I 

111TH CONGRESS 

1ST SESSION H. R. 4058 

To amend title 10, United States Code, to establish the Veterans to Work 

program providing for the employment of individuals, especially veterans, 

who participate in apprenticeship programs on designated military construction projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 6, 2009 

Mr. SMITH of Washington introduced the following bill; which was referred to 

the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to establish the 

Veterans to Work program providing for the employment 

of individuals, especially veterans, who participate in apprenticeship programs on designated military construction projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans to Work Pilot 

5 Program Act of 2009’’. 


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1 SEC. 2. VETERANS TO WORK PILOT PROGRAM. 

2 (a) VETERANS TO WORK PROGRAM.—Subchapter III 

3 of chapter 169 of title 10, United States Code, is amended 

4 by inserting after section 2856 the following new section: 

5 ‘‘§ 2857. Veterans to Work Pilot Program 

6 ‘‘(a) PILOT PROGRAM; PURPOSES.—The Secretary of 

7 Defense shall establish the Veterans to Work pilot pro8 gram to determine— 

9 ‘‘(1) the maximum feasible extent to which ap10 prentices may be employed to work on military con11 struction projects designated under subsection (b); 

12 ‘‘(2) the maximum feasible extent to which the 

13 apprentices so employed are veterans; and 

14 ‘‘(3) the feasibility of expanding the employ15 ment of apprentices to military construction projects 

16 in addition to those projects designated under sub17 section (b). 

18 ‘‘(b) DESIGNATION OF MILITARY CONSTRUCTION

19 PROJECTS FOR PILOT PROGRAM.—(1) For each of fiscal 

20 years 2011 through 2015, the Secretary of Defense shall 

21 designate for inclusion in the pilot program not less than 

22 20 military construction projects (including unspecified 

23 minor military construction projects under section 2805(a) 

24 of this title) that will be conducted in that fiscal year. 

25 ‘‘(2) In designating military construction projects 

26 under this subsection, the Secretary of Defense shall— 


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1 ‘‘(A) to the greatest extent possible, designate 

2 military construction projects that are located where 

3 there are veterans enrolled in qualified apprentice4 ship programs or veterans who could be enrolled in 

5 qualified apprenticeship programs in a cost-effective, 

6 timely, and feasible manner; 

7 ‘‘(B) ensure geographic diversity among the 

8 military construction projects designated; and 

9 ‘‘(C) select projects to be carried out in the con10 tinental United States, Alaska, Hawaii, Guam, Puer11 to Rico, the Northern Mariana Islands, and the 

12 United States Virgin Islands. 

13 ‘‘(3) Unspecified minor military construction projects 

14 may not exceed 40 percent of the military construction 

15 projects designated under this subsection for a fiscal year. 

16 ‘‘(c) CONTRACT PROVISIONS.—Any agreement that 

17 the Secretary of Defense enters into for a military con18 struction project that is designated for inclusion in the 

19 pilot program shall ensure that, to the maximum extent 

20 feasible, apprentices shall be employed on that military 

21 construction project and that, to the maximum extent fea22 sible, such apprentices shall be veterans. 

23 ‘‘(d) QUALIFIED APPRENTICESHIP AND OTHER

24 TRAINING PROGRAMS.— 


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1 ‘‘(1) PARTICIPATION BY EACH CONTRACTOR RE2 QUIRED.—Each contractor and subcontractor that 

3 seeks to provide construction services on projects 

4 designated by the Secretary pursuant to subsection 

5 (b) shall submit adequate assurances with its bid or 

6 proposal that it participates in a qualified appren7 ticeship or other training program for each craft or 

8 trade classification of worker that it intends to em9 ploy to perform work on the project. 

10 ‘‘(2) DEFINITION OF QUALIFIED APPRENTICE11 SHIP OR OTHER TRAINING PROGRAMS.— 

12 ‘‘(A) IN GENERAL.—For purposes of this 

13 section, the term ‘qualified apprenticeship or 

14 other training program’ means an apprentice15 ship or other training program that qualifies as 

16 an employee welfare benefit plan, as defined in 

17 section 3(1) of the Employee Retirement In18 come Security Act of 1974 (29 U.S.C. 

