S.Amdt. 2389

SA 2389. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 4049, to authorize appropriations
for fiscal year 2021 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 follows:

At the end of subtitle E of title V, add the following:

SEC. __. TRANSFERRING AND EXPANDING THE TROOPS-TO-TEACHERS
PROGRAM TO BECOME THE TROOPS-TO-SUPPORT-
EDUCATION PROGRAM.

(a) Transfer of Functions.--
(1) Transfer.--The responsibility and authority for
operation and administration of the program under section
1154 of title 10, United States Code, is transferred from the
Secretary of Defense to the Secretary of Education.
(2) Memorandum of agreement.--In connection with the
transfer of responsibility and authority for operation and
administration of the Troops-to-Support-Education Program (as
redesignated by this section) from the Secretary of Defense
to the Secretary of Education under paragraph (1), the
Secretaries shall enter into a memorandum of agreement
describing the duties of each Secretary to support the
program, including how the Secretaries will effectuate the
reimbursement provisions under section 2251(f) of the
Elementary and Secondary Education Act of 1965.
(3) Effective date.--The transfer of responsibility and
authority for operation and administration of the Troops-to-
Support-Education Program under paragraph (1) shall take
effect--
(A) on the first day of the first month beginning more than
90 days after the date of the enactment of this Act; or
(B) on such earlier date as the Secretary of Education and
the Secretary of Defense may jointly provide.
(b) Transfer, Redesignation, and Expansion of Program.--
(1) In general.--Title II of the Elementary and Secondary
Education Act of 1965 (29 U.S.C. 6601 et seq.) is amended--
(A) in section 2003(b) (20 U.S.C. 6603(b)), by inserting
``(except for subpart 5)'' after ``part B''; and
(B) in part B, by adding at the end the following:

``Subpart 5--Troops-to-Support-Education Program

``SEC. 2251. ASSISTANCE TO ELIGIBLE MEMBERS AND FORMER
MEMBERS TO OBTAIN EMPLOYMENT IN SCHOOLS:
TROOPS-TO-SUPPORT-EDUCATION PROGRAM.

``(a) Definitions.--In this section:
``(1) Armed forces.--The term `Armed Forces' has the
meaning given the term in section101(a)(4) of title 10,
United States Code.
``(2) Charter school.--The term `charter school' has the
meaning given that term in section 4310.
``(3) Eligible school.--The term `eligible school' means--
``(A) a public school, including a charter school, at
which--
``(i) at least 30 percent of the students enrolled in the
school are from families with incomes below 185 percent of
poverty level (as defined by the Office of Management and
Budget and revised at least annually in accordance with
section 9(b)(1) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(b)(1)) applicable to a family of
the size involved; or
``(ii) at least 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.); or
``(B) a Bureau-funded school as defined in section 1141(3)
of the Education Amendments of 1978 (25 U.S.C. 2021(3)).
``(4) 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 and reduced-priced lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the number of children in families receiving assistance under
the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), 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 comparable data from feeder
schools; or
``(C) a school that is in a local educational agency that
is eligible under section 5211(b).
``(5) Member of the armed forces.--The term `member of the
Armed Forces' includes a retired or former member of the
Armed Forces.
``(6) Participant.--The term `participant' means an
eligible member of the Armed Forces selected to participate
in the Program.

[[Page S4148]]

