Veterans In Transition Act

Veterans In Transition Act - Directs the Secretary of Defense to provide post-service training vouchers to eligible members of the armed forces who apply in order to finance employment retraining provided through programs established under the Job Training Partnership Act. Requires such vouchers to be provided to such members within 60 days of their separation from active duty. Defines as eligible those members serving on active duty or full-time National Guard duty on September 30, 1990, who were either involuntarily separated or separated under one of the military separation incentive programs, and who were not entitled to retired or retainer pay incident to such separation. Requires such a member to certify to the Secretary that the member is unemployed and does not have a firm commitment for employment upon separation. Directs the Secretary to provide such vouchers to certain unemployed members who did not receive such vouchers due to lack of the required certification. Authorizes the Secretary to provide such vouchers to other members discharged or released from active duty if they would benefit from the training provided. Directs the Secretary to provide appropriate notification to members eligible for such vouchers. Provides for the determination of voucher amounts, requiring such amounts to be generally equal to the cost of providing the training required to achieve the employment objective chosen by the member. Directs the Secretary of Labor to assist the Secretary in determining voucher amounts.

Authorizes any member receiving such a voucher to exchange it for employment and training services provided under the Job Training Partnership Act (JTPA) to the same extent as other individuals eligible to receive such services. Requires such vouchers to be used within a two-year period after discharge, release, or separation.

Directs the Secretary, after receiving a voucher, to reimburse the training provider for the actual cost of providing such training, not to exceed the face value of the voucher. Prohibits more than ten percent of the funds provided under this Act from being used for administrative costs.

Prohibits the training providers, in accepting vouchers in exchange for employment and training services under the JTPA, from: (1) reducing the number of individuals who receive such services in the absence of the voucher program; or (2) denying such services to veterans who are eligible for such services but do not have a voucher. Directs the Secretary to notify the State agency administering the JTPA in which the member intends to reside and take up training.

Amends the JTPA to include such separated members in the defense conversion adjustment program provided under such Act.

Requires preseparation counseling of members about to be discharged or released from active duty to occur as soon as possible, but not later than 90 days before the date of discharge (currently, upon discharge). Includes as part of such counseling the creation of a transition plan for the member and spouse to achieve educational, training, and employment objectives.

Directs the Secretary to consult with the Secretaries of Labor, Education, and Veterans Affairs and the Economic Adjustment Committee to improve the coordination of, and eliminate duplication between, specified job training and placement programs available to members who are discharged or released from active duty. Directs the Secretary to use ten percent of the amount authorized to be appropriated under this Act for the financing of specified coordination efforts.

Directs the Secretary, as part of the preseparation counseling provided to discharged or released members, to insure that information is provided to interested members with respect to the establishment and operation of small businesses. Authorizes the Secretary to make a grant to a member eligible for a training voucher to assist such member in establishing a small business after such discharge or release. Authorizes the Secretary to make a grant to a business owned or operated by a veteran to assist the business to employ members eligible for training vouchers.

Authorizes the Secretary to enter into an agreement with the head of a Federal agency under which the agency makes grants to States and local governments and nonprofit organizations to establish internships or other training programs for members eligible for training vouchers. Provides that all such grants will be made in lieu of providing the member with a training voucher.

Authorizes the Secretary, in order to assist discharged or released members and their spouses in locating civilian employment, to conduct marketing and employer outreach activities to promote the creation of employment opportunities for such members and spouses.

Authorizes appropriations.

