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115th Congress } { Rept. 115-247
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
HARRY W. COLMERY VETERANS EDUCATIONAL ASSISTANCE ACT OF 2017
_______
July 24, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 3218]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3218) to amend title 38, United States Code, to
make certain improvements in the laws administered by the
Secretary of Veterans Affairs, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 17
Background and Need for Legislation.............................. 17
Hearings......................................................... 33
Subcommittee Consideration....................................... 34
Committee Consideration.......................................... 34
Committee Votes.................................................. 35
Committee Correspondence......................................... 36
Committee Oversight Findings..................................... 38
Statement of General Performance Goals and Objectives............ 38
Earmarks and Tax and Tariff Benefits............................. 38
Committee Cost Estimate.......................................... 38
Budget Authority and Congressional Budget Office Estimate........ 38
Federal Mandates Statement....................................... 39
Advisory Committee Statement..................................... 39
Constitutional Authority Statement............................... 39
Applicability to Legislative Branch.............................. 39
Statement on Duplication of Federal Programs..................... 39
Disclosure of Directed Rulemaking................................ 39
Section-by-Section Analysis of the Legislation................... 39
Changes in Existing Law Made by the Bill as Reported............. 54
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Harry W. Colmery
Veterans Educational Assistance Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
Sec. 101. Consideration of certain time spent receiving medical care
from Secretary of Defense as active duty for purposes of eligibility
for Post-9/11 Educational Assistance.
Sec. 102. Educational assistance under Post-9/11 Educational Assistance
Program for members of the Armed Forces awarded the Purple Heart.
Sec. 103. Inclusion of Fry Scholarship recipients and Purple Heart
recipients in Yellow Ribbon G.I. Education Enhancement Program.
Sec. 104. Consolidation of certain eligibility tiers under Post-9/11
Educational Assistance Program of the Department of Veterans Affairs.
Sec. 105. Eligibility for Post-9/11 Educational Assistance for certain
members of reserve components of Armed Forces who lost entitlement to
educational assistance under Reserve Educational Assistance Program.
Sec. 106. Calculation of monthly housing stipend under Post-9/11
Educational Assistance Program based on location of campus where
classes are attended.
Sec. 107. Charge to entitlement for certain licensure and certification
tests and national tests under Department of Veterans Affairs Post-9/11
Educational Assistance Program.
Sec. 108. Restoration of entitlement to educational assistance and
other relief for veterans affected by school closure or disapproval.
Sec. 109. Additional authorized transfer of unused Post-9/11
Educational Assistance benefits to dependents upon death of originally
designated dependent.
Sec. 110. Edith Nourse Rogers STEM Scholarship.
Sec. 111. Honoring the national service of members of the Armed Forces
by elimination of time limitation for use of entitlement.
Sec. 112. Monthly stipend for certain members of the reserve components
of the Armed Forces receiving Post-9/11 Educational Assistance.
Sec. 113. Improvement of information technology of the veterans
benefits administration of the Department of Veterans Affairs.
Sec. 114. Department of Veterans Affairs high technology pilot program.
Sec. 115. Annual reports to Congress on information on student progress
submitted by educational institutions.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 201. Work-study allowance.
Sec. 202. Duration of educational assistance under Survivors' and
Dependents' Educational Assistance Program.
Sec. 203. Olin E. Teague increase in amounts of educational assistance
payable under Survivors' and Dependents' Educational Assistance
Program.
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 301. State approving agency funding.
Sec. 302. Authorization for use of Post-9/11 Educational Assistance to
pursue independent study programs at certain educational institutions
that are not institutions of higher learning.
Sec. 303. Provision of information on priority enrollment for veterans
in certain courses of education.
Sec. 304. Limitation on use of reporting fees payable to educational
institutions and sponsors of programs of apprenticeship.
Sec. 305. Training for school certifying officials.
Sec. 306. Extension of authority for Advisory Committee on Education.
Sec. 307. Department of Veterans Affairs provision of on-campus
educational and vocational counseling for veterans.
Sec. 308. Provision of information regarding veteran entitlement to
educational assistance.
Sec. 309. Treatment, for purposes of educational assistance
administered by the Secretary of Veterans Affairs, of educational
courses that begin seven or fewer days after the first day of an
academic term.
TITLE IV--RESERVE COMPONENT BENEFITS
Sec. 401. Eligibility of reserve component members for Post-9/11
Educational Assistance.
Sec. 402. Time limitation for training and rehabilitation for veterans
with service-connected disabilities.
TITLE V--OTHER MATTERS
Sec. 501. Repeal inapplicability of modification of basic allowance for
housing to benefits under laws administered by Secretary of Veterans
Affairs.
Sec. 502. Reconsideration of previously denied claims for disability
compensation for veterans who allege full-body exposure to nitrogen
mustard gas, sulfur mustard gas, or Lewisite during World War II.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
SEC. 101. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING MEDICAL CARE
FROM SECRETARY OF DEFENSE AS ACTIVE DUTY FOR
PURPOSES OF ELIGIBILITY FOR POST-9/11 EDUCATIONAL
ASSISTANCE.
(a) In General.--Section 3301(1)(B) is amended by inserting
``12301(h),'' after ``12301(g),''.
(b) Retroactive Application.--The amendment made by subsection (a)
shall apply with respect to service in the Armed Forces occurring on or
after September 11, 2001.
(c) Application With Respect to Use of Entitlement.--An individual
who is entitled to educational assistance by reason of the amendment
made by subsection (a) may use such entitlement to pursue a course of
education beginning on or after August 1, 2018.
SEC. 102. EDUCATIONAL ASSISTANCE UNDER POST-9/11 EDUCATIONAL ASSISTANCE
PROGRAM FOR MEMBERS OF THE ARMED FORCES AWARDED THE
PURPLE HEART.
(a) Eligibility.--Section 3311(b) is amended by adding at the end the
following new paragraph:
``(10) An individual who is awarded the Purple Heart for
service in the Armed Forces occurring on or after September 11,
2001, and continues to serve on active duty in the Armed Forces
or is discharged or released from active duty as described in
subsection (c).''.
(b) Amount of Assistance.--Section 3313(c)(1) is amended by striking
``or (9)'' and inserting ``(9), or (10)''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2018.
SEC. 103. INCLUSION OF FRY SCHOLARSHIP RECIPIENTS AND PURPLE HEART
RECIPIENTS IN YELLOW RIBBON G.I. EDUCATION
ENHANCEMENT PROGRAM.
(a) In General.--Section 3317(a) is amended in the second sentence by
striking ``paragraphs (1) and (2)'' and inserting ``paragraphs (1),
(2), (9), and (10)''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on August 1, 2018.
SEC. 104. CONSOLIDATION OF CERTAIN ELIGIBILITY TIERS UNDER POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Entitlement.--Section 3311(b), as amended by section 102, is
further amended--
(1) in paragraph (6)(A), by striking ``12 months'' and
inserting ``6 months'';
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(b) Amount of Educational Assistance.--Section 3313(c) is amended by
striking paragraph (7).
(c) Conforming Amendments.--Chapter 33 is further amended as follows:
(1) In section 3311(f), by striking ``paragraph (9)'' each
place it appears and inserting ``paragraph (8)''.
(2) In section 3313, as amended by section 102--
(A) in subsection (c)(1), by striking ``(9), or
(10)'' and inserting ``(8), or (9)'';
(B) in subsection (d), by striking ``paragraphs (2)
through (7)'' each place it appears and inserting
``paragraphs (2) through (6)'';
(C) in subsection (e)(2)(C)--
(i) by striking ``paragraphs (3) through
(8)'' and inserting ``paragraphs (3) through
(7)''; and
(ii) by striking ``paragraphs (2) through
(7)'' and inserting ``paragraphs (2) through
(6)''.
(D) in subsection (f)(2)(A)(ii), by striking
``paragraphs (2) through (7)'' and inserting
``paragraphs (2) through (6)'';
(E) in subsection (g)(3)--
(i) in subparagraph (A)(iv)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting
``paragraphs (3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting
``paragraphs (2) through (6)'';
(ii) in subparagraph (B)(iii)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting
``paragraphs (3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting
``paragraphs (2) through (6)'';
(iii) in subparagraph (C)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking ``paragraphs
(3) through (8)'' and inserting
``paragraphs (3) through (7)'';
and
(bb) by striking ``paragraphs
(2) through (7)'' and inserting
``paragraphs (2) through (6)'';
and
(iv) in subparagraph (D)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking ``paragraphs
(3) through (8)'' and inserting
``paragraphs (3) through (7)'';
and
(bb) by striking ``paragraphs
(2) through (7)'' and inserting
``paragraphs (2) through (6)'';
and
(F) in subsection (h), by striking ``paragraphs (2)
through (7)'' and inserting ``paragraphs (2) through
(6)'';
(3) In section 3316--
(A) in subsection (a)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2)
through (6)''; and
(B) in subsection (b)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2)
through (6)''.
(4) In section 3317(a), in the second sentence, as amended by
section 103, by striking ``paragraphs (1), (2), (9), and (10)''
and inserting ``paragraphs (1), (2), (8), and (9)''.
(5) In section 3321(b)(4), as amended by section 111, by
striking ``section 3311(b)(9)'' and inserting ``section
3311(b)(8)''.
(6) In section 3322--
(A) in subsection (e), by striking ``3311(b)(9)'' and
inserting ``3311(b)(8)'';
(B) in subsection (f), by striking ``3311(b)(9)'' and
inserting ``3311(b)(8)''; and
(C) in subsection (h)(2), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)''.
(7) In section 3679(c)(2)(B), by striking ``3311(b)(9)'' and
inserting ``3311(b)(8)''.
(d) Effective Date.--The amendments made by this section shall take
effect on August 1, 2020.
SEC. 105. ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE FOR CERTAIN
MEMBERS OF RESERVE COMPONENTS OF ARMED FORCES WHO
LOST ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER
RESERVE EDUCATIONAL ASSISTANCE PROGRAM.
(a) Election.--Section 16167 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Eligibility for Post-9/11 Educational Assistance.--A member who
loses eligibility for benefits under this chapter pursuant to
subsection (b) shall be allowed to elect (in such form and manner as
the Secretary of Veterans Affairs may prescribe) to have such service
previously credited toward this chapter credited towards establishing
eligibility for educational assistance under chapter 33 of title 38,
notwithstanding the provisions of section 16163(e) of this title or
section 3322(h)(1) of title 38.''.
(b) Qualification of Service.--Section 3301(1) of title 38, United
States Code, shall be construed to include, in the case of a member of
a reserve component of the Armed Forces who, before November 25, 2015,
established eligibility for educational assistance under chapter 1607
of title 10, United States Code, pursuant to section 16163(a)(1) of
such title, but lost eligibility for such educational assistance
pursuant to section 16167(b) of such title, service on active duty (as
defined in section 101 of such title) that satisfies the requirements
of section 16163(a)(1) of such title.
(c) Entitlement.--Section 3311(b)(6) of title 38, United States Code,
as amended by section 104(a), shall be construed to include an
individual who, before November 25, 2015, established eligibility for
educational assistance under chapter 1607 of title 10, United States
Code, pursuant to section 16163(b) of such title, but lost such
eligibility pursuant to section 16167(b) of such title.
(d) Duration.--Notwithstanding section 3312 of title 38, United
States Code, an individual who establishes eligibility for educational
assistance under chapter 33 of such title by crediting towards such
chapter service previously credited towards chapter 1607 of title 10,
United States Code, is only entitled to a number of months of
educational assistance under section 3313 of title 38, United States
Code, equal to the number of months of entitlement remaining under
chapter 1607 of title 10, United States Code, at the time of conversion
to chapter 33 of title 38, United States Code.
SEC. 106. CALCULATION OF MONTHLY HOUSING STIPEND UNDER POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM BASED ON LOCATION OF
CAMPUS WHERE CLASSES ARE ATTENDED.
(a) In General.--Section 3313(c)(1)(B)(i)(I) is amended by striking
``the institution of higher learning at which the individual is
enrolled'' and inserting ``the campus of the institution of higher
learning where the individual physically participates in a majority of
classes''.
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to initial enrollment in a program of education on or
after August 1, 2018.
SEC. 107. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION
TESTS AND NATIONAL TESTS UNDER DEPARTMENT OF
VETERANS AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE
PROGRAM.
(a) Licensure and Certification Tests.--Subsection (c) of section
3315 is amended--
(1) by striking ``shall be determined at the rate of one
month (rounded to the nearest whole month)'' and inserting
``shall be pro-rated based on the actual amount of the fee
charged for the test relative to the rate for one month''; and
(2) by striking ``for each amount paid that equals'' and
inserting ``payable''.
(b) National Tests.--Section 3315A is amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(3) A national test that evaluates prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning as so described.''; and
(2) in subsection (c)--
(A) by striking ``shall be determined at the rate of
one month (rounded to the nearest whole month)'' and
inserting ``shall be pro-rated based on the actual
amount of the fee charged for the test relative to the
rate for one month''; and
(B) by striking ``for each amount paid that equals''
and inserting ``payable''.
