[Congressional Record Volume 140, Number 103 (Monday, August 1, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 1, 1994]


 
              VETERANS' EDUCATION AND TRAINING ACT OF 1994

  Mr. MONTGOMERY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4768) to amend title 38, United States Code, to make changes 
in veterans' education programs, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4768

       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 ``Veterans' Education and 
     Training Act of 1994''.

     SEC. 2. FLIGHT TRAINING.

       (a) Active Duty Program.--Section 3034(d) of title 38, 
     United States Code, is amended--
       (1) by striking out paragraph (2);
       (2) by striking out ``(d)(1)'' and inserting in lieu 
     thereof ``(d)''; and
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively.
       (b) Post-Vietnam Era.--Section 3241(b) of such title is 
     amended--
       (1) by striking out paragraph (2);
       (2) by striking out ``(b)(1)'' and inserting in lieu 
     thereof ``(b)''; and
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively.
       (c) Reserve Program.--Section 2136(c) of title 10, United 
     States Code, is amended--
       (1) by striking out paragraph (2);
       (2) by striking out ``(c)(1)'' and inserting in lieu 
     thereof ``(c)''; and
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively.

     SEC. 3. TRAINING AND REHABILITATION FOR VETERANS WITH 
                   SERVICE-CONNECTED DISABILITIES.

       (a) Rehabilitation Resources.--Section 3115 of title 38, 
     United States Code, is amended--
       (1) in subsection (a)(1), by striking ``assistance,'' and 
     inserting in lieu thereof ``assistance or any federally 
     recognized Indian tribe,'';
       (2) in subsection (a)(4), by inserting ``any federally 
     recognized Indian tribe,'' after ``contributions,''; and
       (3) by adding at the end the following:
       ``(c) As used in this section, the term `federally 
     recognized Indian tribe' means any Indian tribe, band, 
     nation, pueblo, or other organized group or community, 
     including any Alaska Native village or regional corporation 
     as defined in or established pursuant to the Alaska Native 
     Claims Settlement Act, which is recognized as eligible for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.''.
       (b) Allowances.--Section 3108(c)(2) of such title is 
     amended by inserting ``or federally recognized Indian tribe'' 
     after ``local government agency''.
       (c) Technical Correction.--(1) Section 404(b) of the 
     Veterans' Benefits Act of 1992 (106 Stat. 4338) is amended by 
     striking out the period at the end thereof and inserting in 
     lieu thereof ``, but shall not apply to veterans and other 
     persons who originally applied for assistance under chapter 
     31 of title 38, United States Code, before November 1, 
     1990.''.
       (2) The amendment made by paragraph (1) shall take effect 
     as of October 29, 1992.

     SEC. 4. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS.

       (a) In General.--Section 3452(c) of title 38, United States 
     Code, is amended by adding at the end the following: ``For 
     the period ending on September 30, 1996, such term includes 
     entities that provide training required for completion of any 
     State-approved alternative teacher certification program (as 
     determined by the Secretary).''.
       (b) Clarifying Amendment.--Section 3002 of title 38, United 
     States Code, is amended by adding at the end thereof the 
     following:
       ``(8) The term `educational institution' has the meaning 
     given such term in section 3452(c) of this title.''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective on the date of enactment of this Act.

     SEC. 5. EDUCATION OUTSIDE THE UNITED STATES.

       (a) In General.--The first sentence of section 3476 of 
     title 38, United States Code, is amended to read as follows: 
     ``An eligible veteran may not enroll in any course offered by 
     an educational institution not located in a State unless that 
     educational institution is an approved institution of higher 
     learning and the course is approved by the Secretary.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to courses approved on or after the 
     date of the enactment of this Act.

     SEC. 6. CORRESPONDENCE COURSES.

