[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 389 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 389

  To amend title 10, United States Code, to improve and transfer the 
    jurisdiction over the troops-to-teachers program, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 1999

   Mr. McCain (for himself, Mr. Robb, Mr. Lieberman, Mr. DeWine, Mr. 
  Levin, Mr. Kennedy, Mr. Bingaman, Mr. Cleland, Mrs. Feinstein, Mrs. 
  Hutchison, Mr. Conrad, Mr. Allard, and Mr. Smith of New Hampshire) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to improve and transfer the 
    jurisdiction over the troops-to-teachers program, 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.

    This Act may be cited as the ``Troops-to-Teachers Program 
Improvement Act of 1999''.

SEC. 2. IMPROVEMENT AND TRANSFER OF JURISDICTION OF TROOPS-TO-TEACHERS 
              PROGRAM.

    (a) Recodification, Improvement, and Transfer of Program.--(1) 
Section 1151 of title 10, United States Code, is amended to read as 
follows:
``Sec. 1151. Assistance to certain separated or retired members to 
              obtain certification and employment as teachers
    ``(a) Program Authorized.--The Secretary of Education, in 
consultation with the Secretary of Defense and the Secretary of 
Transportation with respect to the Coast Guard, may carry out a 
program--
            ``(1) to assist eligible members of the armed forces after 
        their discharge or release, or retirement, from active duty to 
        obtain certification or licensure as elementary or secondary 
        school teachers or as vocational or technical teachers; and
            ``(2) to facilitate the employment of such members by local 
        educational agencies identified under subsection (b)(1).
    ``(b) Identification of Local Educational Agencies and States.--
(1)(A) In carrying out the program authorized by subsection (a), the 
Secretary of Education shall periodically identify local educational 
agencies that--
            ``(i) are receiving grants under title I of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as 
        a result of having within their jurisdictions concentrations of 
        children from low-income families; or
            ``(ii) are experiencing a shortage of qualified teachers, 
        in particular a shortage of science, mathematics, special 
        education, or vocational or technical teachers.
    ``(B) The Secretary may identify local educational agencies under 
subparagraph (A) through surveys conducted for that purpose or by 
utilizing information on local educational agencies that is available 
to the Secretary from other sources.
    ``(2) In carrying out the program, the Secretary shall also conduct 
a survey of States to identify those States that have alternative 
certification or licensure requirements for teachers, including those 
States that grant credit for service in the armed forces toward 
satisfying certification or licensure requirements for teachers.
    ``(c) Eligible Members.--(1) The following members shall be 
eligible for selection to participate in the program:
            ``(A) Any member who--
                    ``(i) during the period beginning on October 1, 
                1990, and ending on September 30, 1999, was 
                involuntarily discharged or released from active duty 
                for purposes of a reduction of force after six or more 
                years of continuous active duty immediately before the 
                discharge or release; and
                    ``(ii) satisfies such other criteria for selection 
                as the Secretary of Education, in consultation with the 
                Secretary of Defense and the Secretary of 
                Transportation, may prescribe.
            ``(B) Any member--
                    ``(i) who, on or after October 1, 1999--
                            ``(I) is retired for length of service with 
                        at least 20 years of active service computed 
                        under section 3925, 3926, 8925, or 8926 of this 
                        title or for purposes of chapter 571 of this 
                        title; or
                            ``(II) is retired under section 1201 or 
                        1204 of this title;
                    ``(ii) who--
                            ``(I) in the case of a member applying for 
                        assistance for placement as an elementary or 
                        secondary school teacher, has received a 
                        baccalaureate or advanced degree from an 
accredited institution of higher education; or
                            ``(II) in the case of a member applying for 
                        assistance for placement as a vocational or 
                        technical teacher--
                                    ``(aa) has received the equivalent 
                                of one year of college from an 
                                accredited institution of higher 
                                education and has 10 or more years of 
                                military experience in a vocational or 
                                technical field; or
                                    ``(bb) otherwise meets the 
                                certification or licensure requirements 
                                for a vocational or technical teacher 
                                in the State in which such member seeks 
                                assistance for placement under the 
                                program; and
                    ``(iii) who satisfies any criteria prescribed under 
                subparagraph (A)(ii).
