II 111th CONGRESS 1st Session S. 2769 IN THE SENATE OF THE UNITED STATES November 10, 2009 Ms. Klobuchar (for herself, Mr. Johanns, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for the use of entitlement under Post-9/11 Educational Assistance for the pursuit of apprenticeships and on-job training, and for other purposes.

1.

Short title

This Act may be cited as the Post-9/11 Veterans' Job Training Act of 2009.

2.

Use of entitlement under Post-9/11 Educational Assistance for apprenticeships and on-job training

(a)

Entitlement

(1)

In general

Subchapter II of chapter 33 of title 38, United States Code, is amended by inserting after section 3319 the following new section:

3319A.

Apprenticeships and on-job training

(a)

Monthly benefit

Except as provided in subsections (b) and (c), the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is— (1)for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter; (2)for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly benefit payment; and (3)for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment. (b)

Reduction

In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. (c)

Housing allowance

An individual receiving a monthly benefit pursuant to this section shall receive a monthly housing stipend amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which the individual resides. (d)

Charge to entitlement

For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— (1)75 percent of a month in the case of payments made in accordance with subsection (a)(1); (2)55 percent of a month in the case of payments made in accordance with subsection (a)(2); and (3)35 percent of a month in the case of payments made in accordance with subsection (a)(3). (e)

Reduced charge to entitlement

For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under subsection (d) shall be reduced in the same proportion as the monthly benefit payment payable is reduced under subsection (b).

. (2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3319 the following new item: 3319A. Apprenticeships and on-job training. . (b)

Conforming amendments

Section 3313 of such title is amended— (1)in subsection (a), by inserting or section 3319A of this title after subsections (e) and (f); and (2)by amending subsection (b) to read as follows: (b)

Approved programs of education

A program of education is an approved program of education for purposes of this chapter if the program of education— (1)is— (A)offered by an institution of higher learning (as that term is defined in section 3452(f) of this title); and (B)approved for purposes of chapter 30 of this title (including approval by the State approving agency concerned); or (2)in the case of an individual who is not serving on active duty, includes a program of apprenticeship or of other on-job training approved as provided in paragraph (1) or (2), as appropriate, of section 3687(a) of this title. . (c)

Technical correction

Section 3002(3)(C) of such title is amended by striking clause and inserting paragraph. (d)

Effective date

The amendments made by this section shall take effect as if included in the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110–252).