       (a) Approval of Programs of Education.--(1) Section 3672 of 
     title 38, United States Code, is amended by adding at the end 
     the following:
       ``(e) A program of education exclusively by correspondence, 
     and the correspondence portion of a combination 
     correspondence-residence course leading to a vocational 
     objective, that is offered by an educational institution (as 
     defined in section 3452(c) of this title) may be approved 
     only if (1) the educational institution is accredited by an 
     agency recognized by the Secretary of Education, and (2) at 
     least 50 percent of those pursuing such a program or course 
     require six months or more to complete the program or 
     course.''.
       (2)(A) Section 3675(a)(2)(B) of such title is amended by 
     striking out ``A State'' and inserting in lieu thereof 
     ``Except as provided in section 3672(e), a State''.
       (B) Section 3680(a) of such title is amended--
       (i) by striking out ``; or'' at the end of paragraph (3) 
     and inserting in lieu thereof a period; and
       (ii) by striking out paragraph (4).
       (C) Section 3686(c) of such title is amended by striking 
     out ``(other than one subject to the provisions of section 
     3676 of this title)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to programs of education exclusively 
     by correspondence and to correspondence-residence courses 
     commencing after 90 days after the date of the enactment of 
     this Act.

     SEC. 7. STATE APPROVING AGENCIES.

       (a) Reimbursement.--(1) Section 3674(a)(4) of title 38, 
     United States Code, is amended by striking out 
     ``$12,000,000'' each place it appears and inserting in lieu 
     thereof ``$13,000,000''.
       (2) The amendment made by subsection (a) shall apply with 
     respect to services provided under such section after 
     September 30, 1994.
       (b) Elimination of Report to Congress Requirement.--Section 
     3674(a)(3) of such title is amended--
       (1) by striking out subparagraph (B); and
       (2) by striking out ``(3)(A)'' and inserting in lieu 
     thereof ``(3)''.
       (c) Evaluation of Agency Performance.--Section 3674A(a) of 
     such title is amended by striking out paragraph (3) and 
     redesignating paragraphs (4) and (5) as paragraphs (3) and 
     (4), respectively.

     SEC. 8. MEASUREMENT OF COURSES.

       Section 3688(b) of title 38, United States Code, is 
     amended--
       (1) by striking out ``this chapter or'' and inserting in 
     lieu thereof ``this chapter,''; and
       (2) by inserting before the period at the end thereof the 
     following: ``, or chapter 106 of title 10''.

     SEC. 9. VETERANS' ADVISORY COMMITTEE ON EDUCATION.

       Section 3692 of title 38, United States Code, is amended--
       (1) in subsections (a) and (b)--
       (A) by striking out ``34,'' both places it appears; and
       (B) by striking out ``title.'' and inserting in lieu 
     thereof ``title and chapter 106 of title 10.'' both places it 
     appears; and
       (2) in subsection (c), by striking out ``1994'' and 
     inserting in lieu thereof ``2003''.

     SEC. 10. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING.

       (a) Payment Limitation.--Section 3697(b) of title 38, 
     United States Code, is amended by striking out ``$5,000,000'' 
     and inserting in lieu thereof ``$6,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1994.

     SEC. 11. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING 
                   ACT OF 1992

