[Congressional Record Volume 152, Number 98 (Monday, July 24, 2006)]
[House]
[Pages H5640-H5647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS SMALL BUSINESS AND MEMORIAL AFFAIRS ACT OF 2006
Mr. BRADLEY of New Hampshire. Madam Speaker, I move to suspend the
rules and pass the bill (H.R. 3082) to amend title 38, United States
Code, to require that 9 percent of procurement contracts entered into
by the Department of Veterans Affairs be awarded to small business
concerns owned by veterans, and for other purposes, as amended.
The Clerk read as follows
H.R. 3082
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Small Business and Memorial Affairs Act of 2006''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SMALL BUSINESS
Sec. 101. Department of Veterans Affairs goals for participation by
small businesses owned and controlled by veterans in
procurement contracts.
Sec. 102. Department of Veterans Affairs contracting priority for
veteran-owned small businesses.
Sec. 103. Effective date.
TITLE II--MEMORIAL AFFAIRS
Sec. 201. Eligibility of Indian tribal organizations for grants for the
establishment of veterans cemeteries on trust lands.
Sec. 202. Repeal of expiration and expanded application of Department
of Veterans Affairs benefit for Government markers or
headstones for marked graves of veterans buried in
private cemeteries.
Sec. 203. Provision of Government memorial headstones or markers and
memorial inscriptions for deceased dependent children of
veterans whose remains are unavailable for burial.
TITLE III--VETERANS' EMPLOYMENT AND TRAINING
Sec. 301. Professional qualifications for disabled veterans' outreach
program specialists and local veterans' employment
representatives.
Sec. 302. Rules for part-time employment for disabled veterans'
outreach program specialists and local veterans'
employment representatives.
Sec. 303. State licensing and certification programs for veterans.
Sec. 304. Training of new disabled veterans' outreach program
specialists and local veterans' employment
representatives by NVTI required.
Sec. 305. Matters for inclusion in annual report on VETS program.
Sec. 306. Demonstration project on contracting for placement of certain
disabled veterans.
Sec. 307. Performance incentive awards for employment service offices.
Sec. 308. Department of Labor implementation of priority of service for
veterans requirement.
Sec. 309. Demonstration project on credentialing and licensure of
veterans.
TITLE IV--EDUCATION
Sec. 401. Exception for institutions offering Government-sponsored
nonaccredited courses to requirement of refunding unused
tuition.
Sec. 402. Extension of work-study allowance.
Sec. 403. Report on improvement in administration of educational
assistance benefits.
Sec. 404. Restoration of lost entitlement for individuals who had to
discontinue a course of education because of being
ordered to full-time National Guard duty.
Sec. 405. Technical amendments.
TITLE I--SMALL BUSINESS
SEC. 101. DEPARTMENT OF VETERANS AFFAIRS GOALS FOR
PARTICIPATION BY SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS IN PROCUREMENT
CONTRACTS.
(a) In General.--Subchapter II of chapter 81 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 8127. Small business concerns owned and controlled by
veterans; Department contracting goals and preferences
``(a) Contracting Goals.--(1) In order to increase
contracting opportunities for small business concerns owned
and controlled by veterans and small business concerns owned
and controlled by veterans with service-connected
disabilities, the Secretary shall--
``(A) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and controlled
by veterans who are not veterans with service-connected
disabilities in accordance with paragraph (2); and
``(B) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and controlled
by veterans with service-connected disabilities in accordance
with paragraph (3).
``(2) The goal for a fiscal year for participation under
paragraph (1)(A) shall be determined by the Secretary.
``(3) The goal for a fiscal year for participation under
paragraph (1)(B) shall be not less than the Government-wide
goal for that fiscal year for participation by small business
concerns owned and controlled by veterans with service-
connected disabilities under section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1)).
``(4) The annual performance review of the senior official
of each Administration of the Department and each Assistant
Secretary of the Department with procurement authority shall
include an assessment of whether or not that official or
Assistant Secretary met the contracting goals established
pursuant to this subsection during the year for which the
performance review is conducted with respect to contracts
awarded during that year for which that official or Assistant
Secretary had responsibility. If the official or Assistant
Secretary is found not to have met such contracting goals,
the official or Assistant Secretary shall not receive an
award known as a performance award or an award known as a
presidential rank award for that year.
``(5) In the case of a subcontract of a Department contract
that is counted for purposes of meeting a goal established
pursuant to this section, the Secretary shall conduct a
review of the contract and subcontract to verify that the
subcontract was actually awarded to a business concern that
may be counted for purposes of meeting that goal.
``(6) The Secretary shall maintain a list based on the
reviews conducted under paragraph (5) that contains the name
of the contractor associated with each contract reviewed
under that paragraph and whether each subcontract awarded by
the contractor that is counted for purposes of meeting a goal
established pursuant to this section was actually awarded to
and performed by a business concern that may be counted for
purposes of meeting that goal. The Secretary shall make such
list publicly available.
``(b) Use of Noncompetitive Procedures for Certain Small
Contracts.--For purposes of meeting the goals under
subsection (a), and in accordance with this section, in
entering into a contract with a small business concern owned
and controlled by veterans for an amount less than the
simplified acquisition threshold (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403)), a contracting officer of the Department may use
procedures other than competitive procedures.
``(c) Sole Source Contracts for Contracts Above Simplified
Acquisition Threshold.--For purposes of meeting the goals
under subsection (a), and in accordance with this section, a
contracting officer of the Department may award a contract to
a small business concern owned and controlled by veterans
using procedures other than competitive procedures if--
``(1) such concern is determined to be a responsible source
with respect to performance of such contract opportunity;
[[Page H5641]]
``(2) the anticipated award price of the contract
(including options) will exceed the simplified acquisition
threshold (as defined in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) but will not exceed
$5,000,000; and
``(3) in the estimation of the contracting officer, the
contract award can be made at a fair and reasonable price
that offers best value to the United States.
``(d) Use of Restricted Competition.--Except as provided in
subsections (b) and (c), for purposes of meeting the goals
under subsection (a), and in accordance with this section, a
contracting officer of the Department shall award contracts
on the basis of competition restricted to small business
concerns owned and controlled by veterans if the contracting
officer has a reasonable expectation that two or more small
business concerns owned and controlled by veterans will
submit offers and that the award can be made at a fair and
reasonable price that offers best value to the United States.
``(e) Eligibility of Small Business Concerns.--A small
business concern may be awarded a contract under this section
only if the small business concern and the veteran owner of
the small business concern are listed in the database of
veteran-owned businesses maintained by the Secretary under
subsection (f).
``(f) Database of Veteran-Owned Businesses.--(1) Subject to
paragraphs (2) through (6), the Secretary shall maintain a
database of small business concerns owned and controlled by
veterans and the veteran owners of such business concerns.
``(2) To be eligible for inclusion in the database, such a
veteran shall submit to the Secretary such information as the
Secretary may require with respect to the small business
concern or the veteran.