 
HR 5075 IH
102d CONGRESS
2d Session
 H. R. 5075
To improve the delivery of employment training services to members of the
Armed Forces who are involuntarily separated from active duty in the Armed
Forces or accept separation under one of the separation incentive programs.
IN THE HOUSE OF REPRESENTATIVES
May 6, 1992
Mr. MARTINEZ (for himself and Mr. BUSTAMANTE) introduced the following bill;
which was referred jointly to the Committees on Armed Services and Education
and Labor
A BILL
To improve the delivery of employment training services to members of the
Armed Forces who are involuntarily separated from active duty in the Armed
Forces or accept separation under one of the separation incentive programs.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Veterans In Transition Act'.
SEC 2. EMPLOYMENT TRAINING VOUCHERS FOR DISCHARGED MILITARY PERSONNEL.
  (a) VOUCHERS PROVIDED- The Secretary of Defense shall provide post-service
  training vouchers in an amount determined under subsection (c) to eligible
  members of the Armed Forces who submit an application for such vouchers
  to finance employment retraining provided through a service delivery
  area established under section 101 of the Job Training Partnership Act
  (29 U.S.C. 1511), a substate grantee designated under section 312(b)
  of such Act (29 U.S.C. 1661a(b)), or a service provider selected under
  section 441 of such Act (29 U.S.C. 1721). The Secretary shall prescribe the
  form of the application and the information required to be submitted by a
  member applying for a voucher. The Secretary shall consider applications
  in a timely manner so that, to the greatest extent practicable, a voucher
  will be provided to an eligible member not later than 60 days before the
  date of the separation of the member from active duty.
  (b) ELIGIBLE MEMBERS-
  (1) MEMBERS AUTOMATICALLY ELIGIBLE- A member of the Armed Forces shall be
  eligible for a voucher under subsection (a) if the member--
  (A) was on active duty or full-time National Guard duty on September
  30, 1990;
  (B) during the five-year period beginning on that date--
  (i) is involuntarily separated (as defined in section 1141 of title 10,
  United States Code) from active duty or full-time National Guard duty; or
  (ii) is separated from active duty or full-time National Guard duty pursuant
  to a special separation benefits program under section 1174a of title 10,
  United States Code, or the voluntary separation incentive program under
  section 1175 of that title;
  (C) is not entitled to retired or retainer pay incident to that separation;
  and
  (D) certifies to the Secretary of Defense that--
  (i) the member does not have a firm commitment for employment upon that
  separation; or
  (ii) in the case of a member separated between September 30, 1990, and
  the date of the enactment of this Act, the member is unemployed at the
  time the member receives the voucher.
  (2) EFFECT OF SUBSEQUENT UNEMPLOYMENT- In the case of a member who is
  separated on or after the date of the enactment of this Act, is ineligible
  for a voucher solely by reason of the failure to make the certification
  required by paragraph (1)(D), and becomes unemployed during the one-year
  period following separation, the Secretary shall provide a voucher to the
  member upon the application of the member during that period or within 30
  days after the end of that period.
  (3) OTHER MEMBERS SELECTED BY THE SECRETARY- Subject to the availability
  of sufficient funds for vouchers for members eligible under paragraphs
  (1) and (2), the Secretary of Defense may provide vouchers to other
  members discharged or released from active duty (under other than adverse
  circumstances) during the period referred to in paragraph (1) if the
  Secretary determines that such members would benefit from the training
  available through the use of such vouchers.
  (4) NOTIFICATION OF MEMBERS PREVIOUSLY SEPARATED- To the extent feasible,
  the Secretary of Defense shall notify members who, between September 30,
  1990, and the date of the enactment of this Act, were involuntarily separated
  from active duty or full-time National Guard duty or separated from active
  duty or full-time National Guard duty pursuant to a special separation
  benefits program under section 1174a of title 10, United States Code, or
  the voluntary separation incentive program under section 1175 of that title
  regarding the availability of vouchers under subsection (a). The Secretary
  may establish a time limit within which such members may apply for a voucher.
  (c) AMOUNT OF VOUCHER-
  (1) AMOUNT SUBJECT TO APPROPRIATIONS- The amount of a voucher shall
  be subject to the availability of funds appropriated pursuant to the
  authorization of appropriations in section 8.
  (2) DETERMINATION OF AMOUNT- The amount of a voucher provided under
  subsection (a) to a member of the Armed Forces shall be equal to the
  anticipated cost of providing the training required by the member to achieve
  the employment objectives selected by the member, subject to the limitation
