Veterans Self-Employment Act of 2011 - Directs the Secretary of Veterans Affairs to conduct a five-year pilot project to test the feasibility and advisability of the use of educational assistance under certain programs of the Department of Veterans Affairs (VA) to pay for training costs associated with the purchase of a franchise enterprise. Prohibits the use of such assistance unless: (1) training is required and provided in connection with the purchase and operation of a franchise; and (2) such training, and the training entity, are approved by the Secretary. Provides training and entity approval requirements.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 465 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 465
To direct the Secretary of Veterans Affairs to conduct a pilot project
on the use of educational assistance under programs of the Department
of Veterans Affairs to defray training costs associated with the
purchase of certain franchise enterprises.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 2011
Mr. Alexander introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committee on
Armed Services, 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 direct the Secretary of Veterans Affairs to conduct a pilot project
on the use of educational assistance under programs of the Department
of Veterans Affairs to defray training costs associated with the
purchase of certain franchise enterprises.
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 Self-Employment Act of
2011''.
SEC. 2. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT OF TRAINING
COSTS ASSOCIATED WITH THE PURCHASE OF CERTAIN FRANCHISE
ENTERPRISES.
(a) Establishment of Five-Year Pilot Project.--The Secretary of
Veterans Affairs shall conduct a five-year pilot project to test the
feasibility and advisability of the use of educational assistance under
the programs of the Department of Veterans Affairs under the following
provisions of law to pay for training costs associated with the
purchase of a franchise enterprise:
(1) Chapter 30 of title 38, United States Code.
(2) Chapter 32 of such title.
(3) Chapter 35 of such title.
(4) Chapter 1606 of title 10, United States Code.
(5) Chapter 1607 of title 10, United States Code.
(b) Amount of Payment.--
(1) In general.--Subject to paragraph (3), the amount of
educational assistance payable under the applicable provision
of law referred to in subsection (a) to an individual entitled
to such assistance under such provision of law for the payment
of training costs associated with the purchase of a franchise
enterprise is equal to the lesser of \1/2\ of the franchise fee
or \1/3\ of the remaining amount of educational assistance to
which the individual is entitled under such applicable
provision of law, such remaining amount determined as of the
date of approval by the Secretary of the individual's
application for such assistance for payment of such training
costs.
(2) Lump sum payment.--Amounts payable to an individual
under paragraph (1) shall be made in a lump sum.
(c) Requirements for Payment.--
(1) Requirement for the provision of training.--Payment may
not be made for training costs associated with the purchase of
a franchise enterprise under the pilot project under this
section unless--
(A) appropriate training is required and provided
with respect to the purchase and operation of the
franchise operation; and
(B) such training, and the entity or organization
offering the training, are approved by the Secretary in
accordance with this subsection.
(2) General requirements for approval.--The requirements of
approval for such training and organizations or entities
offering such training shall be in accordance with the
applicable provisions of chapters 30, 32, 35, and 36 of title
38, United States Code, and chapters 1606 and 1607 of title 10,
United States Code, and with regulations prescribed by the
Secretary to carry out this section, and shall include the
following:
(A) The organization or entity certifies to the
Secretary that the training offered by the organization
or entity is generally accepted, in accordance with
relevant government, business, or industry standards,
employment policies, or hiring practices, as attesting
to a level of knowledge or skill required to own and
successfully operate a franchise operation.
(B) The organization or entity is licensed,
chartered, or incorporated in a State and has offered
such training for a minimum of two years before the
date on which the organization or entity first submits
to the Secretary an application for approval under this
section.
(C) The organization or entity maintains
appropriate records with respect to all trainees who
pursue such training for a period prescribed by the
Secretary, but in no case for a period of less than
three years.
(D) The organization or entity promptly issues
progress reports on the training and notice of the
successful completion of such training to the trainee.
(E) The organization or entity has in place a
process to review complaints submitted against the
organization or entity with respect to the training or
the process for acquiring a franchise enterprise.
(F) The organization or entity furnishes to the
Secretary the following information:
(i) A description of the training offered
by the organization or entity, including the
purpose of the training, the vocational,
professional, governmental, and other entities
that recognize the training, and the license or
certificate (if any) issued upon successful
completion of the training.
(ii) The requirements to undertake the
training, including the amount of the fee
charged for the training and any prerequisite
education, training, skills, or other
certification.
(G) Upon request of the Secretary, the organization
or entity furnishes such information to the Secretary
that the Secretary determines necessary to perform an
assessment of--
(i) the training conducted by the
organization or entity; and
(ii) the applicability of the training over
such periods of time as the Secretary
determines appropriate.
(3) Consideration of past performance.--In determining
whether to make payment under the pilot project to an
organization or entity offering training, the Secretary shall
consider the rate of success of the organization or entity in
the training of individuals to own and successfully operate a
franchise enterprise.
(4) Authority for the use of state approving agencies for
approval of training and organizations or entities.--To the
extent that the Secretary determines practicable, State
approving agencies may, in lieu of the Secretary, approve
training, and organizations and entities offering such
training, under this section.
(d) Entitlement Charges.--
(1) Chapter 30.--The number of months of entitlement
charged an individual under chapter 30 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(2) Chapter 32.--The number of months of entitlement
charged an individual under chapter 32 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(3) Chapter 35.--The number of months of entitlement
charged an individual under chapter 35 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(4) Chapter 1606.--The number of months of entitlement
charged an individual under chapter 1606 of title 10, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(5) Chapter 1607.--The number of months of entitlement
charged an individual under chapter 1607 of title 10, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(e) Administration.--Except as otherwise specifically provided in
this section or chapter 30, 32, 35, or 36 of title 38, United States
Code, or chapters 1606 or 1607 of title 10, United States Code, in
implementing this section and making payment under the applicable
provision of law referred to in subsection (a) of training costs
associated with the purchase of a franchise enterprise, the training is
deemed to be a ``course'' and the organization or entity that offers
such training is deemed to be an ``institution'' or ``educational
institution'', respectively, as those terms are applied under and for
purposes of sections 3671, 3673, 3674, 3678, 3679, 3680(a), 3680A,
3681, 3682, 3683, 3685, 3690, 3691, and 3696 of title 38, United States
Code.
(f) Rule of Construction.--Payments under this section shall not be
construed as payment for on-job training benefits under title 38,
United States Code.
(g) Implementation.--The Secretary shall implement the pilot
project under this section as soon as practicable, but in no case later
than the date that is 18 months after the date of the enactment of this
Act.
(h) GAO Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct periodic evaluations of the pilot project.
(2) Report.--Not later than the date that is the end of the
third year of the pilot project, the Comptroller General shall
submit to Congress a report on the evaluations conducted under
paragraph (1). The report shall include the following
information:
(A) The number of individuals who participated in
the pilot project.
(B) The number of franchise enterprises operated by
such individuals by reason of such participation.
(C) The aggregate payments made by the Secretary of
Veterans Affairs under the pilot project.
(D) Recommendations for the continuation of the
pilot project.
(E) Recommendations for such other administrative
action or legislation as the Comptroller General
determines to be appropriate.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Economic Opportunity.
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