102d CONGRESS
1st Session
H. R. 180
AN ACT
To amend title 38, United States Code, with respect to veterans education
and employment programs, and for other purposes.
HR 180 EH
102d CONGRESS
1st Session
H. R. 180
AN ACT
To amend title 38, United States Code, with respect to veterans education
and 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,

187cc74e9cb5e2c8d605f0e0a38e966e13e54508f6f6e7af9d9998725244b05f

Section 2011(2)(B) of title 38, United States Code, is amended by striking
out `1991' and inserting in lieu thereof `1994'.

8892ed8bf77284603596247958512d3455c7d889b5f9f28f7789f712c26100fc

(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:
`Sec. 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 counseling 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 attainment of such objective; or
`(2) an employment objective that would be likely to provide such individual
with satisfactory employment opportunities in the light of the individual's
personal circumstances.
`(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 conditions other
than 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 conditions 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.
`(d) At such intervals as the Secretary determines necessary, the
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 collecting such information
shall be utilized to the extent the Secretary determines practicable.
`(e) The Secretary shall take appropriate steps (including individual
notification where feasible) to acquaint all individuals described in
subsection (b) of this section with the availability and advantages 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(a)(1) and 1641(a)(1) 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 counseling.'.

2c24e5a471dfe9a9f9708e7867a1e2a37d21144d20e96b1283ff671d1f6c2963

(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(a)(7) of such title is amended--
(A) by inserting `(A)' before `Vocational';
(B) by redesignating clauses (A) and (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 payments
made on or after the date of the enactment of this Act.
(c) AMOUNT OF ALLOWANCE- Section 1508(c)(2) of such title is amended by
inserting `, State, or local government' after `Federal'.

dad1d3ff9f58121ed5853d486937ea928cd1eb7597248c3ed95b20180319b1ae

CHAPTER 32.
Section 1632(b)(1) 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'.

9842e026bfec5a8129b1321c7818ece682ed9cd1ad4f86a0dccae22c375e966a

(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.

d79ab19e311c083603193aac29fe28b93440e0795e088681638a019b4f63c562

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:
`(e)(1) 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 (a)(1) of this section and agrees
that the Secretary shall, in lieu of paying the work-study allowance
payable for such services, as provided in subsection (a) of this section,
deduct the amount of the allowance from the amount which the individual
has been determined to be indebted to the United States by virtue of such
individual'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 indebtedness
arising from a refund penalty imposed under section 2135 of such title).
`(2)(A) Subject to subparagraph (B) of this paragraph, the provisions
of this section (other than those provisions which are determined 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 performance 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 any 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 continue 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.
`(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
subsection.'.
(b) CONFORMING AND TECHNICAL AMENDMENTS- (1) Section 1685(a)(2) 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 subsection (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'.

d63bd3e99924034b246bc756bbb8c70dd31f2aaaa079b9242637ab8d302fb84a

(a) POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE- Section 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 subsection:
`(b)(1) 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 if--
`(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 Administration standards
for such courses and are approved by the Federal 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 (a)(2), by inserting `subsection (f) of this section and'
after `provided in'; and
(2) by adding at the end the following new subsection:
`(f)(1) 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 flying 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 of education consisting
exclusively of flight training until the Secretary has received from that
individual and the institution providing 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 (a)(2) of this section).'.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect
on April 1, 1991.

1a17a3aac26f1fe17d4a513889b050b23d80a12289bf454b557c5525a0c981cb

(a) IN GENERAL- Section 2010 of title 38, United States Code, is amended
to read as follows:
`Sec. 2010. Advisory Committee on Veterans Employment and Training
`(a)(1) There is hereby established within the Department of Labor an
advisory committee to be known as the Advisory Committee on Veterans
Employment and Training.
`(2) The advisory committee shall--
`(A) assess the employment and training needs of veterans;
`(B) determine the extent to which the programs and activities 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.
`(c)(1) The Secretary of Labor shall, within 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 employment program; and
`(B) not more than 6 individuals who are recognized authorities in the
fields of business, employment, training, rehabilitation, 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 Employment and Training.
`(7) The Assistant Secretary of Labor for Employment and Training.
`(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 Employment 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 programs, as determined necessary and
appropriate by the Secretary of Labor.
`(e)(1) 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.
`(3)(A) Members of the advisory committee shall serve without compensation.
`(B) Members of the advisory committee shall be allowed reasonable 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 subchapter 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 Employment and Training Service.
`(f)(1) Not later than July 1 of each year, the advisory committee 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 Secretary of Labor with respect
to the employment 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 (f)(1), 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.'.
(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.'.

0da48c5864d8910fdc68ec6b994067c34a5d9878f4180e71518091c46adf315c

(a) POLICY- Section 2014(a)(1) 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 readjusting to civilian life since
veterans, by virtue of their military service, have lost opportunities to
pursue education and training 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 employment and advancement.'.
(b) IMPLEMENTATION- (1) Section 2014(b)(1) 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; and
`(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.
`(3)(A) 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.
`(B) Except as provided in subparagraph (C) of this paragraph, a veteran
described in paragraph (2)(B) 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 paragraph 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 discharged 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)(1)(A)(ii)(III) of this title or of an involuntary
separation described in section 1418A(a)(1).'.
(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 apply only to
appointments made after the date of the enactment of this Act.

071a704cb0529d995cdc10cb0e5a80ddd48867927ce3d1259b50accc0ab1bc82

(a) TITLE 38 TECHNICAL AMENDMENTS- Title 38, United States Code, is amended
as follows:
(1) Section 1411(a)(3) 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 temporary disability retired list; or'.
(2) Section 1418(b)(4) is amended--
(A) by striking out the comma after `service' and inserting 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(f)(3) is amended by striking out `or (c)' and inserting
in lieu thereof `(c), or (d)(1)'.
(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(a)(1) is amended--
(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(c)(3), 1732(e), and 1733(a)(1) are amended by striking out
`Secretary of Veterans Affairs' and inserting in lieu thereof `Secretary'.
(7) Section 1774(a)(1)(A) is amended by striking out `chapters 106 and 107'
and inserting in lieu thereof `chapter 106'.
(8) Section 2004 is amended--
(A) in subsection (a)(1), by striking out `assignment' each place it appears
in the material preceding subparagraph (A) and inserting in lieu thereof
`appointment';
(B) in subsection (a)(1)(C), by striking out `assignment' and inserting
in lieu thereof `appointment';
(C) in subsection (a)(4), 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),'.
Passed the House of Representatives February 5, 1991.
Attest:
Clerk.
HR 180 EH----2

04c4a12a556350380cea894ccfb17921b045f622b19225f696954538fdad878d

Veterans Education and Employment Programs bill — HR. 180

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