``(3) Information maintained in the database shall be
submitted on a voluntary basis by such veterans.
``(4) In maintaining the database, the Secretary shall
carry out at least the following two verification functions:
``(A) Verification that each small business concern listed
in the database is owned and controlled by veterans.
``(B) In the case of a veteran who indicates a service-
connected disability, verification of the service-disabled
status of such veteran.
``(5) The Secretary shall make the database available to
all Federal departments and agencies and notify each such
department and agency of the availability of the database.
``(6) If the Secretary determines that the public
dissemination of certain types of information maintained in
the database is inappropriate, the Secretary shall take such
steps as are necessary to maintain such types of information
in a secure and confidential manner.
``(g) Enforcement Penalties for Misrepresentation.--Any
small business concern that is determined by the Secretary to
have misrepresented the status of that concern as a small
business concern owned and controlled by veterans or as a
small business concern owned and controlled by service-
disabled veterans for purposes of this subsection shall be
debarred from contracting with the Department for a period of
five years.
``(h) Treatment of Businesses After Death of Veteran-
Owner.--(1) If the death of a veteran causes a small business
concern to be less than 51 percent owned by one or more
veterans, the surviving spouse of such veteran who acquires
ownership rights in such small business concern shall, for
the period described in paragraph (2), be treated as if the
surviving spouse were that veteran for the purpose of
maintaining the status of the small business concern as a
small business concern owned and controlled by veterans.
``(2) The period referred to in paragraph (1) is the period
beginning on the date on which the veteran dies and ending on
the earliest of the following dates:
``(A) The date on which the surviving spouse remarries.
``(B) The date on which the surviving spouse relinquishes
an ownership interest in the small business concern.
``(C) The date that is ten years after the date of the
veteran's death.
``(3) The death of a veteran-owner of a small business
concern or a surviving spouse of such a veteran-owner who
acquires ownership rights in such concern shall not be cause
for termination of a contract awarded under this section that
is in effect at the time of death of such owner or surviving
spouse.
``(i) Change in Ownership or Control.--(1) Except as
provided in subsection (h), if a small business concern that
is awarded a contract under this section undergoes a change
in management or control during the period for which the
contract is in effect such that it is no longer a small
business concern owned and controlled by veterans, the
Secretary shall end the contract on the date on which the
performance of the term of the contract is complete.
``(2) Such a contract that contains an option or options to
extend the contract may be extended for a total of not more
than 1 year pursuant to any such option.
``(j) Priority for Contracting Preferences.--Preferences
for awarding contracts to small business concerns shall be
applied in the following order of priority:
``(1) Contracts awarded pursuant to subsection (b), (c), or
(d) to small business concerns owned and controlled by
veterans with service-connected disabilities.
``(2) Contracts awarded pursuant to subsection (b), (c), or
(d) to small business concerns owned and controlled by
veterans that are not covered by subparagraph (A).
``(3) Contracts awarded pursuant to--
``(A) section 8(a) of the Small Business Act (15 U.S.C.
637(a)); or
``(B) section 31 of such Act (15 U.S.C. 657a).
``(4) Contracts awarded pursuant to any other small
business contracting preference.
``(k) Quarterly Reports.--Not later than 60 days after the
last day of a fiscal quarter, the Secretary shall submit to
Congress a report on small business contracting during that
fiscal quarter, which shall include the following:
``(1) The percentage of the total amount of all contracts
awarded by the Department during that fiscal quarter that
were awarded to small business concerns owned and controlled
by veterans.
``(2) The percentage of the total amount of all such
contracts awarded to small business concerns owned and
controlled by veterans with service-connected disabilities.
``(3) The percentage of the total amount of all contracts
awarded by each Administration of the Department during that
fiscal quarter that were awarded to small business concerns
owned and controlled by veterans.
``(4) The percentage of the total amount of all contracts
awarded by each such Administration during that fiscal
quarter that were awarded to small business concerns owned
and controlled by veterans.
``(l) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by veterans' means a small business concern--
``(A)(i) not less than 51 percent of which is owned by one
or more veterans or, in the case of a publicly owned
business, not less than 51 percent of the stock of which is
owned by one or more veterans; and
``(ii) the management and daily business operations of
which are controlled by one or more veterans; or
``(B) not less than 51 percent of which is owned by one or
more veterans with service-connected disabilities that are
permanent and total who are unable to manage the daily
business operations of such concern or, in the case of a
publicly owned business, not less than 51 percent of the
stock of which is owned by one or more such veterans.''.
(b) Transition Rule.--A small business concern that is
listed in any small business database maintained by the
Secretary of Veterans Affairs on the date of the enactment of
this Act shall be presumed to be eligible for inclusion in
the database under subsection (f) of section 8127 of title
38, United States Code, as added by subsection (a), during
the period beginning on the date of the enactment of this Act
and ending one year after the date of the enactment of this
Act. Such a small business concern may be removed from the
database during that period if it is found not to be a small
business concern owned and controlled by veterans (as defined
in subsection (l) of such section).
(c) Comptroller General Report and Study.--(1) During the
first three fiscal years for which this section is in effect,
the Comptroller General shall conduct a study on the efforts
made by the Secretary of Veterans Affairs to meet the
contracting goals established pursuant to section 8127 of
title 38, United States Code, as added by subsection (a).
(2) On January 31 of each year during which the Comptroller
General conducts the study under paragraph (1), the
Comptroller General shall submit to Congress an interim
report on such study, placing special emphasis on any
structural or organizational issues within the Department of
Veterans Affairs that might act as an impediment to reaching
such contracting goals.
(3) Not later than 90 days after the end of the three-year
period during which the Comptroller General conducts the
study under paragraph (1), the Comptroller General shall
submit to Congress a report on the findings of such study.
(d) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8126 the following new item:
``8127. Small business concerns owned and controlled by veterans;
Department contracting goals and preferences.''.
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS CONTRACTING PRIORITY
FOR VETERAN-OWNED SMALL BUSINESSES.
(a) Priority for Veteran-Owned Small Businesses.--
Subchapter II of chapter 81 of title 38, United States Code,
as amended by section 101(a), is further amended by adding at
the end the following new section:
``Sec. 8128. Contracting priority for small business concerns
owned and controlled by veterans
``(a) In General.--In procuring goods and services pursuant
to a contracting preference under this title or any other
provision of law, the Secretary shall give priority to a
small business concern owned and controlled by veterans, if
such business concern also meets the requirements of that
contracting preference.
``(b) Definition.--The term `small business concern owned
and controlled by veterans' means a small business concern
that is on the list maintained by the Secretary under section
8127(f) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by section 101, is
further amended by inserting after the item relating to
section 8127 the following new item:
``8128. Contracting priority for small business concerns owned and
controlled by veterans.''.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on the date that is 180 days after the date of the
enactment of this Act.
[[Page H5642]]
TITLE II--MEMORIAL AFFAIRS
SEC. 201. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS FOR
GRANTS FOR THE ESTABLISHMENT OF VETERANS
CEMETERIES ON TRUST LANDS.