    ``(2) A member who is discharged or released from active duty, or 
retires from service, under other than honorable conditions shall not 
be eligible to participate in the program.
    ``(d) Information Regarding Program.--(1) The Secretary of 
Education, in consultation with the Secretary of Defense and the 
Secretary of Transportation, shall provide information regarding the 
program, and make applications for the program available, to members as 
part of preseparation counseling provided under section 1142 of this 
title.
    ``(2) The information provided to members shall--
            ``(A) indicate the local educational agencies identified 
        under subsection (b)(1); and
            ``(B) identify those States surveyed under subsection 
        (b)(2) that have alternative certification or licensure 
        requirements for teachers, including those States that grant 
        credit for service in the armed forces toward satisfying such 
        requirements.
    ``(e) Selection of Participants.--(1)(A) Selection of members to 
participate in the program shall be made on the basis of applications 
submitted to the Secretary of Education on a timely basis. An 
application shall be in such form and contain such information as the 
Secretary may require.
    ``(B) An application shall be considered to be submitted on a 
timely basis if the application is submitted as follows:
            ``(i) In the case of an applicant who is eligible under 
        subsection (c)(1)(A), not later than September 30, 2003.
            ``(ii) In the case of an applicant who is eligible under 
        subsection (c)(1)(B), not later than four years after the date 
        of the retirement of the applicant from active duty.
    ``(2) In selecting participants to receive assistance for placement 
as elementary or secondary school teachers or vocational or technical 
teachers, the Secretary shall give priority to members who--
            ``(A) have educational or military experience in science, 
        mathematics, special education, or vocational or technical 
        subjects and agree to seek employment as science, mathematics, 
        or special education teachers in elementary or secondary 
        schools or in other schools under the jurisdiction of a local 
        educational agency; or
            ``(B) have educational or military experience in another 
        subject area identified by the Secretary, in consultation with 
        the National Governors Association, as important for national 
        educational objectives and agree to seek employment in that 
        subject area in elementary or secondary schools.
    ``(3) The Secretary may not select a member to participate in the 
program unless the Secretary has sufficient appropriations for the 
program available at the time of the selection to satisfy the 
obligations to be incurred by the United States under subsection (g) 
with respect to that member.
    ``(f) Agreement.--A member selected to participate in the program 
shall be required to enter into an agreement with the Secretary of 
Education in which the member agrees--
            ``(1) to obtain, within such time as the Secretary may 
        require, certification or licensure as an elementary or 
        secondary school teacher or vocational or technical teacher; 
        and
            ``(2) to accept an offer of full-time employment as an 
        elementary or secondary school teacher or vocational or 
        technical teacher for not less than four school years with a 
        local educational agency identified under subparagraph (A) or 
        (B) of subsection (b)(1), to begin the school year after 
        obtaining that certification or licensure.
    ``(g) Stipend and Bonus for Participants.--(1)(A) Subject to 
subparagraph (B), the Secretary of Education shall pay to each 
participant in the program a stipend in an amount equal to $5,000.
    ``(B) The total number of stipends that may be paid under this 
paragraph in any fiscal year may not exceed 3,000.
    ``(2)(A) Subject to subparagraph (B), the Secretary of Education 
may, in lieu of paying a stipend under paragraph (1), pay a bonus of 
$10,000 to each participant in the program who agrees under subsection 
(f) to accept full-time employment as an elementary or secondary school 
teacher or vocational or technical teacher for not less than four years 
in a high need school.
    ``(B) The total number of bonuses that may be paid under this 
paragraph in any fiscal year may not exceed 1,000.
    ``(C) In this paragraph, the term `high need school' means an 
elementary school or secondary school that meets one or more of the 
following criteria:
            ``(i) A school with a drop out rate that exceeds the 
        national average school drop out rate.
