Short title

This Act may be cited as the

Improving Veterans’ Opportunity in Education and Business Act of 2008

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.)

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.

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:

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.