``(7) Program.--The term `Program' means the Troops-to-
Support-Education Program authorized by this section.
``(8) Qualifying position.--
``(A) In general.--Except as provided in subparagraph (B),
the term `qualifying position' means any full-time position
in an eligible school, including a position as--
``(i) a teacher, including an elementary school teacher, a
secondary school teacher, or a career or technical education
teacher;
``(ii) a school resource officer;
``(iii) a school leader;
``(iv) specialized instructional support personnel;
``(v) a paraprofessional; or
``(vi) other staff.
``(B) Exclusions.--The term `qualifying position' does not
include a position that is--
``(i) performed primarily at a location outside the grounds
of an eligible school; or
``(ii) held by an individual who is employed by a
contractor.
``(9) School resource officer.--The term `school resource
officer' has the meaning given that term in section 1709(4)
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10389(4)).
``(10) Secretary.--The term `Secretary' means the Secretary
of Education.
``(b) Program Authorization.--The Secretary may carry out a
Troops-to-Support-Education Program--
``(1) to assist eligible members of the Armed Forces
described in subsection (d) to meet the requirements
necessary to obtain a qualifying position in a school
described in paragraph (2); and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or charter schools that
the Secretary identifies as--
``(i) receiving grants under part A of title I as a result
of having within their jurisdictions concentrations of
children from low-income families;
``(ii) experiencing a shortage of teachers, in particular a
shortage of science, mathematics, special education, foreign
language, or career or technical teachers; or
``(iii) experiencing a shortage of personnel to fill
qualifying positions; and
``(B) in elementary schools or secondary schools, or as
career or technical 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 eligibility criteria
described in subsection (d), including the education
qualification requirements under paragraph (3)(B) of such
subsection.
``(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 title 10, or title 14, of the
United States Code;
``(ii) has an approved date of retirement that is within
one 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 title 10, United States Code, 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 title 10,. United States Code.
``(2) Submission of applications.--
``(A) In general.--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) Special rule.--In the case of an eligible member of
the Armed Forces described in subparagraph (A)(i), (A)(iii),
(B), or (C) of paragraph (1), an application shall be
considered to be submitted on a timely basis if the
application is submitted not later than 3 years after the
date on which the member is retired, transferred to the
Retired Reserve, or separated or released from active duty,
whichever applies to the member.
``(3) Selection criteria; educational background
requirements; honorable service requirement.--
``(A) In general.--The Secretary shall prescribe the
criteria to be used to select eligible members of the Armed
Forces to participate in the Program.
``(B) Placement as elementary or secondary school
teacher.--If a member of the Armed Forces is applying for the
Program to receive 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 institution of higher education.
``(C) Placement as career or technical teacher.--If a
member of the Armed Forces is applying for the Program to
receive assistance for placement as a career or technical
teacher, the Secretary shall require the member--
``(i) to have received the equivalent of 1 year of
postsecondary education from an 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 or technical teacher in the State
in which the member seeks assistance for placement under the
Program.
``(D) Professional credentials.--If a member of the Armed
Forces is applying for the Program to receive assistance for
placement in a qualifying position other than a position as a
teacher described in subparagraph (B) or (C), the Secretary
shall require the member to obtain the professional
credentials that are required by the State for the position
involved.
``(E) Honorable service.--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, the transfer of the member to the Retired Reserve, or
the separation or release of the member from active duty may
continue to participate in the Program after the retirement,
transfer, 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
or technical 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) Appropriations required.--Subject to subsection (i),
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) Written agreement required.--The Secretary may not
select an eligible member of the Armed Forces described in
paragraph (1)(B)(i) to participate in the Program 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) In general.--An eligible member of the Armed Forces
selected to participate in the Program under subsection (b)
and to 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
meet the requirements necessary to obtain a qualifying
position in a school described in subsection (b)(2); and
``(ii) to accept an offer of full-time employment in a
qualifying position for not less than 3 school years in an
eligible school to begin the school year after the member
obtains the professional credentials required for the
position involved.
``(B) Waiver.--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 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 unable to find full-time employment in a
qualifying position for a single period not to exceed 27
months; or

[[Page S4149]]