            ``(ii) A school having a large percentage of students (as 
        determined by the Secretary of Education in consultation with 
        the National Assessment Governing Board) who speak English as a 
        second language.
            ``(iii) A school having a large percentage of students (as 
        so determined) who are at risk of educational failure by reason 
        of limited proficiency in English, poverty, race, geographic 
        location, or economic circumstances.
            ``(iv) A school at least one-half of whose students are 
        from families with an income below the poverty line (as that 
        term is defined by the Office of Management and Budget and 
        revised annually in accordance with section 673(2) of the 
        Community Services Block Grant Act (42 U.S.C. 9902(2)) 
        applicable to a family of the size involved.
            ``(v) A school with a large percentage of students (as so 
        determined) who qualify for assistance under part B of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
        seq.).
            ``(vi) A school meeting any other criteria established by 
        the Secretary in consultation with the National Assessment 
        Governing Board.
    ``(3) Stipends and bonuses paid under this subsection shall be 
taken into account in determining the eligibility of the participant 
concerned for Federal student financial assistance provided under title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
    ``(h) Reimbursement Under Certain Circumstances.--(1) If a 
participant in the program fails to obtain teacher certification or 
licensure or employment as an elementary or secondary school teacher or 
vocational or technical teacher as required under the agreement or 
voluntarily leaves, or is terminated for cause, from the employment 
during the four years of required service, the participant shall be 
required to reimburse the Secretary of Education for any stipend paid 
to the participant under subsection (g)(1) in an amount that bears the 
same ratio to the amount of the stipend as the unserved portion of 
required service bears to the four years of required service.
    ``(2) If a participant in the program who is paid a bonus under 
subsection (g)(2) fails to obtain employment for which such bonus was 
paid, or voluntarily leaves or is terminated for cause from the 
employment during the four years of required service, the participant 
shall be required to reimburse the Secretary of Education for any bonus 
paid to the participant under that subsection in an amount that bears 
the same ratio to the amount of the bonus as the unserved portion of 
required service bears to the four years of required service.
    ``(3)(A) The obligation to reimburse the Secretary under this 
subsection is, for all purposes, a debt owing the United States.
    ``(B) A discharge in bankruptcy under title 11 shall not release a 
participant from the obligation to reimburse the Secretary.
    ``(C) Any amount owed by a participant under paragraph (1) or (2) 
shall bear interest at the rate equal to the highest rate being paid by 
the United States on the day on which the reimbursement is determined 
to be due for securities having maturities of ninety days or less and 
shall accrue from the day on which the participant is first notified of 
the amount due.
    ``(i) Exceptions to Reimbursement Provisions.--(1) A participant in 
the program shall not be considered to be in violation of an agreement 
entered into under subsection (f) during any period in which the 
participant--
            ``(A) is pursuing a full-time course of study related to 
        the field of teaching at an eligible institution;
            ``(B) is serving on active duty as a member of the armed 
        forces;
            ``(C) is temporarily totally disabled for a period of time 
        not to exceed three years as established by sworn affidavit of 
        a qualified physician;
            ``(D) is unable to secure employment for a period not to 
        exceed 12 months by reason of the care required by a spouse who 
        is disabled;
            ``(E) is seeking and unable to find full-time employment as 
        a teacher in an elementary or secondary school or as a 
        vocational or technical teacher for a single period not to 
        exceed 27 months; or
            ``(F) satisfies the provisions of additional reimbursement 
        exceptions that may be prescribed by the Secretary of 
        Education.
    ``(2) A participant shall be excused from reimbursement under 
subsection (h) if the participant becomes permanently totally disabled 
as established by sworn affidavit of a qualified physician. The 
Secretary may also waive reimbursement in cases of extreme hardship to 
the participant, as determined by the Secretary in consultation with 
the Secretary of Defense or the Secretary of Transportation, as the 
case may be.
    ``(j) Relationship to Educational Assistance Under Montgomery GI 
Bill.--The receipt by a participant in the program of any assistance 
under the program shall not reduce or otherwise affect the entitlement 
of the participant to any benefits under chapter 30 of title 38 or 
chapter 1606 of this title.
