I

103D CONGRESS

2D SESSION H. R. 4768

To amend title 38, United States Code, to make changes in veterans’

education programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 14, 1994

Mr. MONTGOMERY (for himself, Mr. STUMP, and Mr. HUTCHINSON) introduced the following bill; which was referred jointly to the Committees on

Veterans’ Affairs and Armed Services

A BILL

To amend title 38, United States Code, to make changes

in veterans’ education programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Veterans’ Education

5 and Training Act of 1994’’.

6 SEC. 2. FLIGHT TRAINING.

7 (a) ACTIVE DUTY PROGRAM.—Section 3034(d) of

8 title 38, United States Code, is amended—

9 (1) by striking out paragraph (2);
2

•HR 4768 IH

1 (2) by striking out ‘‘(d)(1)’’ and inserting in

2 lieu thereof ‘‘(d)’’; and

3 (3) by redesignating subparagraphs (A), (B),

4 and (C) as paragraphs (1), (2), and (3), respectively.

5 (b) POST-VIETNAM ERA.—Section 3241(b) of such

6 title is amended—

7 (1) by striking out paragraph (2);

8 (2) by striking out ‘‘(b)(1)’’ and inserting in

9 lieu thereof ‘‘(b)’’; and

10 (3) by redesignating subparagraphs (A), (B),

11 and (C) as paragraphs (1), (2), and (3), respectively.

12 (c) RESERVE PROGRAM.—Section 2136(c) of title 10,

13 United States Code, is amended—

14 (1) by striking out paragraph (2);

15 (2) by striking out ‘‘(c)(1)’’ and inserting in

16 lieu thereof ‘‘(c)’’; and

17 (3) by redesignating subparagraphs (A), (B),

18 and (C) as paragraphs (1), (2), and (3), respectively.

19 SEC. 3. TRAINING AND REHABILITATION FOR VETERANS

20 WITH SERVICE-CONNECTED DISABILITIES.

21 (a) REHABILITATION RESOURCES.—Section 3115 of

22 title 38, United States Code, is amended—

23 (1) in subsection (a)(1), by striking ‘‘assist24 ance,’’ and inserting in lieu thereof ‘‘assistance or

25 any federally recognized Indian tribe,’’;
3

•HR 4768 IH

1 (2) in subsection (a)(4), by inserting ‘‘any fed2 erally recognized Indian tribe,’’ after ‘‘contribu3 tions,’’; and

4 (3) by adding at the end the following:

5 ‘‘(c) As used in this section, the term ‘federally recog6 nized Indian tribe’ means any Indian tribe, band, nation,

7 pueblo, or other organized group or community, including

8 any Alaska Native village or regional corporation as de9 fined in or established pursuant to the Alaska Native

10 Claims Settlement Act, which is recognized as eligible for

11 the special programs and services provided by the United

12 States to Indians because of their status as Indians.’’.

13 (b) ALLOWANCES.—Section 3108(c)(2) of such title

14 is amended by inserting ‘‘or federally recognized Indian

15 tribe’’ after ‘‘local government agency’’.

16 (c) TECHNICAL CORRECTION.—(1) Section 404(b) of

17 the Veterans’ Benefits Act of 1992 (106 Stat. 4338) is

18 amended by striking out the period at the end thereof and

19 inserting in lieu thereof ‘‘, but shall not apply to veterans

20 and other persons who originally applied for assistance

21 under chapter 31 of title 38, United States Code, before

22 November 1, 1990.’’.

23 (2) The amendment made by paragraph (1) shall

24 take effect as of October 29, 1992.
4

•HR 4768 IH

1 SEC. 4. ALTERNATIVE TEACHER CERTIFICATION PRO2 GRAMS.

3 (a) IN GENERAL.—Section 3452(c) of title 38,

4 United States Code, is amended by adding at the end the

5 following: ‘‘For the period ending on September 30, 1996,

6 such term includes entities that provide training required

7 for completion of any State-approved alternative teacher

8 certification program (as determined by the Secretary).’’.

9 (b) CLARIFYING AMENDMENT.—Section 3002 of title

10 38, United States Code, is amended by adding at the end

11 thereof the following:

12 ‘‘(8) The term ‘educational institution’ has the

13 meaning given such term in section 3452(c) of this

14 title.’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall be effective on the date of enactment of

17 this Act.

18 SEC. 5. EDUCATION OUTSIDE THE UNITED STATES.

19 (a) IN GENERAL.—The first sentence of section 3476

20 of title 38, United States Code, is amended to read as

21 follows: ‘‘An eligible veteran may not enroll in any course

22 offered by an educational institution not located in a State

23 unless that educational institution is an approved institu24 tion of higher learning and the course is approved by the

25 Secretary.’’.
5

•HR 4768 IH

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall apply with respect to courses approved

3 on or after the date of the enactment of this Act.

4 SEC. 6. CORRESPONDENCE COURSES.

5 (a) APPROVAL OF PROGRAMS OF EDUCATION.—(1)

6 Section 3672 of title 38, United States Code, is amended

7 by adding at the end the following:

8 ‘‘(e) A program of education exclusively by cor9 respondence, and the correspondence portion of a com10 bination correspondence-residence course leading to a vo11 cational objective, that is offered by an educational institu12 tion (as defined in section 3452(c) of this title) may be

13 approved only if (1) the educational institution is accred14 ited by an agency recognized by the Secretary of Edu15 cation, and (2) at least 50 percent of those pursuing such

16 a program or course require six months or more to com17 plete the program or course.’’.

18 (2)(A) Section 3675(a)(2)(B) of such title is amend19 ed by striking out ‘‘A State’’ and inserting in lieu thereof

20 ‘‘Except as provided in section 3672(e), a State’’.

