I 
108TH CONGRESS 
1ST SESSION H. R. 1716
To amend title 38, United States Code, to improve educational assistance 
programs of the Department of Veterans Affairs for apprenticeship or 
other on-job training, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2003
Mr. SMITH of New Jersey (for himself, Mr. EVANS, Mr. BROWN of South 
Carolina, and Mr. MICHAUD) introduced the following bill; which was re-
ferred to the Committee on Veterans’ Affairs, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 38, United States Code, to improve edu-
cational assistance programs of the Department of Vet-
erans Affairs for apprenticeship or other on-job training, 
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; REFERENCES TO TITLE 38, 
UNITED STATES CODE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Veterans Earn and Learn Act’’.
ANCE.—Section 3687 is amended by adding at the end 
the following new subsection: 
‘‘(e)(1) For each month that an individual (as defined 
in paragraph (3)) is paid a training assistance allowance 
under subsection (a), the entitlement of the individual 
shall be charged at a percentage rate (rounded to the near-
est percent) that is equal to the ratio of—
‘‘(A) such training assistance allowance for the 
period of months involved, to 
‘‘(B) the applicable monthly educational assist-
ance allowance payable to the individual for such pe-
riod of months.’’. 
‘‘(2) For any month in which an individual fails to 
complete 120 hours of training, the entitlement otherwise 
chargeable under paragraph (1) shall be reduced in the 
same proportion as the monthly training assistance allow-
ance payable is reduced under subsection (b)(3). 
‘‘(3) In this section, the term ‘individual’ means—
‘‘(A) an eligible veteran for purposes of chapter 
34 of this title who is entitled, under chapter 30 or 
34 of this title, as the case may be, to monthly edu-
cational assistance allowances payable under section 
3015(e) of this title, or 
‘‘(B) an eligible person for purposes chapter 35 
of this title, who is entitled, under section 3510 of
this title, to monthly educational assistance allow-
ances payable under section 3532(a) of this title 
as the case may be.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to months begin-
ning on or after the date that is 1 year after the date 
of the enactment of this Act. 
SEC. 3. INCENTIVE PAYMENT FOR EARLY COMPLETION OF 
APPRENTICESHIP TRAINING. 
(a) MONTGOMERY GI BILL.—(1) Section 3032(c) is 
amended by adding at the end the following new para-
graph: 
‘‘(4)(A) In the case of an individual who successfully 
completes a full-time program of apprenticeship before en-
titlement to monthly educational assistance allowance pay-
able under this subsection for that program is exhausted, 
the Secretary shall pay to the individual a lump-sum 
amount equal to the difference between—
‘‘(i) the total amount of educational assistance 
allowances that could have been paid to the indi-
vidual under this subsection for the successful com-
pletion of that program, and 
‘‘(ii) the amount of educational assistance al-
lowance paid to the individual for the program under 
this subsection.
‘‘(B) In the case of a lump sum payment paid to an 
individual under subparagraph (A), the individual’s enti-
tlement under this chapter (and chapter 34 of this title, 
if applicable) shall be charged at the applicable rate under 
paragraph (3).’’. 
(2) Paragraph (1) of such section is amended by 
striking ‘‘Except as provided in paragraph (2)’’ and in-
serting ‘‘Subject to the succeeding provisions’’. 
(b) POST-VIETNAM ERA VETERANS’ EDUCATIONAL 
ASSISTANCE.—(1) Section 3233 is amended by adding at 
the end the following new subsection: 
‘‘(e)(1) In the case of an individual who successfully 
completes a full-time program of apprenticeship before en-
titlement to monthly benefit payment payable under this 
section for that program is exhausted, the Secretary shall 
pay to the individual a lump-sum amount equal to the dif-
ference between—
‘‘(A) the total amount of monthly benefit pay-
ments that could have been paid to the individual
under this section for the successful completion of 
that program, and 
‘‘(B) the amount of monthly benefit payments 
paid to the individual for the program under this 
section.