Section 2408 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) The Secretary may make grants under this
subsection to any tribal organization to assist the tribal
organization in establishing, expanding, or improving
veterans' cemeteries on trust land owned by, or held in trust
for, the tribal organization.
``(2) Grants under this subsection shall be made in the
same manner, and under the same conditions, as grants to
States are made under the preceding provisions of this
section.
``(3) In this subsection:
``(A) The term `tribal organization' has the meaning given
that term in section 3765(4) of this title.
``(B) The term `trust land' has the meaning given that term
in section 3765(1) of this title.''.
SEC. 202. REPEAL OF EXPIRATION AND EXPANDED APPLICATION OF
DEPARTMENT OF VETERANS AFFAIRS BENEFIT FOR
GOVERNMENT MARKERS OR HEADSTONES FOR MARKED
GRAVES OF VETERANS BURIED IN PRIVATE
CEMETERIES.
(a) Repeal of Expiration of Government Marker Benefit and
Obsolete Provision.--Section 2306(d) of title 38, United
States Code, is amended by striking paragraphs (3) and (4).
(b) Application of Government Marker Benefit to Veterans
Dying on or After November 1, 1990.--Subsection (d) of
section 502 of the Veterans Education and Benefits Expansion
Act of 2001 (Public Law 107-103; 38 U.S.C. 2306 note) is
amended by striking ``September 11, 2001'' and inserting
``November 1, 1990''.
(c) Provision of Government Headstones.--
(1) Provision of headstones.--Subsection (d) of section
2306 of title 38, United States Code, is amended--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``headstone or''
after ``Government''; and
(ii) in the second sentence, by inserting ``headstone or''
before ``marker'' each place it appears; and
(B) in paragraph (2), by inserting ``headstone or'' before
``marker''.
(2) Conforming amendment.--Subsection (g)(3) of such
section is amended by inserting ``headstone or'' before
``marker''.
(d) Placement of Government Headstones or Markers.--
Subsection (d)(1) of such section, as amended by subsection
(c), is further amended by adding at the end the following
new sentence: ``If placing the Government headstone or marker
on the grave for which it is requested is impossible or
impracticable, a headstone or marker may be furnished if the
individual making the request for the headstone or marker
certifies to the Secretary that the headstone or marker will
be placed within the grounds of the cemetery in which the
grave for which the headstone or marker is requested and as
close as possible or practicable to that grave.''.
(e) Delivery of Government Headstones or Markers.--
Subsection (d)(2) of such section, as amended by subsection
(c), is further amended by inserting before the period at the
end the following: ``or to a receiving agent of that
cemetery''.
(f) Selection of Government Headstones and Markers.--
Subsection (d) of such section, as amended by subsections
(a), (c), (d), and (e), is further amended by adding at the
end the following new paragraph (3):
``(3) The headstone or marker furnished under this
subsection shall be the headstone or marker selected by the
individual making the request for the headstone or marker
from among all the headstones and markers made available by
the Government and certified as acceptable for placement.''.
(g) Retroactive Effective Date.--The amendments made by
this section shall apply as if enacted in section 502 of the
Veterans Education and Benefits Expansion Act of 2001 (Public
Law 107-103; 38 U.S.C. 2306 note).
SEC. 203. PROVISION OF GOVERNMENT MEMORIAL HEADSTONES OR
MARKERS AND MEMORIAL INSCRIPTIONS FOR DECEASED
DEPENDENT CHILDREN OF VETERANS WHOSE REMAINS
ARE UNAVAILABLE FOR BURIAL.
(a) Provision of Memorial Headstones or Markers.--
Subsection (b) of section 2306 of title 38, United States
Code, is amended--
(1) by adding at the end of paragraph (2) the following new
subparagraph:
``(C) An eligible dependent child of a veteran.''; and
(2) by adding at the end of paragraph (4) the following new
subparagraph:
``(C) For purposes of this section, the term `eligible
dependent child' means a child--
``(i) who is under 21 years of age, or under 23 years of
age if pursuing a course of instruction at an approved
educational institution; or
``(ii) who is unmarried and became permanently physically
or mentally disabled and incapable of self-support before
reaching 21 years of age, or before reaching 23 years of age
if pursuing a course of instruction at an approved
educational institution.''.
(b) Addition of Memorial Inscription to Headstone or Marker
of Veteran.--Subsection (f) of such section is amended by
inserting ``or eligible dependent child'' after ``surviving
spouse'' both places it appears.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply with respect to individuals dying after
the date of the enactment of this Act.
TITLE III--VETERANS' EMPLOYMENT AND TRAINING
SEC. 301. PROFESSIONAL QUALIFICATIONS FOR DISABLED VETERANS'
OUTREACH PROGRAM SPECIALISTS AND LOCAL
VETERANS' EMPLOYMENT REPRESENTATIVES.
(a) Establishment of Guidelines by Secretary.--Section 4107
of title 38, United States Code, is amended by adding at the
end the following new subsection:
``(d) The Secretary shall maintain guidelines for use by
States in establishing the professional qualifications
required under subclause (IV) of section 4102A(c)(2)(A)(i) of
this title for determining the eligibility for employment,
and eligibility for the continued employment, of State
employees who are designated as disabled veterans' outreach
program specialists and local veterans' employment
representatives under this chapter.''.
(b) Submission of Annual Professional Qualifications as a
Condition of State Receipt of Funds Under VETS Program.--
Clause (i) of section 4102A(c)(2)(A) of such title is
amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subclauses:
``(IV) the professional qualifications used by the State
for determining the eligibility for employment, and
eligibility for continued employment, of State employees who
are designated as disabled veterans' outreach program
specialists and local veterans' employment representatives
under this chapter; and
``(V) the training required or provided by the State for
State employees who are designated as disabled veterans'
outreach program specialists and local veterans' employment
representatives under this chapter.''.
(c) Deadline for Establishment of Qualifications.--The
Secretary of Labor shall establish the guidelines for
professional qualifications required by sections 4107(d) of
title 38, United States Code, as added by subsection (a), not
later than the date that is 180 days after the date of the
enactment of this Act.
(d) Technical Amendments.--
(1) Amendments.--Section 4102A of such title, as amended by
subsection (b), is further amended--
(A) in subsection (c)--
(i) by striking clause (ii) of paragraph (2)(B) and
redesignating clause (iii) as clause (ii); and
(ii) in paragraph (6)--
(I) by inserting ``(29 U.S.C. 2801 et seq.)'' after ``the
Workforce Investment Act of 1998''; and
(II) by inserting ``(29 U.S.C. 49 et seq.)'' after ``the
Wagner-Peyser Act''; and
(B) in subsection (f)--
(i) in paragraph (1), by striking ``establish and''; and
(ii) by striking the heading and inserting the following:
``Performance Standards and Outcomes Measures.--''.