(c) Tests Included.--Section 3452(b) is amended in the last
sentence--
(1) by striking ``and national tests providing'' and
inserting ``, national tests providing''; and
(2) by inserting before the period at the end the following:
``, and national tests that evaluate prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning''.
(d) Effective Date.--The amendments made by this Act shall apply to a
test taken on or after August 1, 2018.
SEC. 108. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND
OTHER RELIEF FOR VETERANS AFFECTED BY SCHOOL
CLOSURE OR DISAPPROVAL.
(a) School Closure or Disapproval.--
(1) Restoration of entitlement.--Chapter 36 is amended by
adding at the end the following new section:
``Sec. 3699. Effects of closure or disapproval of educational
institution
``(a) Closure or Disapproval.--Any payment of educational assistance
described in subsection (b) shall not--
``(1) be charged against any entitlement to educational
assistance of the individual concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(b) Educational Assistance Described.--Subject to subsection (c),
the payment of educational assistance described in this paragraph is
the payment of such assistance to an individual for pursuit of a course
or program of education at an educational institution under chapters
30, 32, 33, or 35 of this title, or chapters 1606 or 1607 of title 10,
if the Secretary determines that the individual--
``(1) was forced to discontinue the pursuit of such course or
program as a result of--
``(A) the permanent closure of the educational
institution; or
``(B) the disapproval of the course or a course that
is a necessary part of that program under this chapter
by reason of--
``(i) a provision of law enacted after the
date on which the individual enrolls at such
institution affecting the approval or
disapproval of courses under this chapter; or
``(ii) after the date on which the individual
enrolls at such institution, the Secretary
prescribing or modifying regulations or
policies of the Department affecting such
approval or disapproval; and
``(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
``(c) Period Not Charged.--The period for which, by reason of this
subsection, educational assistance is not charged against entitlement
or counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the aggregate of--
``(1) the portion of the period of enrollment in the course
from which the individual failed to receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2), and
``(2) the period by which a monthly stipend is extended under
section 3680(a)(2)(B) of this title.
``(d) Continuing Pursuit of Disapproved Courses.--(1) The Secretary
may treat a course of education that is disapproved under this chapter
as being approved under this chapter with respect to an individual
described in paragraph (2) if the Secretary determines, on a case-by-
case basis, that--
``(A) such disapproval is the result of an action described
in clause (i) or (ii) of subsection (b)(1)(B); and
``(B) continuing pursuing such course is in the best interest
of the individual.
``(2) An individual described in this paragraph is an individual who
is pursuing a course of education at an educational institution under
chapters 30, 32, 33, or 35 of this title, or chapters 1606 or 1607 of
title 10, as of the date on which the course is disapproved under this
chapter.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3698 the following new item:
``3699. Effects of closure or disapproval of educational
institution.''.
(b) Monthly Housing Stipend.--
(1) In general.--Subsection (a) section 3680 is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii), respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter preceding subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided
in paragraph (2), payment of''; and
(E) by adding at the end the following new paragraph
(2):
``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to
such regulations as the Secretary shall prescribe, continue to pay
allowances to eligible veterans and eligible persons enrolled in
courses set forth in paragraph (1)(A)--
``(A) during periods when educational institutions are
temporarily closed under an established policy based on an
Executive order of the President or due to an emergency
situation, except that the total number of weeks for which
allowances may continue to be so payable in any 12-month period
may not exceed four weeks; or
``(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent closure of an educational institution, or
following the disapproval of a course of study described in
section 3699(b)(1)(B) of this title, except that payment of
such a stipend may only be continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the closure or disapproval
occurred; and
``(ii) the date that is 120 days after the date of
the closure or disapproval.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
subsection, as redesignated, is amended by striking ``described
in subclause (A) of this clause'' and inserting ``described in
clause (i)''.
(c) Applicability.--
(1) School closure or disapproval.--
(A) In general.--The amendments made by subsection
(a) shall take effect on the date that is 90 days after
the date of the enactment of this Act, and shall apply
with respect to courses and programs of education
discontinued as described in section 3699 of title 38,
United States Code, as added by subsection (a)(1),
after January 1, 2015.
(B) Special application.--With respect to courses and
programs of education discontinued as described in
section 3699 of title 38, United States Code, as added
by subsection (a)(1), during the period beginning
January 1, 2015, and ending on the date of the
enactment of this Act, an individual who is unable to
transfer credits from such program of education shall
be deemed to be an individual who did not receive such
credits, as described in subsection (b)(2) of such
section. In carrying out this paragraph, the Secretary
of Veterans Affairs, in consultation with the Secretary
of Education, shall establish procedures to determine
whether credits are unable to be transferred.
(2) Monthly housing stipend.--The amendments made by
subsection (b) shall take effect on August 1, 2018, and shall
apply with respect to courses and programs of education
discontinued as described in section 3699 of title 38, United
States Code, as added by such subsection, on or after the date
of the enactment of this Act.
SEC. 109. ADDITIONAL AUTHORIZED TRANSFER OF UNUSED POST-9/11
EDUCATIONAL ASSISTANCE BENEFITS TO DEPENDENTS UPON
DEATH OF ORIGINALLY DESIGNATED DEPENDENT.
(a) Transfer Upon Death of Dependent.--Section 3319 is amended--
(1) in subsection (f)(1), by inserting after ``section 3321''
the following: ``, and except as provided in subsection (k) or
(l),''; and
(2) by adding at the end the following new subsection:
``(k) Additional Transfer Upon Death of Dependent.--In the case of a
dependent to whom entitlement to educational assistance is transferred
under this section who dies before using all of such entitlement, the
individual who transferred the entitlement to the dependent may
transfer any remaining entitlement to a different eligible dependent,
notwithstanding whether the individual is serving as a member of the
Armed Forces when such transfer is executed.
``(l) Transfer by Dependent.--In the case of an individual who
transfers entitlement to educational assistance under this section who
dies before the dependent to whom entitlement to educational assistance
is so transferred has used all of such entitlement, such dependent may
transfer such entitlement to another eligible dependent in accordance
with the provisions of this section.''.
(b) Effective Dates.--
(1) Eligible deaths.--The amendments made by this section
shall apply with respect to deaths occurring on or after August
1, 2009.
(2) Use of entitlement.--A dependent to whom entitlement to
educational assistance is transferred under subsection (k) or
(l) of section 3319 of title 38, United States Code, as added
by subsection (a), may use such entitlement to pursue a course
of education beginning on or after August 1, 2018.
SEC. 110. EDITH NOURSE ROGERS STEM SCHOLARSHIP.
(a) In General.--Subchapter II of chapter 33 is amended by adding at
the end the following new section:
``Sec. 3320. Edith Nourse Rogers STEM Scholarship
``(a) In General.--Subject to the limitation under subsection (f),
the Secretary shall provide additional benefits to eligible individuals
selected by the Secretary under this section. Such benefits shall be
known as the `Edith Nourse Rogers STEM Scholarship'.
``(b) Eligibility.--For purposes of this section, an eligible
individual is an individual--
``(1) who is or was entitled to educational assistance under
section 3311 of this title;
``(2) who has used all of the educational assistance to which
the individual is entitled under this chapter or will, based on
the individual's rate of usage, use all of such assistance
within 180 days of applying for benefits under this section;
``(3) who applies for assistance under this section; and
``(4) who--
``(A) is an individual who--
``(i) is enrolled in a program of education
leading to a post-secondary degree that
requires more than the standard 128 semester
(or 192 quarter) credit hours for completion
in--
``(I) biological or biomedical
science;
``(II) physical science;
``(III) science technologies or
technicians;
``(IV) computer and information
science and support services;
``(V) mathematics or statistics;
``(VI) engineering;
``(VII) engineering technologies or
an engineering-related field;
``(VIII) a health profession or
related program;
``(IX) a medical residency program;
or
``(X) an agriculture science program
or a natural resources science program;
and
``(ii) has completed at least 60 standard
semester (or 90 quarter) credit hours in a
field referred to in clause (i); or
``(B) is an individual who has earned a post-
secondary degree in a field referred to in subparagraph
(A)(i) and is enrolled in a program of education
leading to a teaching certification.
``(c) Priority.--In selecting eligible individuals to receive
additional benefits under this section, the Secretary shall give
priority to the following individuals:
``(1) Individuals who require the most credit hours described
in subsection (b)(4).
``(2) Individuals who are entitled to educational assistance
under this chapter by reason of paragraph (1), (2), (8), or (9)
of section 3311(b) of this title.
``(d) Amount of Assistance.--(1) The Secretary shall pay to each
eligible individual who receives additional benefits under this section
the monthly amount payable under section 3313 of this title for not
more than nine months of the program of education in which the
individual is enrolled (adjusted with respect to the individual
pursuant to section 3313(c), as appropriate), except that the aggregate
amount paid to an individual under this section may not exceed $30,000.
``(2) The Secretary may not pay to such an individual an amount in
addition to the amount payable under paragraph (1) by reason of section
3317 of this title.
``(3) An individual who receives additional benefits under this
section may also receive amounts payable by a college or university
pursuant to section 3317 of this title.
``(e) Prohibition on Transfer.--An individual who receives additional
benefits under this section may not transfer any amount of such
additional benefits under section 3319 of this title.
``(f) Maximum Amount of Total Assistance.--The total amount of
benefits paid to all eligible individuals under this section may not
exceed--
``(1) $25,000,000 for fiscal year 2019;
``(2) $75,000,000 for each of fiscal years 2020 through 2022;
and
``(3) $100,000,000 for fiscal year 2023 and each subsequent
fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3319 the following new item:
``3320. Edith Nourse Rogers STEM Scholarship.''.
(c) Effective Date.--Section 3320 of title 38, United States Code,
shall take effect on August 1, 2019.
SEC. 111. HONORING THE NATIONAL SERVICE OF MEMBERS OF THE ARMED FORCES
BY ELIMINATION OF TIME LIMITATION FOR USE OF
ENTITLEMENT.
(a) In General.--Subsection (a) of section 3321 amended--
(1) by striking ``individual's entitlement'' and all that
follows through the period and inserting ``individual's
entitlement--''; and
(2) by adding at the end the following new paragraphs:
``(1) in the case of an individual who first becomes entitled
to such entitlement before January, 1, 2013, expires at the end
of the 15-year period beginning on the date of such
individual's last discharge or release from active duty; or
``(2) in the case of an individual who first becomes entitled
to such entitlement on or after January 1, 2013, shall not
expire.''.
(b) Children of Deceased Members.--Subsection (b)(4) of such section
is amended--
(1) by inserting ``of this title'' after ``3311(b)(9)'';
(2) by striking ``child's entitlement'' and all that follows
through the period and inserting ``child's entitlement--''; and
(3) by adding at the end the following new subparagraphs:
``(A) in the case of a child who first becomes
entitled to such entitlement before January 1, 2013,
expires at the end of the 15-year period beginning on
the date of such child's eighteenth birthday; or
``(B) in the case of a child who first becomes
entitled to such entitlement on or after January 1,
2013, shall not expire.''.
SEC. 112. MONTHLY STIPEND FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES RECEIVING POST-9/11 EDUCATIONAL
ASSISTANCE.
(a) In General.--Section 3313 is further amended by adding at the end
the following new subsection:
``(j) Determination of Monthly Stipends During Certain Active Duty
Service.--
``(1) Pro rata basis.--In any month in which an individual
described in paragraph (2) is performing active duty service
described in section 3301(1)(B) of this title, the Secretary
shall determine the amount of monthly stipends payable under
this section for such month on a pro rata basis for the period
of such month in which the covered individual is not performing
such active duty service.
``(2) Individual described.--An individual described in this
paragraph is an individual who is--
``(A) a member of the reserve components of the Armed
Forces; and
``(B) pursuing a program of education using
educational assistance under this chapter.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to a quarter, semester, or term, as applicable, commencing
on or after August 1, 2018.
SEC. 113. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS
BENEFITS ADMINISTRATION OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Processing of Certain Educational Assistance Claims.--The
Secretary of Veterans Affairs shall, to the maximum extent possible,
make such changes and improvements to the information technology system
of the Veterans Benefits Administration of the Department of Veterans
Affairs to ensure that--
(1) to the maximum extent possible, all original and
supplemental claims for educational assistance under chapter 33
of title 38, United States Code, are adjudicated
electronically; and
(2) rules-based processing is used to make decisions with
respect to such claims with little human intervention.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a plan to implement the changes and improvements
described in subsection (a).
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to Congress
a report on the implementation of the changes and improvements
described in subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $30,000,000 to carry
out this section during fiscal years 2018 and 2019.
SEC. 114. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry out
a pilot program under which the Secretary shall provide eligible
veterans with the opportunity to enroll in high technology programs of
education.
(b) Eligibility.--For purposes of the pilot program under this
section, an eligible veteran is a veteran who is entitled to
educational assistance under chapter 30, 32, 33, 34, or 35 of title 38,
United States Code, or chapter 1606 or 1607 of title 10, United States
Code.
(c) Contracts.--
(1) In general.--For purposes of carrying out subsection (a),
by not later than 180 days after August 1, 2018, the Secretary
shall seek to enter into contracts with any number of qualified
providers of high technology programs of education for the
provision of such programs to eligible veterans under the pilot
program.