  that such amount may not exceed three times the monthly basic pay to which
  the member is entitled at the time of the separation of the member. The
  Secretary of Defense may provide a voucher in an amount in excess of that
  limitation if the Secretary determines, on a case by case basis, that such
  amount is warranted by the special training needs of the member.
  (3) CONSULTATION- The Secretary of Labor shall assist the Secretary
  of Defense in establishing training costs to determine the amount of a
  voucher under paragraph (2). The Secretary of Defense shall reimburse the
  Secretary of Labor for any assistance provided by the Secretary of Labor
  under this paragraph.
  (4) PRIORITY IF INSUFFICIENT FUNDS- If funds for a fiscal year are
  insufficient to provide the full amount of vouchers required under paragraph
  (2), the Secretary of Defense may give priority in the provision of vouchers
  to those eligible members whose military occupational specialties are
  least compatible with the training and employment objectives selected by
  those members, as determined by the Secretary.
  (d) USE OF VOUCHER- A member of the Armed Forces who receives a voucher
  under subsection (a) may exchange the voucher for employment and training
  services provided under part A of title II, title III, and section 441
  of the Job Training Partnership Act (29 U.S.C. 1501 et seq.) to the same
  extent as other individuals eligible to receive such services. A member
  may not use a voucher after the end of the two-year period beginning on
  the date on which the member is discharged or released from active duty,
  except that, in the case of a member described in subsection (b) who was
  discharged or released from active duty before the date of the enactment
  of this Act, the period for use of the voucher shall be two years after
  the date of the enactment of this Act.
  (e) REIMBURSEMENT- Upon submission of a voucher to the Secretary of Defense,
  the Secretary shall reimburse the service delivery area, substate grantee,
  or service provider submitting the voucher for the actual cost of providing
  training to the member, not to exceed the face value of the voucher. Funds
  provided under this subsection shall be in addition to the funds otherwise
  provided to the service delivery area, substate grantee, or service provider
  under the Job Training Partnership Act. Not more than 10 percent of the
  funds provided under this subsection may be used for administrative costs.
  (f) ACCEPTANCE OF MEMBERS NOT TO DISPLACE OTHER PARTICIPANTS- In accepting
  vouchers in exchange for employment and training services under part A of
  title II, title III, and section 441 of the Job Training Partnership Act
  (29 U.S.C. 1501 et seq.), the service delivery area, substate grantee,
  or service provider concerned may not reduce the number of individuals
  who receive such services in the absence of the voucher program or deny
  such services to veterans of the Armed Forces who are eligible for such
  services but do not have a voucher.
  (g) ADVANCED NOTICE OF SEPARATION TO SERVICE DELIVERY AREAS- In the case
  of a member of the Armed Forces receiving a voucher under subsection
  (a), the Secretary of Defense shall notify the designated State agency
  administering the Job Training Partnership Act for the State in which
  the member intends to reside as soon as possible before the date of the
  discharge or release of the member from active duty. The notification
  shall include the training and employment objectives selected by the member.
SEC. 3. EXPANSION OF DEFENSE CONVERSION ADJUSTMENT PROGRAM TO INCLUDE MEMBERS
OF THE ARMED FORCES.
  Section 325 of the Job Training Partnership Act (29 U.S.C. 1662d)
  is amended--
  (1) by striking the second sentence of subsection (a); and
  (2) by adding at the end the following new subsection:
  `(e) ELIGIBLE EMPLOYEE DEFINED- For purposes of this section, the term
  `eligible employee' means--
  `(1) an eligible dislocated worker (as defined in section 301(a)) who
  has been terminated or laid off, or has received a notice of termination
  or lay off, as a consequence of reductions in expenditures by the United
  States for defense or by closures of United States military facilities,
  as determined in accordance with regulations of the Secretary;
  `(2) a member of the Armed Forces who--
  `(A) was on active duty or full-time National Guard duty on September
  30, 1990;
  `(B) during the five-year period beginning on that date is involuntarily
  separated (as defined in section 1141 of title 10, United States Code)
  from the Armed Forces; and
  `(C) is not entitled to retired or retainer pay incident to the discharge
  or release from active duty.'.
SEC. 4. IMPROVEMENT IN PRESEPARATION COUNSELING FOR MEMBERS OF THE ARMED
FORCES.
  (a) ADVANCED NOTICE OF SEPARATION TO MEMBER- Subsection (a)(1) of section
  1142 of title 10, United States Code, is amended by striking `Upon the
  discharge' and inserting `As soon as possible before, but in no event
  later than 90 days before, the date of the discharge'.
