S.Amdt. 1194

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 1194. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follow:

       Strike section 1048 and insert the following:

     SEC. 1048. TROOPS-TO-TEACHERS PROGRAM ENHANCEMENTS.

       (a) Fiscal Year 2012 Administration.--Notwithstanding
     section 2302(c) of the Elementary and Secondary Education Act
     of 1965 (20 U.S.C. 6672(c)), the Secretary of Defense may
     administer the Troops-to-Teachers Program during fiscal year
     2012. Amounts authorized to be appropriated for the
     Department of Defense by this Act shall be available to the
     Secretary of Defense for that purpose.
       (b) Enactment of Program Authority in Title 10, United
     States Code.--
       (1) In general.--Chapter 58 of title 10, United States
     Code, is amended by adding at the end the following new
     section:

[[Page S7765]]

     ``Sec. 1154. Assistance to eligible members and former
       members to obtain employment as teachers: Troops-to-
       Teachers Program

       ``(a) Definitions.--In this section:
       ``(1) Charter school.--The term `charter school' has the
     meaning given that term in section 5210 of the Elementary and
     Secondary Education Act of 1965 (20 U.S.C. 7221i).
       ``(2) High-need school.--The term `high-need school'
     means--
       ``(A) an elementary school or middle school in which at
     least 50 percent of the enrolled students are children from
     low-income families, based on the number of children eligible
     for free or reduced priced lunches under the Richard B.
     Russell National School Lunch Act, the number of children in
     families receiving assistance under the State program funded
     under part A of title IV of the Social Security Act, the
     number of children eligible to receive medical assistance
     under the Medicaid program, or a composite of these
     indicators;
       ``(B) a high school in which at least 40 percent of
     enrolled students are children from low-income families,
     which may be calculated using data comparable to the data
     described in subparagraph (A) from the middle or elementary
     schools that feed into the high school;
       ``(C) a school that is in a local educational agency that
     is eligible under section 6211(b) of the Elementary and
     Secondary Education Act of 1965; or
       ``(D) a school in which not less than 13 percent of the
     students enrolled in the school qualify for assistance under
     part B of the Individuals with Disabilities Education Act (20
     U.S.C. 1411 et seq.).
       ``(3) Member of the armed forces.--The term `member of the
     armed forces' includes a former member of the armed forces.
       ``(4) Program.--The term `Program' means the Troops-to-
     Teachers Program authorized by this section.
       ``(5) Additional terms.--The terms `elementary school',
     `highly qualified', `local educational agency', `secondary
     school', and `State' have the meanings given those terms in
     section 9101 of the Elementary and Secondary Education Act of
     1965 (20 U.S.C. 7801).
       ``(b) Program Authorization.--The Secretary of Defense (in
     this section referred to as the `Secretary') may carry out a
     program (to be known as the `Troops-to-Teachers Program')--
       ``(1) to assist eligible members of the armed forces
     described in subsection (d) to obtain certification or
     licensing as elementary school teachers, secondary school
     teachers, or career and technical education teachers, and to
     become highly qualified teachers; and
       ``(2) to facilitate the employment of such members--
       ``(A) by local educational agencies or charter schools that
     the Secretary of Education identifies as--
       ``(i) receiving grants under part A of 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) experiencing a shortage of highly qualified
     teachers, in particular a shortage of highly qualified
     science, mathematics, special education, foreign language, or
     career and technical education teachers; or
       ``(iii) a Bureau-funded school (as such term is defined in
     section 1141 of the Education Amendments of 1978 (25 U.S.C.
     2021)); and
       ``(B) in elementary schools or secondary schools, or as
     career and technical education teachers.
       ``(c) Counseling and Referral Services.--The Secretary may
     provide counseling and referral services to members of the
     armed forces who do not meet the criteria described in
     subsection (d), including meeting the education qualification
     requirements under subsection (d)(3)(B).
       ``(d) Eligibility and Application Process.--
       ``(1) Eligible members.--The following members of the armed
     forces are eligible for selection to participate in the
     Program:
       ``(A) Any member who--
       ``(i) on or after October 1, 1999, becomes entitled to
     retired or retainer pay under this title or title 14;
       ``(ii) has an approved date of retirement that is within 1
     year after the date on which the member submits an
     application to participate in the Program; or
       ``(iii) has been transferred to the Retired Reserve.
       ``(B) Any member who, on or after January 8, 2002--
       ``(i)(I) is separated or released from active duty after 4
     or more years of continuous active duty immediately before
     the separation or release; or
       ``(II) has completed a total of at least 6 years of active
     duty service, 6 years of service computed under section 12732
     of this title, or 6 years of any combination of such service;
     and
       ``(ii) executes a reserve commitment agreement for a period
     of not less than 3 years under paragraph (5)(B).
       ``(C) Any member who, on or after January 8, 2002, is