(2) Payment of contractors.--A contract under this subsection
shall provide that the Secretary shall pay to a provider--
(A) upon the enrollment of an eligible veteran in the
program, 25 percent of the cost of the tuition and
other fees for the program of education for the
veteran;
(B) upon the completion of the program by the
veteran, 25 percent of such cost; and
(C) upon the employment of the veteran in the field
of study of the program following completion of the
program, 50 percent of such cost.
(3) Qualified providers.--For purposes of the pilot program,
a provider of a high technology program of education is
qualified if--
(A) the provider has been operational for at least
two years;
(B) the provider has successfully provided the high
technology program for at least one year; and
(C) the provider meets the approval criteria
developed by the Secretary under paragraph (4).
(4) Approval criteria.--The Secretary shall develop criteria
for approving providers for purposes of the pilot program. In
developing such criteria, the Secretary may consult with State
approving agencies. Such criteria is not required to meet the
requirements of section 3672 of title 38, United States Code.
(5) Tuition reimbursement.--In entering into contracts to
carry out the pilot program, the Secretary shall give
preference to a qualified provider that offers tuition
reimbursement for any student who--
(A) completes a program of education offered by the
provider; and
(B) does not find full-time meaningful employment in
the field of study of the program within the 180-day
period beginning on the date the student completes the
program.
(d) Housing Stipend.--The Secretary shall pay to each eligible
veteran who is enrolled in a high technology program of education under
the pilot program on a full-time basis a monthly housing stipend equal
to the product--
(1) of--
(A) in the case of a veteran pursuing resident
training, the monthly amount of the basic allowance for
housing payable under section 403 of title 37, United
States Code, for a member with dependents in pay grade
E-5 residing in the military housing area that
encompasses all or the majority portion of the ZIP code
area in which is located the institution at which the
individual is enrolled; or
(B) in the case of a veteran pursuing a program of
education through distance learning, a monthly amount
equal to 50 percent of the amount payable under
subparagraph (A), multiplied by
(2) the lesser of--
(A) 1.0; or
(B) the number of course hours borne by the
individual in pursuit of the program of education
involved, divided by the minimum number of course hours
required for full-time pursuit of such program of
education, rounded to the nearest multiple of 10.
(e) High Technology Program of Education Defined.--In this section,
the term ``high technology program of education'' means a program of
education that--
(1) is offered by an entity other than an institution of
higher learning;
(2) does not lead to a degree; and
(3) provides instruction in computer programming, computer
software, media application, data processing, or information
sciences.
(f) Reports.--
(1) Secretary of veterans affairs.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report on
the pilot program under this section.
(2) Comptroller general.--
(A) Interim report.--Not later than three years after
the date on which the Secretary first enters into a
contract under this section, the Comptroller General of
the United States shall submit to Congress a report
containing the results of the interim assessment of the
Comptroller General. Such report shall include the
recommendations of the Comptroller General for
improving the pilot program and an assessment of each
of the following:
(i) The technology experience of the
directors and instructors of the providers of
high technology programs of education under the
pilot program.
(ii) Whether the providers cooperated with
the technology industry to create the
curriculum for the program of education.
(iii) Whether the providers use an open
source curriculum for the program of education.
(iv) The admittance rate into the pilot
program.
(v) The job placement rate for veterans who
completed a program of education under the
pilot program in the field of study of the
program.
(vi) The average salary of veterans who
completed a program of education under the
pilot program and were subsequently employed.
(vii) The average age of veterans who
participated in the pilot program.
(B) Final report.--Not later than five years after
the date on which the Secretary first enters into a
contract under this section, the Comptroller General
shall submit to Congress a final report on the pilot
program. Such report shall include the recommendation
of the Comptroller General with respect to whether the
program should be extended and an assessment of each of
the following:
(i) Each item described in clauses (i)
through (vii) of subparagraph (A).
(ii) The percentage of veterans who completed
a program of education under the pilot program
who were subsequently employed for a period of
six months or longer in a field of study of the
program.
(iii) The percentage of veterans who
completed a program of education under the
pilot program who were subsequently employed
for a period of less than six months in a field
of study of the program.
(g) Authorization of Appropriations.--For each fiscal year during
which the Secretary carries out a pilot program under this section,
$15,000,000 shall be made available for such purpose from funds
appropriated to, or otherwise made available to, the Department for the
payment of readjustment benefits.
(h) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is five years after the
date on which the Secretary first enters into a contract under this
section.
SEC. 115. ANNUAL REPORTS TO CONGRESS ON INFORMATION ON STUDENT PROGRESS
SUBMITTED BY EDUCATIONAL INSTITUTIONS.
Section 3326 is amended--
(1) by striking ``As a condition'' and inserting ``(a)
Submittal of Information by Educational Institutions.--As a
condition'' ; and
(2) by adding at the end the following new subsection:
``(b) Reports to Congress.--Not later than March 1 of each year, the
Secretary shall submit to Congress a report that includes a summary of
the information provided by educational institutions under subsection
(a) for the calendar year preceding the year during which such report
is submitted.''.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
SEC. 201. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) is amended by striking ``the period beginning on
June 30, 2017, and ending on June 30, 2022,'' each place it appears and
inserting ``any time on or after June 30, 2017,''.
SEC. 202. DURATION OF EDUCATIONAL ASSISTANCE UNDER SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM.
Section 3511(a)(1) is amended--
(1) by striking ``chapter for'' and all that follows through
the period and inserting ``chapter--''; and
(2) by adding at the end the following new subparagraphs:
``(A) in the case of a person who first enrolls in a program
of education using such entitlement before August 1, 2018, for
an aggregate period not in excess of 45 months (or to the
equivalent thereof in part-time training); or
``(B) in the case of a person who first enrolls in a program
of education using such entitlement on or after August 1, 2018,
for an aggregate period not in excess of 36 months (or to the
equivalent thereof in part-time training).''.
SEC. 203. OLIN E. TEAGUE INCREASE IN AMOUNTS OF EDUCATIONAL ASSISTANCE
PAYABLE UNDER SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Increase.--Section 3532 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``$788'' and inserting
``$1,224'';
(ii) by striking ``$592'' and inserting
``$967''; and
(iii) by striking ``$394'' and inserting
``$710''; and
(B) in paragraph (2)(B), by striking ``$788'' and
inserting ``$1,224''; and
(2) in subsection (b), by striking ``$788'' and inserting
``$1,224''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a month that begins on or after October 1, 2018.
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
SEC. 301. STATE APPROVING AGENCY FUNDING.
(a) Increase.--Section 3674(a) of title 38, United States Code, is
amended--
(1) in paragraph (2)(A), by striking ``out of amounts
available for the payment of readjustment benefits'' and
inserting ``out of amounts in the Department of Veterans
Affairs readjustment benefits account and amounts appropriated
to the Secretary'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) In addition to amounts made available under paragraph (5),
there is authorized to be appropriated to carry out this section
$3,000,000 for fiscal year 2019 and each subsequent fiscal year.''; and
(4) in paragraph (5), as so redesignated--
(A) by striking ``The total'' and inserting ``(A) The
total'';
(B) by striking ``for any fiscal year shall be
$19,000,000'' and inserting ``for fiscal year 2018
shall be $21,000,000 and for fiscal year 2019 and
thereafter shall be $23,000,000''; and
(C) by adding at the end the following new
subparagraph:
``(B) Beginning in fiscal year 2019, whenever there is an increase in
benefit amounts payable under title II of the Social Security Act (42
U.S.C. 401 et seq.) as a result of a determination made under section
215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effective
on the date of such increase in benefit amounts, increase the amount in
effect under subparagraph (A), as in effect immediately prior to the
date of such increase in benefit amounts payable under title II of the
Social Security Act, by the same percentage as the percentage by which
such benefit amounts are increased.''.
SEC. 302. AUTHORIZATION FOR USE OF POST-9/11 EDUCATIONAL ASSISTANCE TO
PURSUE INDEPENDENT STUDY PROGRAMS AT CERTAIN
EDUCATIONAL INSTITUTIONS THAT ARE NOT INSTITUTIONS
OF HIGHER LEARNING.
Paragraph (4) of section 3680A(a) is amended to read as follows:
``(4) any independent study program except an independent
study program (including such a program taken over open circuit
television) that--
``(A) is accredited by a nationally recognized
accrediting agency; and
``(B) leads--
``(i) to a standard college degree;
``(ii) to a certificate that reflects
educational attainment offered by an
institution of higher learning; or
``(iii) to a certificate that reflects
completion of a course of study offered by--
``(I) an area career and technical
education school (as defined in
subparagraphs (C) and (D) of section
3(3) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20
U.S.C. 2302(3))) that provides
education at the postsecondary level;
or
``(II) a postsecondary vocational
institution (as defined in section
102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that provides
education at the postsecondary
level.''.
SEC. 303. PROVISION OF INFORMATION ON PRIORITY ENROLLMENT FOR VETERANS
IN CERTAIN COURSES OF EDUCATION.
Section 3698(c)(1)(C) is amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new clause:
``(xi) information on whether the institution
administers a priority enrollment system that allows
certain student veterans to enroll in courses earlier
than other students.''.
SEC. 304. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL
INSTITUTIONS AND SPONSORS OF PROGRAMS OF
APPRENTICESHIP.
(a) In General.--Subsection (c) of section 3684 is amended to read as
follows:
``(c)(1) The Secretary may pay to any educational institution, or to
the sponsor of a program of apprenticeship, furnishing education or
training under either this chapter or chapter 31, 34, or 35 of this
title, a reporting fee which will be in lieu of any other compensation
or reimbursement for reports or certifications which such educational
institution or sponsor of a program of apprenticeship is required to
submit to the Secretary by law or regulation.
``(2) Such reporting fee shall be computed for each calendar year by
multiplying $16 by the number of eligible veterans or eligible persons
enrolled under this chapter or chapter 31, 34, or 35 of this title. The
reporting fee shall be paid to such educational institution or sponsor
of a program of apprenticeship as soon as feasible after the end of the
calendar year for which it is applicable.
``(3) No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary against any
liability of such institution for any overpayment for which such
institution may be administratively determined to be liable under
section 3685 of this title unless such liability is not contested by
such institution or has been upheld by a final decree of a court of
appropriate jurisdiction.
``(4) Any reporting fee paid to an educational institution or sponsor
of a program of apprenticeship after the date of the enactment of the
Post-9/11 Veterans Educational Assistance Improvements Act of 2011
(Public Law 111-377)--
``(A) shall be utilized by such institution or sponsor solely
for the making of certifications required under this chapter or
chapter 31, 34, or 35 of this title or for otherwise supporting
programs for veterans; and
``(B) with respect to an institution that has 100 or more
enrollees described in paragraph (2) may not be used for or
merged with amounts available for the general fund of the
educational institution or sponsor of a program of
apprenticeship.
``(5) The reporting fee payable under this subsection shall be paid
from amounts appropriated for readjustment benefits.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on August 1, 2018.
SEC. 305. TRAINING FOR SCHOOL CERTIFYING OFFICIALS.
(a) Training Requirement.--The Secretary of Veterans Affairs shall,
in consultation with the State approving agencies, set forth
requirements relating to training for school certifying officials
employed by covered educational institutions offering courses of
education approved under chapter 36 of title 38, United States Code. If
a covered educational institution does not ensure that a school
certifying official employed by the educational institution meets such
requirements, the Secretary may disapprove any course of education
offered by such educational institution.
(b) Definitions.--In this section:
(1) The term ``covered educational institution'' means an
educational institution that has enrolled 20 or more
individuals using educational assistance under title 38, United
States Code.
(2) The term ``school certifying official'' means an employee
of an educational institution with primary responsibility for
certifying veteran enrollment at the educational institution.
(3) The term ``State approving agency'' means a department or
agency of a State designated under section 3671 of title 38,
United States Code.
(c) Effective Date.--This section shall take effect on August 1,
2018.
SEC. 306. EXTENSION OF AUTHORITY FOR ADVISORY COMMITTEE ON EDUCATION.
Section 3692 is amended by striking ``December 31, 2017'' and
inserting ``December 31, 2022''.
SEC. 307. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ON-CAMPUS
EDUCATIONAL AND VOCATIONAL COUNSELING FOR VETERANS.
(a) In General.--Chapter 36 is amended by inserting after section
3697A the following new section:
``Sec. 3697B. On-campus educational and vocational counseling
``(a) In General.--The Secretary shall provide educational and
vocational counseling services for individuals described in section
3697A(b) of this title at locations on the campuses of institutions of
higher learning selected by the Secretary. Such counseling services
shall be provided by employees of the Department who provide such
services under section 3697A of this title.
``(b) Selection of Locations.--(1) To be selected by the Secretary
under this section, an institution of higher learning shall provide an
appropriate space on the campus of the institution where counseling
services can be provided under this section.
``(2) In selecting locations for the provision of counseling services
under this section, the Secretary shall seek to select locations where
the maximum number of veterans would have access to such services.