  (b) CREATION OF TRANSITION PLAN- Subsection (b) of such section is amended
  by adding at the end the following new paragraph:
  `(10) The creation of a transition plan for the member to attempt to achieve
  the educational, training, and employment objectives of the member and,
  if the member has a spouse, the spouse of the member.'.
SEC. 5. IMPROVED COORDINATION OF JOB TRAINING AND PLACEMENT PROGRAMS FOR
MEMBERS OF THE ARMED FORCES.
  (a) IMPROVED COORDINATION- The Secretary of Defense shall consult with
  the Secretary of Labor, the Secretary of Education, the Secretary of
  Veterans Affairs, and the Economic Adjustment Committee to improve the
  coordination of, and eliminate duplication between, the following job
  training and placement programs available to members of the Armed Forces
  who are discharged or released from active duty:
  (1) Section 2 of this Act.
  (2) Sections 1143 and 1144 of title 10, United States Code.
  (3) The Job Training Partnership Act (29 U.S.C. 1501 et seq.).
  (4) Chapter 41 of title 38, United States Code.
  (5) The Carl D. Perkins Vocational and Applied Technology Education Act
  (20 U.S.C. 2301 et seq.).
  (6) The Act of August 16, 1937 (Chapter 663; 50 Stat 664; 29 U.S.C. 50 et
  seq.), commonly known as the National Apprenticeship Act.
  (7) The Wagner-Peyser Act (29 U.S.C. 49 et seq.)
  (b) SPECIFIC PROJECTS- Of the amounts appropriated pursuant to the
  authorization of appropriations contained in section 8, the Secretary
  of Defense shall use 10 percent of such funds to finance coordination
  efforts between--
  (1) employment and training services provided under titles II, III, and
  IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.);
  (2) employment assistance programs operated by the military departments;
  (3) the State Employment Services System under the Wagner-Peyser Act
  (29 U.S.C. 49 et seq.);
  (4) the Interstate Conference of Employment Security Agencies and other
  computerized job bank systems; and
  (5) other employment, training, and personnel programs.
SEC. 6. SPECIAL PROGRAMS TO ASSIST THE EMPLOYMENT OF SEPARATED MEMBERS OF
THE ARMED FORCES.
  (a) SMALL BUSINESS AND ENTREPRENEURIAL COUNSELING AND ASSISTANCE- As part
  of preseparation counseling provided to members of the Armed Forces under
  section 1142 of title 10, United States Code, the Secretary of Defense
  shall ensure that information regarding the establishment and operation of
  small businesses is provided to members who desire such information. The
  Secretary of Defense may make a grant to a member eligible for a post-service
  training voucher under section 2(a) to assist the member to establish
  a small business after the separation of the member from active duty or
  full-time National Guard duty.
  (b) PROMOTION OF THE EMPLOYMENT OF VETERANS- The Secretary of Defense may
  make a grant to a business entity owned or operated by a veteran (as defined
  in section 101(2) of title 38, United States Code) to assist the entity
  to employ, for such period as the Secretary may require, members of the
  Armed Forces eligible for a post-service training voucher under section 2(a).
  (c) PROMOTION OF PUBLIC SERVICE OCCUPATIONS- The Secretary of Defense
  may enter into an agreement with the head of a federal agency under which
  the agency will make grants to State and local governments and nonprofit
  organizations to establish internships, or other training programs,
  for members of the Armed Forces who eligible for a post-service training
  voucher under section 2(a) who are interested in public service occupations.
  (d) EFFECT ON VOUCHER PROGRAM- The provision of assistance under subsection
  (a) to a member of the Armed Forces or the placement of the member under
  subsections (b) or (c) shall be in lieu of providing a voucher to the
  member under section 2(a).
SEC. 7. ACTIVITIES TO PROMOTE EMPLOYMENT OPPORTUNITIES FOR MEMBERS AND
THEIR SPOUSES.
  In order to assist members of the Armed Forces who are discharged or
  released from active duty, and their spouses, in locating civilian
  employment, the Secretary of Defense may conduct marketing and employer
  outreach activities to promote the creation of employment opportunities
  for such members and their spouses.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
  (a) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  of Defense to carry out sections 2, 5, 6, and 7--
  (1) $150,000,000 for fiscal year 1993; and
  (2) such sums as may be necessary for fiscal years 1994 and 1995.
  (b) AVAILABILITY OF APPROPRIATIONS- The amounts appropriated pursuant to
  this section shall remain available until expended.
  (c) SET ASIDES- Of the amounts appropriated pursuant to this section for
  a fiscal year--
  (1) not more than five percent of such funds may be used for the
  administrative expenses of the Secretary of Defense to carry out sections 2,
  5, 6, and 7;
  (2) 10 percent of such funds shall be available for activities under
  section 6; and
  (3) three percent of such funds shall be available for activities under
  section 7.