To amend title 38, United States Code, with respect to veterans education and employment programs, and for other purposes.
PL 102-16 (H.R.180), enacted 03/22/1991

105 STAT. 48 
PUBLIC LAW 102-16—MAR. 22, 1991 
Public Law 102-16 
102d Congress 
An Act 
Mar. 22, 1991 
To amend title 38, United States Code, with respect to veterans education and 
[H.R. 180] 
employment programs, 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. EXTENSION. 
Section 2011(2XB) of title 38, United States Code, is amended by 
striking out "1991" and inserting in lieu thereof "1994". 
SEC. 2. EDUCATIONAL AND VOCATIONAL COUNSELING. 
(a) IN GENERAL.—Chapter 36 of title 38, United States Code, is 
amended by adding at the end of subchapter II the following new 
section: 
*'§ 1797A. Educational and vocational counseling 
"(a) The Secretary shall make available to an individual described 
in subsection (b) of this section, upon such individual's request, 
counseling services, including such educational and vocational coun-
seling and guidance, testing, and other assistance as the Secretary 
determines necessary to aid the individual in selecting— 
"(1) an educational or training objective and an educational 
institution or training establishment appropriate for the attain-
ment of such objective; or 
"(2) an employment objective that would be likely to provide 
such individual with satisfactory emplojmient opportunities in 
the light of the individual's personal circimistances. 
"(b) For the purposes of this section, the term 'individual' means 
an individual who— 
"(1) is eligible for educational assistance under chapter 30, 31, 
or 32 of this title or chapter 106 or 107 of title 10; 
"(2) was discharged or released from active duty under condi-
tions other th£m dishonorable if not more than one year has 
elapsed since the date of such last discharge or release from 
active duty; or 
"(3) is serving on active duty in any State with the Armed 
Forces and is within 180 days of the estimated date of such 
individual's discharge or release from active duty under condi-
tions other than dishonorable, including those who are making 
a determination of whether to continue as members of the 
Armed Forces. 
"(c) In any case in which the Secretary has rated the individual as 
being incompetent, the counseling services described in subsection 
(a) of this section shall be required to be provided to the individual 
before the selection of a program of education or training. 
Public 
"(d) At such intervals as the Secretary determines necessary, the 
information. 
Secretary shall make available information concerning the need for 
general education and for trained personnel in the various crafts, 
trades, and professions. Facilities of other Federal agencies collect-
PUBLIC LAW 102-16—MAR. 22, 1991 
105 STAT. 49 
ing such information shall be utilized to the extent the Secretary 
determines practicable. 
"(e) The Secretary shall take appropriate steps (including individ-
ual notification where feasible) to acquaint all individuals described 
in subsection (b) of this section with the availability and advantsiges 
of counseling services under this section.". 
(b) CONFORMING AMENDMENTS.—(1) Chapter 34 of such title is 
amended— 
(A) by striking out section 1663; and 
(B) in the table of sections of such chapter, by striking out 
"1663. Educational and vocational counseling.". 
(2) Sections 1434(aXl) and 1641(aXl) of such title are amended by 
striking out "1663,". 
(3) Section 1797(a) of such title is amended by inserting "under 
section 1797A of this title or to an individual" after "individual". 
(4) The table of sections of chapter 36 of such title is amended by 
adding the following new item at the end of the items for subchapter 
II: 
"1797A. Educational and vocational coiinseling.". 
SEC. 3. VOCATIONAL REHABILITATION. 
(a) REHABILITATION UNDER CHAPTER 31.—Section 1502(1)(B) of title 
38, United States Code, is amended by striking out "for a service-
connected disability" and all that follows through "determines" and 
inserting in lieu thereof "or receiving outpatient medical care, 
services, or treatment for a service-connected disability pending 
discharge from the active military, naval, or air service, and the 
Secretary determines that (i) the hospital (or other medical facility) 
providing the hospitalization, care, services, or treatment either is 
doing so under contract or agreement with the Secretary concerned 
or is under the jurisdiction of the Secretary of Veterans Affairs or 
the Secretary concerned, and (ii) the person is suffering from a 
disability which". 
