[Congressional Record Volume 154, Number 127 (Tuesday, July 29, 2008)]
[House]
[Pages H7253-H7255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 IMPROVING VETERANS' OPPORTUNITY IN EDUCATION AND BUSINESS ACT OF 2008

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6221) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6221

       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

[[Page H7254]]

     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Arkansas (Mr. Boozman) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Mr. Speaker, I yield myself 1 minute. I want to thank Mr. 
Boozman, and he included parts of a bill from Ms. Herseth Sandlin and 
from Mr. Welch from Vermont, another new Member who has been a great 
participant in our deliberations.
  I would like to thank my distinguished colleague, Ranking Member John 
Boozman in the Subcommittee on Economic Opportunity, for his bipartisan 
efforts in crafting H.R. 6221, as amended, Improving Veterans' 
Opportunities in Education and Business Act.
  I also want to thank Subcommittee Chairwoman Stephanie Herseth 
Sandlin and Congressman Peter Welch for introducing language included 
in this important legislation.
  Many of our veterans today are currently transitioning into the 
workforce or continuing their studies in higher education.
  Some of our disabled veterans own small businesses, while others are 
receiving training to pursue other careers. Our veterans deserve to 
receive the necessary resources to succeed in life after the military. 
We must work together to ensure that our Nation's heroes are equipped 
and provided the training they need for their future careers.
  H.R. 6221 would clarify a provision in current law that was intended 
to assist veterans in the Federal procurement process. This provision 
has been interpreted by the VA General Counsel that it does not apply 
to agents acting on behalf of the VA. H.R. 6221 would clarify 
congressional intent and require any entity that purchases goods and 
services on behalf of the VA to comply with the contracting goals and 
preferences for small businesses owned or controlled by veterans.
  Language introduced by Representative Stephanie Herseth Sandlin of 
South Dakota would authorize $10 million for VA to conduct a 5-year 
pilot program to expand the veterans' campus work study program.
  Eligible work-study may include positions in academic departments and 
student services, such as jobs in tutoring, research, career services, 
and campus orientation.
  Language was introduced by Representative Peter Welch of Vermont to 
authorize $60 million for the next 10 years to fund the Service 
Members' Occupational Conversion and Training Act, commonly called 
SMOCTA.
  SMOCTA is a successful training program that was instituted in the 
early 1990's and targeted to servicemembers leaving military service 
with few or no job skills to transition to the civilian marketplace.
  The program assists veterans in obtaining meaningful employment after 
their military service and is a timely program that would greatly 
assist today's returning veterans.
  Mr. Speaker, we must honor our men and women who dutifully serve our 
Nation.
  We must serve our disabled veteran small business owners and students 
with opportunities to succeed, and fund successful programs that 
develop job skills needed in today's workforce. Our servicemembers 
deserve the proper training and provisions that ensure a seamless 
transition into civilian life.
  I urge all my colleagues to join me in support of H.R. 6221, as 
amended.
  Since this bill is authored by Mr. Boozman, I will reserve the 
balance of my time to allow him to explain it.
  Mr. BOOZMAN. Mr. Speaker, I yield myself as much time as I might 
consume.
  I rise in support of H.R. 6221, as amended, the Veteran-Owned Small 
Business Protection and Clarification Act of 2008.
  H.R. 6225, as amended, makes three important improvements for our 
veterans. First, it closes a loophole in title 38, United States Code, 
to require that contracts awarded on behalf of Department of Veterans 
Affairs by agents of the Department include provision to comply with 
the disabled veteran-owned small business provisions in public law 109-
461.
  Second, the bill would expand the types of VA work-study jobs on 
college campuses to provide more jobs for student veterans and widen 
interaction between veterans, the faculty, staff and, most importantly, 
other students.

                              {time}  1745

  Finally, H.R. 6221, as amended, would take provisions from H.R. 6272 
introduced by Congressman Welch to create the Military Occupational 
Specialty Transition (MOST) program, a modernized version of the old 
Service Members Occupational Conversion and Training Act, or SMOCTA.
  Focusing on veterans whose military specialty does not translate well 
into civilian life and who do not have other training opportunities 
available under title XXXVIII, this bill will benefit veterans whose 
job skills no longer match what is needed by today's economy.
  For example, today's army or marine infantryman is experienced with 
some types of technology related to their specialty, but most of their 
training is in small unit tactics and weapons. They are not like the 
technicians who service and operate sophisticated systems on a daily 
basis. While an infantryman has developed soft skills such as 
leadership and initiative that are valuable in many work places, many 
hands-on skills are usually not part of the resume.
  Or take a sailor whose main job is to move aircraft around on the 
flight deck of a carrier. He works in a very dangerous environment but 
other than working the light line at an airport, his skill is not very 
transferable.
  Or take the airman who is a load master who is responsible for the 
safe loading of cargo on aircraft. Outside of working for an airline in 
the same capacity, the load master has few directly transferable 
military skills.
  I appreciate our colleague from Vermont (Mr. Welch) for his 
initiative to renew funding for the old Service Members Occupational 
Conversion and Training Act, or SMOCTA. Again, in a bipartisan manner, 
the Economic Opportunity Subcommittee has brought us a bill that meets 
Mr. Welch's goal of providing a training program for veterans who 
finish military service with few or no skills that are transferable to 
regular life.
  Mr. Speaker, I extend my gratitude to Chairman Filner, Ranking Member 
Buyer, and subcommittee Chairwoman Herseth Sandlin for working together 
to bring this bill to us as a bipartisan effort to make veterans more 
competitive in the job market. I also want to thank our staffs for 
their hard work.
  Mr. Speaker, I urge our colleagues to support H.R. 6221, and I 
reserve the balance of my time.
  Mr. FILNER. Mr. Speaker, I have no further speakers.
  Mr. BOOZMAN. Mr. Speaker, I have no further speakers also.
  Again, I want to encourage my colleagues to vote for the bill, and I 
also want to thank Mr. Welch for his hard work in bringing forward, I 
think, this reauthorization. With the changes that are being made with 
his help is really going to help the servicemember that comes out who 
is disadvantaged because he hasn't received as much training in 
specialized fields as the other members.
  I yield back the balance of my time.