(2) Effective date.--The amendment made by clause (i) of
paragraph (1)(A) shall take effect on October 1, 2006.
SEC. 302. RULES FOR PART-TIME EMPLOYMENT FOR DISABLED
VETERANS' OUTREACH PROGRAM SPECIALISTS AND
LOCAL VETERANS' EMPLOYMENT REPRESENTATIVES.
(a) Disabled Veterans' Outreach Program Specialists.--
Section 4103A of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(c) Part-Time Employees.--A part-time disabled veterans'
outreach program specialist shall perform the functions of a
disabled veterans' outreach program specialist under this
section on a half-time basis.''.
(b) Local Veterans' Employment Representatives.--Section
4104 of such title is amended by adding at the end the
following new subsection:
``(e) Part-Time Employees.--A part-time local veterans'
employment representative shall perform the functions of a
local veterans' employment representative under this section
on a half-time basis.''.
(c) Effective Date.--Sections 4103A(c) and 4104(e) of title
38, United States Code, as added by subsections (a) and (b),
shall apply with respect to pay periods beginning after the
date that is 180 days after the date of the enactment of this
Act.
SEC. 303. STATE LICENSING AND CERTIFICATION PROGRAMS FOR
VETERANS.
(a) Requirement as a Condition of VETS Funding.--Section
4102A(c) of title 38, United States Code, as amended by
section 301, is further amended by adding at the end the
following new paragraph:
``(8) As a condition of a grant or contract under which
funds are made available to a State in order to carry out
section 4103A or 4104 of this title, the Secretary shall
require the State to provide a licensing and certification
program under which a veteran may receive credit toward a
license or certification based on training or experience the
veteran acquired while serving in the Armed Forces.''.
(b) Effective Date.--Section 4102A(c)(8) of title 38,
United States Code, as added by subsection (a), shall apply
to a grant or contract under which funds are made available
to a State in order to carry out section 4103A or 4104 of
such title beginning with the second program year beginning
after the date of the enactment of this Act.
SEC. 304. TRAINING OF NEW DISABLED VETERANS' OUTREACH PROGRAM
SPECIALISTS AND LOCAL VETERANS' EMPLOYMENT
REPRESENTATIVES BY NVTI REQUIRED.
(a) Training Required.--Section 4102A(c) of title 38,
United States Code, is further amended by adding after
paragraph (8), as added by section 303, the following new
paragraph:
``(9)(A) As a condition of a grant or contract under which
funds are made available to a State
[[Page H5643]]
in order to carry out section 4103A or 4104 of this title,
the Secretary shall require the State to require each
employee hired by the State who is designated as disabled
veterans' outreach program specialist or a local veterans'
employment representative under this chapter to
satisfactorily complete training provided by the National
Veterans' Employment and Training Services Institute during
the three-year period that begins on the date on which the
employee is so designated.
``(B) For any employee described in subparagraph (A) who
does not complete such training during such period, the
Secretary may reduce by an appropriate amount the amount made
available to the State employing that employee.''.
(b) Submission of Employee Training Information Required.--
Section 4102A(c)(2)(A) of such title is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new clause
(iii):
``(iii) For each employee of the State who is designated as
disabled veterans' outreach program specialist or a local
veterans' employment representative under this chapter--
``(I) the date on which the employee is so designated; and
``(II) whether the employee has satisfactorily completed
training provided by the National Veterans' Employment and
Training Services Institute.''.
(c) Applicability.--
(1) Applicability to new employees.--Paragraph (9) of
section 4102A(c) of such title, as added by subsection (a),
and clause (iii) of section 4102A(c)(2)(A) of such title, as
added by subsection (b), shall apply with respect to a State
employee designated as a disabled veterans' outreach program
specialist or a local veterans' employment representative
under chapter 41 of such title who is so designated after the
date of the enactment of this Act.
(2) Applicability to certain employees hired before date of
enactment.--The Secretary of Labor shall apply such paragraph
to a State employee designated as a disabled veterans'
outreach program specialist or a local veterans' employment
representative under chapter 41 of such title who was so
designated during the five-year period before the date of the
enactment of this Act by substituting ``during the period
beginning on the date on which the employee is so designated
and ending on the date that is five years after the date of
the enactment of the Veterans Small Business and Memorial
Affairs Act of 2006'' for ``during the three-year period that
begins on the date on which the employee is so designated''.
SEC. 305. MATTERS FOR INCLUSION IN ANNUAL REPORT ON VETS
PROGRAM.
Section 4107(c) of title 38, United States Code, is
amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (10) through (13), respectively; and
(2) by inserting after paragraph (2) the following new
paragraphs:
``(3) the number of veterans, disabled veterans, and
special disabled veterans who requested training from the
public employment service system;
``(4) the total number of eligible veterans participating
in each program for the provision of employment and training
services designed to meet the needs of eligible veterans and
eligible persons and the number of such veterans as a
percentage of the total number of participants in each such
program;
``(5) for each State, the percentage of persons seeking
employment in the State who are veterans;
``(6) for each State, the number of veterans referred to a
small business development center in that State and the
number of veterans referred to the National Veterans Business
Development Corporation established under section 33 of the
Small Business Act (15 U.S.C. 657c);
``(7) the total number of such veterans and disabled
veterans who remain employed for at least 90 days in such
jobs;
``(8) the number of such veterans and disabled veterans who
remain employed for at least 180 days in such jobs;
``(9) the average starting wage or salary paid to such
veterans and disabled veterans and, if applicable, the
average wage or salary paid to such veterans and disabled
veterans as of the 180th day of employment;''.
SEC. 306. DEMONSTRATION PROJECT ON CONTRACTING FOR PLACEMENT
OF CERTAIN DISABLED VETERANS.
(a) Demonstration Project.--Section 4102A of title 38,
United States Code, as amended by sections 301, 303, and 304,
is further amended by adding at the end the following new
subsection:
``(h) Demonstration Project on Contracting for Placement of
Veterans in High-Unemployment Areas.--(1) From unobligated
funds made available for a fiscal year to carry out sections
4103A and 4104 of this title, the Secretary of Labor, acting
through the Assistant Secretary of Labor for Veterans'
Employment and Training, may enter into a contract with a
nongovernmental entity to carry out job placement services
for veterans during that fiscal year in a locality where the
unemployment rate for veterans exceeds the national average
unemployment rate.
``(2) In entering into a contract under paragraph (1), the
Secretary of Labor may use procedures other than competitive
procedures.
``(3) In entering into a contract under paragraph (1), the
Secretary of Labor shall give priority to a small business
concern owned and controlled by veterans that is listed in
any small business database maintained by the Secretary of
Veterans Affairs.
``(4) The total amount obligated under contracts entered
into under paragraph (1) for any fiscal year may not exceed
$3,000,000.
``(5) The authority to enter into a contract under this
subsection shall terminate on the date that is five years
after the date of the enactment of the Veterans Small
Business and Memorial Affairs Act of 2006.''.
