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) intro-
duced 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans’ Education
and Training Act of 1994’’.
SEC. 2. FLIGHT TRAINING.
(a) ACTIVE DUTY PROGRAM.—Section 3034(d) of
title 38, United States Code, is amended—
(1) by striking out paragraph (2);
(2) by striking out ‘‘(d)(1)’’ and inserting in
lieu thereof ‘‘(d)’’; and
(3) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively.
(b) POST-VIETNAM ERA.—Section 3241(b) of such
title is amended—
(1) by striking out paragraph (2);
(2) by striking out ‘‘(b)(1)’’ and inserting in
lieu thereof ‘‘(b)’’; and
(3) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively.
(c) RESERVE PROGRAM.—Section 2136(c) of title 10,
United States Code, is amended—
(1) by striking out paragraph (2);
(2) by striking out ‘‘(c)(1)’’ and inserting in
lieu thereof ‘‘(c)’’; and
(3) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively.
SEC. 3. TRAINING AND REHABILITATION FOR VETERANS
WITH SERVICE-CONNECTED DISABILITIES.
(a) REHABILITATION RESOURCES.—Section 3115 of
title 38, United States Code, is amended—
(1) in subsection (a)(1), by striking ‘‘assist-
ance,’’ and inserting in lieu thereof ‘‘assistance or
any federally recognized Indian tribe,’’;
(2) in subsection (a)(4), by inserting ‘‘any fed-
erally recognized Indian tribe,’’ after ‘‘contribu-
tions,’’; and
(3) by adding at the end the following:
‘‘(c) As used in this section, the term ‘federally recog-
nized Indian tribe’ means any Indian tribe, band, nation,
pueblo, or other organized group or community, including
any Alaska Native village or regional corporation as de-
fined in or established pursuant to the Alaska Native
Claims Settlement Act, which is recognized as eligible for
the special programs and services provided by the United
States to Indians because of their status as Indians.’’.
(b) ALLOWANCES.—Section 3108(c)(2) of such title
is amended by inserting ‘‘or federally recognized Indian
tribe’’ after ‘‘local government agency’’.
(c) TECHNICAL CORRECTION.—(1) Section 404(b) of
the Veterans’ Benefits Act of 1992 (106 Stat. 4338) is
amended by striking out the period at the end thereof and
inserting in lieu thereof ‘‘, but shall not apply to veterans
and other persons who originally applied for assistance
under chapter 31 of title 38, United States Code, before
November 1, 1990.’’.
(2) The amendment made by paragraph (1) shall
take effect as of October 29, 1992.
SEC. 4. ALTERNATIVE TEACHER CERTIFICATION PRO-
GRAMS.
(a) IN GENERAL.—Section 3452(c) of title 38,
United States Code, is amended by adding at the end the
following: ‘‘For the period ending on September 30, 1996,
such term includes entities that provide training required
for completion of any State-approved alternative teacher
certification program (as determined by the Secretary).’’.
(b) CLARIFYING AMENDMENT.—Section 3002 of title
38, United States Code, is amended by adding at the end
thereof the following:
‘‘(8) The term ‘educational institution’ has the
meaning given such term in section 3452(c) of this
title.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective on the date of enactment of
this Act.
SEC. 5. EDUCATION OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—The first sentence of section 3476
of title 38, United States Code, is amended to read as
follows: ‘‘An eligible veteran may not enroll in any course
offered by an educational institution not located in a State
unless that educational institution is an approved institu-
tion of higher learning and the course is approved by the
Secretary.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to courses approved
on or after the date of the enactment of this Act.
SEC. 6. CORRESPONDENCE COURSES.
(a) APPROVAL OF PROGRAMS OF EDUCATION.—(1)
Section 3672 of title 38, United States Code, is amended
by adding at the end the following:
‘‘(e) A program of education exclusively by cor-
respondence, and the correspondence portion of a com-
bination correspondence-residence course leading to a vo-
cational objective, that is offered by an educational institu-
tion (as defined in section 3452(c) of this title) may be
approved only if (1) the educational institution is accred-
ited by an agency recognized by the Secretary of Edu-
cation, and (2) at least 50 percent of those pursuing such
a program or course require six months or more to com-
plete the program or course.’’.