``(c) Annual Report.--Not later than 180 days after the date of the
enactment of this section, and each year thereafter, the Secretary
shall submit to Congress a report on the counseling services provided
under this section. Such report shall include, for the year covered by
the report--
``(1) the average ratio of counselors providing such services
to individuals who received such services at each location
where such services were provided;
``(2) a description of such services provided;
``(3) the recommendations of the Secretary for improving the
provision of such services; and
``(4) any other matters the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3697A the following new item:
``3697B. On-campus educational and vocational counseling.''.
SEC. 308. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO
EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 is further amended by
adding at the end the following new section:
``Sec. 3699A. Provision of certain information to educational
institutions
``(a) In General.--For each veteran or other individual pursuing a
course of education that has been approved under this chapter using
educational assistance to which the veteran or other individual is
entitled under chapter 30, 32, 33, or 35 of this title, the Secretary
shall make available to the educational institution offering the course
information about the amount of such educational assistance to which
the veteran or other individual is entitled. Such information shall be
provided to such educational institution through a secure information
technology system accessible by the educational institution and shall
be regularly updated to reflect any amounts used by the veteran or
other individual.
``(b) Election.--A veteran or other individual pursuing a course of
education described in subsection (a) may elect not to provide the
information described in such subsection to an educational institution
in a manner prescribed by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by inserting after the item relating to
section 3699 the following new item:
``3699A. Provision of certain information to educational
institutions.''.
(c) Effective Date.--Section 3699A of title 38, United States Code,
as added by this section, shall take effect on August 1, 2018.
SEC. 309. TREATMENT, FOR PURPOSES OF EDUCATIONAL ASSISTANCE
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS,
OF EDUCATIONAL COURSES THAT BEGIN SEVEN OR FEWER
DAYS AFTER THE FIRST DAY OF AN ACADEMIC TERM.
Section 3684(a) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) A course offered by an educational institution that does not
begin on the first day of an academic term, but does begin seven or
fewer days after such day, shall be treated as beginning on such day
for purposes of this section.''.
TITLE IV--RESERVE COMPONENT BENEFITS
SEC. 401. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) is amended by striking ``or
12304'' and inserting ``12304, 12304a, or 12304b''.
(b) Retroactive Application.--The amendment made by subsection (a)
shall apply with respect to service in the Armed Forces occurring on or
after the date of the enactment of the Post-9/11 Veterans Educational
Assistance Act of 2008 (Public Law 110-252).
(c) Application With Respect to Use of Entitlement.--An individual
who is entitled to educational assistance by reason of the amendment
made by subsection (a) may use such entitlement to pursue a course of
education beginning on or after August 1, 2018.
SEC. 402. TIME LIMITATION FOR TRAINING AND REHABILITATION FOR VETERANS
WITH SERVICE-CONNECTED DISABILITIES.
Section 3103(f) is amended by striking ``or 12304'' and inserting
``12304, 12304a, or 12304b''.
TITLE V--OTHER MATTERS
SEC. 501. REPEAL INAPPLICABILITY OF MODIFICATION OF BASIC ALLOWANCE FOR
HOUSING TO BENEFITS UNDER LAWS ADMINISTERED BY
SECRETARY OF VETERANS AFFAIRS.
(a) Repeal.--Subsection (b) of section 604 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 37 U.S.C. 403 note) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on January 1, 2018, and shall apply with respect to individuals
who first use their entitlement to educational assistance under chapter
33 of title 38, United States Code, on or after such date.
SEC. 502. RECONSIDERATION OF PREVIOUSLY DENIED CLAIMS FOR DISABILITY
COMPENSATION FOR VETERANS WHO ALLEGE FULL-BODY
EXPOSURE TO NITROGEN MUSTARD GAS, SULFUR MUSTARD
GAS, OR LEWISITE DURING WORLD WAR II.
(a) In General.--
(1) Reconsideration required.--The Secretary of Veterans
Affairs shall reconsider all claims for compensation described
in paragraph (2) and make a new determination regarding each
such claim.
(2) Claims for compensation described.--A claim for
compensation described in this paragraph is a claim for
compensation under chapter 11 of title 38, United States Code,
that the Secretary determines--
(A) arose from the alleged full-body exposure of a
veteran to a covered substance--
(I) during active military, naval, or air
service during World War II; and
(ii) at a site listed in paragraph (3); and
(B) was denied before the date of the enactment of
this Act.
(3) Sites.--The sites listed in this paragraph are the
following:
(A) Camp Siebert, Alabama.
(B) Fort McClellan, Alabama.
(C) Huntsville Arsenal, Alabama.
(D) Rocky Mountain Arsenal, Colorado.
(E) Naval Research Laboratory, D.C.
(F) Bushnell Field, Florida.
(G) Great Lakes Naval Training Center, Illinois.
(H) Edgewood Arsenal, Maryland.
(I) Fort Detrick, Maryland.
(J) Naval Research Laboratory, Maryland.
(K) Naval Training Center, Bainbridge, Maryland.
(L) Horn Island Installation, Mississippi.
(M) Camp Crowder, Missouri.
(N) Hart's Island, New York.
(O) Camp Lejeune, North Carolina.
(P) Charleston, South Carolina.
(Q) Dugway Proving Ground, Utah.
(R) Toole Army Depot, Utah.
(S) Naval Research Laboratory, Virginia.
(T) U.S.S. Eagle Boat No. 58.
(U) Ondal, India.
(V) Fort Clayton, San Jose Island, Panama.
(W) Any site the Secretary of Veterans Affairs
determines is appropriate.
(4) Factors of consideration.--In making a determination
under paragraph (1), the Secretary--
(A) shall consider--
(i) that contemporaneous records of testing
of full-body exposure to a covered substance
frequently may be unavailable because such
tests were classified or such records were lost
or destroyed;
(ii) that many veterans were sworn to secrecy
following testing described in clause (i);
(iii) each statement based on personal
knowledge of a veteran who served at a site
listed in paragraph (3);
(iv) information in the report from the
Secretary of Defense under subsection (b)(2);
and
(v) any evidence the Secretary considers
relevant; and
(B) may not determine that testing of full-body
exposure to a covered substance did not occur at a site
based solely on--
(i) information contained in the Department
of Defense and Department of Veterans Affairs
Chemical Biological Warfare Database; or
(ii) any list of known sites of testing of
full-body exposure to a covered substance
maintained by the Department of Veterans
Affairs or the Department of Defense.
(5) Presumption of exposure.--In carrying out paragraph (1),
when the Secretary of Veterans Affairs makes a determination
regarding whether a veteran experienced full-body exposure to a
covered substance, the Secretary--
(A) shall presume, unless there is affirmative
evidence to establish otherwise, that the veteran
experienced such exposure by reason of the service of
the veteran in World War II--
(i) based on the locations listed in
paragraph (3); and
(ii) consistent with the places, types, and
circumstances of service of the veteran in
accordance with section 1154 of title 38; and
(B) shall resolve each reasonable doubt in favor of
the veteran.
(6) Effective date of award.--The effective date of any award
of disability compensation resulting from reconsideration of a
claim under paragraph (1) shall be fixed in accordance with the
facts found, but shall not be earlier than the date of the
receipt of the claim for compensation described in paragraph
(2).
(b) Investigation and Report by the Secretary of Defense.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) investigate and assess each site--
(A) where the Army Corps of Engineers has uncovered
evidence of testing conducted by the Department of
Defense during World War II to assess the effects of
full-body exposure to a covered substance on humans; or
(B) with regards to which more than two veterans have
been denied claims for compensation under chapter 11 of
title 38, United States Code, in connection with
exposure to a covered substance at such site; and
(2) submit to the appropriate congressional committees and
the Secretary of Veterans Affairs a report on testing described
in paragraph (1)(A), including--
(A) a list of each location where such testing
occurred, including locations investigated and assessed
under paragraph (1);
(B) the dates of each such testing; and
(C) the number of members of the Armed Forces who
experienced full-body exposure to a covered substance
in each such testing.
(c) Investigation and Report by Secretary of Veterans Affairs.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall--
(1) investigate and assess--
(A) the actions taken by the Secretary to contact
individuals who experienced full-body exposure to a
covered substance in the course of testing described in
subsection (b)(1)(A);
(B) the number of claims filed with the Secretary for
disability compensation under chapter 11 of title 38,
United States Code, arising from testing described in
subsection (b)(1)(A); and
(C) the percentage of claims described in
subparagraph (B) that the Secretary denied.
(2) submit to the appropriate congressional committees and
the Secretary of Defense a report regarding the investigations
and assessments carried out under paragraph (1).
(d) Definitions.--In this section:
(1) The terms ``active military, naval, or air service'',
``veteran'', and ``World War II'' have the meanings given such
terms in section 101 of title 38, United States Code.
(2) The term ``appropriate congressional committees'' means--
(A) the Committees on Armed Services of the House of
Representatives and the Senate; and
(B) the Committees on Veterans' Affairs of the House
of Representatives and the Senate.
(3) The term ``covered substance'' means--
(A) nitrogen mustard gas;
(B) sulfur mustard gas; or
(C) Lewisite.
(4) The term ``full-body exposure'', with respect to a
covered substance, has the meaning given that term by the
Secretary of Defense.
Purpose and Summary
H.R. 3218, the ``Harry W. Colmery Veterans Educational
Assistance Act of 2017,'' was introduced by Representative
David P. Roe, M.D. of Tennessee, Chairman of the Committee on
Veterans' Affairs, on July 13, 2017. H.R. 3218, as amended,
would improve education benefits provided to veterans,
servicemembers, dependents, and survivors. H.R. 3218, as
amended, incorporates the text of the following bills: H.R. 43,
introduced by Representative Markwayne Mullin of Oklahoma
introduced on January 3, 2017; H.R. 245, introduced by
Representative Paul Cook of California on January 4, 2017; H.R.
1104, introduced by Representative Susan Brooks of Indiana on
February 16, 2017; H.R. 1112, introduced by Representative Raul
Labrador of Idaho on February 16, 2017; H.R. 1216, introduced
by Representative Luke Messer of Indiana introduced on February
24, 2017; H.R. 2068, introduced by Representative Mark Takano
of California on April 6, 2017; H.R. 1331, introduced by
Representative Jim Banks of Indiana on March 2, 2017; H.R.
1379, introduced by Representative Scott Peters of California
on March 7, 2017; H.R. 1384, introduced by Representative
Steven Palazzo of Mississippi on March 7, 2017; H.R. 1793,
introduced by Representative Tim Ryan of Ohio on March 29,
2017; H.R. 1956, introduced by Representative Phil Roe of
Tennessee on April 5, 2017; H.R. 1989, introduced by
Representative Kevin McCarthy of California on April 6, 2017;
H.R. 1994, introduced by Gus Bilirakis of Florida on April 6,
2017; H.R. 2099, introduced by Representative Mark Takano of
California on April 14, 2017; H.R. 2100, introduced by
Representative Mark Takano of California on April 14, 2017;
H.R. 2103, introduced by Representative John Rutherford of
Florida on April 17, 2017; H.R. 2108, introduced by
Representative David McKinley of West Virginia on April 20,
2017; H.R. 2257, introduced by Representative Brad Wenstrup of
Ohio on April 28, 2017; and H.R. 2549 introduced by
Representative Mike Coffman of Colorado on May 19, 2017.
Background and Need for Legislation
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
Section 101. Consideration of Certain Time Spent Receiving Medical Care
From Secretary of Defense as Active Duty for Purposes of
Eligibility for Post-9/11 Educational Assistance
Under current law, Guardsmen and Reservists wounded in
combat receive orders under section 12301(h) of title 10,
U.S.C., to serve time for medical and recovery purposes upon
their return from deployment. However, federal law does not
recognize such orders as creditable for Post-9/11 GI Bill
education assistance, meaning that while these Guardsmen and
Reservists are on orders under section 12301(h) of title 10,
U.S.C., and receiving medical treatment, they do not accrue any
time towards their Post-9/11 GI Bill eligibility. Under this
scenario, a Guardsman or Reservist who serves on active duty
but was never injured could accrue more Post-9/11 GI Bill
benefits than one who is still active duty but recovering from
injuries sustained in combat. Guardsmen and Reservists who
deploy on active duty are no less vulnerable to injury in
combat than full-time active duty servicemembers.
This section would end this unequal treatment and ensure
that Guardsmen and Reservists are able to accrue eligibility
for Post-9/11 GI Bill benefits while on orders under section
12301(h) of title 10, U.S.C. The Committee believes this policy
would fairly reflect the time that Guardsmen and Reservists
spend serving our nation for the purposes of their education
assistance benefits.
Section 102. Educational assistance under Post-9/11 Educational
Assistance Program for Members of the Armed Forces Awarded the
Purple Heart
Since September 11, 2001 the mission of members of the
National Guard and Reserve has moved from strategic reserve to
a truly operational force. This change has meant an increased
number of members of the National Guard and Reserve have been
deployed overseas and have served in combat. As a result, a
number of these servicemembers have been awarded the Purple
Heart, an honor bestowed to those servicemembers who have been
wounded in combat. However, some servicemembers who have
received the Purple Heart do not meet active duty activation
requirements to receive the full benefits provided by the Post-
9/11 GI Bill.