(b) GAO Report.--Not later than four years after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committees on Veterans' Affairs of the Senate
and House of Representatives a report on the demonstration
project under subsection (h) of section 4102A of title 38,
United States Code, as added by subsection (a).
SEC. 307. PERFORMANCE INCENTIVE AWARDS FOR EMPLOYMENT SERVICE
OFFICES.
(a) Provision of Incentives to Employment Service
Offices.--Section 4112 of title 38, United States Code, is
amended--
(1) in subsection (a)(1)(B), by inserting ``and employment
service offices'' after ``recognize eligible employees'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``is'' and inserting ``in the case of such
an award made to an eligible employee, shall be''; and
(ii) by striking the period at the end and inserting the
following: ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) in the case of such an award made to an employment
service office, may be used by that employment service office
for any purpose.''.
(b) Conforming Amendment.--The heading for subsection (c)
of such section is amended to read as follows:
``Administration and Use of Awards.--''.
SEC. 308. DEPARTMENT OF LABOR IMPLEMENTATION OF PRIORITY OF
SERVICE FOR VETERANS REQUIREMENT.
Not later than one year after the date of the enactment of
this Act, the Secretary of Labor shall prescribe regulations
to implement section 4215 of title 38, United States Code.
SEC. 309. DEMONSTRATION PROJECT ON CREDENTIALING AND
LICENSURE OF VETERANS.
(a) Establishment of Demonstration Project.--Chapter 41 of
title 38, United States Code, is amended by adding at the end
the following new section:
``Sec. 4114. Demonstration project on credentialing and
licensure of veterans
``(a) Establishment and Purpose of Demonstration Project.--
The Assistant Secretary for Veterans' Employment and Training
shall carry out a demonstration project on credentialing in
accordance with this section for the purpose of facilitating
the seamless transition of members of the Armed Forces from
service on active duty to civilian employment.
``(b) Credentialing and Licensure of Veterans.--(1) The
Assistant Secretary shall select not less than ten military
occupational specialties for purposes of the demonstration
project. Each such speciality selected by the Assistant
Secretary shall require a skill or set of skills that is
required for civilian employment in an industry with high
growth or high worker demand.
``(2) The Assistant Secretary shall consult with
appropriate Federal, State, and industry officials to
identify requirements for credentials, certifications, and
licenses that require a skill or set of skills required by a
military occupational specialty identified under paragraph
(1).
``(3) The Assistant Secretary shall analyze the
requirements identified under paragraph (2) to determine
which requirements may be satisfied by the skills, training,
or experience acquired by members of the Armed Forces with
the military occupational specialties selected under
paragraph (1).
``(c) Elimination of Barriers to Credentialing and
Licensure.--The Assistant Secretary shall cooperate with
appropriate Federal, State, and industry officials to reduce
or eliminate any barriers to providing a credential,
certification, or license to a veteran who acquired any
skill, training, or experience while serving as a member of
the Armed Forces with a military occupational specialty
selected under subsection (b)(1) that satisfies the Federal
and State requirements for the credential, certification, or
license.
``(d) Task Force.--The Assistant Secretary may establish a
task force of individuals with appropriate expertise to
provide assistance to the Assistant Secretary in carrying out
this section.
``(e) Consultation.--In carrying out this section, the
Assistant Secretary shall consult with the Secretary of
Defense, the Secretary of Veterans Affairs, appropriate
Federal and State officials, private-sector employers, labor
organizations, and industry trade associations.
``(f) Contract Authority.--For purposes of carrying out any
part of the demonstration project under this section, the
Assistant Secretary may enter into a contract with a public
or private entity with appropriate expertise.
``(g) Period of Project.--The Assistant Secretary shall
carry out the demonstration project under this section during
the period beginning on the date that is 60 days after the
date of the enactment of this section and ending on September
30, 2009.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Assistant Secretary to
carry out this section $1,000,000 for each of fiscal years
2007 through 2009.''.
(b) Membership of Advisory Committee on Veterans
Employment, Training, and Employer Outreach.--Section
4110(c)(1)(A) of such title is amended--
(1) by striking ``Six'' and inserting ``Seven''; and
(2) by adding at the end the following new clause:
[[Page H5644]]
``(vii) The National Governors Association.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 41 of such title is amended by adding at
the end the following new item:
``4114. Demonstration project on credentialing and licensure of
veterans.''.
TITLE IV--EDUCATION
SEC. 401. EXCEPTION FOR INSTITUTIONS OFFERING GOVERNMENT-
SPONSORED NONACCREDITED COURSES TO REQUIREMENT
OF REFUNDING UNUSED TUITION.
Section 3676(c)(13) of title 38, United States Code, is
amended by striking ``prior to completion'' and all that
follows and inserting the following: ``before completion
and--
``(A) in the case of an institution other than (i) a
Federal, State, or local Government institution or (ii) an
institution described in subparagraph (B), such policy
provides that the amount charged to the eligible person for
tuition, fees, and other charges for a portion of the course
shall not exceed the approximate pro rata portion of the
total charges for tuition, fees, and other charges that the
length of the completed portion of the course bears to its
total length; and
``(B) in the case of an institution that is a nonaccredited
public educational institution, the institution has and
maintains a refund policy regarding the unused portion of
tuition, fees, and other charges that is substantially the
same as the refund policy followed by accredited public
educational institutions located within the same State as
such institution.''.
SEC. 402. EXTENSION OF WORK-STUDY ALLOWANCE.
Section 3485(a)(4) of title 38, United States Code, is
amended by striking ``December 27, 2006'' each place it
appears and inserting ``June 30, 2007''.
SEC. 403. REPORT ON IMPROVEMENT IN ADMINISTRATION OF
EDUCATIONAL ASSISTANCE BENEFITS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the administration of education benefits
under chapters 30, 31, 32, 34, 35, and 36 of title 38, United
States Code, and chapters 1606 and 1607 of title 10, United
States Code, that proposes methods to streamline the
processes and procedures of administering such benefits.
SEC. 404. RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS WHO
HAD TO DISCONTINUE A COURSE OF EDUCATION
BECAUSE OF BEING ORDERED TO FULL-TIME NATIONAL
GUARD DUTY.
(a) Restoration of Entitlement.--Section 3511(a)(2)(B)(i)
of title 38, United States Code, is amended by inserting
after ``title 10'' the following: ``or of being involuntarily
ordered to full-time National Guard duty under section 502(f)
of title 32''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to a payment of educational
assistance allowance made after September 11, 2001.
SEC. 405. TECHNICAL AMENDMENTS.
Section 3485 of title 38, United States Code, is amended--
(1) in subsection (a)(4)(E), by inserting ``or 1607'' after
``chapter 1606'';
(2) in subsection (b), by striking ``chapter 106'' and
inserting ``chapter 1606 or 1607''; and
(3) in subsection (e)(1)--
(A) by striking ``services of the kind described in clauses
(A) through (E) of subsection (a)(1) of this section'' and
inserting ``a qualifying work-study activity described in
subsection (a)(4)''; and
(B) by striking ``chapter 106'' and inserting ``chapter
1606 or 1607''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Hampshire (Mr. Bradley) and the gentleman from Colorado (Mr. Salazar)
each will control 20 minutes.