‘‘(2) In the case of a lump sum payment paid to an 
individual under paragraph (1), the individual’s entitle-
ment under this chapter shall be charged at the applicable 
rate under subsections (c) and (d).’’
(2) Subsection (a) of such section is amended by 
striking ‘‘Except as provided in subsection (b)’’ and insert-
ing ‘‘Subject to the succeeding provisions’’. 
(c) VETERANS’ EDUCATIONAL ASSISTANCE AND SUR-
VIVORS’ 
AND
DEPENDENTS’ EDUCATIONAL
ASSIST-
ANCE.—Section 3687, as amended by section 2(a), is fur-
ther amended by adding at the end the following new sub-
section: 
‘‘(f)(1) In the case of an individual (as defined in sub-
section (e)(3) who successfully completes a full-time pro-
gram of apprenticeship before entitlement to monthly edu-
cational assistance allowance payable for that program is 
exhausted, the Secretary shall pay to the individual a 
lump-sum amount equal to the difference between—
‘‘(A) the total amount of educational assistance 
allowances that could have been paid to the indi-
vidual under subsection (a) for the successful com-
pletion of that program, and 
‘‘(B) the amount of educational assistance al-
lowance paid to the individual for the program under 
subsection (a).
‘‘(2) In the case of a lump sum payment paid to an 
individual under paragraph (1), the entitlement of the in-
dividual under chapter 30, 34, or 35 of this title, as the 
case may be, shall be charged at the applicable rate under 
subsection (e).’’. 
(d) SELECTED RESERVE MONTGOMERY GI BILL.—
(1) Section 16131(d) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(4)(A) In the case of an individual who successfully 
completes a full-time program of apprenticeship before en-
titlement to monthly educational assistance allowance pay-
able under this subsection for that program is exhausted, 
the Secretary shall pay to the individual a lump-sum 
amount equal to the difference between—
‘‘(i) the total amount of educational assistance 
allowances that could have been paid to the indi-
vidual under this subsection for the successful com-
pletion of that program, and 
‘‘(ii) the amount of educational assistance al-
lowance paid to the individual for the program under 
this subsection. 
‘‘(B) In the case of a lump sum payment paid to an 
individual under subparagraph (A), the individual’s enti-
tlement under this chapter shall be charged at the applica-
ble rate under paragraph (3).’’. 
(2) Paragraph (1) of such section is amended by 
striking ‘‘Except as provided in paragraph (2)’’ and in-
serting ‘‘Subject to the succeeding provisions of this sub-
section’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to programs of training beginning 
on or after the date of the enactment of this Act. 
SEC. 4. INCREASE IN BENEFIT FOR INDIVIDUALS PUR-
SUING APPRENTICESHIP OR ON–JOB TRAIN-
ING AND RELATED POSTSECONDARY CLASS-
ROOM EDUCATION TRAINING. 
(a) MONTGOMERY GI BILL.—Section 3032(c), as 
amended by section 3(a), is further amended by adding 
at the end the following new paragraph: 
‘‘(5)(A) In the case of an individual pursuing a full-
time program of apprenticeship or other on-job training 
under this chapter who, as a requirement of such program, 
is enrolled in a course of classroom instruction approved 
under subchapter I of chapter 36 of this title, notwith-
standing the preceding provisions of this subsection, the 
amount of the monthly educational assistance allowance 
payable to the individual for each month (or fraction 
thereof) the individual is enrolled in such course is the
amount payable under section 3015 of this title to an indi-
vidual pursuing a program of education on a full-time 
basis. 
‘‘(B)(i) Subject to clause (ii), in the case of an indi-
vidual pursuing a full-time program of apprenticeship or 
other on-job training under this chapter who has volun-
tarily enrolled in a course of classroom instruction ap-
proved under subchapter I of chapter 36 of this title that 
is related to such program, notwithstanding the preceding 
provisions of this subsection, the amount of the monthly 
educational assistance allowance payable to the individual 
under this subsection shall be increased for each month 
(or fraction thereof) the individual is enrolled in such 
course by an amount equal to the applicable reduced rate 
established by the Secretary under section 3015 of this 
title for an approved program of education pursued on less 
than a full-time basis. 