(b) HANDLING 
FEES.—(1) Section 1504(aX7) of such title is 
amended— 
(A) by inserting "(A)" before "Vocational"; 
(B) by redesignating clauses (A) £md (B) as clauses (i) and (ii); 
(C) by striking out "and licensing" and inserting in lieu 
thereof "handling charges, licensing"; and 
(D) by adding at the end the following new subparagraph: 
"(B) Payment for the services and assistance provided under 
subparagraph (A) of this paragraph shall be made from funds 
available for the payment of readjustment benefits.". 
(2) The amendments made by this subsection shall apply only to 38 USC 1504 
pajmients made on or after the date of the enactment of this Act. "°*®-
(c) AMOUNT OF ALLOWANCE.—Section 1508(cX2) of such title is 
amended by inserting ", Stete, or local government" 
after. 
"Federal". 
SEC. 4. EXTENSION 
OF 
THE 
PERIOD 
PRECEDING 
AUTOMATIC 
DISENROLLMENT UNDER CHAPTER 32. 
Section 1632(bXl) of title 38, United States Code, is amended by 
inserting before the comma "and at the end of one year thereafter 
has not filed a claim for utilizing such entitlement". 
105 STAT. 50 
PUBLIC LAW 102-16—MAR. 22, 1991 
SEC. 
5
. 
REPEAL 
OF 
CERTAIN 
REPORTING 
REQUIREMENTS. 
(a) IN GENERAL.—Section 1642 and paragraph (3) of section 1798(e) 
of title 38, United States Code, are repealed. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 32 of 
such title is amended by striking out the item for section 1642. 
SEC. 6. PROVISION FOR CERTAIN INDIVIDUALS TO ELIMINATE AN OVER-
PAYMENT BY PERFORMING WORK-STUDY SERVICES. 
(a) IN GENERAL.—Section 1685 of title 38, United States Code, is 
amended by adding at the end the following new subsection: 
"(eXD Subject to paragraph (2) of this subsection, the Secretary 
may, notwithstanding any other provision of law, enter into an 
agreement with an individual under this section, or a modification 
of such an agreement, whereby the individual agrees to perform 
services of the kind described in clauses (A) through (E) of subsection 
(aXl) of this section and agrees that the Secretary shall, in lieu of 
paying the work-study allowance payable for such services, as pro-
vided in subsection (a) of this section, deduct the amount of the 
allowance from the amount which the individual has been deter-
mined to be indebted to the United States by virtue of such individ-
ual's participation in a benefits program under this chapter, chapter 
30, 31, 32, 35, or 36 (other than an education loan under subchapter 
III) of this title, or chapter 106 of title 10 (other than an indebted-
ness arising from a refund penalty imposed under section 2135 of 
such title). 
"(2XA) Subject to subparagraph (B) of this paragraph, the provi-
sions of this section (other than those provisions which are deter-
mined by the Secretary to be inapplicable to an agreement under 
this subsection) shall apply to any agreement authorized under 
paragraph (1) of this subsection. 
"(B) For the purposes of this subsection, the Secretary may— 
"(i) waive, in whole or in part, the limitations in subsection (a) 
of this section concerning the number of hours and periods 
during which services can be performed by the individual and 
the provisions of subsection (b) of this section requiring the 
individual's pursuit of a program of rehabilitation, education, or 
training; 
"(ii) in accordance with such terms and conditions as may be 
specified in the agreement under this subsection, waive or defer 
charging interest and administrative costs pursuant to section 
3115 of this title on the indebtedness to be satisfied by perform-
ance of the agreement; and 
"(iii) notwithstanding the indebtedness offset provisions of 
section 3114 of this title, waive or defer until the termination of 
an agreement under this subsection the deduction of all or giny 
portion of the amount of indebtedness covered by the agreement 
from future payments to the individual as described in section 
3114 of this title. 
