[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.