‘‘(ii) In no case may the amount of the monthly edu-
cational assistance allowance payable to the individual 
under clause (i) exceed the amount payable under such 
section 3015 to an individual pursuing a program of edu-
cation on a full-time basis. 
‘‘(C)(i) In the case of a monthly educational assist-
ance allowance paid to an individual under subparagraph 
(A) for a month, the individual’s entitlement under this
chapter for that month shall be charged at the rate that 
otherwise would apply but for this subsection. 
‘‘(ii) In the case of a monthly educational assistance 
allowance paid to an individual under subparagraph (B) 
for a month, the charge to the individual’s entitlement for 
that month shall be increased proportionately in accord-
ance with the increase in payment under subparagraph 
(B). 
‘‘(iii) Any such charge to the individual’s entitlement 
shall be reduced proportionately in accordance with the 
reduction in payment under paragraph (2).’’. 
(b) POST-VIETNAM ERA VETERANS’ EDUCATIONAL 
ASSISTANCE.—(1) Section 3233, as amended by section 
3(b), is further amended by adding at the end the fol-
lowing new subsection:
‘‘(f)(1) In the case of an individual pursuing a full-
time program of apprenticeship or other on-job training 
under this chapter who, as a requirement of such program, 
is enrolled in a course of classroom instruction approved 
under subchapter I of chapter 36 of this title, notwith-
standing the preceding provisions of this section, the 
amount of the monthly benefit payment payable to the in-
dividual for each month (or fraction thereof) the individual 
is enrolled in such course is the amount payable under
section 3231 of this title to that individual pursuing a pro-
gram of education on a full-time basis. 
‘‘(2)(A) Subject to subparagraph (B), in the case of 
an individual pursuing a full-time program of apprentice-
ship or other on-job training under this chapter who has 
voluntarily enrolled in a course of classroom instruction 
approved under subchapter I of chapter 36 of this title 
that is related to such program, notwithstanding the pre-
ceding provisions of this section, the amount of the month-
ly benefit payment payable to the individual under this 
section shall be increased for each month (or fraction 
thereof) the individual is enrolled in such course by an 
amount equal to the applicable reduced rate established 
by the Secretary under section 3231 of this title for an 
approved program of education pursued on less than a 
full-time basis. 
‘‘(B) In no case may the amount of the monthly ben-
efit payment payable to the individual under subparagraph 
(A) exceed the amount payable under section 3231 of this 
title to an individual pursuing a program of education on 
a full-time basis.
‘‘(3)(A) In the case of a monthly benefit payment 
paid to an individual under paragraph (1) for a month, 
the individual’s entitlement under this chapter for that
month shall be charged at the rate that otherwise would 
apply but for this section. 
‘‘(B) In the case of a monthly benefit payment paid 
to an individual under paragraph (2) for a month, the 
charge to the individual’s entitlement for that month shall 
be increased proportionately in accordance with the in-
crease in payment under paragraph (2). 
‘‘(C) Any such charge to the individual’s entitlement 
shall be reduced proportionately in accordance with the 
reduction in payment under paragraph (2).’’. 
(2) Section 3231(a)(2) is amended—
(A) by striking ‘‘(2) Except as provided in 
paragraph (5)(E) of this subsection and in sub-
section (e) of this section’’ and inserting ‘‘(2)(A) Ex-
cept as provided in subparagraph (B), paragraph 
(5)(E),’’; and 
(B) by adding at the end the following new sub-
paragraph: 
‘‘(B) The Secretary shall prescribe regulations for ap-
propriately reduced rates of the amount of the monthly 
payment otherwise applicable under subparagraph (A) for 
programs of educational or vocational assistance pursued 
on less than a full-time basis.’’. 