"(3)(A) Subject to the provisions of subparagraphs (B) and (C) of 
this paragraph, an agreement authorized under this subsection shall 
terminate in accordance with the provisions of this section and the 
terms and conditions of the agreement which are consistent with 
this subsection. 
"(B) In no event shall an agreement under this subsection con-
tinue in force after the total amount of the individual's indebtedness 
described in paragraph (1) of this subsection has been recouped, 
waived, or otherwise liquidated. 
PUBLIC LAW 102-16—MAR. 22, 1991 
105 STAT. 51 
"(C) Notwithstanding the provisions of subparagraphs (A) and (B) 
of this paragraph, if the Secretary finds that an individual was 
without fault and was allowed to perform services described in the 
agreement after its termination, the Secretary shall, as reasonable 
compensation therefor, pay the individual at the applicable hourly 
minimum wage rate for such services as the Secretary determines 
were satisfactorily performed. 
"(4) The Secretary shall promulgate regulations to carry out this Regulations, 
subsection.". 
(b) 
CONFORMING AND TECHNICAL AMENDMENTS.—(1) 
Section 
1685(aX2) of such title is amended by inserting "and subsection (e) of 
this section" after "subsection". 
(2) Section 1685(b) of such title is amended by inserting before 
"utilize" in the first sentence ", subject to the provisions of subsec-
tion (e) of this section,". 
(3) Section 3114(a) of such title is amended by inserting before the 
comma "and section 1685(e) of this title". 
(4) Section 3115(a) of such title is amended by striking out "section 
3102" and inserting in lieu thereof "sections 1685(e) and 3102". 
SEC. 7. EDUCATIONAL ASSISTANCE FOR FLIGHT TRAINING. 
(a) POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE.—Sec-
tion 1641 of title 38, United States Code, is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section: 
"(bXD The Secretary may approve the pursuit of flight training 
(in addition to a course of flight training that may be approved 
under section 1673(b) of this title) by an individual entitled to basic 
educational assistance under this chapter i
f
— 
"(A) such training is generally accepted as necessary for the 
attainment of a recognized vocational objective in the field of 
aviation; 
"(B) the individual possesses a valid pilot's license and meets 
the medical requirements necessary for a commercial pilot's 
license; and 
"(C) the flight school courses meet Federal Aviation Adminis-
tration standards for such courses and are approved by the 
FederEil Aviation Administration and the State approving 
agency. 
"(2) This subsection shall not apply to a course of flight training 
that commences on or after October 1,1994.". 
(b) BENEFIT AMOUNT AND ENTITLEMENT CHARGE.—Section 1631 of 
such title is amended— 
(1) in subsection (aX2), by inserting "subsection (f) of this 
section and" after "provided in"; and 
(2) by adding at the end the following new subsection: 
"(fXD Subject to subsection (a)(1) of this section, each individual 
who is pursuing a program of education consisting exclusively of 
flight training approved as meeting the requirements of section 
1641(b) of this title shall be paid educational assistance under this 
chapter in the amount equal to 60 percent of the established charges 
for tuition and fees (other than tuition and fees charged for or 
attributable to solo fl3dng hours) which similarly circumstanced 
nonveterans enrolled in the same flight course are required to pay. 
"(2) No payment may be paid under this chapter to an individual 
for any month during which such individual is pursuing a program 
105 STAT. 52 
PUBLIC LAW 102-16—MAR. 22, 1991 
of education consisting exclusively of flight training until the Sec-
retary has received from that individual and the institution provid-
ing such training a certification of the flight training received by the 
individual during that month and the tuition and other fees charged 
for that training. 
"(3) The entitlement of an eligible veteran pursuing a program of 
education described in paragraph (1) of this subsection shall be 
charged at the rate of one month for each amount of educational 
assistance paid which is equal to the monthly benefit otherwise 
payable to such veteran (computed on the basis of the formula 
provided in subsection (aX2) of this section).". 
