[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6221 Engrossed in House (EH)]
110th CONGRESS
2d Session
H. R. 6221
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to include in each contract the Secretary enters for
the acquisition of goods and services a provision that requires the
contractee to comply with the contracting goals and preferences for
small business concerns owned or controlled by veterans, and for other
purposes.
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 ``Improving Veterans' Opportunity in
Education and Business Act of 2008''.
SEC. 2. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL
BUSINESS CONCERNS.
Section 8127 of title 38, United States Code, is amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following:
``(j) Applicability of Requirements to Contracts.--(1) If the
Secretary enters, on or after June 1, 2007, into a contract, memorandum
of understanding, agreement, or other arrangement with any governmental
entity or person to acquire goods or services, or both, the Secretary
shall include in such contract, memorandum, agreement, or other
arrangement a requirement that the entity or person will comply with
the provisions of this section in acquiring such goods or services, or
both.
``(2) Coordination.--The Secretary shall take such action as may be
necessary to ensure that the efforts to comply with this section of the
Department and governmental entities and persons to which paragraph (1)
applies are coordinated.
``(3) The Secretary shall modify contracts, memoranda of
understanding, agreements, and other arrangements of the Department in
effect on the date of enactment of the Improving Veterans' Opportunity
in Education and Business Act of 2008 to comply with this subsection.
``(4) Nothing in this subsection shall be construed to supersede or
otherwise affect the authorities provided by and under the Small
Business Act (15 U.S.C. 631 et seq.)''.
SEC. 3. FIVE-YEAR PILOT PROGRAM FOR ON-CAMPUS WORKSTUDY POSITIONS.
(a) Establishment of Pilot Program.--The Secretary of Veterans
Affairs shall conduct a five-year pilot project to test the feasibility
and advisability of expanding the scope of qualifying workstudy
activities for purposes of section 3485(a)(4) of title 38, United
States Code, including workstudy positions available on site at
educational institutions.
(b) Type of Workstudy Positions.--The workstudy positions referred
to in subsection (a) may include positions in academic departments
(including positions as tutors or research, teaching, and lab
assistants) and in student services (including positions in career
centers and financial aid, campus orientation, cashiers, admissions,
records, and registration offices).
(c) Regulations.--The Secretary shall issue regulations to carry
out the pilot project under this section, including regulations
providing for the supervision of workstudy positions referred to in
subsection (a) by appropriate personnel of the Department.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 for each of fiscal years 2009
through 2013 to carry out the pilot project under this section.
(e) Funding.--Notwithstanding any other provision of law, this
section shall not be carried out with any funds provided for or under
any authority of the Readjustment benefits program described by the
list of Appropriated Entitlements and Mandatories for Fiscal Year 1997
contained in the Conference Report to accompany H.R. 2015 of the 105th
Congress, the Balanced Budget Act of 1997 (H. Report 105-217). Instead,
no funds shall be obligated for the purpose of carrying out this
section except discretionary funds appropriated specifically for the
purpose of carrying out this section in appropriation Acts enacted
after the date of the enactment of this Act.
SEC. 4. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by inserting after section 3687 the following
new section:
``Sec. 3687A. Military occupational specialty transition (MOST) program
``(a) Establishment; Eligibility.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall carry out a program of
training to provide eligible veterans with skills relevant to
the job market.
``(2) Eligible veteran.--For purposes of this section, the
term `eligible veteran' means any veteran if--
``(A) such veteran's military occupational
specialty at the time of discharge is determined by the
Secretary to have limited transferability to the
civilian job market;
``(B) such veteran is not otherwise eligible for
education or training services under this title;
``(C) such veteran has not acquired a marketable
skill since leaving military service;
``(D) such veteran was discharged under conditions
not less than general under honorable conditions; and
``(E)(i) such veteran has been unemployed for at
least 90 of the 180 days preceding the date of
application for the program established under this
section; or
``(ii) the maximum hourly rate of pay of such
veteran during such 180-day period is not more than 150
percent of the Federal minimum wage.
``(b) MOST Program.--The program established under this section
shall provide for payments to employers who provide for eligible
veterans a program of apprenticeship or on-the-job training if--
``(1) such program is approved as provided in paragraph (1)
or (2) of section 3687(a) of this title;
``(2) the rate of pay for veterans participating in the
program is not less than the rate of pay for nonveterans in
similar jobs; and
``(3) the Secretary reasonably expects that--
``(A) the veteran will be qualified for employment
in that field upon completion of training; and
``(B) the employer providing the program will hire
the veteran at the completion of training.
``(c) Payments to Employers.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall enter into contracts with
employers to provide programs of apprenticeship or on-the-job
training which meet the requirements of this section. Such
contract shall provide for the payment of the amounts described
in subsection (b) to employers whose programs meet such
requirements.
``(2) Amount of payments.--The amount paid under this
section with respect to any eligible veteran for any period
shall be 50 percent of the wages paid by the employer to such
veteran for such period. Wages shall be calculated on an hourly
basis.
``(3) Amount and duration of payments.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) the amount paid under this section
with respect to a veteran participating in the
program established under this section may not
exceed $20,000 in the aggregate and $1,666.67
per month; and
``(ii) such payments may only be made
during the first 12 months of such veteran's
participation in the program.
``(B) Veterans participating on less than full-time
basis.--In the case of a veteran participating in the
program on a less than full-time basis, the Secretary
may extend the number of months of payments under
subparagraph (A) and proportionally adjust the amount
of such payments, but the maximum amount paid with
respect to a veteran may not exceed the maximum amount
of $20,000 and the maximum amount of such payments may
not exceed 24 months.
``(4) Payments made on quarterly basis.--Payments under
this section shall be made on a quarterly basis.
``(5) Employer report.--Each employer providing a program
of apprenticeship or on-the-job training pursuant to this
section shall submit to the Secretary on a quarterly basis a
report certifying the wages paid to eligible veterans under
such program (which shall be certified by the veteran as being
correct) and containing such other information as the Secretary
may specify. Such report shall be submitted in the form and
manner required by the Secretary.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $60,000,000 for each of fiscal years 2009 through 2018 to
carry out this section.
``(e) Reporting.--The Secretary shall include a detailed
description of activities carried out under this section in the annual
report prepared by the Veterans Benefits Administration.
``(f) Separate Accounting.--The Department shall have a separate
line item in budget proposals of the Department for funds to be
appropriated to carry out this section.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 3687 the
following new item:
``3687A. Military occupational specialty transition (MOST) program.''.
(c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034
of such title is amended by striking ``and 3687'' and inserting ``3687,
and 3687A''.
(2) Subsections (a)(1) and (c) of section 3241 of such title are
each amended by striking ``section 3687'' and inserting ``sections 3687
and 3687A''.
(3) Subsection (d)(1) of section 3672 of such title is amended by
striking ``and 3687'' and inserting ``3687, and 3687A''.
(4) Paragraph (3) of section 4102A(b) of such title is amended by
striking ``section 3687'' and inserting ``section 3687 or 3687A''.
Passed the House of Representatives July 31, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 6221
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to include in each contract the Secretary enters for
the acquisition of goods and services a provision that requires the
contractee to comply with the contracting goals and preferences for
small business concerns owned or controlled by veterans, and for other
purposes.