       (a) Period of Training.--(1) Section 4485(d) of the Service 
     Members Occupational Conversion and Training Act of 1992 (106 
     Stat. 2759; 10 U.S.C. 1143 note) is amended by striking out 
     ``or more than 18 months''.
       (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 
     U.S.C. 1143 note) is amended by striking out the period at 
     the end thereof and inserting in lieu thereof the following: 
     ``in the community for the entire period of training of the 
     eligible person.''.
       (B) The amendment made by subparagraph (A) shall apply with 
     respect to programs of training under the Service Members 
     Occupational Conversion and Training Act of 1992 beginning 
     after the date of enactment of this Act.
       (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 
     U.S.C. 1143 note) is amended--
       (1) in subsection (a)(1)--
       (A) by striking out ``subparagraph (B)'' in subparagraph 
     (A) and inserting in lieu thereof ``subparagraphs (B) and 
     (C)'';
       (B) by inserting before the period at the end of 
     subparagraph (A) the following: ``but in no event to exceed 
     18 months (or the equivalent training hours)''; and
       (C) by adding at the end thereof the following new 
     subparagraph:
       ``(C) Assistance may be paid under this subtitle on behalf 
     of an eligible person to that person's employer for training 
     under two or more programs of job training under this 
     subtitle if such employer has not received (or is not due) on 
     that person's behalf assistance in an amount aggregating the 
     applicable amount set forth in subparagraph (B).''; and
       (2) in subsection (b)(3), by inserting before the period at 
     the end thereof ``, or upon the completion of the 18th month 
     of training under the last training program approved for the 
     person's pursuit with that employer under this subtitle, 
     whichever is earlier''.
       (c) Entry Into Program of Job Training.--Section 4488(a) of 
     such Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by 
     striking out the third sentence thereof and inserting in lieu 
     thereof ``The eligible person may begin such program of job 
     training with the employer on the day that notice is 
     transmitted to such official by means prescribed by such 
     official. However, assistance under this subtitle may not be 
     provided to the employer if such official, within two weeks 
     after the date on which such notice is transmitted, 
     disapproves the eligible person's entry into that program of 
     job training in accordance with this section.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi [Mr. Montgomery] will be recognized for 20 minutes, and the 
gentleman from Arizona [Mr. Stump] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Mississippi [Mr. Montgomery].