38 use 1631 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
take effect on April 1,1991. 
SEC. 8. COMMITTEE ON VETERANS' EMPLOYMENT. 
(a) IN GENERAL.—Section 2010 of title 38, United States Ckxie, is 
amended to read as follows: 
"§ 2010. Advisory Committee on Veterans Employment and Train-
ing 
Establishment. 
"(aXD There is hereby established within the Department of 
Labor an advisory committee to be known as the Advisory Com-
mittee on Veterans Employment and Training. 
"(2) The advisory committee shall— 
"(A) assess the emplo3rment and training needs of veterans; 
"(B) determine the extent to which the programs and activi-
ties of the Department of Labor are meeting such needs; and 
"(C) carry out such other activities that are necessary to make 
the reports and recommendations referred to in subsection (f) of 
this section. 
"(b) The Secretary of Labor shall, on a regular basis, consult with 
and seek the advice of the advisory committee with respect to the 
matters referred to in subsection (a)(2) of this section. 
"(cXD The Secretary of Labor shall, Avithin 90 days after the date 
of the enactment of this section, appoint at least 12, but no more 
than 18, individuals to serve as members of the advisory committee 
consisting of— 
"(A) representatives nominated by veterans' organizations 
that are chartered by Federal law and have a national employ-
ment program; and 
"(B) not more than 6 individuals who are recognized authori-
ties in the fields of business, employment, training, rehabilita-
tion, or labor and who are not employees of the Department of 
Labor. 
"(2) A vacancy in the advisory committee shall be filled in the 
manner in which the original appointment was made. 
"(d) The following, or their representatives, shall be ex officio, 
nonvoting members of the advisory committee: 
"(1) The Secretary of Veterans Affairs. 
"(2) The Secretary of Defense. 
"(3) The Secretary of Health and Human Services. 
"(4) The Secretary of Education. 
"(5) The Director of the Office of Personnel Management. 
"(6) The Assistant Secretary of Labor for Veterans Employ-
ment and Training. 
"(7) The Assistant Secretary of Labor for Employment and 
Training. 
PUBLIC LAW 102-16—MAR. 22, 1991 
105 STAT. 53 
"(8) The Chairman of the Equal Employment Opportunity 
Commission. 
"(9) The Administrator of the Small Business Administration. 
"(10) The Postmaster General. 
"(11) The Director of the United States Emplojnnent Service. 
"(12) Representatives of— 
"(A) other Federal departments and agencies requesting 
a representative on the advisory committee; and 
"(B) nationally based organizations with a significant 
involvement in veterans employment and training pro-
grams, as determined necessary and appropriate by the 
Secretary of Labor. 
"(eXl) The advisory committee shall meet at least quarterly. 
"(2) The Secretary of Labor shall appoint the chairman of the 
advisory committee who shall serve in that position for no more 
than 2 consecutive years. 
"(3XA) Members of the advisory committee shall serve without 
compensation. 
"(B) Members of the advisory committee shall be allowed reason-
able and necessary travel expenses, including per diem in lieu of 
subsistence, at rates authorized for persons serving intermittently in 
the Government service in accordance with the provisions of sub-
chapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
the responsibilities of the Board. 
"(4) The Secretary of Labor shall provide staff and administrative 
support to the advisory committee through the Veterans Employ-
ment and Training Service. 
"(fXl) Not later than July 1 of each year, the advisory committee Reports. 
shall submit to the Secretary of Labor a report on the employment 
and training needs of veterans. Each such report shall contain— 
"(A) an assessment of the employment and training needs of 
veterans; 
"(B) an evaluation of the extent to which the programs and 
activities of the Department of Labor are meeting such needs; 
and 
• 
"(C) any recommendations for legislation, administrative 
action, and other action that the advisory committee considers 
appropriate. 
"(2) In addition to the annual reports made under paragraph (1), 
the advisory committee may make recommendations to the Sec-
retary of Labor with respect to the emplojonent and training needs 
of veterans at such times and in such manner as the advisory 
committee determines appropriate. 