     retired or separated for physical disability under chapter 61
     of this title.
       ``(D) Any member who--
       ``(i) applied for the teacher placement program
     administered under section 1151 of title 10, United States
     Code, before the repeal of that section, and satisfied the
     eligibility criteria specified in subsection (c) of such
     section 1151; or
       ``(ii) applied for the Troops to Teachers program under
     chapter A of subpart 1 of part C of title II of the
     Elementary and Secondary Education Act of 1965 (20 U.S.C.
     6673 et seq.) and satisfied the eligibility criteria
     specified in section 2303(a), before the date of enactment of
     this section.
       ``(2) Submission of applications.--(A) Selection of
     eligible members of the armed forces to participate in the
     Program shall be made on the basis of applications submitted
     to the Secretary within the time periods specified in
     subparagraph (B). 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 under subparagraph (A)(i), (B), or (C) of
     paragraph (1) if the application is submitted not later than
     3 years after the date on which the member is retired,
     separated, or released from active duty, whichever applies to
     the member.
       ``(3) Selection criteria; educational background
     requirements and honorable service requirement.--(A) Subject
     to subparagraphs (B) and (C), the Secretary shall prescribe
     the criteria to be used to select eligible members of the
     armed forces to participate in the Program.
       ``(B)(i) If a member of the armed forces is applying for
     assistance for placement as an elementary school or secondary
     school teacher, the Secretary shall require the member to
     have received a baccalaureate or advanced degree from an
     accredited institution of higher education.
       ``(ii) If a member of the armed forces is applying for
     assistance for placement as a career and technical education
     teacher, the Secretary shall require the member--
       ``(I) to have received the equivalent of 1 year of college
     from an accredited institution of higher education or the
     equivalent in military education and training as certified by
     the Department of Defense; or
       ``(II) to otherwise meet the certification or licensing
     requirements for a career and technical education teacher in
     the State in which the member seeks assistance for placement
     under the Program.
       ``(C) A member of the armed forces is eligible to
     participate in the Program only if the member's last period
     of service in the armed forces was honorable, as
     characterized by the Secretary concerned. A member selected
     to participate in the Program before the retirement of the
     member or the separation or release of the member from active
     duty may continue to participate in the Program after the
     retirement, separation, or release only if the member's last
     period of service is characterized as honorable by the
     Secretary concerned.
       ``(4) Selection priorities.--In selecting eligible members
     of the armed forces to receive assistance under the Program,
     the Secretary--
       ``(A) shall give priority to members who--
       ``(i) have educational or military experience in science,
     mathematics, special education, foreign language, or career
     and technical education subjects; and
       ``(ii) agree to seek employment as science, mathematics,
     foreign language, or special education teachers in elementary
     schools or secondary schools or in other schools under the
     jurisdiction of a local educational agency; and
       ``(B) may give priority to members who agree to seek
     employment in a high-need school.
       ``(5) Other conditions on selection.--
       ``(A) The Secretary may not select an eligible member of
     the armed forces to participate in the Program and receive
     financial assistance 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 (e) with respect to the
     member.
       ``(B) The Secretary may not select an eligible member of
     the armed forces described in paragraph (1)(B)(i) to
     participate in the Program under this section and receive
     financial assistance under subsection (e) unless the member
     executes a written agreement to serve as a member of the
     Selected Reserve of a reserve component of the armed forces
     for a period of not less than 3 years.
       ``(e) Participation Agreement and Financial Assistance.--
       ``(1) Participation agreement.--(A) An eligible member of
     the armed forces selected to participate in the Program under
     subsection (b) and receive financial assistance under this
     subsection shall be required to enter into an agreement with
     the Secretary in which the member agrees--
       ``(i) within such time as the Secretary may require, to
     obtain certification or licensing as an elementary school
     teacher, secondary school teacher, or career and technical
     education teacher, and to become a highly qualified teacher;
     and
       ``(ii) to accept an offer of full-time employment, to begin
     the school year after obtaining that certification or
     licensing, as an elementary school teacher, secondary school
     teacher, or career and technical education teacher for not
     less than 3 school years with--
       ``(I) a local educational agency receiving grant funds
     under part A of title I of the Elementary and Secondary
     Education Act of 1965 (20 U.S.C. 6311 et seq.);
       ``(II) a public charter school (as such term is defined in
     section 2102 of the Elementary and Secondary Education Act of
     1965 (20 U.S.C. 6602)) residing in such a local educational
     agency; or