(c) VETERANS’ EDUCATIONAL ASSISTANCE AND SUR-
VIVORS’ 
AND
DEPENDENTS’ EDUCATIONAL
ASSIST-
ANCE.—Section 3687, as amended by section 3(c), is fur-
ther amended by adding at the end the following new sub-
section: 
‘‘(g)(1) In the case of an individual (as defined in 
subsection (e)(3)) pursuing a full-time program of appren-
ticeship or other on-job training who, as a requirement 
of such program, is enrolled in a course of classroom in-
struction approved under subchapter I, notwithstanding 
the preceding provisions of this section, the amount of the 
monthly training assistance allowance payable to the indi-
vidual for each month (or fraction thereof) the individual 
is enrolled in such course is the amount of educational 
assistance allowance payable under section 3015(e) of this 
title or under section 3532(a) of this title, as the case may 
be, who is pursuing a program of education on a full-time 
basis. 
‘‘(2)(A) Subject to subparagraph (B), in the case of 
an individual pursuing a full-time program of apprentice-
ship or other on-job training, as the case may be, who 
has voluntarily enrolled in a course of classroom instruc-
tion approved under subchapter I that is related to such 
program, notwithstanding the preceding provisions of this 
section, the amount of the monthly training assistance al-
lowance payable to the individual under this section shall 
be increased for each month (or fraction thereof) the indi-
vidual is enrolled in such course by an amount equal to 
the applicable reduced rate established by the Secretary 
under section 3015 of this title, or section 3532(a), as the 
case may be, for an approved program of education pur-
sued on less than a full-time basis. 
‘‘(B) In no case may the amount of the monthly ben-
efit payment payable to the individual under subparagraph 
(A) exceed the amount of educational assistance allowance 
payable to the individual under section 3015(e) of this or 
under section 3532(a) of this title, as the case may be, 
who is pursuing a program of education on a full-time 
basis. 
‘‘(3)(A) In the case of a monthly benefit payment 
paid to an individual under paragraph (1) for a month, 
the entitlement of the individual under chapter 30, 34, or 
35 of this title for that month shall be charged at the rate 
that otherwise would apply but for this section. 
‘‘(B) In the case of a monthly benefit payment paid 
to an individual under paragraph (2) for a month, the 
charge to the entitlement of the individual under chapter 
30, 34, or 35 of this title for that month shall be increased 
proportionately in accordance with the increase in pay-
ment under paragraph (2).
‘‘(C) Any such charge to the entitlement of the indi-
vidual shall be reduced proportionately in accordance with 
the reduction in payment under paragraph (2).’’. 
(d) SELECTED RESERVE MONTGOMERY GI BILL.—
Section 16131 of title 10, United States Code, as amended 
by section 3(d), is further amended by adding at the end 
the following new paragraph: 
‘‘(5)(A) In the case of an individual pursuing a full-
time program of apprenticeship or other on-job training 
under this chapter who, as a requirement of such program, 
is enrolled in a course of classroom instruction approved 
under subchapter I of chapter 36 of title 38, notwith-
standing the preceding provisions of this subsection, the 
amount of the monthly educational assistance allowance 
payable to the individual for each month (or fraction 
thereof) the individual is enrolled in such course is the 
amount payable under subsection (b) to an individual pur-
suing a program of education on a full-time basis. 
‘‘(B)(i) Subject to clause (ii), in the case of an indi-
vidual pursuing a full-time program of apprenticeship or 
other on-job training under this chapter who has volun-
tarily enrolled in a course of classroom instruction ap-
proved under subchapter I of chapter 36 of title 38 that 
is related to such program, notwithstanding the preceding 
provisions of this subsection, the amount of the monthly
educational assistance allowance payable to the individual 
under this subsection shall be increased for each month 
(or fraction thereof) the individual is enrolled in such 
course by an amount equal to the applicable reduced rate 
established by the Secretary under subsection (b) for an 
approved program of education pursued on less than a 
full-time basis. 