    ``(k) Discharge of State Activities Through Consortia of States.--
The Secretary of Education may permit States participating in the 
program authorized by this section to carry out activities authorized 
for such States under this section through one or more consortia of 
such States.
    ``(l) Assistance to States in Activities Under Program.--(1) 
Subject to paragraph (2), the Secretary of Education may make grants to 
States participating in the program authorized by this section, or to 
consortia of such States, in order to permit such States or consortia 
of States to operate offices for purposes of recruiting eligible 
members for participation in the program and facilitating the 
employment of participants in the program in schools in such States or 
consortia of States.
    ``(2) The total amount of grants under paragraph (1) in any fiscal 
year may not exceed $4,000,000.
    ``(m) Limitation on Use of Funds for Management Infrastructure.--
The Secretary of Education may utilize not more than five percent of 
the funds available to carry out the program authorized by this section 
for a fiscal year for purposes of establishing and maintaining the 
management infrastructure necessary to support the program.
    ``(n) Definitions.--In this section:
            ``(1) The term `State' includes the District of Columbia, 
        American Samoa, the Federated States of Micronesia, Guam, the 
        Republic of the Marshall Islands, the Commonwealth of the 
        Northern Mariana Islands, the Commonwealth of Puerto Rico, the 
        Republic of Palau, and the United States Virgin Islands.
            ``(2) The term `alternative certification or licensure 
        requirements' means State or local teacher certification or 
        licensure requirements that permit a demonstrated competence in 
        appropriate subject areas gained in careers outside of 
        education to be substituted for traditional teacher training 
        course work.''.
    (2) The table of sections at the beginning of chapter 58 of such 
title is amended by striking the item relating to section 1151 and 
inserting the following new item:

``1151. Assistance to certain separated or retired members to obtain 
                            certification and employment as 
                            teachers.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 1999.
    (c) Transfer of Jurisdiction over Current Program.--(1) The 
Secretary of Defense, Secretary of Transportation, and Secretary of 
Education shall provide for the transfer to the Secretary of Education 
of any on-going functions and responsibilities of the Secretary of 
Defense and the Secretary of Transportation with respect the program 
authorized by section 1151 of title 10, United States Code, for the 
period beginning on October 23, 1992, and ending on September 30, 1999.
    (2) The Secretaries shall complete the transfer under paragraph (1) 
not later than October 1, 1999.
    (d) Reports.--(1) Not later than March 31, 2002, the Secretary of 
Education and the Comptroller General shall each submit to Congress a 
report on the effectiveness of the program authorized by section 1151 
of title 10, United States Code (as amended by subsection (a)), in the 
recruitment and retention of qualified personnel by local educational 
agencies identified under subsection (b)(1) of such section 1151 (as so 
amended).
    (2) The report under paragraph (1) shall include information on the 
following:
            (A) The number of participants in the program.
            (B) The schools in which such participants are employed.
            (C) The grade levels at which such participants teach.
            (D) The subject matters taught by such participants.
            (E) The effectiveness of the teaching of such participants, 
        as indicated by any relevant test scores of the students of 
        such participants.
            (F) The extent of any academic improvement in the schools 
        in which such participants teach by reason of their teaching.
            (G) The rates of retention of such participants by the 
        local educational agencies employing such participants.
            (H) The effect of any stipends or bonuses under subsection 
        (g) of such section 1151 (as so amended) in enhancing 
        participation in the program or in enhancing recruitment or 
        retention of participants in the program by the local 
        educational agencies employing such participants.
            (I) Such other matters as the Secretary of Education or the 
        Comptroller General, as the case may be, considers appropriate.
    (3) The report of the Comptroller General and the Secretary of 
Education under paragraph (1) shall also include any recommendations of 
the Comptroller General as to means of improving the program, including 
means of enhancing the recruitment and retention of participants in the 
program.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Education $25,000,000 for each of 
fiscal years 2000 through 2004 for purposes of carrying out the program 
authorized by section 1151 of title 10, United States Code (as amended 
by subsection (a)).
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