This section would address this inequity and extend full
eligibility for the Post-9/11 GI Bill to any Purple Heart
recipient since September 11, 2001. The Committee believes
there could be at least 3,000 that will be impacted by this
change over the next ten years, and that this change is an
appropriate acknowledgement of their sacrifice for this
country.
Section 103. Inclusion of Fry Scholarship Recipients and Purple Heart
Recipients in Yellow Ribbon GI Education Enhancement Program
The Post-9/11 GI Bill covers a large amount of school
costs, but many private schools cost more than authorized in
statute. In cases where a veteran is not eligible for the in-
state tuition rate, the cost to attend public school can also
exceed what is allowable by law. Section 3317 of title 38,
U.S.C., authorizes the Yellow Ribbon Program, which authorizes
the Department of Veterans Affairs (VA) to enter into
agreements with private and public schools to pay a dollar-for-
dollar matching grant to cover the additional tuition costs
beyond what is provided in the tuition and fee cap for the
Post-9/11 GI Bill in section 3313(c) of title 38, U.S.C.
Under current law, individuals using the Fry Scholarship
and those who do not have full Post-9/11 GI eligibility are not
also eligible to use the Yellow Ribbon Program to pay for the
rest of their tuition amount beyond what is provided in the
Post-9/11 GI Bill. The Committee believes it was not the
intention of Congress to limit the Fry Scholarship to exclude
children and spouses of servicemembers who have died in the
line of duty from being able to utilize the Yellow Ribbon
program. Additionally, as stated in the previous section, the
Committee recognizes the sacrifice of those who have received
the Purple Heart and believes that recipients should also be
eligible for the Yellow Ribbon Program. This section would
amend section 3317(a) of title 38, U.S.C., to allow individuals
eligible for the Fry Scholarship and those servicemembers who
have received the Purple Heart to also be eligible to use the
Yellow Ribbon Program while they attend school. The Committee
believes that by making this change, an inequity for those who
have sacrificed will be corrected.
Section 104. Consolidation of Eligibility Tiers Under Post-9/11
Educational Assistance Program of the Department of Veterans
Affairs
Section 3311(b) of title 38, U.S.C., provides eligibility
for the Post-9/11 GI Bill based on active duty service. After
90 days of active service duty service, other than for
training, the servicemember is eligible for 40% of the benefit
and this percentage goes up by 10% with an additional six
months of service and continues to gradually increase until an
individual reaches 36 months of active service, which then
makes them eligible for the full amount available under the GI
Bill. At the legislative hearing on this bill on July 17, 2017,
Mr. John Kamin with The American Legion testified that these
tiers of benefits make it so many members of the National Guard
and Reserve have to incur, ``large sums of educational debt due
to partial eligibility of GI Bill benefits.''
As previously discussed, the National Guard and Reserve
forces are bearing a larger share of active duty missions than
in previous years. As such, the Committee believes it is
important to reduce the burden on those student veterans with
less than full eligibility for the Post-9/11 GI Bill.
Therefore, this section would authorize additional GI Bill
funding for members of the National Guard and Reserve. This
section would increase the amount of money/eligibility that
individuals receive who serve at least 90 days but less than 6
months on active duty--it would increase from 40% to 50%
benefit payable. It would also increase the amount of money/
eligibility that individuals receive who serve at least 6
months but less than 12 months--it would increase from 50% to
60% benefit payable. A chart comparing the old and new tier
structure is listed below. The Committee believes this increase
is needed to assist these servicemembers attend school and for
a student attending a private school, this would result in
approximately $2,300 more a year in tuition than they are
receiving now and would receive additional money for their
housing allowance.
OLD TIER STRUCTURE
------------------------------------------------------------------------
Percentage of
Maximum
Member Serves Benefit
Payable
------------------------------------------------------------------------
At least 36 months...................................... 100%
At least 30 continuous days on active duty and must be 100%
discharged due to service-connected disability.........
At least 30 months, but less than 36 months............. 90%
At least 24 months, but less than 30 months............. 80%
At least 18 months, but less than 24 months............. 70%
At least 12 months, but less than 18 months............. 60%
At least 6 months, but less than 12 months.............. 50%
At least 90 days, but less than 6 months................ 40%
------------------------------------------------------------------------
NEW TIER STRUCTURE
------------------------------------------------------------------------
Percentage of
Maximum
Member Serves Benefit
Payable
------------------------------------------------------------------------
At least 36 months...................................... 100%
At least 30 continuous days on active duty and must be 100%
discharged due to service-connected disability.........
At least 30 months, but less than 36 months............. 90%
At least 24 months, but less than 30 months............. 80%
At least 18 months, but less than 24 months............. 70%
At least 6 months, but less than 18 months.............. 60%
At least 90 days, but less than 6 months................ 50%
------------------------------------------------------------------------
Section 105. Eligibility for Post-9/11 Educational Assistance for
Certain Members of Reserve Components of Armed Forces who Lost
Entitlement to Educational Assistance under Reserve Educational
Assistance Program
The Reserve Education Assistance Program (REAP) sunsetted
in November of 2015. Reservists who had eligibility for REAP,
but had not used any of these benefits before this date lost
eligibility. Many of these servicemembers lost such eligibility
due to no fault of their own, and the Committee believes it is
important to provide a bridge for these servicemembers to the
Post-9/11 GI Bill. This section would allow certain members of
the Reserve component to transfer into the Post-9/11 GI Bill
who lost educational assistance under REAP.
Section 106. Calculation of Monthly House Stipend under Post-9/11
Educational Assistance Program Based on Location of Campus
where Classes are Attended
Current law, section 3313(c)(1)(B)(i)(I) of title 38
U.S.C., authorizes VA to pay a Monthly House Allowance (MHA) to
beneficiaries of the Post-9/11 GI Bill, which is based on the
Basic Allowance for Housing (BAH) paid to active duty
servicemembers at the E-5 with dependents rate. This MHA is
based on the BAH rate for the ZIP code that the student's
school or training program enrollment is certified, which, in
some cases, is not necessarily where the school is actually
located or where the student takes their training. This creates
an inequity where a student could be receiving an MHA based on
the school's headquarters' location instead of where they are
attending the majority of their classes. The Committee believes
the intention of the drafters of the Post-9/11 GI Bill and the
MHA benefit was to meet the actual living expenses at the E-5
with dependents rate of where the student was living and
studying.
This section would address this issue and would require VA
to pay the MHA based on where the student attends the majority
of their classes and not where the school or training programs
actually certifies their enrollment. This section would
grandfather in current students and would apply such a change
to initial enrollments on or after August 1, 2018. The
Committee's intent is to give VA a methodology that is
administratively workable and also cannot be taken advantage of
by schools. If VA finds that the new methodology is not
workable or is still being taken advantage of, then it is the
Committee's expectation that VA will alert the Committee.
Section 107. Charge to Entitlement for Certain Licensure and
Certification Tests and National Tests under Department of
Veterans' Affairs Post-9/11 Educational Assistance
Section 3315 and 3315A of title 38, U.S.C., authorizes VA
pay for the costs associated with a beneficiary taking national
tests, such as Graduate Record Exam (GRE), Graduate Management
Admission Test (GMAT), and other tests that lead to a specific
license or credential. However, in order to have VA pay for
these tests, a beneficiary must use an entire month's worth of
entitlement, regardless of how much this test costs. Current
law authorizes those eligible for the Post-9/11 GI Bill at the
100% level with 36 months of education benefits. These months
are finite and the Committee believes that they should be used
judiciously to maximize the beneficiary's education and
training goals.
This section, therefore, would change the current rules
that require that a beneficiary be charged a whole month of
entitlement to pay for any national test or licensing
credentialing test and would instead require VA to prorate
entitlement to the amount of the actual cost of the test. The
Committee believes this is a common sense change that will help
students achieve academic success by making it easier to pay
for these important tests in an equitable fashion that does not
deplete their valuable months of entitlement to the GI Bill.
Section 108. Restoration of Entitlement to Post-9/11 Educational
Assistance for Veterans Affected by Closures of Educational
Institution
When institutions of higher education abruptly close due to
financial trouble, federal investigations, lawsuits, or other
factors, GI Bill beneficiaries in attendance at the time of the
closure often lose education benefits because they are unable
to complete their courses and gain or transfer credits. This is
also the case when VA initially approves a course of study and
then disapproves of it at a later date, often because it
changed its regulations or changed how it enforces its
regulations. Many of these veterans and their dependents also
suddenly lose access to vital supplemental income benefits,
like the MHA.
This section would restore some of those GI Bill benefits
and continue educational assistance payments in these
situations. Specifically, veterans whose schools closed or were
disapproved would not have the term during which their studies
were interrupted count toward the aggregate of their GI Bill
entitlement. Under this section they would also continue
receiving monthly education assistance payments, including the
MHA, through the end of the term, quarter, or semester in which
the school closes, or for up to 120 days from the date of the
school closure, whichever is less. This section would also
provide the VA Secretary with the ability to waive disapproval
of a course of study on a case-by-case basis to allow veterans
already pursuing that course of study to complete their
programs.
Additionally, those veterans whose schools closed between
January 1, 2015 and the date of enactment of this Act who are
unable to transfer their already-earned credits to another
eligible institution would not have the terms during which they
earned those credits count toward the aggregate of their GI
Bill entitlement.
To the maximum extent possible, the Committee also expects
the VA Secretary to coordinate with the Secretary of Education
on matters relating to outreach to students, transferring
credits for courses completed, teach-out plans (as defined in
section 487(f)(2) of the Higher Education Act of 1965 (20
U.S.C. 1094(f)(2))), discharging student loans, and carrying
out section 3312(d) of title 38, U.S.C., as added by this
section.
Section 109. Additional Authorized Transfer of Unused Post-9/11
Educational Assistance Benefits to Dependents upon Death of
Originally Designated Dependent
Section 3319 of title 38, U.S.C., provides for the ability
for eligible Post-9/11 GI Bill users to transfer some, or all,
of their 36 months of benefits to a dependent spouse or child.
In order to be eligible to transfer this benefit, a
servicemember must serve for six years on active duty and agree
to serve an additional four years on active duty. A
servicemember must make the decision to transfer these benefits
while on active duty and provide at least one month to each
dependent before the servicemember separates or retires from
active duty for their dependents to be eligible. The
servicemember is authorized to make changes to the allotment of
their 36 months of benefits at any point in their life, but
they are the only ones who may make such a change. While such
stringent requirements were put in place with the enactment of
the Post-9/11 GI Bill to ensure this benefit was not abused,
the Committee believes that situations have arisen since the
enactment of the law that need to be addressed to provide
fairness to certain groups of survivors when either the
servicemember or a dependent dies.
At the July 17, 2017 legislative hearing on this bill, Ms.
Ashlynne Haycock with Tragedy Assistance Providers for
Survivors (TAPS) highlighted two real-life cases where current
law is blocking common sense usage of the transferability
benefit:
From Coleen Bowman, surviving spouse:
``I am the widow of SGM Robert Bowman. Realizing the
importance of education, when the opportunity for
transferring the Post 9/11 GI bill arose, my husband
took advantage of the opportunity and designated myself
and our 4 daughters to be recipients of the benefit,
being told he could reapportion the benefit when the
time for their education came about. Unfortunately,
after exposure to environmental toxins, my husband
succumbed to cancer in January 2013. Before he died,
our then 13 year old daughter told him ``Dad, I promise
you I am going to go to college and do great things and
make you proud.'' This daughter is now almost 18 years
old, in her junior year of high school and doing very
well. She is in the top 20 percent of her class and
talks almost daily about how excited she is to go to
college and the things she needs to do in order to get
there.
I called the VA about 8 to 10 months ago and spoke to
someone about changing the allotted months from one
child to another, or myself to my daughters. We had 19
months of benefits that neither I nor her sister would
use. I was told ``The only person that can move the
months of benefits around is the service member/
veteran.'' I said ``You do understand he passed away in
2013?'' She said to me again ``Yes, ma'am, I understand
but again the only person who can move the months is
Robert Bowman.''
I was able to deal with all of my late husband's
estate, I am entrusted with all financial benefits for
our two youngest daughters, I certainly should be able
to manage their education benefits as well. My hope is
that this issue can be resolved and survivors like me
will be able to have some relief of stress in this
area.''
From Tammy McCracken, surviving spouse:
``Colonel David McCracken served honorably in the
Army and Army Reserves for over 20 years. During his
military career, he was deployed multiple times; during
his last tour he was activated as a reservist to deploy
to the Middle East. Upon return from his deployment, he
was diagnosed with brain cancer which was found to be
service-connected by the VA because of the link to burn
pit exposure in the Middle East. He was not on active-
duty orders nor training at the time of his death due
to illness, and his children are not eligible for the
Fry Scholarship. As he already had a Masters degree,
Col. McCracken knew he was never going to use his own
GI Bill benefits so when transferability became an
option he immediately transferred it to his 2 young
children. He transferred 35 months to his son and 1
month to his daughter thinking he could go back and
split it as they needed it later, but because he died
of wounds from his service it is stuck split that way.
Col. McCracken's son, Connor has received an ROTC
scholarship to Embry-Riddle Aeronautical University and
would like to give all 35 of his months to his sister
to use but because only the service member can make
adjustments to the amount of months each dependent
receives, Connor will have to let the 35 months he has
go to waste.''