"(g) Within 60 days after receiving each annual report referred to 
in subsection (fXl), the Secretary of Labor shall transmit to Congress 
a copy of the report together with any comments concerning the 
report that the Secretary considers appropriate. 
"(h) The advisory committee shall continue until terminated by 
law.". 
O
b
) CLERICAL AMENDMENT.—The table of sections for chapter 41 of 
such title is amended by striking out the item for section 2010 and 
inserting in lieu thereof the following: 
"2010. Advisory Committee on Veterans Employment and Training.". 
105 STAT. 54 
PUBLIC LAW 102-16—MAR. 22, 1991 
SEC. 9. VETERANS READJUSTMENT APPOINTMENTS. 
(a) PoucY.—Section 2014(aXl) of title 38, United States Code, is 
amended— 
(1) by striking out "It is the policy of the United States" and 
inserting in lieu thereof the following: "The United States has 
an obligation to assist veterans of the Armed Forces in readjust-
ing to civilian life since veterans, by virtue of their military 
service, have lost opportunities to pursue education and train-
ing oriented toward civilian careers. The Federal Government is 
also continuously concerned with building an effective work 
force, and veterans constitute a major recruiting source. It is, 
therefore, the policy of the United States"; and 
(2) by striking out "certain veterans of the Vietnam era" and 
all that follows through the period and inserting in lieu thereof 
"disabled veterans and certain veterans of the Vietnam era and 
of the post-Vietnam era who are qualified for such emplojonent 
and advancement.", 
(b) IMPLEMENTATION.—(1) Section 2014(bXl) of such title is 
amended— 
(A) in clause (A), by striking out "up to" and all that follows 
through the semicolon and inserting in lieu thereof "up to and 
including the level GS-11 or its equivalent;"; 
(B) by striking out clauses (B) and (C) and inserting in lieu 
thereof the following: 
"(B) a veteran shall be eligible for such an appointment 
without regard to the number of years of education completed 
by such veteran; 
"(C) a veteran who is entitled to disability compensation 
under the laws administered by the Department of Veterans 
Affairs or whose discharge or release from active duty was for a 
disability incurred or aggravated in line of duty shall be given a 
preference for such an appointment over other veterans; 
"(D) a veteran receiving such an appointment shall— 
"(i) in the case of a veteran with less than 15 years of 
education, receive training or education; £ind 
"(ii) upon successful 
completion of the 
prescribed 
probationary period, acquire a competitive status; and"; 
(C) by striking out clauses (E) and (F); and 
(D) by redesignating clause (D) as clause (E) and by striking 
out "; and" at the end of such clause and inserting in lieu 
thereof a period. 
(2) Section 2014(b) of such title is amended by striking out 
subparagraph (B) of paragraph (2) and all that follows through 
paragraph (4) and inserting in lieu thereof the following: 
"(B) veterans who first became a member of the Armed 
Forces or first entered on active duty as a member of the Armed 
Forces after May 7, 1975, and were discharged or released from 
active duty under conditions other than dishonorable. 
"(3XA) Except as provided in subparagraph (C) of this paragraph, 
a veteran of the Vietnam era may receive an appointment under 
this section only during the period ending— 
"(i) 10 years after the date of the veteran's last discharge or 
release from active duty; or 
. 
"(ii) December 31,1993, 
whichever is later. 
PUBLIC LAW 102-16-MAR. 22, 1991 
105 STAT. 55 
"(B) Except as provided in subparagraph (C) of this paragraph, a 
veteran described in paragraph (2XB) of this subsection may receive 
such an appointment only within the 10-year period following the 
later of— 
"(i) the date of the veteran's last discharge or release from 
active duty; or 
"(ii) December 18,1989. 
"(C) The limitations of subparagraphs (A) and (B) of this para-
graph shall not apply to a veteran who has a service-connected 
disability rated at 30 percent or more. 
