H.R. 3082House109th Congress (2005-2007)Passed House

Veterans Small Business and Memorial Affairs Act of 2006

Introduced June 28, 2005

Legislative Activity

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18 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

July 25, 2006

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HouseIntro Referral

Introduced in House

June 28, 2005

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

June 28, 2005

HouseCommittee

Referred to the Subcommittee on Economic Opportunity.

July 11, 2005

HouseCommittee

Subcommittee Hearings Held.

July 27, 2005

HouseCommittee

Subcommittee Hearings Held.

April 27, 2006

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

May 10, 2006

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Unanimous Consent .

May 10, 2006

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 13, 2006

HouseCommittee

Ordered to be Reported in the Nature of a Substitute by Voice Vote.

July 13, 2006

HouseCommittee

Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 109-592.

July 24, 2006

HouseCalendars

Placed on the Union Calendar, Calendar No. 343.

July 24, 2006

HouseFloor

Mr. Bradley (NH) moved to suspend the rules and pass the bill, as amended.

July 24, 2006 • 4:31 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5640-5647)

July 24, 2006 • 4:31 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 3082.

July 24, 2006 • 4:31 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5640-5644)

July 24, 2006 • 4:49 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5640-5644)

July 24, 2006 • 4:49 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 24, 2006 • 4:49 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

July 24, 2006 • 4:49 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

July 25, 2006

Floor Debate

19 members

What members said about H.R. 3082 on the floor

11 Republicans8 Democrats
Larry E. Craig
Sen. Larry E. CraigR-ID · Dec 8, 2006

Mr. President, I have sought recognition in these waning hours of the 109th Congress to provide a summary of the good work accomplished over the last 2 years on behalf of America's veterans, and to…

Steve Buyer
Rep. Steve BuyerR-IN-4 · Dec 8, 2006

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 3421) to authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for…

Steve Buyer
Rep. Steve BuyerR-IN-4 · Nov 14, 2006

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 6314) to amend title 38, United States Code, to extend certain expiring provisions of law and to expand eligibility for the…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Dec 8, 2006

Mr. President, I commend the distinguished chairman of the Committee on Veterans' Affairs. Senator Craig has done an outstanding job of making sure the laws that weren't working, where we were not…

Corrine Brown
Rep. Corrine BrownD-FL-3 · Dec 8, 2006

Mr. Speaker, I yield such time as she may consume to the gentlewoman from Nevada (Ms. Berkley). Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I also want to thank the…

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Jeb Bradley
Rep. Jeb BradleyR-NH-1 · Jul 24, 2006

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…

Bob Filner
Rep. Bob FilnerD-CA-51 · Nov 14, 2006

Madam Speaker, I yield myself such time as I may consume. I am also pleased to rise in support of H.R. 6314, which would, as we have heard, extend expired and expiring authorization for the…

Ted Stevens
Sen. Ted StevensR-AK · Dec 8, 2006

Mr. President, I wish to take a few minutes. I ask unanimous consent the Senator from Ohio, Mr. DeWine, be permitted to take the floor following my remarks. Mr. President, we ought to understand what…

Jeff Miller
Rep. Jeff MillerR-FL-1 · Dec 8, 2006

Mr. Speaker, I seek recognition to express my support for the House amendment to S. 3421, the Veterans Benefits, Health Care, and Information Technology Act of 2006. This bill contains more than 60…

Henry E. Brown, Jr.
Rep. Henry E. Brown, Jr.R-SC-1 · Dec 8, 2006

Mr. Speaker, I thank the gentleman for yielding me this time. Let me begin by thanking our esteemed chairman Mr. Buyer for all his hard work this Congress. Under his leadership, this committee has…

Michael H. Michaud
Rep. Michael H. MichaudD-ME-2 · Nov 14, 2006

Madam Speaker, I want to thank the gentleman for his time. I also want to thank Mr. Bilirakis for his time here working in a strong bipartisan manner on veterans issues. Madam Speaker, I rise today…

John Boozman
Rep. John BoozmanR-AR-3 · Jul 24, 2006

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…

John T. Salazar
Rep. John T. SalazarD-CO-3 · Jul 24, 2006

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…

Show 11 more
Jeff Miller
Rep. Jeff MillerR-FL-1 · Jul 24, 2006

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…

Shelley Berkley
Rep. Shelley BerkleyD-NV-1 · Nov 14, 2006

Madam Speaker, before I begin my remarks, I also would like to thank Chairman Buyer, Ranking Member Evans, who we will miss very much, and Acting Ranking Member Filner for moving forward on this…

Shelley Berkley
Rep. Shelley BerkleyD-NV-1 · Dec 8, 2006

Mr. Speaker, I want to particularly thank the gentlelady for yielding. We have a bit of a time crunch, and I appreciate her graciousness. Mr. Speaker, I would like to thank Chairman Buyer, Ranking…

Ginny Brown-Waite
Rep. Ginny Brown-WaiteR-FL-5 · Nov 14, 2006

Mr. Speaker, as vice chairman of the Veterans' Affairs Subcommittee on Economic Opportunity, I rise with very mixed emotion. I am certainly happy that Chairman Buyer is bringing this important bill…

Nancy L. Johnson
Rep. Nancy L. JohnsonR-CT-5 · Jul 24, 2006

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…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Dec 8, 2006

Mr. Speaker, I thank the gentlewoman for yielding and for her leadership on this extremely important issue and many others. I rise in strong support of this bill. We need to support our veterans when…

Henry E. Brown, Jr.
Rep. Henry E. Brown, Jr.R-SC-1 · Nov 14, 2006

Madam Speaker, I thank the chairman for yielding this time. Let me begin by thanking our esteemed committee chairman, Mr. Buyer, for his hard work in this Congress. Under his leadership this…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Dec 8, 2006

Mr. Speaker, today we are debating S. 3421, a bill that would authorize major Veterans Affairs medical facility projects and also overhaul VA information technology. A goal of this bill is also to…

Tom Udall
Rep. Tom UdallD-NM-3 · Jul 24, 2006

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…

Tim Murphy
Rep. Tim MurphyR-PA-18 · Nov 14, 2006

Mr. Speaker, this is a very important bill the House is now considering to extend a lot of critical services to veterans. I really on behalf of veterans am grateful for the work you have done on…

John Boozman
Rep. John BoozmanR-AR-3 · Dec 8, 2006

Mr. Speaker, I certainly want to congratulate Mr. Buyer and thank him and thank the staff on both sides, the chairman, Ranking Member Evans, Acting Ranking Member Filner, and again all of the staff…

Bill Text

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Referred in SenateIssued July 25, 2006
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3082 Referred in Senate (RFS)]

109th CONGRESS
2d Session
H. R. 3082

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 25, 2006

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

AN ACT

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.

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;
``(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.

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 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:
``(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''.

Passed the House of Representatives July 24, 2006.

Attest:

KAREN L. HAAS,

Clerk.