This section would authorize a servicemember to transfer
remaining months of GI Bill entitlement to another dependent if
the dependent who originally received the transferred benefits
dies before they can use all of the benefits. The section would
also allow a dependent to transfer remaining months of GI Bill
entitlement to another dependent after the death of the
servicemember or veteran.
Section 110. Edith Nourse Rogers STEM Scholarship.
As the workforce needs of the country continue to evolve,
there has been a national emphasis placed on preparing American
students for the expected growth in the fields of Science,
Technology, Engineering, and Math (STEM). The U.S. Department
of Education expects the growth in these fields to
significantly outpace the growth of all other occupations
through the year 2020.\1\ At the July 17, 2017 legislative
hearing on H.R. 3218, Student Veterans of America cited a
report from Georgetown University's Center of Education and the
Workforce, ``The Economic Value of College Majors'', that found
that top-paying college majors earn a total $3.4 million more
than the lowest-paying majors over a lifetime and the top ten
highest paying majors are all in STEM fields, eight of which
are in engineering.\2\
---------------------------------------------------------------------------
\1\U.S. Department of Education, ``Science, Technology,
Engineering, and Math (STEM): Education for Global Leadership.''
https://www.ed.gov/stem
\2\Carnevale, Anthony, ``The Economic Value of College Majors'',
Georgetown University Center for Education and the Workforce, 2015,
https://cew.georgetown.edu/cew-reports/valueofcollegemajors/ 2--
---------------------------------------------------------------------------
This data shows that there is a demand for high paying STEM
occupations. The Committee believes that we should encourage
veterans to pursue these positions. To meet this obstacle,
there is clearly a need to increase the types of education
programs and opportunities that lead to STEM careers. The
difficulty that arises is that many of the programs that lead
to a degree in the STEM field can take longer to complete than
the current 36 months of eligibility provided to students under
the GI Bill. This section, therefore, would authorize VA to
provide a scholarship to provide additional GI Bill funds to
help a student veteran complete a STEM degree. Certain eligible
students would be eligible to apply for the program if they are
at least half way through a STEM degree and expect their GI
Bill benefits to be exhausted before completing their program.
The scholarship would pay for nine additional months of the
Post-9/11 GI Bill benefit, up to a maximum payment of $30,000.
The amount of money that could be spent on this program would
not exceed $100,000,000 in any one fiscal year and would be
phased in over time by authorizing $25,000,000 in fiscal year
2019; $75,000,000 for each of the fiscal years 2020 through
2022; and $100,000,000 for fiscal year 2023 and each subsequent
year. The scholarship would be known as the `Edith Nourse
Rogers STEM Scholarship' and is named for the late
Congresswoman Edith Norse Rogers, former Chairwoman of the
House Committee on Veterans' Affairs.
The Committee believes this extra benefit would help
student veterans and provide a positive return on investment
for the country and the country's national needs. Additionally,
the Committee expects VA to use this authority judiciously and
ensure that schools are not expanding the number of credit
hours needed to complete a STEM program so they can receive
additional tuition and fee payments.
Section 111. Honoring National Service of the Members Elimination of
Time Limitation for use of Entitlement
Section 3321(a) of title 38, U.S.C., limits the amount of
time that a beneficiary under the Post-9/11 GI Bill has to use
their entitlement to the date that is 15 years after the
servicemember's last discharge from active duty. This provision
is in line with past versions of the GI Bill that also included
a delimiting date for usage, albeit that those programs had a
10-year delimiting date. The Committee believes that these
restrictions on usage of the GI Bill are outdated and that the
benefit should be viewed as a lifetime benefit that could be
used by a beneficiary throughout their entire life. This
section, therefore, would eliminate the current time limitation
to use the GI Bill for new members of the Armed Forces and any
servicemember who first becomes entitled to this benefit on or
after January 1, 2013. This section would also eliminate the
15-year delimiting date for any child of a deceased
servicemember who first becomes entitled to such entitlement on
or after January 1, 2013.
Section 112. Monthly Stipend for Certain Members of the Reserve
Components of the Armed Forces Receiving Post-9/11 Educational
Assistance
Under current law, if a beneficiary of the Post-9/11 GI
Bill is serving as a Reservist and is called up for active duty
under title 10, U.S.C., they can lose an entire month's worth
of MHA payments even if they were only on active duty for one
day of the affected month. This leaves the Reservist at a
disadvantage as they do not receive payment from the U.S.
Department of Defense (DoD) when they are not on active duty
and with no MHA for the entire month they have to find some
other way to pay for their living expenses. The Committee
believes this inequity can be a disincentive to students from
continuing to serve in the Guard and Reserve and should be
addressed. This section, therefore, would require VA to prorate
the GI Bill MHA provided to Reservists who get called up for
active duty during the middle of a month to ensure that they
continue to receive their housing allowance.
Section 113. Improvement of Information Technology of the Veterans
Benefits Administration of the Department of Veterans Affairs
When VA began implementing the Post-9/11 G.I. Bill in 2009,
there were considerable processing delays due to an outdated
Information and Technology (IT) system that required VA to
process many claims manually. As VA found short-term
workarounds, Congress approved funding for VA to automate
processing through a system called the ``Long Term Solution''
(LTS). The goal of LTS was for most, if not all, claims to be
completed electronically without any human intervention.
VA took years and expended millions of dollars to complete
six different releases of the LTS. At a March 24, 2015
Subcommittee on Economic Opportunity legislative hearing, VA
stated that LTS activated the capability for end-to-end
automation of supplemental claims in September 2012. VA also
stated that currently over 80 percent of supplemental claims
are now completed without any human intervention; supplemental
claims are for current students who are simply re-certifying
that they are going to continue with their training or
education program. Furthermore, VA stated in their testimony
the following:
Currently, LTS is in a sustainment phase with only
minimal increases in functionality. Further development
would allow LTS to automate certificates of eligibility
and provide very fast service (possibly one day) for
some Veterans who apply for the Post-9/11 GI Bill, as
opposed to the current 16-day average processing time.
In addition, further development for supplemental
claims would allow LTS to produce increased
efficiencies in processing through additional
automation, while ensuring consistent and timely
service to Veterans.
Although VA has made progress processing supplemental
claims, LTS is now in sustainment mode, and VA has told the
Committee that there are no plans to automate the processing of
original or first time claims. The President's budget for FY
2018 did not include any new funding for LTS or additional
staff to process original claims, and predicted that it will
take, on average, 21 days to process an original claim; that is
three days longer than it took VA in FY 2015. The Committee is
pleased that supplemental claims are being adjudicated quickly,
but remains concerned that there is no plan to also fully
automate original claims. This is problematic, because housing
allowance checks and tuition payments to schools are critically
important for Post-9/11 GI Bill participants.
This section would require the Secretary, to the maximum
extent possible, to complete all Post-9/11 GI Bill benefit
claims electronically using rules-based processing with little,
to no, human intervention. Under this Section, VA would be
required to provide to the Committee a report on its plan to
implement new IT systems within 180 days of enactment. This
section would also authorize $30 million to fund these system
improvements.
Section 114. Department of Veterans Affairs High Technology Pilot
Program
As the jobs market for the country continues to change, the
education benefits provided to servicemembers should change
with it as well. In recent years, there has been a growth rate
in the need for high technology jobs. In a support letter from
the Technology Industry Council, they stated that, ``as of
today, there are approximately half a million open computing
jobs across the United States, with additional technology jobs
projected to grow at double the rate of all other fields in the
upcoming years.'' In order to fill these jobs there has been a
growth in high technology education programs or coding boot
camps. These are educational programs that are outside the
definition of traditional higher education as they are usually
short term in nature and focus on the core skills that are
needed to receive a job in the growing technology sector. The
problem is that many of these programs or boot camps don't meet
the requirements for eligibility for the GI Bill. The Committee
believes that there should be a way to allow veterans the
opportunity to take advantage of these programs and gain access
to high technology jobs.
This section would authorize VA to conduct a 5-year pilot
program that would provide veterans the opportunity to enroll
in high technology courses. VA would enter into contracts with
these schools or programs and would provide tuition and fees
payments on a sliding scale that incentivizes the schools to
graduate the student and ensure they find a job in their field
of study. The section would also authorize a living stipend
payment equal to the Post-9/11 rate to students while they are
using the benefit. The Committee believes that such a limited
pilot program is warranted to help these students find jobs in
this growing sector of the American economy. The Committee
expects VA to ensure when entering into contracts with
providers of these programs that it seeks providers who are
respected by leading technology employers, and to ensure that
employment lasts at least 6 months following program
completion. In doing so, the Committee expects VA to properly
administer this program so as not to allow subpar providers to
benefit from the funding without benefiting the veterans taking
part in the pilot program.
Section 115. Annual reports to Congress on information on student
progress submitted by educational institutions
Section 3326 of title 38, U.S.C., requires schools and
training programs authorized for GI Bill benefits to annually
provide information to VA on the academic progress of
beneficiaries using Post-9/11 GI Bill benefits. The Committee
believes it is important for Congress, and the public, to have
visibility on the success of student veterans at GI Bill
approved programs. This section, therefore, would simply
require an annual report to Congress on the results of the data
collection required by section 3326 of title 38, U.S.C.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
Section 201. Work Study Allowance
VA's work-study program allows certain veterans and
dependents enrolled in school through a VA educational program
to perform a certain number of hours of work in exchange for
compensation through VA's work study program. Eligible
individuals are able to work for up to 25 hours times the
number of weeks contained in an enrollment period. Participants
receive the greater of the State's minimum wage rate or the
national minimum wage rate under section 6(a) of the Fair Labor
Standards Act of 1938 (section 206(a) of title 29, U.S.C.).
Eligible work-study activities were expanded to the following
positions: (1) VA outreach services programs or outreach
services to servicemembers and veterans furnished by employees
of a SAA; (2) Hospital and domiciliary care and medical
treatment at VA facilities, and care to veterans in a state
home; and (3) Activities relating to the administration of a
national cemetery or a state veterans' cemetery.
This program gives veterans and dependents an alternative
means to supplement their income as they attend an institution
of higher learning. In recent years, the average student has
been leaving college with an average debt of $24,000 to cover
all college expenses. This program would help veterans mitigate
this debt while also getting work experience as they attend
school. This section, therefore, would amend section 3485(a)(4)
of title 38, U.S.C., by striking the expiration date of June
30, 2022 in each case that it appears and inserting ``any time
on or after June 30, 2017,'' to make the Work Study program
permanent.
Section 202. Duration of Educational Assistance under Survivors' and
Dependent' Educational Assistance Program
Section 3511(a) of title 38, U.S.C., authorizes
beneficiaries of the Survivors' and Dependents' Educational
Assistance Program up to 45 months of educational assistance.
This is in contrast to other GI Bill programs that provide 36
months of eligibility for educational assistance.
This section would change the number of months of
entitlement for individuals who become eligible for this
program from 45 months to 36 months. This change would only
apply to individuals that become entitled to this program on or
after August 1, 2018, to ensure current beneficiaries will not
be affected by this change. The Committee believes this re-
alignment is necessary and appropriate offset to pay for a
portion of the changes to this program that would be made by
section 203 of this bill.
Section 203. Olin E. Teague Increase in the Amounts of Educational
Assistance Payable Under Survivors' and Dependent' Educational
Assistance Program
Chapter 35 of title 38, U.S.C., the Survivors' and
Dependents' Educational Assistance Program, provides education
benefits to eligible surviving spouses and children. This
education benefit is paid directly to the beneficiary monthly
and is a flat amount. This program currently pays $1,224 per
month to eligible beneficiaries and, outside of minor
adjustments for cost of living adjustments, this payment amount
has not been increased since 2003.
At the July 17, 2017 legislative hearing on this bill, Ms.
Ashlynne Haycock with Tragedy Assistance Providers for
Survivors (TAPS) highlighted an example of one survivor who
could benefit from a change in the monthly rate provided by
Chapter 35:
From Carla Stumpf Patton, surviving spouse:
``As a surviving family of an active duty Marine who
died prior to 9/11, an increase in Chapter 35 benefits
would make a dramatic a difference in alleviating the
financial strain associated with the increasing rates
of college expenses for families of the fallen.
Families like ours are often excluded from other
funding programs that offer tremendous assistance to
families post 9/11; on top of the loss we have
experienced, this financial burden can be overwhelming.
Because I was pregnant at the time of my husband's
death and our child was born posthumously, it would be
eighteen years before our child needed educational
assistance and while there was some funding, it was not
nearly enough to cover tuition rates associated with
his school. We were excluded from other sources of
funding either due to the date of death or due to the
manner of death, leaving very few options for financial
assistance other than private scholarships and having
to take out large personal loans. Increasing the
current benefit will address the cost of living and
sky-rocketing college expenses our families our facing
in the 21st century.''
The Committee believes the monthly payments for this
program have clearly not kept pace with the true cost of
attending post-secondary education or training and they should
be increased. This section, therefore, would increase the
monthly payment for educational assistance provided under
Survivors' and Dependent' Educational Assistance Program by
$200 a month.