"(D) For purposes of clause (i) of subparagraphs (A) and (B) of this 
paragraph, the last discharge or release from active duty shall not 
include any discharge or release from active duty of less than ninety 
days of continuous service unless the individual involved is dis-
charged or released for a service-connected disability, for a medical 
condition which preexisted such service and which the Secretary 
determines is not service connected, for hardship, or as a result of a 
reduction in force described in section 1411(a)(lXA)(iiXin) of this 
title or of an 
involuntary 
separation 
described in 
section 
1418A(aXl).". 
(c) CLERICAL AMENDMENTS.—(1) The title heading for chapter 42 of 
such title is amended by striking out "DISABLED AND VIETNAM 
ERA". 
(2) The item for such chapter in the table of chapters is amended 
by striking out "Disabled and Vietnam Era". 
(d) EFFECTIVE DATE.—The amendments made by this Act shall 38 use 2014 
apply only to appointments made after the date of the enactment of ^°^^-
this Act. 
SEC. 10. TECHNICAL AMENDMENTS. 
(a) TITLE 38 TECHNICAL AMENDMENTS.—Title 38, United States 
Code, is amended as follows: 
(1) Section 1411(aX3) is amended— 
(A) by redesignating clause (C) as clause (D); and 
(B) by striking out clauses (A) and (B) and inserting in 
lieu thereof the following: 
"(A) continues on active duty; 
"(B) is discharged from active duty with an honorable 
discharge; 
"(C) is released after service on active duty characterized 
by the Secretary concerned as honorable service and is 
placed on the retired list, is transferred to the Fleet Reserve 
or Fleet Marine Corps Reserve, or is placed on the tem-
porary disability retired list; or". 
(2) Section 1418(bX4) is amended— 
(A) by striking out the comma after "service" and insert-
ing in lieu thereof "(i)"; and 
(B) by inserting ", or (ii) has successfully completed the 
equivalent of 12 semester hours in a program of education 
leading to a standard college degree" before the semicolon. 
(3) Section 1432(fX3) is amended bv striking out "or (c)" and 
inserting in lieu thereof "(c), or (dXl) • 
(4) Section 1433(b) is amended by striking out "section 902 of 
the Department of Defense Authorization Act, 1981 (10 U.S.C. 
2141 note)," and inserting in lieu thereof "chapter 109 of title 
10". 
(5) Section 1685(aXl) is amended— 
105 STAT. 56 
PUBLIC LAW 102-16—MAR. 22, 1991 
(A) by redesignating clauses (1) through (5) as clauses (A) 
through (E), respectively; and 
(B) in clause (E), as so redesignated, by inserting ", Coast 
Guard, or National Guard" after "Department of Defense". 
(6) Sections 1732(cX3), 1732(e), and 1733(aXl) are amended by 
striking out "Secretary of Veterans Affairs" and inserting in 
lieu thereof "Secretary". 
(7) Section 1774(aXlXA) is amended by striking out "chapters 
106 and 107" and inserting in lieu thereof "chapter 106". 
(8) Section 2004 is amended— 
(A) in subsection (aXl), by striking out "assignment" each 
place it appears in the material preceding subparagraph (A) 
and inserting in lieu thereof "appointment"; 
(B) in subjection (aXlXC), by striking out "assignment" 
and inserting in lieu thereof "appointment"; 
(C) in subsection (aX4), by striking out "assigning" and 
inserting in lieu thereof "appointment"; and 
(D) by striking out subsection (d). 
(9) Section 3013(a) is amended by inserting "or chapter 106 of 
title 10" after "of this title". 
(b) TITLE 10 TECHNICAL AMENDMENT.—Section 2136(b) of title 10, 
United States Code, is amended by striking out "1434(b),", "1663,", 
and "1780(g),". 
Approved March 22, 1991. 
LEGISLATIVE mSTORY—H.R. 180: 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Feb. 5, considered and passed House. 
Mar. 7, considered and passed Senate.