                             general leave

  Mr. MONTGOMERY. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks, and 
include extraneous material, on the bill, H.R. 4768, and on the next 
two veterans bills, H.R. 4776 and H.R. 4724, on the schedule.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. MONTGOMERY. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. MONTGOMERY asked and was given permission to revise and extend 
his remarks.)
  Mr. MONTGOMERY. Mr. Speaker, before I explain the major provisions of 
the bill, I want to thank the ranking minority member of my 
Subcommittee on Education, Training and Employment, the gentleman from 
Arkansas [Mr. Hutchinson], for his help and cooperation on this bill 
and the next veterans bill on the schedule.
  I also want to thank the ranking minority member of the committee, 
Mr. Stump, for his cooperation on all of the veterans bills we will 
consider today.
  Mr. Speaker, H.R. 4768 would make permanent the flight training 
program which was originally established as a 5-year pilot program and 
is due to expire on October 1.
  The bill would authorize a 2-year pilot program for State-approved, 
alternative teacher certification.
  The State of Texas is a leader in utilizing alternative teacher 
certification programs that are helpful to former servicemembers 
entering the teaching profession. The bill would give VA authority to 
approve these programs for GI bill benefits.
  I want to thank our colleague, Frank Tejeda, for working with us on 
this part of the bill. It was his idea.
  The bill would extend the expiration date of the Veterans' Advisory 
Committee on Education to the year 2003; and it would increase the 
level of funding available for veterans' educational and vocational 
counseling services provided by contract from $5 to $6 million.
  Thousands of veterans who request counseling are being turned away 
because of inadequate funds. Although we would like to provide a larger 
increase, this additional funding will be very helpful.
  Mr. Speaker, I want to thank my good friend, the gentleman from 
California [Mr. Dellums], chairman of the Armed Services Committee, and 
Mr. Spence of South Carolina, the ranking minority member of that 
committee, for their cooperation on the title 10 provisions of the 
bill.
  Mr. Speaker, I urge my colleagues to support this important measure.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Mr. Speaker, I want to comment the gentleman from 
Mississippi [Mr. Montgomery], chairman of the full Veterans' Affairs 
Committee and also the Subcommittee on Education, Training and 
Employment, as well as the gentleman from Arkansas [Mr. Hutchinson], 
the ranking minority member of the subcommittee. They have worked 
together very effectively in developing this bipartisan legislation and 
in bringing it through the committee and to the House.
  Mr. Speaker, I urge my colleagues to act favorably on H.R. 4768.
  Mr. Speaker, I would like to highlight two of the provisions of H.R. 
4768.
  This bill would authorize the first increase in funding for State 
approving agencies [SAA's] since 1989. After holding the line for 5 
years, an increase from $12 to $13 million seems entirely reasonable, 
especially in light of the increased SAA workload in reviewing and 
approving courses offered by educational institutions for enrollment by 
veterans using their GI bill education benefits.
  Also, this bill would authorize a greatly needed increase in funding 
for VA contract educational and vocational counseling. Funding, now 
capped at $5 million, would be raised to $6 million. The military 
drawdown is overwhelming the VA's ability to provide essential 
educational and vocational counseling needed to help disabled veterans 
get schooling and special job training and then return to work. An 
expanded contracting ability will help keep the VA from falling further 
behind and hopefully, the VA can begin to close the gap between demand 
and available services.
  Finally, Mr. Speaker, I wish to note that the Veterans' Affairs 
Committee has a history of fiscal responsibility and does not propose 
legislation for which there is no money or which violates the Budget 
Act. The $4 million cost of H.R. 4768 will be more than covered by 
savings in H.R. 4386, the Veterans' Persian Gulf War Benefits Act of 
1994, which I expect will be considered by the House before the recess 
later this month.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Arkansas [Mr. Hutchinson].
  Mr. HUTCHINSON. Mr. Speaker, I rise today to join my colleague, the 
gentleman from Kansas [Mr. Slattery] in support of H.R. 4768, the 
Education and Training Act of 1994.
  I am particularly pleased to note that the bill contains increased 
authorization both for the maximum amount made available to State 
approving agencies as well as for the level of funding made available 
for veterans' educational and vocational counseling services. These 
services have been crucial in enabling our country to deal effectively 
with the downsizing of our Armed Forces. H.R. 4768 also helps to 
provide our newly separated servicemembers with the necessary job 
training to enable our veterans to attain high quality civilian jobs 
through extended training periods.
  I would also like to quickly point out that the costs incurred by 
this bill will be more than met with savings from H.R. 4386, the 
Persian Gulf War Veterans' Benefits Act.
  So, Mr. Speaker, I am very glad to be able to rise in support of this 
legislation and to recognize that these costs incurred are more than 
offset in other veterans legislation.
  Mr. GILMAN. Mr. Speaker, I am honored to rise in support of H.R. 
4768, the Veterans Education and Training Act. I wish to thank my 
distinguished colleague from Mississippi, Mr. Montgomery, for 
introducing this bill. I commend the Committee on Veterans' Affairs and 
the Committee on Armed Services for working together to formulate this 
worthwhile legislation that will positively affect our Nation's 
servicemen and women. Through the skilled leadership of both the 
chairman of the Veterans' Affairs Committee, and the ranking minority 
member, my colleague from Arizona, Mr. Stump, continued attention has 
been shown to addressing the issues that affect our Nation's veterans.
  Mr. Speaker, the Veterans Education and Training Act makes 10 
revisions to several department of veterans [VA] education programs. 
These revisions extend the opportunity for education and training to 
veterans who have served in defending the freedom of our great Nation.
  This legislation increases the maximum amount available to State 
approving agencies, agencies that review and certify educational 
programs for veterans, from $12 to $13 million. This measure is crucial 
in ensuring that our Nation's veterans are provided with the 
opportunity to gain the skills and training that are required to be 
competitive in today's society.
  The Veterans Education and Training Act also requires that wages and 
benefits paid to veterans under the Service Members Occupational and 
Training Program [SMOTCA] are not to be less than benefits paid to 
other employees participating in similar training programs in the 
community. This aspect of the legislation provides veterans with equal 
benefits for equal training.
  This measure is vital. We must assist these veterans who have so 
valiantly served our country. By approving this legislation today, we 
will enable them to obtain the skills and education that are necessary 
for success in today's competitive market.
  The sacrifices that our Nation's veterans have made for our great 
Nation are immeasurable. Accordingly, I urge my colleagues to join me 
in supporting this worthwhile legislation.
  Mr. STUMP. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. MONTGOMERY. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. (Mr. Frank of Massachusetts). The question 
is on the motion offered by the gentleman from Mississippi [Mr. 
Montgomery] that the House suspend the rules and pass the bill, H.R. 
4768, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, and the bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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