Section 301. State Approving Agency Funding
State Approving Agencies (SAAs) are authorized under
Chapter 36 of title 38, U.S.C., with the mission of approving
and monitoring education and training programs that use VA
education benefits. SAAs employ state employees and are
reimbursed for their expenses by VA out of the mandatory re-
adjustment account of VA's budget. Despite the additional
workload that SAA's have been tasked with, such as completing
compliance surveys and increased usage of the Post-9/11 GI
Bill, the funding for their reimbursement has been flat lined
since 2007. The Committee believes the work of the SAA's is
vital to the success of all VA education programs as they are
the front line staff tasked with ensuring veterans attend
quality education and training programs.
To help SAAs complete their mission, this section would
increase the funding out of VA's mandatory re-adjustment
account for SAAs from $19 million a year to $21 million for
fiscal year 2018 and to $23 million a year for each subsequent
fiscal year. This section would also authorize VA to provide an
additional $3 million in appropriations a year to the SAAs out
of the Department's general operating account. This section
would also, beginning in fiscal year 2019, require VA to
provide a cost of living adjustment increase to the SAAs budget
in an amount that equals the same percentage increase as
benefits provided under the Social Security Act.
Section 302. Authorization for Use of Post-9/11 Educational Assistance
to Pursue Independent Study Programs at Certain Educational
Institutions that are Not Institutions of Higher Learning
One of the historical values of GI Bill is the ability to
use education benefits at training and education programs like
career and technical education that are not at traditional
institutions of higher education. Due to recent changes in how
these types of schools provide training, several of them have
been disapproved for GI Bill benefits. The Committee believes
these programs provide another avenue for training for GI Bill
users to receive an education and the growth in use of online
education at these schools should be approved if the program is
appropriately accredited. This section would address this issue
and would authorize an eligible individual to use their GI Bill
benefits at an accredited independent study program (including
open circuit television) that is an area career and technical
education school or a postsecondary vocational school providing
postsecondary level education.
The Committee expects that VA will ensure that any
independent study program that would be authorized by this
section is recognized and accepted by employers in the
student's regional area as meeting employers' expectations for
employment in the student's field of study. The Committee also
expects that VA will properly administer this program so as not
to allow subpar providers to benefit from the GI Bill without
benefiting the GI Bill beneficiaries.
Section 303. Provision of Information on Priority Enrollment for
Veterans in Certain Courses of Education
Section 3698 of title 38, U.S.C., requires that VA create a
comprehensive policy to easily provide information to veterans
and other beneficiaries on GI Bill eligible schools. Through
this requirement, VA has created the GI Bill Comparison Tool,
which allows users to compare GI Bill eligible schools using
key measures that include affordability, performance data, and
other factors. The Committee believes this tool is a valuable
asset to students so they can make informed choices on which
school or training program will best suit their needs. It has
recently come to the Committee's attention that some schools
are voluntarily offering priority enrollment in classes to
veterans.
The Committee believes this is an invaluable benefit that
will assist student veterans so they are not closed out of
needed classes to complete their course of study in a finite
amount of time that they have before their benefits are
depleted. This section, therefore, would require VA to include
on its GI Bill Comparison Tool, information on whether a school
has a priority enrollment system in place that allows veterans
to enroll in courses earlier than other students attending the
school.
Section 304. Limitation on Use of Reporting Fees Payable to Educational
Institutions and Sponsors of Programs of Apprenticeship
Each GI Bill eligible institution or training program
designates a staff member, known as a School Certifying
Official (SCO), to certify the beneficiary's enrollment at
their school or program and handles all of the paperwork
associated with this enrollment. Current law authorizes VA to
pay $12 per certification directly to the school to help offset
the costs associated with submitting this paperwork. This
certification was reduced from $15 per certification to the $12
amount by section 412 of by P.L. 113-315, the Jeff Miller and
Richard Blumenthal Veterans Health Care and Benefits
Improvement Act of 2016.
The Committee believes that as more beneficiaries access
the Post-9/11 GI Bill and the cost of administering this
benefit at the institutional level increases, there is a need
to increase these reporting fees. This section would require VA
to provide $16 to the institution for each individual that they
certify as using GI Bill benefits at their institution.
Additionally, this section would also require that schools with
100 or more enrollees using GI Bill benefits, may not use the
funds received by the institution from the reporting fees for
the institution's general fund and that these funds may only be
used for veterans programs at that institution.
Section 305. Training for School Certifying Officials
There is high turnover in SCO positions at many schools and
training programs, which results in a lack of training on
complicated GI Bill information technology systems. Lack of an
SCO's training on these systems often leads to incorrect
certifications and overpayments. The U.S. Government
Accountability Office highlighted and recommended the need to
improve SCO training to reduce overpayments in their 2015
report entitled, ``Additional Actions Needed to Help Reduce
Overpayments and Increase Collections.\3\''
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\3\U.S. Government Accountability Office. ``Additional Actions
Needed to Help Reduce Overpayments and Increase Collections.'' October
21, 2015. https://www.gao.gov/products/GAO-16-42.
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This section would address the lack of training and would
require VA, in consultation with the SAAs, to provide
requirements for training for school certifying officials at
educational institutions that are approved for GI Bill
benefits. This section would also allow VA to disapprove a
course of education if a school does not ensure that the SCO
meets the training requirements.
Section 306. Extension of Authority for Advisory Committee on Education
Section 3692 of title 38, U.S.C., authorizes the Veterans
Advisory Committee on Education. This committee provides advice
to the Secretary on the administration of education and
training programs provided by VA. The Committee values the
input of this advisory committee and therefore this section
would extend the authority for this committee from December of
2017 through to December of 2022.
Section 307. Department of Veterans Affairs Provision of On-Campus
Educational and Vocational Counseling for Veterans
In 2009, VA began a pilot program at the University of
South Florida to provide a trained Vocational Rehabilitation
and Employment (VR&E;) counselor on this school's campus to
assist veterans with their transition from military to college
life, as well as to provide the student veterans with the
support and assistance needed to pursue their educational and
employment goals. In return, the school provided this counselor
an office and other office equipment to help them complete
their mission.
This pilot program has since been expanded to 94 campuses
nationwide and is known as the Veterans Success of Campus
Program (VSOC). Since the program's inception, the Committee
has been impressed with the results of the collaborative effort
between VA and these 94 campuses and believes this program
should be made a permanent program at VA. This section,
therefore, would simply codify this program into a new section
3697B of title 38, U.S.C.
Section 308. Provision of Information Regarding Veteran Entitlement to
Educational Assistance
One of the most common concerns that the Committee receives
from SCOs at GI Bill eligible schools, is that VA's current IT
system does not allow them to view a student veteran's
remaining GI Bill entitlement. This flaw in VA's system makes
it difficult for an SCO to quickly and properly advise a
student veteran on which educational programs they are eligible
to receive.
This section would address this issue and would require
that VA provide access to IT systems that would allow SCOs to
view a student veteran's eligibility for educational assistance
under title 38, U.S.C. This section would also allow the
veteran or their dependent (if they are a beneficiary of their
GI Bill benefits) to opt out of the school's ability to receive
such information from VA.
Section 309. Treatment, for Purposes of Educational Assistance
Administered by the Secretary of Veterans Affairs, of
Educational Courses that Begin Seven or Fewer Days after the
First Day of an Academic Year
The administration of the Post 9/11 GI bill can be
cumbersome and the Committee is always open to suggestions from
SCOs and other stakeholders on how to simplify administration
of this generous benefit. This section would implement a
suggestion provided to the Committee by SCOs that would provide
more flexibility to the SCOs if the first day of a course does
not start on the first day of an academic term. This section
would allow the SCO to certify the course as beginning on the
first day of the academic term for purposes of certifying a
veteran for GI Bill benefits.
TITLE IV--RESERVE COMPONENT BENEFITS
Section 401. Eligibility of Reserve Component Members for Post
9/11 Educational Assistance
When Congress expanded the authority of the DoD to deploy
National Guard and Reserve component forces on active duty
missions to support the combatant commands, it did not make
corresponding changes in the benefits for which these National
Guard and Reserve component service members are eligible. As
such, health, education, leave, pay, and retirement benefits
that active duty component troops are entitled to who are
serving the same functions have been denied to Guard and
Reserve component soldiers serving under section 12304 of title
10, U.S.C., authority.
Since the expansion of that authority, Guard and Reserve
components have been deployed on operations to support the
Multinational Force Observers mission in the Sinai, Egypt,
NATO's Operation Joint Guardian in Kosovo, and most recently,
the European Reassurance Initiative countering Russian
aggression in Eastern Europe. Utilization of Guard and Reserve
forces have provided a cost-effective means of meeting the
needs of combatant commanders with forces bringing important
experience and expertise.
This section rectifies part of the unequal treatment of
Guard and Reserve component soldiers serving on active duty
orders and would allow them to earn GI Bill eligibility while
serving on active duty orders in section 12304 of title 10,
U.S.C. The Committee believes this is a vital change to the
readiness, morale, and welfare of our Guard and Reserve
component service members.
Section 402. Time Limitation for Training and Rehabilitation for
Veterans with Service-Connected Disabilities
Section 3103(f) of title 38, U.S.C., extends the period of
eligibility for a veteran to use Vocational Rehabilitation and
Employment (VR&E;) benefits when they are called up for certain
types of active duty orders. Similar to the situation with
section 401 of this bill, 12304, 12304(a) and 12304(b) orders
are currently not included in the types of orders that can
extend VR&E; eligibility. To address this inequity similar to
the provisions of section 401, this section would add these
sections of title 10, U.S.C., orders to this list or approved
orders that extend VR&E; eligibility.
TITLE V--OTHER MATTERS
Section 501. Repeal Inapplicability of Modification of Basic Allowance
for Housing to Benefits under Laws Administered by Secretary of
Veterans Affairs
In the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (P.L. 113-291),
the annual percentage increase to active duty BAH payments was
reduced by 1% a year for five years, but GI Bill living
allowance payments (tied to the E-5 with dependents rate) were
exempt. This section would provide equity to the living stipend
payments for those using the Post-9/11 GI Bill (E-5 with
dependents rate) to the same BAH payments currently paid to
active duty servicemembers at the E-5 with dependents rate.
This section would also stipulate that these decreases to the
annual percentage increase would only be in effect for
individuals who first begin using their education benefits on
or after January 1, 2018. The Committee believes this provides
true equity between MHA for GI Bill users and BAH payments to
active duty servicemembers. The Committee believes that
Congress did intend such inequity and believes this change is
appropriate with the grandfather clause to ensure current
students do not experience a drop in their own MHA.
Section 502. Reconsideration of Previously Denied Claims for Disability
Compensation for Veterans who Allege Full-Body Exposure to
Nitrogen Mustard Gas, Sulfur Mustard Gas, or Lewisite During
World War II
According to VA and DoD, the DoD subjected approximately
4,000 servicemembers to full-body exposure to mustard gas or
Lewisite in the 1940s.\4\ As a result of such exposure, these
veterans may have developed serious diseases and conditions
and, therefore, would be eligible for veterans disability
benefits.
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\4\https://www.publichealth.va.gov/exposures/mustardgas/ (last
accessed July 19, 2017).
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Under current VA policy, former servicemembers who develop
a health condition\5\ that VA recognizes as linked to mustard
gas or Lewisite exposure must demonstrate that they were
subjected to full-body exposure during service to qualify for
compensation. Unfortunately, it may be difficult for veterans
to prove exposure because of the potential classified nature of
these experiments, in addition to the fact that many of the
paper records from the 1940s may have been lost or destroyed
since that time.
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\5\Such health conditions are enumerated in 38 C.F.R. 3.316(a).
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To make it easier for these veterans to receive benefits,
this section would require that VA review previously denied
claims of former servicemembers who allege that they were
subjected to full-body exposure to mustard gas or Lewisite.
Under the section, VA must presume that such veterans who had
filed applications for benefits prior to the enactment of this
bill were exposed to mustard gas or Lewisite, if he or she
served in specific locations where VA acknowledges that mustard
gas or Lewisite was tested. Furthermore, such exposure must be
consistent with the places, types, and circumstances of the
veteran's service. Lastly, any reasonable doubt in determining
the presumption must be resolved in favor of the veteran's
claim. However, the section clarifies that if there is
affirmative evidence that the veteran was not subjected to
full-body exposure to such chemicals, the veteran would not
receive the presumption. The section further states that the
Secretary may not determine that the testing of full-body
exposure did not occur solely based on information contained in
the DoD and VA Chemical Biological Warfare Database or any list
of known testing sites maintained by DoD or VA. The section
would also require DoD and VA to issue certain reports to
appropriate Congressional committees within 180 days of
enactment of this Act.