The Chair recognizes the gentleman from New Hampshire.
Mr. BRADLEY of New Hampshire. Madam Speaker, I yield myself such time
as I may consume.
(Mr. BRADLEY of New Hampshire asked and was given permission to
revise and extend his remarks.)
Mr. BRADLEY of New Hampshire. Madam Speaker, I start out again by
thanking my friend from Colorado for his work on this bill.
Madam Speaker, I rise today in support of H.R. 3082, as amended, the
Veterans Small Business and Memorial Affairs Act of 2006.
Title I of this bill improves the status of veteran and disabled
veteran small businesses when competing for contracts at the Department
of Veterans Affairs. It would be a reasonable expectation, Madam
Speaker, that of all the Federal Government's agencies, the Department
of Veterans Affairs would be a leader in achieving the President's goal
for annual procurement from at least 3 percent disabled veteran-owned
businesses. Sadly, not. Our most recent data from fiscal year 2005
indicates that VA did barely over half of what the President asked and
public law required.
Deficient as it is, VA's record beats many other agencies, including
the Department of Defense. According to the Small Business
Administration, only three of 81 Federal agencies met the President's 3
percent goal.
H.R. 3082, as amended, would require the VA Secretary to establish
annual contracting goals for small businesses owned and controlled by
veterans and service-disabled veterans. The goal for service-disabled
veterans shall not be less than 3 percent.
The Department of Veterans Affairs would also be required under title
I to maintain and validate a database of small businesses owned by
veterans and disabled veterans.
The bill would clarify veterans small business competition rules for
contracts worth less than $5 million.
Veteran and service-disabled, veteran-owned small businesses would be
given priority in VA contracting, as well as priority among other set-
aside groups eligible for preferential treatment under the Small
Business Act.
Title I of the bill would allow a business' status as a veteran or
disabled veteran-owned small business to continue for a period of 10
years following the death of the veteran owner if the surviving spouse
owns the business.
Under title II of the bill, tribal governments would be allowed to
participate in VA's State Cemetery Grants Program. This program, which
dates back to 1978, complements the Department's national cemetery
system. Tribal governments, however, are not eligible to participate.
This bill would correct that deficiency and help recognize the
unexcelled service of Native Americans in our Nation's Armed Forces by
facilitating the establishment of veterans' cemeteries on trust land.
Title II contains a provision that would permanently authorize the VA
Secretary to provide the family of a veteran interred in a private
cemetery with a government marker in addition to any headstone the
family may have provided.
Congress had given the Secretary a 5-year authority effective for
deaths that occurred as of September 11, 2001. This bill would also
expand the benefit to include veterans who died between November 1,
1990, and September 10, 2001. This provision would also permit the
Secretary to offer a headstone in lieu of a marker, if the family so
requests.
The simple elegance of the veteran's marker, used since just after
our Civil War in American cemeteries from Arlington to Normandy, holds
a sacred place in the hearts of many veterans and families.
On behalf of Chairman Buyer, I want to thank a tireless supporter of
our veterans--Representative Nancy Johnson of Connecticut--for her
perseverance and leadership in working to ensure families the
availability of this unique symbol of service to our country.
Title III of this bill contains provisions affecting the Department
of Labor's Veterans Employment and Training Service.
Title III would require the Veterans Employment Training Service,
otherwise known as VETS, to establish nonmandatory guidelines for
disabled veterans outreach program specialists and local veterans
employment representatives qualifications.
The bill would clarify that part-time employment of DVOPS and LVERs
is half-time employment and require that DVOPS and LVERs hired after
date of enactment to successfully complete training by the National
Veterans Training Institute within 3 years of appointment. States would
be required to develop a licensing and certification program for
veterans within 2 years of enactment under title III of the bill.
A 5-year demonstration project would be authorized to allow
Department of Labor VETS to enter into contracts with nongovernmental
entities to carry out employment services in high unemployment areas
using unobligated funds and require GAO to report on the demonstration
project.
Finally, title III would establish a 3-year demonstration project to
identify not less than 10 military occupational specialties that would
lead to State licensing and authorize $1 million for the fiscal years
2007 through 2009.
The final title of the bill would make modification to the veterans'
education programs.
Title IV would clarify pro rata refund policy for nonaccredited
educational institutions; extend authorization for work-study positions
located at veterans cemeteries, State veterans
[[Page H5645]]
homes, and State approving agencies through June 30, 2007. It would
further require the VA to report on methods to improve and streamline
the administrative processes and procedures of education programs in
chapters 30 through 36, and restore lost entitlement for certain
chapter 35 education beneficiaries forced to discontinue a course of
education due to being called to full-time National Guard duty.
Madam Speaker, I reserve the balance of my time.
Mr. SALAZAR. Madam Speaker, I yield myself as much time as I may
consume.
I rise today in strong support of H.R. 3082, as amended, the Veterans
Small Business Administration and Memorial Affairs Act of 2006. This
bill incorporates a host of important measures aimed at improving
employment and small business opportunities for servicemembers and
veterans, as well as provisions to enhance the VA's capability to
honorably memorialize our fallen soldiers and heroes and comfort their
families.
I would like to thank Chairman Buyer and Ranking Member Lane Evans
for their leadership in the full committee, as well as all of my
colleagues on the full committee for their assistance in moving this
bill to the floor today.
I especially want to express my appreciation to the chairman and
ranking member of the Economic Opportunity Subcommittee, Congressman
John Boozman of Arkansas and Congresswoman Stephanie Herseth of South
Dakota, for all their hard work and bipartisan leadership on the
subcommittee this session.
I look forward to the committee beginning discussions with the Senate
to ensure passage of a bipartisan, bicameral veterans' benefits package
for this year. I know that the veterans of my State of Colorado and all
the veterans of this great country will appreciate the important
benefits and memorial improvements that we have included in this
legislative measure.
Madam Speaker, H.R. 3082, as amended, incorporates important
provisions from a number of Members interested in improving the quality
of life of our veterans. Specifically, this legislation would provide
greater incentives for the Department of Veterans Affairs to continue
to improve its performance with respect to contracting with veteran-
owned small businesses.
It would enhance employment counseling, job training and
credentialing services for servicemembers transitioning out of the
military and seeking to enter the civilian workforce. The legislation
also seeks to improve the veterans' education claims processing system.
Additionally, in the area of memorial affairs, the bill would
authorize the VA to provide State cemetery grants to tribal governments
seeking to establish, expand or improve State veterans' cemeteries. And
finally, it would make permanent the VA's authority to provide
headstones and markers for veterans interred in private cemeteries.
Madam Speaker, the VA National Cemetery Administration consistently
ranks as one of the best agencies in government. We, in Congress, must
continue to do all we can to assist NCA to remain at the top.