                             General Leave

  Mr. FILNER. I would ask, Mr. Speaker, that all Members have 5 
legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 6221, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Ms. HERSETH SANDLIN. Mr. Speaker, as the Chairwoman of the Veterans' 
Affairs Economic Opportunity Subcommittee and sponsor of the ``Pilot 
College Work Study Programs for Veterans Act,'' which has been included 
in the ``Improving Veterans' Opportunity in Education

[[Page H7255]]

and Business Act,'' I rise today in strong support of H.R. 6221, as 
amended.
  I would like to thank full Committee Chairman Filner, Ranking Member 
Buyer, and the sponsor of the bill, Subcommittee Ranking Member Boozman 
for their leadership and bipartisan support of this bill, which the 
Economic Opportunity Subcommittee passed on June 26 and the full 
Committee approved on July 15.
  As I noted, this important measure to improve business and education 
opportunities for veterans includes the ``Pilot College Work Study 
Programs for Veterans Act,'' which I introduced on June 10 of this 
year. The purpose of my bill is to direct the Secretary of Veterans 
Affairs to conduct a 5-year pilot program to expand on existing work-
study activities for veterans. Currently, veterans that qualify for 
work-study would be limited to working on VA related work. My bill 
would allow those veterans the option of working in academic 
departments and student services. This change would put them at par 
with students that qualify for a work-study position under programs not 
administered by the VA.
  I also would like to thank Representative Peter Welch for a bill, 
which was also included in H.R. 6221, to reauthorize the Military 
Occupational Specialty Transition (MOST) Program, and Subcommittee 
Ranking Member Boozman for the introduction of the underlying bill to 
require VA contractees to comply with contracting goals and preferences 
for small businesses owned by veterans.
  Again, I thank Chairman Boozman for sponsoring this important bill. I 
encourage my colleagues to support H.R. 6221, as amended.
  Mr. BUYER. Mr. Speaker, I rise in support of H.R. 6221, as amended, 
the Veteran Owned Small Business Protection and Clarification Act of 
2008. This bill, as amended, would 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 compliance with the contracting goals and 
preferences for small business concerns owned or controlled by 
veterans, and for other purposes.
  H.R. 6221, as amended, does 3 very good things for veterans.
  First, it closes a loophole in the service disabled veteran-owned 
business provisions in Public Law 109-461 to require that any VA 
agreement with other entities to provide contracting services include 
provisions to comply with those provisions.
  Second, the bill would expand the types of VA work study jobs on 
college campuses to provide more jobs for student veterans, and widen 
interaction between veterans, the faculty, staff and most importantly, 
other students.
  Finally, H.R. 6221, as amended, would take provisions from H.R. 6272, 
introduced by Congressman Welch to create the Military Occupational 
Specialty Transition (MOST) program, a modernized version of the old 
Service Members' Occupational Conversion and Training Act or SMOCTA.
  Focusing on veterans whose military specialty does not translate well 
into civilian life and who do not have other training opportunities 
available under title 38, this bill will benefit veterans whose job 
skills no longer match what is needed by today's economy.
  I appreciate our colleague from Vermont, Mr. Welch, for his bill 
which would renew funding for the old Service Members' Occupational 
Conversion and Training Act or SMOCTA. Again, in a bipartisan manner, 
the Economic Opportunity Subcommittee has brought us a bill that meets 
Mr. Welch's goal of providing a training program for veterans who 
finish military service with few or no skills that are transferrable to 
civilian life.
  Mr. Speaker, I extend my gratitude to Chairman Filner, Subcommittee 
Chairwoman Herseth Sandlin and Ranking Member Boozman for working 
together to bring this bill to us as a bipartisan effort to make 
veterans more competitive in the job market.
  Mr. Speaker, I urge my colleagues to support H.R. 6221.
  Mr. FILNER. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the bill, H.R. 6221, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BOOZMAN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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