21 (B) Section 3680(a) of such title is amended—

22 (i) by striking out ‘‘; or’’ at the end of para23 graph (3) and inserting in lieu thereof a period; and

24 (ii) by striking out paragraph (4).
6

•HR 4768 IH

1 (C) Section 3686(c) of such title is amended by strik2 ing out ‘‘(other than one subject to the provisions of sec3 tion 3676 of this title)’’.

4 (b) EFFECTIVE DATE.—The amendments made by

5 subsection (a) shall apply with respect to programs of edu6 cation exclusively by correspondence and to correspond7 ence-residence courses commencing after 90 days after the

8 date of the enactment of this Act.

9 SEC. 7. STATE APPROVING AGENCIES.

10 (a) REIMBURSEMENT.—(1) Section 3674(a)(4) of

11 title 38, United States Code, is amended by striking out

12 ‘‘$12,000,000’’ each place it appears and inserting in lieu

13 thereof ‘‘$13,000,000’’.

14 (2) The amendment made by subsection (a) shall

15 apply with respect to services provided under such section

16 after September 30, 1994.

17 (b) ELIMINATION OF REPORT TO CONGRESS RE18 QUIREMENT.—Section 3674(a)(3) of such title is amend19 ed—

20 (1) by striking out subparagraph (B); and

21 (2) by striking out ‘‘(3)(A)’’ and inserting in

22 lieu thereof ‘‘(3)’’.

23 (c) EVALUATION OF AGENCY PERFORMANCE.—Sec24 tion 3674A(a) of such title is amended by striking out
7

•HR 4768 IH

1 paragraph (3) and redesignating paragraphs (4) and (5)

2 as paragraphs (3) and (4), respectively.

3 SEC. 8. MEASUREMENT OF COURSES.

4 Section 3688(b) of title 38, United States Code, is

5 amended—

6 (1) by striking out ‘‘this chapter or’’ and insert7 ing in lieu thereof ‘‘this chapter,’’; and

8 (2) by inserting before the period at the end

9 thereof the following: ‘‘, or chapter 106 of title 10’’.

10 SEC. 9. VETERANS’ ADVISORY COMMITTEE ON EDUCATION.

11 Section 3692 of title 38, United States Code, is

12 amended—

13 (1) in subsections (a) and (b)—

14 (A) by striking out ‘‘34,’’ both places it ap15 pears; and

16 (B) by striking out ‘‘title.’’ and inserting

17 in lieu thereof ‘‘title and chapter 106 of title

18 10.’’ both places it appears; and

19 (2) in subsection (c), by striking out ‘‘1993’’

20 and inserting in lieu thereof ‘‘2003’’.

21 SEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL

22 COUNSELING.

23 (a) PAYMENT LIMITATION.—Section 3697(b) of title

24 38, United States Code, is amended by striking out

25 ‘‘$5,000,000’’ and inserting in lieu thereof ‘‘$6,000,000’’.
8

•HR 4768 IH

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on October 1, 1994.

3 SEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION

4 AND TRAINING ACT OF 1992

5 (a) PERIOD OF TRAINING.—(1) Section 4485(d) of

6 the Service Members Occupational Conversion and Train7 ing Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note)

8 is amended by striking out ‘‘or more than 18 months’’.

9 (2)(A) Section 4486(d)(2) of such Act (102 Stat.

10 2760; 10 U.S.C. 1143 note) is amended by striking out

11 the period at the end thereof and inserting in lieu thereof

12 the following: ‘‘in the community for the entire period of

13 training of the eligible person.’’.

14 (B) The amendment made by subparagraph (A) shall

15 apply with respect to programs of training under the Serv16 ice Members Occupational Conversion and Training Act

17 of 1992 beginning after the date of enactment of this Act.

18 (b) PAYMENTS.—Section 4487 of such Act (106 Stat.

19 2762; 10 U.S.C. 1143 note) is amended—

20 (1) in subsection (a)(1)—

21 (A) by striking out ‘‘subparagraph (B)’’ in

22 subparagraph (A) and inserting in lieu thereof

23 ‘‘subparagraphs (B) and (C)’’;

24 (B) by inserting before the period at the

25 end of subparagraph (A) the following: ‘‘but in
9

•HR 4768 IH

1 no event to exceed 18 months (or the equivalent

2 training hours)’’; and

3 (C) by adding at the end thereof the fol4 lowing new subparagraph:

5 ‘‘(C) Assistance may be paid under this

6 subtitle on behalf of an eligible person to that

7 person’s employer for training under two or

8 more programs of job training under this sub9 title if such employer has not received (or is not

10 due) on that person’s behalf assistance in an

11 amount aggregating the applicable amount set

12 forth in subparagraph (B).’’; and

13 (2) in subsection (b)(3), by inserting before the

14 period at the end thereof ‘‘, or upon the completion

15 of the 18th month of training under the last training

16 program approved for the person’s pursuit with that

17 employer under this subtitle, whichever is earlier’’.

18 (c) ENTRY INTO PROGRAM OF JOB TRAINING.—Sec19 tion 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143

20 note) is amended by striking out the third sentence thereof

21 and inserting in lieu thereof ‘‘The eligible person may

22 begin such program of job training with the employer on

23 the day that notice is transmitted to such official by means

24 prescribed by such official. However, assistance under this

25 subtitle may not be provided to the employer if such offi-
10

•HR 4768 IH

1 cial, within two weeks after the date on which such notice

2 is transmitted, disapproves the eligible person’s entry into

3 that program of job training in accordance with this sec4 tion.’’.

Æ