Madam Speaker, I support H.R. 3082, as amended, and appreciate the
work of the committee and the staff in developing these measures in a
bipartisan and professional manner. The servicemembers, veterans and
military families of this Nation have earned and deserve our best
efforts here in Congress. Indeed, they deserve even more.
I urge all the Members to support this legislation.
Madam Speaker, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Madam Speaker, I yield 4 minutes to the
gentlewoman from Connecticut (Mrs. Johnson), and recognize her for her
hard work on this issue
Mrs. JOHNSON of Connecticut. Madam Speaker, I thank my colleague from
New Hampshire (Mr. Bradley) for the opportunity to speak in support of
this bill and particularly to thank him and to thank the chairman, Mr.
Buyer, and the subcommittee chairman, Mr. Miller, for the work they
have done to address the needs of our veterans and to accommodate the
measures of myself and other colleagues' ideas we have brought to your
attention in this bill.
I am particularly grateful that you have included my bill in this
reauthorization and will extend a provision for government furnished
grave markers, because this bill arises from the experience of my
constituents and the distress of families I represent at the demise of
an old benefit for at least a certain number of years.
The grave marker benefit enables all veterans to receive a headstone
or grave marker commemorating their service to our country, at no cost
to their families. There was a time when this benefit was available to
all veterans, and then it was not available for a variety of reason,
although it was uneven. It was available to some veterans and not
others because of the regulatory complexity of the governing of a
simple benefit.
In 2001, it was enacted and 7,500 families nationwide took advantage
of this provision, and that number continues to grow each year.
One of the families that was enabled to benefit after 2001 was the
family of Agostino Guzzo, a World War II veteran from my home State of
Connecticut, who inspired the legislation in 2001 and who has inspired
this legislation that we pass here today as part of this larger bill.
It was his son that brought to my attention the quirk in the law and
law procedures that was allowing some veterans, while denying other
veterans an enduring recognition of their service to our country.
Like you, I remain committed to providing America's veterans with
benefits that fully recognize the sacrifices these men and women made
in defense of our Nation. Our gratitude should be expressed not only in
the education and employment benefits we provide them in life, but also
through permanent remembrance of their service that we provide upon
their passing.
I thank the committee for including the grave marker provision in
this bill, and I thank Secretary Nicholson and the VA for offering it
their enthusiastic endorsement.
I urge all my colleagues to join me in passing this important benefit
for America's veterans as part of this larger upgrading of other
veterans benefits.
I thank you for allowing me this opportunity, and I thank the
committee for its vigilance by Members on both sides of the aisle in
regard to the interests of our veterans and the ever-changing needs of
them as they age and as the shape of their lives change.
So I thank you, I thank the staff Members, and I appreciate this
opportunity to support this bill.
{time} 1645
Mr. SALAZAR. Madam Speaker, I would like to yield 3 minutes to a
valued member of the Veterans Affairs Committee, the distinguished
gentleman from New Mexico (Tom Udall).
Mr. UDALL of New Mexico. Madam Speaker, I thank my good friend and
neighbor, the gentleman from Colorado, and I rise today in support of
today's veterans legislation, specifically H.R. 3082, which includes
the Native American Veterans Cemetery Act, legislation I introduced
early last year.
I would like to thank House Veterans Affairs Committee Chairman Buyer
and Ranking Member Evans for their leadership on H.R. 3082. I would
also like to personally thank committee staff member Mary Ellen
McCarthy for her tireless work on this and other important veterans
issues, and thank my legislative assistant, Pablo Duran, for his hard
work on this bill.
One of the missions of the Department of Veterans Affairs is to
provide the men and women of the U.S. Armed Services with a final
resting place, a mission accomplished through the 122 national
cemeteries maintained by the VA. In addition, a State grant program
through the VA allows for construction of State cemeteries, thereby
giving most veterans a chance to be laid to rest close to home.
However, many Native American veterans who live on tribal lands do
not have such an opportunity. This legislation would change that.
Tribal governments would be put on the same footing as States,
consistent with tribal sovereignty, by allowing them to apply for
grants to establish, expand, and improve tribal veterans cemeteries.
In addition to many cosponsors from both sides of the aisle, the
legislation enjoys the support of the Navajo Nation, the State
legislatures of Arizona and New Mexico, the National American Indian
Veterans organization, and
[[Page H5646]]
the VA itself. In fact, VA Secretary Nicholson stated that this
legislation ``would create another means of accommodating the burial
needs of Native American veterans who wish to be buried in tribal
lands.'' I couldn't agree more.
Madam Speaker, I strongly support allowing Native American veterans
the chance to be buried on tribal lands, close to their ancestors and
with the full dignity and honor they earned through their service. I am
hopeful that my legislation, through H.R. 3082, will be fully supported
by this body.
Mr. BRADLEY of New Hampshire. Madam Speaker, I close by commending
the work of the chairman of the committee, Chairman Buyer, Ranking
Member Evans, Acting Ranking Member Filner, and my colleagues Mr.
Salazar and Mr. Udall for their hard work on this legislation.
I would also like to take this opportunity to thank the staff of the
Veterans Affairs Committee on a bipartisan basis, not only for their
hard work on this bill, but the two prior bills we have discussed this
afternoon.
General Leave
Mr. BRADLEY of New Hampshire. Madam Speaker, I ask unanimous consent
that all Members may have 5 legislative days in which to revise and
extend their remarks and include extraneous material on H.R. 3082, as
amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Hampshire?
There was no objection.
Mr. BRADLEY of New Hampshire. Madam Speaker, I ask my colleagues to
unanimously support H.R. 3082, as amended.
Madam Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. SALAZAR. Madam Speaker, I would also like to thank my colleague
from New Hampshire (Mr. Bradley) for his tireless efforts in addressing
the veterans issues of this great country
Mr. BOOZMAN. Mr. Speaker, I am proud to rise today in support
legislation that I introduced, H.R. 3082, the Veteran Small Business
and Memorial Affairs Act of 2006. This is an important piece of
legislation that will improve veterans' benefits programs.
I would like to take this opportunity to highlight a few of the
provisions that would enhance small business and employment
opportunities for veterans.
This bill would require the Department of Veterans Affairs to give
priority to small businesses owned by veterans and service-disabled
veterans when awarding contracts, even when contracting officers choose
to use another set aside authority such as 8(a) or HUBZones.
Madam Speaker, there have been previous attempts to promote veteran-
owned small businesses to the Federal agencies. Public Laws 106-50 and
108-183 set goals and set aside opportunities for federal agencies.
Additionally, Executive Order 13360 encouraged Federal agencies to meet
the goals for veteran-owned businesses.
Unfortunately, agencies have not been successful in meeting the
goals. It is truly regrettable that according to Small Business
Administration data that only three of eighty-one Federal departments
and agencies have met the three percent goal currently in law for
service-disabled veteran-owned business. VA was not one of those three,
I feel VA must set an example for the rest of the government.