[[Page S7766]]

       ``(III) a Bureau-funded school (as such term is defined in
     section 1141 of the Education Amendments of 1978 (25 U.S.C.
     11 2021)).
       ``(B) The Secretary may waive the 3-year commitment
     described in subparagraph (A)(ii) for a participant if the
     Secretary determines such waiver to be appropriate. If the
     Secretary provides the waiver, the participant shall not be
     considered to be in violation of the agreement and shall not
     be required to provide reimbursement under subsection (f),
     for failure to meet the 3-year commitment.
       ``(2) Violation of participation agreement; exceptions.--A
     participant in the Program shall not be considered to be in
     violation of the participation agreement entered into under
     paragraph (1) during any period in which the participant--
       ``(A) is pursuing a full-time course of study related to
     the field of teaching at an institution of higher education;
       ``(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 3 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 a highly qualified teacher who is seeking and
     unable to find full-time employment as a teacher in an
     elementary school or secondary school or as a career and
     technical education 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.
       ``(3) Stipend and bonus for participants.--(A) Subject to
     subparagraph (C), the Secretary may pay to a participant in
     the Program selected under this section a stipend to cover
     expenses incurred by the participant to obtain the required
     educational level, certification or licensing. Such stipend
     may not exceed $5,000 and may vary by participant.
       ``(B) Subject to subparagraph (C), the Secretary may pay a
     bonus of up to $10,000 to a participant in the Program
     selected under this section who agrees in the participation
     agreement under paragraph (1) to become a highly qualified
     teacher and to accept full-time employment as an elementary
     school teacher, secondary school teacher, or career and
     technical education teacher for not less than 3 school years
     in a high-need school. Such bonus may vary by participant and
     may take into account the priority placements as determined
     by the Secretary.
       ``(C)(i) The total number of stipends that may be paid
     under subparagraph (A) in any fiscal year may not exceed
     5,000.
       ``(ii) The total number of bonuses that may be paid under
     subparagraph (B) in any fiscal year may not exceed 3,000.
       ``(iii) The combination of stipend and bonus for any one
     participant may not exceed $10,000.
       ``(4) Treatment of stipend and bonus.--A stipend or bonus
     paid under this subsection to a participant in the Program
     shall be taken into account in determining the eligibility of
     the participant for Federal student financial assistance
     provided under title IV of the Higher Education Act of 1965
     (20 U.S.C. 1070 et. seq.).
       ``(f) Reimbursement Under Certain Circumstances.--
       ``(1) Reimbursement required.--A participant in the Program
     who is paid a stipend or bonus under this subsection shall be
     required to repay the stipend or bonus under the following
     circumstances:
       ``(A) The participant fails to obtain teacher certification
     or licensing, to become a highly qualified teacher, or to
     obtain employment as an elementary school teacher, secondary
     school teacher, or career and technical education teacher as
     required by the participation agreement under subsection
     (e)(1).
       ``(B) The participant voluntarily leaves, or is terminated
     for cause from, employment as an elementary school teacher,
     secondary school teacher, or career and technical education
     teacher during the 3 years of required service in violation
     of the participation agreement.
       ``(C) The participant executed a written agreement with the
     Secretary concerned under subsection (d)(5)(B) to serve as a
     member of a reserve component of the armed forces for a
     period of 3 years and fails to complete the required term of
     service.
       ``(2) Amount of reimbursement.--A participant required to
     reimburse the Secretary for a stipend or bonus paid to the
     participant under subsection (e) shall pay an amount that
     bears the same ratio to the amount of the stipend or bonus as
     the unserved portion of required service bears to the 3 years
     of required service. Any amount owed by the participant 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 90 days or less and shall accrue from the day
     on which the participant is first notified of the amount due.
       ``(3) Treatment of obligation.--The obligation to reimburse
     the Secretary under this subsection is, for all purposes, a
     debt owing the United States. A discharge in bankruptcy under
     title 11 shall not release a participant from the obligation
     to reimburse the Secretary under this subsection.
       ``(4) Exceptions to reimbursement requirement.--A
     participant shall be excused from reimbursement under this
     subsection if the participant becomes permanently totally
     disabled as established by sworn affidavit of a qualified
     physician. The Secretary may also waive the reimbursement in
     cases of extreme hardship to the participant, as determined
     by the Secretary.
       ``(g) Relationship to Educational Assistance Under
     Montgomery GI Bill.--The receipt by a participant in the
     Program of a stipend or bonus under subsection (e) shall not
     reduce or otherwise affect the entitlement of the participant
     to any benefits under chapter 30 or 33 of title 38 or chapter
     1606 of this title.
       ``(h) Participation by States.--
       ``(1) Discharge of state activities through consortia of
     states.--The Secretary may permit States participating in the
     Program to carry out activities authorized for such States
     under the Program through one or more consortia of such
     States.
       ``(2) Assistance to states.--(A) Subject to subparagraph
     (B), the Secretary may make grants to States participating in
     the Program, 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 of the armed
     forces for participation in the Program and facilitating the
     employment of participants in the Program as elementary
     school teachers, secondary school teachers, and career and
     technical education teachers.
       ``(B) The total amount of grants made under subparagraph
     (A) in any fiscal year may not exceed $5,000,000.''.
       (2) Clerical amendment.--The table of sections at the
     beginning of such chapter is amended by adding at the end the
     following new item:

