[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1716 Introduced in House (IH)]







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 
referred to the Committee on Veterans' Affairs, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 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 educational 
     assistance programs of the Department of Veterans Affairs for 
    apprenticeship or other on-job training, 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; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Veterans Earn and 
Learn Act''.
    (b) Findings.--Congress makes the following findings:
            (1) Educational assistance programs for veterans for 
        apprenticeship and on-job training of the Department of 
        Veterans Affairs assist employers to hire and retain skilled 
        workers.
            (2) These programs establish a link between training 
        afforded to servicemembers while serving in the Armed Forces 
        and training available in civilian settings for purposes of 
        occupational licensing and credentialing.
            (3) These programs develop a more highly educated and 
        productive work force.
    (c) References to Title 38, United States Code.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 38, United States Code.

SEC. 2. MODIFICATION OF BENEFIT ENTITLEMENT CHARGES FOR CERTAIN ON-JOB 
              TRAINING PROGRAMS.

    (a) Veterans' Educational Assistance and Survivors' and Dependents' 
Educational Assistance.--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 nearest 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 assistance 
        allowance payable to the individual for such period 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 allowance 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 educational 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 allowances 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 beginning 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 paragraph:
    ``(4)(A) In the case of an individual who successfully completes a 
full-time program of apprenticeship before entitlement to monthly 
educational assistance allowance payable 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 individual under this 
        subsection for the successful completion of that program, and
            ``(ii) the amount of educational assistance allowance 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 entitlement 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 inserting ``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 entitlement 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 difference between--
            ``(A) the total amount of monthly benefit payments 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 entitlement 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 inserting ``Subject to the 
succeeding provisions''.
    (c) Veterans' Educational Assistance and Survivors' and Dependents' 
Educational Assistance.--Section 3687, as amended by section 2(a), is 
further amended by adding at the end the following new subsection:
    ``(f)(1) In the case of an individual (as defined in subsection 
(e)(3) who successfully completes a full-time program of apprenticeship 
before entitlement to monthly educational 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 individual under subsection 
        (a) for the successful completion of that program, and
            ``(B) the amount of educational assistance allowance 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 individual 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 paragraph:
    ``(4)(A) In the case of an individual who successfully completes a 
full-time program of apprenticeship before entitlement to monthly 
educational assistance allowance payable 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 individual under this 
        subsection for the successful completion of that program, and
            ``(ii) the amount of educational assistance allowance 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 entitlement under this chapter 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 inserting ``Subject to the 
succeeding provisions of this subsection''.
    (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 PURSUING APPRENTICESHIP OR 
              ON-JOB TRAINING AND RELATED POSTSECONDARY CLASSROOM 
              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, 
notwithstanding 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 individual pursuing a program of education on a full-
time basis.
    ``(B)(i) Subject to clause (ii), in the case of an individual 
pursuing a full-time program of apprenticeship 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 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 educational 
assistance allowance payable to the individual under clause (i) exceed 
the amount payable under such section 3015 to an individual pursuing a 
program of education on a full-time basis.
    ``(C)(i) In the case of a monthly educational assistance 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 accordance 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 following 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, 
notwithstanding the preceding provisions of this section, the amount of 
the monthly benefit payment payable to the individual 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 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 apprenticeship 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 preceding 
provisions of this section, the amount of the monthly 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 benefit 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 increase 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 subsection (e) of this 
        section'' and inserting ``(2)(A) Except as provided in 
        subparagraph (B), paragraph (5)(E),''; and
            (B) by adding at the end the following new subparagraph:
    ``(B) The Secretary shall prescribe regulations for appropriately 
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 Survivors' and Dependents' 
Educational Assistance.--Section 3687, as amended by section 3(c), is 
further amended by adding at the end the following new subsection:
    ``(g)(1) In the case of an individual (as defined in subsection 
(e)(3)) pursuing a full-time program of apprenticeship or other on-job 
training who, as a requirement of such program, is enrolled in a course 
of classroom instruction approved under subchapter I, notwithstanding 
the preceding provisions of this section, the amount of the monthly 
training assistance allowance payable to the individual 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 apprenticeship or other on-job 
training, as the case may be, who has voluntarily enrolled in a course 
of classroom instruction approved under subchapter I that is related to 
such program, notwithstanding the preceding provisions of this section, 
the amount of the monthly training assistance allowance 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 3015 of this title, or section 3532(a), as the 
case may be, for an approved program of education pursued on less than 
a full-time basis.
    ``(B) In no case may the amount of the monthly benefit 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 payment under paragraph (2).
    ``(C) Any such charge to the entitlement of the individual 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, 
notwithstanding 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 pursuing a program of education on a full-time basis.
    ``(B)(i) Subject to clause (ii), in the case of an individual 
pursuing a full-time program of apprenticeship 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 
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 educational 
assistance allowance payable to the individual under clause (i) exceed 
the amount payable under subsection (b) to an individual pursuing a 
program of education on a full-time basis.
    ``(C)(i) In the case of a monthly educational assistance 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 accordance 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 APPRENTICESHIP 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 (commonly referred to as a `time-
based program'), based upon the demonstration of successful mastery of 
skills (commonly 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 program, the 
Secretary shall take into consideration the approximate term of the 
program recommended in registered apprenticeship program standards 
recognized by the Secretary 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 program.
    ``(4) The Secretary of Labor shall notify the Secretary upon the 
successful completion of a program of apprenticeship by a veteran, 
eligible veteran, or eligible person, 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 approving 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 successful 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 Department of Veterans Affairs for fiscal 
year 2004 for readjustment benefits, the Secretary of Veterans Affairs 
shall use an amount not to exceed $3,000,000 to modify computer 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 AFFAIRS' CLAIMS ADJUDICATORS.

    Section 3677, as amended by section 5(c), is further amended by 
adding at the end the following new subsection:
    ``(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 (notwithstanding subsection (c)(2)) of up to three 
years in duration to train employees of the Department to become 
qualified adjudicators of claims for compensation, dependency and 
indemnity compensation, and pension.
    ``(2) Amounts of educational assistance, monthly benefit 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 implementation of the 
pilot project, the Secretary shall submit to Congress 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 submitted, the Secretary shall submit 
to Congress a final report on the pilot project. The final report shall 
include recommendations of the Secretary with respect to continuation 
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 RESPECT 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 subsection:
    ``(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 registered apprenticeship pursued 
by the servicemember during 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 organizations to 
give credit to servicemembers for the registered apprenticeship program 
so pursued in the case of any related apprenticeship program the 
servicemember may pursue as a civilian.''.

SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Definition of Training Establishment.--Section 3452(e) is 
amended by striking ``or any State apprenticeship agency, or any State 
board of vocational education, or any joint apprenticeship committee, 
or the Bureau 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 Apprenticeship 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 ``October 
1, 2002'' in subsection (c)(2)(B)(ii) and inserting ``October 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).
                                 <all>