criteria established by the Secretary 4 under paragraph (1) may include past performance 5 of an employer with respect to the following: 6 ‘‘(A) Job training, basic skills training, 7 and related activities. 8 ‘‘(B) Financial accountability. 9 ‘‘(C) Demonstrated need to hire, desire to 10 grow, and plan to grow. 11 ‘‘(D) Demonstrated high potential for 12 growth and long-term job creation. 13 ‘‘(3) FOR-PROFIT AND NOT-FOR-PROFIT EM- 14 PLOYERS.—The employers determined by the Sec- 15 retary to be eligible employers under paragraph (1) 16 may include both for-profit and not-for-profit em- 17 ployers. 18 ‘‘(4) SMALL BUSINESS CONCERNS.—In deter- 19 mining employers to be eligible employers under 20 paragraph (1), the Secretary shall ensure that small 21 business concerns (under the meaning given that 22 term under section 3(a) of the Small Business Act 23 (15 U.S.C. 632(a))) are afforded opportunities to 24 participate in the program. 25 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7563 IH ‘‘(5) MANUFACTURING.—In determining em- 1 ployers to be eligible employers under paragraph (1), 2 the Secretary shall give special consideration to em- 3 ployers in the manufacturing sector. 4 ‘‘(6) EXCLUSIONS.—The following employers 5 may not be determined to be eligible employers 6 under paragraph (1): 7 ‘‘(A) An agency of the Federal Govern- 8 ment or a State or local government. 9 ‘‘(B) An employer that has previously par- 10 ticipated in the program and, as determined by 11 the Secretary, failed to abide by any require- 12 ment of the program. 13 ‘‘(C) An employer that cannot give an as- 14 surance to the Secretary at the time of applica- 15 tion for participation in the program under sub- 16 section (f), and in such manner as the Sec- 17 retary shall specify pursuant to that subsection, 18 on each matter as follows: 19 ‘‘(i) That the employer has not been 20 investigated or subject to a case or action 21 by the Federal Trade Commission during 22 the 180-day period ending on the date the 23 employer would otherwise commence par- 24 ticipation in the program. 25 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7563 IH ‘‘(ii) That the employer has been in 1 good standing with a State business bu- 2 reau during the period described in clause 3 (i). 4 ‘‘(iii) That the employer is not delin- 5 quent with respect to payment of any taxes 6 or employer contributions described under 7 sections 3301 and 3302(a)(1) of the Inter- 8 nal Revenue Code of 1986 (26 U.S.C. 9 3301 and 3302(a)(1)). 10 ‘‘(iv) That the employer would not re- 11 quest the placement of an additional eligi- 12 ble individual under the program, if after 13 such additional placement, the number of 14 eligible individuals placed in internships at 15 such employer under the program would 16 constitute more than 10 percent of the eli- 17 gible employer’s workforce. For purposes 18 of the previous sentence, being an intern 19 under the program placed at an employer 20 shall be considered part of the employer’s 21 workforce. 22 ‘‘(v) That the employer has the inten- 23 tion of retaining eligible participants after 24 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7563 IH such participants have completed participa- 1 tion in the program. 2 ‘‘(d) INTERNSHIPS.— 3 ‘‘(1) IN GENERAL.—For each individual entitled 4 to educational assistance under this chapter whom 5 the Secretary approves for participation in the pro- 6 gram established under subsection (b), the Secretary 7 shall attempt to place such individual in an intern- 8 ship on a full-time basis with an eligible employer 9 that the Secretary has approved for participation in 10 the program. For each month such an individual 11 participates in such an internship on a full-time 12 basis, the Secretary shall pay to the individual the 13 amount of educational assistance described in sec- 14 tion 3313(g)(3)(B) of this title. 15 ‘‘(2) DURATION.—Each internship under the 16 program shall be for a period of at least 180 days 17 but not more than one year. 18 ‘‘(3) EMPLOYMENT STATUS.—For purposes of 19 the Patient Protection and Affordable Care Act 20 (Public Law 111–148), an individual placed in an 21 internship with an eligible employer under the pro- 22 gram shall be considered an employee of the Depart- 23 ment of Veterans Affairs and not the eligible em- 24 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7563 IH ployer during the period of such internship under 1 the program. 2 ‘‘(4) RELATION TO OTHER FEDERAL ASSIST- 3 ANCE.—Notwithstanding any other provision of law, 4 pay received by an individual under this subsection 5 may not be used in any calculation to determine the 6 eligibility of such individual for any Federal program 7 for the purpose of obtaining child care assistance. 8 ‘‘(5) CERTIFICATION.