``1154. Assistance to eligible members and former members to obtain
              employment as teachers: Troops-to-Teachers Program.''.
       (c) Conforming Amendment.--Section 1142(b)(4)(C) of such
     title is amended by striking ``under sections 1152 and 1153
     of this title and the Troops-to-Teachers Program under
     section 2302 of the Elementary and Secondary Education Act of
     1965 (20 U.S.C. 6672)'' and inserting ``under sections 1152,
     1153, and 1154 of this title''.
       (d) Termination of Original Program.--
       (1) Termination.--
       (A) Chapter A of subpart 1 of Part C of title II of the
     Elementary and Secondary Education Act of 1965 (20 U.S.C.
     6671 et seq.) is repealed.
       (B) The table of contents in section 2 of Part I of the
     Elementary and Secondary Education Act 1965 is amended by
     striking the items relating to such chapter.
       (2) Existing agreements.--The repeal of chapter A of
     subpart 1 of Part C of title II of the Elementary and
     Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) by
     paragraph (1)(A) shall not affect the validity or terms of
     any agreement entered into before the date of the enactment
     of this Act under such chapter, or to pay assistance, make
     grants, or obtain reimbursement in connection with such an
     agreement as in effect before such repeal.
       (e) Effective Date.--The amendments made by this section
     shall take effect on the first day of the first month
     beginning more than 180 days after the date on which the
     Secretary of Defense provides the appropriate committees of
     Congress with written notice that the Secretary of Defense
     has elected to administer the program in accordance with
     subsection (a), or on such earlier date as the Secretary of
     Education and the Secretary of Defense may jointly provide.
       (f) Report.--
       (1) In general.--Not later than April 1, 2012, the
     Secretary of Defense and the Secretary of Education shall
     jointly submit to the appropriate committees of Congress a
     report on the Troops-to-Teachers Program. The report shall
     include the following:
       (A) A summary of the funding of the Troops-to-Teachers
     Program since its inception and projected funding of the
     program during the period covered by the future-years defense
     program submitted to Congress during 2011.
       (B) The number of past participants in the Troops-to-
     Teachers Program by year, the number of past participants who
     have fulfilled, and have not fulfilled, their service
     obligation under the program, and the number of waivers of
     such obligations (and the reasons for such waivers).
       (C) A discussion and assessment of the current and
     anticipated effects of recent economic circumstances in the
     United States, and cuts nationwide in State and local
     budgets, on the ability of participants in the Troops-to-
     Teachers Program to obtain teaching positions.
       (D) A discussion of the youth education goals in the
     Troops-to-Teachers Program and the record of the program to
     date in producing teachers in high-need and other eligible
     schools.
       (E) An assessment of the extent to which the Troops-to-
     Teachers Program achieves its purpose as a military
     transition assistance program and, in particular, as
     transition assistance program for members of the Armed Forces
     who are nearing retirement or who are voluntarily or
     involuntarily separating from military service.
       (F) An assessment of the performance of the Troops-to-
     Teachers Program in providing qualified teachers to high-need
     public

[[Page S7767]]

     schools, and reasons for expanding the program to additional
     school districts.
       (G) A discussion and assessment of the advisability of the
     administration of the Troops-to-Teachers Program by the
     Department of Education in consultation with the Department
     of Defense.
       (2) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term
     ``appropriate committees of Congress'' means--
       (i) the Committees on Armed Services and Health, Education,
     Labor, and Pensions of the Senate; and
       (ii) the Committees on Armed Services and Education and the
     Workforce of the House of Representatives.
       (B) Troops-to-teachers program.--The term ``Troops-to-
     Teachers Program'' means the Troops-to-Teachers Program under
     section 1154 of title 10, United States Code (as amended by
     subsection (b)), as authorized prior to the enactment of this
     Act by chapter A of subpart 1 of part C of title II of the
     Elementary and Secondary Education Act of 1965 (20 U.S.C.
     6671 et seq.).
                                 ______