(2)(A) Section 3675(a)(2)(B) of such title is amend-
ed by striking out ‘‘A State’’ and inserting in lieu thereof
‘‘Except as provided in section 3672(e), a State’’.
(B) Section 3680(a) of such title is amended—
(i) by striking out ‘‘; or’’ at the end of para-
graph (3) and inserting in lieu thereof a period; and
(ii) by striking out paragraph (4).
paragraph (3) and redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively.
SEC. 8. MEASUREMENT OF COURSES.
Section 3688(b) of title 38, United States Code, is
amended—
(1) by striking out ‘‘this chapter or’’ and insert-
ing in lieu thereof ‘‘this chapter,’’; and
(2) by inserting before the period at the end
thereof the following: ‘‘, or chapter 106 of title 10’’.
SEC. 9. VETERANS’ ADVISORY COMMITTEE ON EDUCATION.
Section 3692 of title 38, United States Code, is
amended—
(1) in subsections (a) and (b)—
(A) by striking out ‘‘34,’’ both places it ap-
pears; and
(B) by striking out ‘‘title.’’ and inserting
in lieu thereof ‘‘title and chapter 106 of title
10.’’ both places it appears; and
(2) in subsection (c), by striking out ‘‘1993’’
and inserting in lieu thereof ‘‘2003’’.
SEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL
COUNSELING.
(a) PAYMENT LIMITATION.—Section 3697(b) of title
38, United States Code, is amended by striking out
‘‘$5,000,000’’ and inserting in lieu thereof ‘‘$6,000,000’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1994.
SEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION
AND TRAINING ACT OF 1992
(a) PERIOD OF TRAINING.—(1) Section 4485(d) of
the Service Members Occupational Conversion and Train-
ing Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note)
is amended by striking out ‘‘or more than 18 months’’.
(2)(A) Section 4486(d)(2) of such Act (102 Stat.
2760; 10 U.S.C. 1143 note) is amended by striking out
the period at the end thereof and inserting in lieu thereof
the following: ‘‘in the community for the entire period of
training of the eligible person.’’.
(B) The amendment made by subparagraph (A) shall
apply with respect to programs of training under the Serv-
ice Members Occupational Conversion and Training Act
of 1992 beginning after the date of enactment of this Act.
(b) PAYMENTS.—Section 4487 of such Act (106 Stat.
2762; 10 U.S.C. 1143 note) is amended—
(1) in subsection (a)(1)—
(A) by striking out ‘‘subparagraph (B)’’ in
subparagraph (A) and inserting in lieu thereof
‘‘subparagraphs (B) and (C)’’;
(B) by inserting before the period at the
end of subparagraph (A) the following: ‘‘but in
no event to exceed 18 months (or the equivalent
training hours)’’; and
(C) by adding at the end thereof the fol-
lowing new subparagraph:
‘‘(C) Assistance may be paid under this
subtitle on behalf of an eligible person to that
person’s employer for training under two or
more programs of job training under this sub-
title if such employer has not received (or is not
due) on that person’s behalf assistance in an
amount aggregating the applicable amount set
forth in subparagraph (B).’’; and
(2) in subsection (b)(3), by inserting before the
period at the end thereof ‘‘, or upon the completion
of the 18th month of training under the last training
program approved for the person’s pursuit with that
employer under this subtitle, whichever is earlier’’.
(c) ENTRY INTO PROGRAM OF JOB TRAINING.—Sec-
tion 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143
note) is amended by striking out the third sentence thereof
and inserting in lieu thereof ‘‘The eligible person may
begin such program of job training with the employer on
the day that notice is transmitted to such official by means
prescribed by such official. However, assistance under this
subtitle may not be provided to the employer if such offi-
cial, within two weeks after the date on which such notice
is transmitted, disapproves the eligible person’s entry into
that program of job training in accordance with this sec-
tion.’’.
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