[Pages S7240-S7241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3226. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 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 F of title V of division A, add the 
     following:

     SEC. 561. TROOPS-TO-TEACHERS PROGRAM ENHANCEMENTS.

       (a) Transfer of Functions.--
       (1) Transfer.--The responsibility and authority for 
     operation and administration of 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. 
     6671 et seq.) is transferred from the Secretary of Education 
     to the Secretary of Defense.
       (2) Memorandum of agreement.--In connection with the 
     transfer of responsibility and authority for operation and 
     administration of the Troops-to-Teachers Program from the 
     Secretary of Education to the Secretary of Defense under 
     paragraph (1), the Secretaries shall enter into a memorandum 
     of agreement pursuant to which the Secretary of Education 
     will undertake the following:
       (A) Disseminate information about the Troops-to-Teachers 
     Program to eligible schools (as defined in section 2301(3) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671(3)), as added by subsection (b)(2)).
       (B) Advise the Department of Defense on how to prepare 
     eligible members of the Armed Forces described in section 
     2303(a) of such Act to become participants in the Program to 
     meet the requirements necessary to become a teacher in an 
     eligible school.
       (C) Advise the Department of Defense on how to identify 
     teacher preparation programs for participants in the Program.
       (D) Inform the Department of Defense of academic subject 
     areas with critical teacher shortages.
       (E) Identify geographic areas with critical teacher 
     shortages, especially in high-need schools (as defined in 
     section 2301(4) of such Act, as added by subsection (b)(2)).
       (3) Effective date.--The transfer of responsibility and 
     authority for operation and administration of the Troops-to-
     Teachers 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) Definitions.--Section 2301 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6671) is amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (5) through (8), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Charter school.--The term `charter school' has the 
     meaning given that term in section 5210.

[[Page S7241]]

       ``(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; or
       ``(B) a Bureau-funded school as defined in section 1141 of 
     the Education Amendments of 1978 (25 U.S.C. 2021).
       ``(4) High-need school.--Except for purposes of section 
     2304(d), 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 6211(b).''.
       (c) Program Authorization.--Section 2302 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6672(b)) is 
     amended by striking subsections (b) through (e) and inserting 
     the following:
       ``(b) Program Authorized.--The Secretary may carry out a 
     program (to be known as the `Troops-to-Teachers Program') to 
     assist eligible members of the Armed Forces described in 
     section 2303(a) to obtain certification or licensing as 
     elementary school teachers, secondary school teachers, or 
     vocational or technical teachers to meet the requirements 
     necessary to become a teacher in an eligible school.
       ``(c) Authority for Program.--In accordance with section 
     561(a) of division A of the National Defense Authorization 
     Act for Fiscal Year 2013, the Secretary of Defense shall have 
     the responsibility and authority for operation and 
     administration of the program under this chapter. All 
     references to the term `Secretary' with respect to the 
     Troops-to-Teachers Program under this chapter shall be deemed 
     to refer to the Secretary of Defense, notwithstanding section 
     9101(39), except as provided in section 2301(8) or as 
     otherwise specified.''.
       (d) Years of Service Requirements.--Section 
     2303(a)(2)(A)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6673(a)(2)(A)(i)) is amended by 
     striking ``6 or more years'' and inserting ``4 or more 
     years''.
       (e) Participation Agreement.--
       (1) Amendment.--Section 2304 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6674) is amended--
       (A) by striking paragraph (1) of subsection (a) and 
     inserting the following:
       ``(1) In general.--An eligible member of the Armed Forces 
     selected to participate in the Program under section 2303 and 
     to receive financial assistance under this section shall be 
     required to enter into an agreement with the Secretary in 
     which the member agrees--
       ``(A) within such time as the Secretary may require, to 
     obtain certification or licensing as an elementary school 
     teacher, secondary school teacher, or vocational or technical 
     teacher to meet the requirements necessary to become a 
     teacher in an eligible school; and
       ``(B) to accept an offer of full-time employment as an 
     elementary school teacher, secondary school teacher, or 
     vocational or technical teacher for not less than 3 school 
     years in an eligible school, to begin the school year after 
     obtaining that certification or licensing.''; and
       (B) by striking subsection (f) and inserting the following:
       ``(f) Reimbursement Under Certain Circumstances.--A 
     participant who is paid a stipend or bonus shall be subject 
     to the repayment provisions of section 373 of title 37, 
     United States Code under the following circumstances:
       ``(1) Failure to obtain qualifications or employment.--The 
     participant fails to obtain teacher certification or 
     licensing or to meet the requirements necessary to become a 
     teacher in an eligible school or to obtain employment as an 
     elementary school teacher, secondary school teacher, or 
     vocational or technical teacher as required by the 
     participation agreement.
       ``(2) Termination of employment.--The participant 
     voluntarily leaves, or is terminated for cause from, 
     employment as an elementary school teacher, secondary school 
     teacher, or vocational or technical teacher during the 3 
     years of required service in violation of the participation 
     agreement.
       ``(3) Failure to complete service under reserve commitment 
     agreement.--The participant executed a written agreement with 
     the Secretary concerned under section 2303(e)(2) 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.''.
       (f) Effective Date.--The amendments made by subsections (b) 
     through (e) shall take effect beginning on the date upon 
     which the transfer of authority and responsibility for 
     operation and administration of the Troops-to-Teachers 
     Program takes effect, in accordance with subsection (a)(3).
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