—For each month that an 9 individual participates in an internship under the 10 program established by subsection (b), the individual 11 and the eligible employer providing the internship 12 shall submit to the Secretary certification that the 13 individual worked at least 35 hours each week for 14 the eligible employer performing functions that pro- 15 vided the individual with valuable experience. 16 ‘‘(e) PARTICIPATION.— 17 ‘‘(1) APPLICATION.— 18 ‘‘(A) IN GENERAL.—An eligible employer 19 or individual seeking to participate in the pro- 20 gram shall submit to the Secretary an applica- 21 tion therefor at such time, in such manner, and 22 containing such information as the Secretary 23 shall specify. 24 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7563 IH ‘‘(B) REQUIREMENTS FOR ELIGIBLE EM- 1 PLOYERS.—An application submitted by an eli- 2 gible employer under subparagraph (A) shall in- 3 clude a certification or other information, in 4 such form and manner as the Secretary shall 5 specify, on each of the assurances required by 6 subsection (c)(6)(C), including the assurance 7 that the employer has the intention of retaining 8 eligible participants after they have completed 9 participation in the program as provided in 10 clause (v) of that subsection. 11 ‘‘(2) TIME OF APPLICATION FOR CERTAIN ELI- 12 GIBLE INDIVIDUALS.—A member of the Armed 13 Forces on active duty who expects to be entitled for 14 educational assistance under this chapter may sub- 15 mit an application to participate in the program not 16 earlier than 180 days before the date on which the 17 member expects to be discharged or released from 18 the Armed Forces. 19 ‘‘(3) SELECTION.—The Secretary shall review 20 each application submitted by an applicant under 21 paragraph (1) and approve or disapprove the appli- 22 cant for participation in the program. 23 ‘‘(f) OUTREACH.— 24 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7563 IH ‘‘(1) IN GENERAL.—The Secretary of Veterans 1 Affairs and the Secretary of Labor shall jointly 2 carry out a program of outreach to inform eligible 3 employers and eligible individuals about the program 4 and the benefits of participating in the program. 5 ‘‘(2) INTERNET PORTAL.—The Secretary of 6 Veterans Affairs and the Secretary of Labor shall 7 work together to create and publicize an Internet 8 website to serve as a portal for eligible individuals 9 and eligible employers to learn about the program 10 and apply. 11 ‘‘(3) INCLUDED LOCATIONS AND GROUPS.—The 12 Secretary of Veterans Affairs and the Secretary of 13 Labor shall ensure that any outreach program and 14 activities conducted under paragraph (1) include, to 15 the extent practicable, rural communities, tribal 16 lands of the United States, Native Americans, and 17 tribal organizations (as defined in section 3765 of 18 title 38, United States Code). 19 ‘‘(g) MINIMIZATION OF BURDENS ON PARTICIPATING 20 EMPLOYERS.—The Secretary shall take such measures as 21 may be necessary to minimize administrative burdens in- 22 curred by eligible employers due to participation in the 23 program and to ensure that employer participation in the 24 program is at no cost to the employer. 25 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7563 IH ‘‘(h) REPORTS.— 1 ‘‘(1) IN GENERAL.—Not later than 45 days 2 after the completion of the first year of the program 3 and not later than 90 days after the completion of 4 the second and third years of the program, the Sec- 5 retary shall submit to Congress a report on the pro- 6 gram. 7 ‘‘(2) CONTENTS.—Each report submitted under 8 paragraph (1) shall include the following: 9 ‘‘(A) An evaluation of the program. 10 ‘‘(B) The number and characteristics of 11 participants in the program. 12 ‘‘(C) The number and types of internships 13 in which individuals were placed under the pro- 14 gram. 15 ‘‘(D) The number of individuals who ob- 16 tained long-term full-time unsubsidized employ- 17 ment positions after participation in the pro- 18 gram, the hourly wage and nature of such em- 19 ployment, and if available, whether such indi- 20 viduals were still employed in such positions 21 three months after obtaining such positions. 22 ‘‘(E) An assessment of the effect of the 23 program on earnings of the individuals who 24 VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7563 IH participated and the employment of such indi- 1 viduals. 2 ‘‘(F) Such recommendations for legislative 3 and administrative action as the Secretary may 4 have to improve the program, to expand the 5 program, or to improve the employment of indi- 6 viduals entitled to educational assistance under 7 this chapter.’’. 8 (b) CLERICAL AMENDMENT.—The table of sections 9 at the beginning of such chapter is amended by inserting 10 after the item relating to section 3320 the following new 11 item: 12 ‘‘3320A. Career transition internship program.’’. Æ VerDate Sep 11 2014 18:15 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H7563.IH H7563 pamtmann on DSKBC07HB2PROD with BILLS