‘‘(ii) In no case may the amount of the monthly edu-
cational assistance allowance payable to the individual 
under clause (i) exceed the amount payable under sub-
section (b) to an individual pursuing a program of edu-
cation on a full-time basis. 
‘‘(C)(i) In the case of a monthly educational assist-
ance allowance paid to an individual under subparagraph 
(A) for a month, the individual’s entitlement under this 
chapter for that month shall be charged at the rate that 
otherwise would apply but for this subsection. 
‘‘(ii) In the case of a monthly educational assistance 
allowance paid to an individual under subparagraph (B) 
for a month, the charge to the individual’s entitlement for 
that month shall be increased proportionately in accord-
ance with the increase in payment under subparagraph 
(B).
‘‘(iii) Any such charge to the individual’s entitlement 
shall be reduced proportionately in accordance with the 
reduction in payment under paragraph (2).’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to months beginning 
on or after the date that is 1 year after the date of the 
enactment of this Act.
SEC. 5. AUTHORITY FOR COMPETENCY-BASED APPREN-
TICESHIP PROGRAMS. 
(a) IN GENERAL.—Section 3672(c) is amended—
(1) by striking ‘‘(1)’’ and ‘‘(2)’’ and inserting, 
‘‘(A)’’ and ‘‘(B)’’ respectively; 
(2) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(2) The period of a program of apprenticeship may 
be determined based upon a specific period of time (com-
monly referred to as a ‘time-based program’), based upon 
the demonstration of successful mastery of skills (com-
monly referred to as a ‘competency-based program’), or 
based upon a combination thereof. 
‘‘(3)(A) In the case of a competency-based program 
of apprenticeship, in determining the period of such a pro-
gram, the Secretary shall take into consideration the ap-
proximate term of the program recommended in registered
apprenticeship program standards recognized by the Sec-
retary of Labor. 
‘‘(B) The sponsor of a competency-based program of 
apprenticeship shall provide notice to the Secretary of any 
such standards that may apply to the program and the 
proposed approximate period of training under the pro-
gram. 
‘‘(4) The Secretary of Labor shall notify the Sec-
retary upon the successful completion of a program of ap-
prenticeship by a veteran, eligible veteran, or eligible per-
son, as the case may be.’’. 
(b) INCREASED USE OF APPRENTICESHIPS.—Section 
3672(d)(1) is amended by adding at the end the following 
new sentence: ‘‘The Secretary of Labor shall provide such 
assistance and services to the Secretary, and to State ap-
proving agencies, to increase the use of apprenticeships.’’. 
(c) ON-JOB TRAINING.—Section 3677 is amended by 
adding at the end the following new subsection: 
‘‘(d)(1) The sponsor of any program of training on 
the job shall submit notice to the Secretary upon the suc-
cessful completion of the program by the veteran, eligible 
veteran, or eligible person, as the case may be. 
‘‘(2) The term ‘training on the job’ includes training 
commonly referred to as ‘on-job learning’.’’.
(d) FUNDING FOR DEPARTMENT COMPUTER SYSTEM 
MODIFICATIONS.—From amounts appropriated to the De-
partment of Veterans Affairs for fiscal year 2004 for read-
justment benefits, the Secretary of Veterans Affairs shall 
use an amount not to exceed $3,000,000 to modify com-
puter systems and to develop procedures required to carry 
out the amendments made by subsection (a) and sections 
2, 3, and 4. 
SEC. 6. PILOT PROGRAM TO PROVIDE ON–JOB BENEFITS 
TO TRAIN DEPARTMENT OF VETERANS AF-
FAIRS’ CLAIMS ADJUDICATORS. 
Section 3677, as amended by section 5(c), is further 
amended by adding at the end the following new sub-
section: 
‘‘(e)(1) The Secretary shall conduct a pilot program 
under which, the Secretary shall operate a program of 
training on the job under this section for a period (not-
withstanding subsection (c)(2)) of up to three years in du-
ration to train employees of the Department to become 
qualified adjudicators of claims for compensation, depend-
ency and indemnity compensation, and pension. 