``(F) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the Secretary.
``(3) Stipend and bonus for participants.--
``(A) Stipend available.--Subject to subparagraph (C), the
Secretary may pay to a participant a stipend to cover
expenses incurred by the participant to obtain the required
educational level, certification, licensing, or other
professional credentials. Such stipend may not exceed $5,000
and may vary by participant.
``(B) Bonus available.--
``(i) In general.--Subject to subparagraph (C), the
Secretary may pay a bonus to a participant who agrees in the
participation agreement under paragraph (1) to accept full-
time employment in a qualifying position for not less than 3
school years in an eligible school.
``(ii) Amount of bonus.--The amount of the bonus may not
exceed $5,000, unless the eligible school is a high-need
school, in which case the amount of the bonus may not exceed
$10,000. Within such limits, the bonus may vary by
participant and may take into account the priority placements
as determined by the Secretary.
``(C) Additional requirements.--
``(i) Total number of stipends.--The total number of
stipends that may be paid under subparagraph (A) in any
fiscal year may not exceed 7,500.
``(ii) Total number of bonuses.--The total number of
bonuses that may be paid under subparagraph (B) in any fiscal
year may not exceed 4,500.
``(iii) Exception.--A participant may not receive a stipend
under subparagraph (A) if the participant is eligible for
benefits under chapter 33 of title 38, United States Code.
``(iv) Total limitation.--The combination of a stipend
under subparagraph (A) and a bonus under subparagraph (B) 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 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 who is paid a
stipend or bonus under this section shall be subject to the
repayment provisions of section 373 of title 37, United
States Code, under the following circumstances:
``(A) The participant fails to meet the requirements
necessary to obtain a qualifying position in a school
described in subsection (b)(2) or to obtain employment in a
qualifying position as required by the participation
agreement under subsection (e)(1).
``(B) The participant voluntarily leaves, or is terminated
for cause from, employment in a qualifying position 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.
``(3) Interest.--Any amount owed by a participant under
this subsection 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.
``(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.--Except as provided in subsection
(e)(3)(C)(iii), the receipt by a participant 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 title
10, United States Code.
``(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) Grants authorized.--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 qualifying positions.
``(B) Grant limit.--The total amount of grants made under
subparagraph (A) in any fiscal year may not exceed
$5,000,000.
``(i) Public-Private Partnerships.--
``(1) In general.--The Secretary may enter into one or more
partnerships with nonprofit entities, including veterans
service organizations, to assist with the placement of
participants in eligible schools in accordance with this
section.
``(2) Nonprofit entity defined.--In this subsection, the
term `nonprofit entity' means an entity qualifying as an
exempt organization under section 501(c)(3) of the Internal
Revenue Code of 1986.
``(j) Limitation on Total Fiscal-year Obligations.--The
total amount obligated by the Secretary under the Program for
any fiscal year may not exceed $20,000,000.
``(k) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$20,000,000 for each of fiscal years 2021 through 2023.''.
(2) Conforming amendments.--
(A) Table of contents.--The table of contents of the
Elementary and Secondary Education Act of 1965 is amended by
inserting after the item relating to section 2245 the
following:

subpart 5--troops-to-support-education program

Sec. 2251. Assistance to eligible members and former members to obtain
employment in schools: Troops-to-Support-Education
Program.
(c) References.--Any reference in Federal law (other than
this Act), regulations, guidance, instructions, or other
documents of the Federal Government to the Troops-to-Teachers
Program shall be deemed to be a reference to the Troops-to-
Support-Education Program.
(d) Termination of Department of Defense Troops-to-Teachers
Program.--
(1) Termination.--Subject to paragraph (3), section 1154 of
title 10, United States Code, is repealed.
(2) Conforming and clerical amendments.--
(A) Conforming amendment.--Chapter 58 of title 10, United
States Code, is amended by redesignating section 1155 as
section 1154.
(B) Clerical amendments.--The table of sections at the
beginning of chapter 58 of title 10, United States Code, is
amended--
(i) by striking the item relating to section 1154; and
(ii) by redesignating the item relating to section 1155 as
the item relating to section 1154.
(3) Existing agreements.--The repeal of section 1154 of
title 10, United States Code, by paragraph (1) shall not
affect--
(A) the validity or terms of any agreement entered into
under such section, as in effect immediately before such
repeal, before the effective date of the transfer of the
program under subsection (a); or
(B) the authority to pay assistance, make grants, or obtain
reimbursement in connection with such an agreement as in
effect before the effective date of the transfer of such
program under subsection (a).
______