I want to make it plain that the intent of this bill is to put
veteran-owned businesses, especially service-disabled veteran-owned
businesses at the front of the line for set aside opportunities at the
Department of Veterans Affairs. This is a small way for the nation to
show its appreciation for not only the service these men and women have
rendered to the nation, but also for their entrepreneurial spirit that
drives our economy.
Many servicemembers, upon leaving the Armed Forces, seek employment
within a field similar to their occupational specialties. However,
there are several barriers that veterans may face when trying to be
certified in these fields in their home states.
When we marked up this legislation in the Economic Opportunity
Subcommittee of the Committee on Veterans' Affairs, of which I chair, I
inserted in my Chairman's Amendment, a provision that would require
states to develop a licensing and certification program as a condition
of receiving a grant from the Department of Labor's Veterans'
Employment and Training Service (VETS). The states will have 2 years
after the date enactment to do this.
It is also important for the people assisting veterans with
employment to have the proper qualifications and training to meet the
needs of veterans. Therefore, my Chairman's Amendment also included a
provision that would require VETS to establish guidelines for non-
mandatory professional qualifications for Disabled Veterans Outreach
Program Specialists (DVOPS) and Local Veterans Employment
Representatives (LVERs). This bill would also require that all DVOPS
and LVERs successfully complete training by the National Veterans'
Training Institute.
Madam Speaker, veterans as a group is one of this nation's largest
assets. Their small businesses are very successful and they have proven
to be excellent employees. The employment and entrepreneurial tools
within H.R. 3082 would give our veterans the ``leg-up'' that they
deserve.
Madam Speaker, I urge my colleagues to support H.R. 3082, as amended.
Mr. DAVIS of Illinois. Madam Speaker, I rise today in support of H.R.
3082, the Veterans Small Business and Memorial Affairs Act of 2006. I
would also like to commend my good friend from my home state of
Arkansas, Mr. Boozman, for his leadership on this important and timely
topic.
The Small Business Association believes that approximately 4 million
small businesses in the United States are owned by veterans. Many of
the 4 million veteran owned businesses are owned by veterans that were
permanently disabled while serving this country. This legislation makes
a step toward paying our debt to America's veterans by ensuring that
veterans are not overlooked by the Small Business Administration. H.R.
3082 requires the Secretary of Veterans Affairs to establish annual
contracting goals for the Department of Veterans Affairs (VA) to enter
into with small businesses owned and controlled by veterans and
service-disabled veterans. The goal for service-disabled, veteran-owned
small businesses would not be less than three percent.
Additionally, H.R. 3082 makes strides toward ensuing that our
veterans receive important employment training services to meet the
needs of our increasingly technologically driven economy. I am a strong
believer in the utility of employment training and will continue to
work in the Committee on Education and the Workforce to expand
employment training so that we remain competitive in the 21st century.
I hope that the efficacy of vocational training will once again be
demonstrated by this program and that this body will invest
sufficiently in employment training programs. Improved job skills make
a real difference for both workers and our economy.
Ms HERSETH. Madam Speaker, I would like to take this opportunity to
express my support for the Veterans' Small Business and Memorial
Affairs Act, H.R. 3082. I also would like to thank Rep. John Boozman,
the Chairman of the Economic Opportunity Subcommittee, for his
leadership on the small business provisions included in this bill.
As the Ranking Member of the Economic Opportunity Subcommittee, I am
proud to have helped develop and strongly support the education,
training, and employment measures contained in H.R. 3082.
These provisions are intended to improve veterans' small-business
opportunities, job-training, and employment services, as well as the
licensing and certification process for servicemembers transitioning
into the civilian workforce.
Our nation's servicemembers, veterans and military families have
earned the benefits and opportunities provided within this legislation.
Again, I am pleased to support the measures contained in the Veterans'
Small Business and Memorial Affairs Act and encourage my colleagues to
support the bill.
Mr. MILLER of Florida. Madam Speaker, the provisions in title two
originated in the Subcommittee on Disability Assistance and Memorial
Affairs.
Section 201 would allow tribal governments to participate in the
State Cemetery Grants Program to establish, expand, and improve
veterans' cemeteries on trust lands.
The Department of Veterans Affairs' State Cemetery Grants Program was
established in 1978 to complement VA's National Cemetery system. VA
will pay for the construction costs, and states are responsible for
providing the land and ongoing operating and maintenance expenses.
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There are currently 60 state cemeteries and two under construction,
and states are planning to open 18 new state veterans' cemeteries
between 2007 and 2010.
Owing to the success of the State Cemetery Grants Program, Congress
made it permanent in Public Law 108-183. However, tribal governments
are not considered eligible for these cemetery grants. This section
will provide Native American veterans the opportunity to be buried in a
veterans' cemetery on trust land.
Madam Speaker, I'd like to thank Representative Tom Udall, a member
of the Subcommittee, for bringing this issue to our attention so we
could include it in the bill under consideration today.
Section 202 would make permanent the Secretary's authority to furnish
a government marker for veterans interred in a marked grave at a
private cemetery, as well as offering a headstone in lieu of a marker,
if requested by the family. The headstone or marker would be placed on
the grave, or as close to it as practicable.
The current five-year authority, which was effective for deaths that
occurred as of September 11, 2001, expires on December 31st of this
year. Prior to this authority, if a veteran was buried at a private
cemetery and the family purchased a private headstone, the veteran was
ineligible for a government marker.
We would also expand the benefit to include veterans who died between
November 1, 1990 and September 10, 2001.
I want to recognize Representative Nancy Johnson, who has been
championing this cause for over five years. I appreciate her working
with the Subcommittee to ensure that veterans and their families
continue to have access to symbolic expressions of remembrance.
Finally, section 203 would authorize the Secretary to permit the
placement of a memorial headstone or marker in a national cemetery when
a child's remains are unavailable for burial.
If feasible, VA would be authorized to add a memorial inscription to
a veteran's headstone rather than providing a separate marker for the
minor child.
Currently, VA may provide a memorial headstone or marker for a
veteran, spouse, or surviving spouse when remains are unavailable.
However, if a spouse and child die at the same time and in the same
manner, and the remains for neither are available, a veteran cannot
receive a memorial headstone honoring the child. This section would
correct an inequity in current law. Since 2002, VA has received three
such requests.
I want to thank Ms. Berkley, the other members of the Subcommittee,
and staff on both sides of the aisle for their work on the provisions
incorporated in title two of the amendment. I also thank Chairman
Buyer, Ranking Member Evans, and Acting Ranking Member Filner for their
continued leadership.
I urge my colleagues to support H.R. 3082, as amended.
Mr. SALAZAR. Madam Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Hampshire (Mr. Bradley) that the House suspend the
rules and pass the bill, H.R. 3082, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
title 38, United States Code, to make improvements to small business,
memorial affairs, education, and employment programs for veterans, and
for other purposes.''.
A motion to reconsider was laid on the table.
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