‘‘(2) Amounts of educational assistance, monthly ben-
efit payments, and training assistance allowance under 
chapters 30, 31, 32, 34, and 35 of this title, as the case
may be, shall be payable to such employees during each 
month of training under the program. 
‘‘(3)(A) Not later than 3 years after the implementa-
tion of the pilot project, the Secretary shall submit to Con-
gress an initial report on the pilot project. The report shall 
include an assessment of the usefulness of the program 
in recruiting and retaining of personnel of the Department 
as well as an assessment of the value of the program as 
a training program. 
‘‘(B) Not later than 18 months after the date on 
which the initial report under subparagraph (A) is sub-
mitted, the Secretary shall submit to Congress a final re-
port on the pilot project. The final report shall include 
recommendations of the Secretary with respect to continu-
ation of the pilot project and with respect to expansion 
of the types of claims for which the extended period of 
on the job training is available to train such employees. 
‘‘(4) The pilot project shall terminate 5 years after 
the date of the implementation of the project.’’. 
SEC. 7. REQUIREMENT FOR COORDINATION OF DATA 
AMONG THE DEPARTMENTS OF VETERANS 
AFFAIRS, DEFENSE, AND LABOR WITH RE-
SPECT TO ON-JOB TRAINING. 
Section 3694 is amended—
(1) by striking ‘‘In carrying out’’ and inserting 
‘‘(a) IN GENERAL.—In carrying out’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) COORDINATION OF INFORMATION AMONG THE 
DEPARTMENTS OF VETERANS AFFAIRS, DEFENSE, AND 
LABOR WITH RESPECT TO ON-JOB TRAINING.—At the 
time of a servicemember’s discharge or release from active 
duty service, the Secretary of Defense shall furnish to the 
Secretary such pertinent information concerning each reg-
istered apprenticeship pursued by the servicemember dur-
ing the period of active duty service of the servicemember. 
The Secretary, in conjunction with the Secretary of Labor, 
shall encourage and assist States and private organiza-
tions to give credit to servicemembers for the registered 
apprenticeship program so pursued in the case of any re-
lated apprenticeship program the servicemember may pur-
sue as a civilian.’’. 
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) DEFINITION OF TRAINING ESTABLISHMENT.—
Section 3452(e) is amended by striking ‘‘or any State ap-
prenticeship agency, or any State board of vocational edu-
cation, or any joint apprenticeship committee, or the Bu-
reau of Apprenticeship and Training established pursuant 
to the Act of August 16, 1937, popularly known as the
‘‘National Apprenticeship Act’’ (29 U.S.C. 50 et seq.),’’ 
and inserting ‘‘any State board of vocational education, 
any Federal or State apprenticeship registration agency, 
any joint apprenticeship committee established pursuant 
to the Act of August 16, 1937, popularly known as the 
‘National Apprenticeship Act’ (29 U.S.C. 50 et seq.),’’. 
(b) CLARIFICATION OF APPLICABLE APPRENTICE-
SHIP STANDARDS.—(1) Section 3672(c), as amended by 
section 5(a), is amended in subparagraph (A) by inserting 
‘‘apprenticeship’’ before ‘‘standards’’. 
(2) Section 3672(d)(1) is amended by striking ‘‘of 
programs of training on the job (including programs of 
apprenticeship)’’ and inserting ‘‘of apprenticeship and on 
the job training programs’’. 
(c) JOB TRAINING AND PLACEMENT FUNCTIONS OF 
THE DEPARTMENT.—(1) Section 4102A, as amended by 
section 4(a) of the Jobs for Veterans Act (Public Law 
107–288; 116 Stat. 2038), is amended by striking ‘‘Octo-
ber 1, 2002’’ in subsection (c)(2)(B)(ii) and inserting ‘‘Oc-
tober 1, 2003’’. 
(2) The amendment made by paragraph (1) shall 
take effect as if included in the enactment of section 4(a) 
of the Jobs for Veterans Act (Public Law 107–288; 116 
Stat. 2038).
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