19 1002(1)). 

20 ‘‘(B) CERTIFICATION OF OTHER PRO21 GRAMS IN CERTAIN LOCALITIES.—In the event 

22 that the Secretary of Labor certifies that a 

23 qualified apprenticeship or other training pro24 gram (as defined in subparagraph (A)) for a 

25 craft or trade classification of workers that a 


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1 prospective contractor or subcontractor intends 

2 to employ, is not operated in the locality where 

3 the project will be performed, an apprenticeship 

4 or other training program that is not an em5 ployee welfare benefit plan (as defined in such 

6 section) may be certified by the Secretary as a 

7 qualified apprenticeship or other training pro8 gram provided it is registered with the Office of 

9 Apprenticeship of the Department of Labor, or 

10 a State apprenticeship agency recognized by the 

11 Office of Apprenticeship for Federal purposes. 

12 ‘‘(e) REPORT.—(1) Not later than 150 days after the 

13 end of each fiscal year during which the pilot program 

14 is active, the Secretary of Defense shall submit to Con15 gress a report that includes the following: 

16 ‘‘(A) The progress of designated military con17 struction projects and the role of apprentices in 

18 achieving that progress. 

19 ‘‘(B) Any challenges, difficulties, or problems 

20 encountered in recruiting apprentices or in recruit21 ing veterans to become apprentices. 

22 ‘‘(C) Cost differentials in the designated mili23 tary construction projects compared to similar 

24 projects completed contemporaneously, but not des25 ignated for the pilot program. 


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1 ‘‘(D) Evaluation of benefits derived from em2 ploying apprentices, including the following: 

3 ‘‘(i) Workforce sustainability. 

4 ‘‘(ii) Workforce skills enhancement. 

5 ‘‘(iii) Increased short- and long-term cost6 effectiveness. 

7 ‘‘(iv) Improved veteran employment in sus8 tainable wage fields. 

9 ‘‘(E) Any additional benefits derived from em10 ploying apprentices and veteran apprentices. 

11 ‘‘(F) Recommendations on how to more effec12 tively employ apprentices in subsequent fiscal years. 

13 ‘‘(G) Any other information the Secretary of 

14 Defense determines appropriate. 

15 ‘‘(2) Not later than March 1, 2016, the Secretary of 

16 Defense shall submit to Congress a report that— 

17 ‘‘(A) analyzes the pilot program in terms of its 

18 effect on the sustainability of a workforce to meet 

19 the military construction needs of the Armed Forces; 

20 ‘‘(B) studies overall improvements in veteran 

21 employment in sustainable wage fields or profes22 sions; and 

23 ‘‘(C) makes recommendations on the continu24 ation, modification, or expansion of the pilot pro25 gram on the basis of such factors as the Secretary 


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1 of Defense determines appropriate, including the fol2 lowing: 

3 ‘‘(i) Workforce sustainability. 

4 ‘‘(ii) Cost-effectiveness. 

5 ‘‘(iii) Community development. 

6 ‘‘(f) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘apprentice’ means an individual 

8 who is employed pursuant to, and individually reg9 istered in, a ‘qualified apprenticeship or other train10 ing program,’ as defined in subsection (d)(2)(A) or 

11 other apprenticeship or training programs recog12 nized in accordance with subsection (d)(2)(B). 

13 ‘‘(2) The term ‘pilot program’ means the Vet14 erans to Work pilot program established under sub15 section (a). 

16 ‘‘(3) The term ‘State’ means any of the States, 

17 the District of Columbia, or territories of Guam, 

18 Puerto Rico, the Northern Mariana Islands, and the 

19 United States Virgin Islands. 

20 ‘‘(4) The term ‘veteran’ has the meaning given 

21 such term under section 101(2) of title 38.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such subchapter is amended by insertVerDate Nov 24 2008 19:42 Nov 07, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4058.IH H4058

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1 ing after the item relating to section 2856 the following 

2 new item: 

‘‘2857. Veterans to Work Pilot Program.’’. 

Æ 


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