Hearings
On July 17, 2017, the full Committee held a legislative
hearing on H.R. 3218. The following witnesses testified:
The Honorable Kevin McCarthy, U.S. House of
Representatives, 23rd Congressional District,
California; The Honorable Mark Takano, U.S. House of
Representatives, 41st Congressional District,
California; The Honorable Gus Bilirakis, U.S. House of
Representatives, 12th Congressional District, Florida;
The Honorable Scott Peters, U.S. House of
Representatives, 52nd Congressional District,
California; The Honorable Mike Coffman, U.S. House of
Representatives, 6th Congressional District, Colorado;
The Honorable Brad Wenstrup, U.S. House of
Representatives, 2nd Congressional District, Ohio; The
Honorable John Rutherford, U.S. House of
Representatives, 4th Congressional District, Florida;
The Honorable Jim Banks, U.S. House of Representatives,
3rd Congressional District, Indiana; The Honorable Luke
Messer, U.S. House of Representatives, 6th
Congressional District, Indiana; The Honorable Paul
Cook, U.S. House of Representatives, 8th Congressional
District, California; Mr. Curtis L. Coy,Deputy Under
Secretary for Economic Opportunity, Veterans Benefits
Administration, U.S. Department of Veterans Affairs;
Mr. Patrick D. Murray, Associate Director, National
Legislative Service, Veterans of Foreign Wars of the
United States; Mr. William Hubbard, Vice President of
Government Affairs, Student Veterans of America; Mr.
John Kamin, Assistant Director, Veteran Employment and
Education, The American Legion; and Ms. Ashlynne
Haycock, Senior Coordinator, Education Support
Services, Tragedy Assistance Program for Survivors.
The following individuals and organizations submitted
statements for the record:
The Honorable David McKinley, U.S. House of
Representatives, 1st Congressional District, West
Virginia; The Honorable Markwayne Mullin, U.S. House of
Representatives, 2nd Congressional District, Oklahoma;
The Honorable Tim Ryan, U.S. House of Representatives,
13th Congressional District, Ohio; The Honorable Susan
Brooks, U.S. House of Representatives, 5th
Congressional District, Indiana; The Military Order of
the Purple Heart; the National Guard Association of the
United States; Veterans Education Success; Captain
Edward H. Hill; Vietnam Veterans of America; High
Ground Veterans Advocacy; and Iraq and Afghanistan
Veterans of America.
Subcommittee Consideration
There was no subcommittee consideration of H.R. 3218, as
amended.
Committee Consideration
On July 19, 2017, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 3218, as
amended, be reported favorably to the House of Representatives
by voice vote. During consideration of the bill, the following
amendments were considered:
An amendment in the nature of a substitute offered by
Chairman Roe of Tennessee made several technical and
conforming changes to the underlying bill. It also
changed some effective dates, including an initial
effective date for section 110 to August 1, 2019. These
changes were made to remain in line with budget
requirements. The amendment in the nature of a
substitute also made changes to the school closure
section (section 108) by ensuring that veterans
affected by the ITT Tech and Corinthian closures, would
receive full entitlement back for any credits they were
unable to transfer to another school. It would also
ensure that, going forward, any veterans affected by a
school closure would receive entitlement back for that
semester they are enrolled in when the school closes,
as well as a bridge payment of up to 4 months' worth of
housing allowances. The amendment in the nature of
substitute, as amended, was approved by voice vote.
An amendment to the amendment in the nature of a
substitute offered Representative Kathleen Rice of New
York added a new section 502 to require VA to make a
new determination regarding each claim for disability
compensation in connection with exposure to mustard gas
or Lewisite during active military, naval, or air
service during World War II that was denied before this
bill's enactment. The amendment to the amendment in the
nature of a substitute was agreed to by voice vote.
An amendment to the amendment in the nature of
substitute offered by Representative Jodey Arrington of
Texas would require VA to submit a report to Congress,
not later than March 1st of each year, summarizing the
information provided by educational institutions on
student progress for the preceding calendar year. This
information on student progress was included in PL 114-
315, the ``Jeff Miller and Richard Blumenthal Veterans
Health Care and Benefits Improvement Act of 2016.'' The
amendment to the amendment in the nature of a
substitute was agreed to by voice vote.
A motion by Ranking Member Tim Walz of Minnesota to report
H.R. 3218, as amended, favorably to the House of
Representatives was agreed to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 3218, as
amended, reported to the House.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 3218, as amended, are to provide
improvements to educational benefits provided to veterans.
Earmarks and Tax and Tariff Benefits
H.R. 3218, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(3)(B) of that Rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974. The Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office. The Committee believes, and according to a
preliminary score from the Congressional Budget Office, that
enactment of this bill would result in a savings of $205
million over the 2018-2027 period. Assuming the appropriation
of authorized amounts, the Committee estimates that the
legislation would also have a discretionary cost of $111
million over the 2018-2022 period.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Federal Mandates Statement
With respect to the requirements of Section 423 of the
Congressional Budget and Impoundment Control Act (as amended by
Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L.
104-4), the Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether the provisions of the reported bill include unfunded
mandates.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
3218, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 3218, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 3218, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3218, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
H.R. 3218, as amended, would require the Secretary of Veterans
Affairs to prescribe new regulations in regards to the
provisions of the school closure provision in section 108.
Section-by-Section Analysis of the Legislation
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
Section 101. Consideration of Certain Time Spent Receiving Medical Care
from Secretary of Defense as Active Duty for Purposes of
Eligibility for Post-9/11 Educational Assistance
Section 101(a) would amend section 3301(1)(B) by inserting
``12301(h)'' after ``12301(g),''.
Section 101(b) would apply the amendment made in section
101(a) to any service in the Armed Forces occurring on or after
September 11, 2001.
Section 101(c) would authorize any individual who is
entitled to educational assistance by reason of the amendment
made by subsection 101(a) to use such entitlement to pursue a
course of education beginning on or after August 1, 2018.
Section 102. Educational Assistance under Post-9/11 Educational
Assistance Program for Members of the Armed Forces Awarded the
Purple Heart
Section 102(a) would amend section 3311(b) of title 38,
U.S.C., by adding at the end the following new paragraph:
``(10) An individual who is awarded the Purple Heart for
service in the Armed Forces occurring on or after September 11,
2001, and continues to serve on active duty in the Armed Forces
or is discharged or released from active duty as described in
subsection (c).''.
Section 102(b) would amend section 3313(c)(1) of title 38,
U.S.C., by striking ``or (9)'' and inserting ``(9), or (10)''.
Section 102(c) would require the amendments made by the new
section 102 to take effect on August 1, 2018.
Section 103. Inclusion of Fry Scholarship Recipients and Purple Heart
Recipients in Yellow Ribbon G.I. Education Enhancement Program
Section 103(a) would amend the second sentence of section
3317(a) of title 38, U.S.C., by striking ``paragraphs (1) and
(2)'' and inserting ``paragraphs (1), (2), (9), and (10).
Section 103(b) would require the amendment made by the new
section 103(a) to take effect on August 1, 2018.
Section 104. Consolidation of Certain Eligibility Tiers under Post-9/11
Educational Assistance Program of the Department of Veterans
Affairs
Section 104(a) would further amend section 3311(b) of title
38, U.S.C., as amended by the new section 102, by striking ``12
months'' and inserting ``6 months'' in paragraph 6(A); by
striking paragraph (7); and by redesignating paragraphs (8),
(9), and (10) as paragraphs (7), (8), and (9), respectively.
Section 104(b) would amend section 3313(c) of title 38,
U.S.C., by striking paragraph (7).
Section 104(c) would make several conforming amendments to
Chapter 33 of title 38, U.S.C.
Section 104(d) would require the amendment made by this
section to take effect on August 1, 2020.
Section 105. Eligibility for Post-9/11 Educational Assistance for
Certain Members of Reserve Components of Armed Forces who Lost
Entitlement to Educational Assistance under Reserve Educational
Assistance Program
Section 105(a) would amend section 16167 of title 10,
U.S.C., by adding at the end the following new subsection:
``(c) Eligibility for Post-9/11 Educational Assistance--A
member who loses eligibility for benefits under this chapter
pursuant to subsection (b) shall be allowed to elect (in such
form and manner as the Secretary of Veterans Affairs may
prescribe) to have such service previously credited toward this
chapter credited towards establishing eligibility for
educational assistance under Chapter 33 of title 38,
notwithstanding the provisions of section 16163(e) of this
title or section 3322(h)(1) of title 38.''.
Section 105(b) would require that section 3301(1) of title
38, U.S.C., shall be construed to include, in the case of a
member of the Armed Forces who, before November 25, 2015,
established eligibility for educational assistance under
Chapter 1607 of title 10, U.S.C., pursuant to section
16163(a)(1) of such title, but lost eligibility for such
educational assistance pursuant to section 16167(b) of such
title, service on active duty (as defined in section 101 of
such title) that satisfies the requirements of section
16163(a)(1) of such title.
Section 105(c) would require that section 3311(b)(6) of
title 38, U.S.C., as amended by section 104(a) of this bill,
shall be construed to include an individual who, before
November 25, 2015, established eligibility for educational
assistance under Chapter 1607 of title 10, U.S.C., pursuant to
section 16163(b) of such title, but lost such eligibility
pursuant to section 16167(b) of such title.
Section 105(d) would require that, notwithstanding section
3312 of title 38, U.S.C., an individual who establishes
eligibility for educational assistance under Chapter 33 of such
title by crediting towards such chapter service previously
credited towards Chapter 1607 of title 10, U.S.C., is only
entitled to a number of months of educational assistance under
section 3313 of title 38, U.S.C., equal to the number of months
of entitlement remaining under Chapter 1607 of title 10,
U.S.C., at the time of conversion to Chapter 33 of title 38,
U.S.C.
Section 106. Calculation of Monthly Housing Stipend under Post-9/11
Educational Assistance Program Based on Location of Campus
Where Classes are Attended
Section 106(a) would amend section 3313(c)(1)(B)(i)(I) of
title 38, U.S.C., by striking ``the institution of higher
learning at which the individual is enrolled'' and inserting
``the campus of the institution of higher learning where the
individual physically participates in a majority of classes''.
Section 106(b) would require that the amendment made by the
new section 106(a) shall apply with respect to initial
enrollment in a program of education on or after August 1,
2018.
Section 107. Charge to Entitlement for Certain Licensure and
Certification Tests and National Tests under Department of
Veterans Affairs Post-9/11 Educational Assistance Program
Section 107(a) would amend subsection (c) of section 3315
of title 38, U.S.C., by striking ``shall be determined at the
rate of one month (rounded to the nearest whole month)'' and
inserting ``shall be pro-rated based on the actual amount of
the fee charged for the test relative to the rate for one
month''; and by striking ``for each amount paid that equals''
and inserting ``payable''.
Section 107(b) would amend section 3315A of title 38,
U.S.C., by adding at the end of subsection (a) the following
new paragraph: ``(3) A national test that evaluates prior
learning and knowledge and provides an opportunity for course
credit at an institution of higher learning as so described.''
Section 108(b) would also amend subsection (c) of 3315A of
title 38, U.S.C., by striking ``shall be determined at the rate
of one month (rounded to the nearest whole month)'' and
inserting ``shall be prorated based on the actual amount of the
fee charged for the test relative to the rate for one month'';
and by striking ``for each amount paid that equals'' and
inserting ``payable''.
Section 107(c) would amend section 3452(b) of title 38,
U.S.C., by striking ``and national tests providing'' and
inserting ``, national tests providing''; and by inserting
before the period at the end the following: ``, and national
tests that evaluate prior learning and knowledge and provides
an opportunity for course credit at an institution of higher
learning''.
Section 107(d) would require that the amendments made by
this Act shall apply to a test taken on or after August 1,
2018.
Section 108. Restoration of Entitlement to Educational Assistance and
Other Relief for Veterans Affected by School Closure or
Disapproval
Section 108(a) would amend Chapter 36 by adding at the end
the following new section: ``Sec. Effects of closure or
disapproval of educational institution.''
Sec. 3699(a) would stipulate that any payment of
educational assistance described in subsection (b) shall not be
charged against any entitlement to educational assistance of
the individual concerned; or be counted against the aggregate
period for which section 3695 of this title limits the receipt
of educational assistance by such individual.
Sec. 3699(b) would stipulate that, subject to subsection
(c), the payment of educational assistance described in this
paragraph is the payment of such assistance to an individual
for pursuit of a course of program of education at an
educational institution under Chapters 30, 32, 33, or 35 of
this title, or Chapter 1606 or 1607 of title 10, U.S.C., if the
Secretary determines that the individual: (1) was forced to
discontinue the pursuit of such course or program as a result
of the permanent closure of the educational institution; or the
disapproval of a course or a course that is a necessary part of
that program under this chapter by reason of a provision of law
enacted after the date on which the individual enrolls at such
institution affecting the approval or disapproval of courses
under this chapter or after the date on which the individual
enrolls at such institution, the Secretary prescribing or
modifying regulations or policies of the Department affecting
such approval or disapproval; and did not receive credit or
lost training time, toward completion of the program of
education being so pursued.
Sec. 3699(c) would stipulate that the period for which, by
reason of this subsection, educational assistance is not
charged against entitlement or counted toward the applicable
aggregate period under section 3695 of this title shall not
exceed the aggregate of the portion of the period of enrollment
in the course from which the individual failed to receive
credit or with respect to which the individual lost training
time as determined under subsection (b)(2), and the period by
which a monthly stipend is extended under section 3680(a)(2)(B)
of this title.
Sec. 3699(d) would allow the Secretary to treat a course of
education that is disapproved under this chapter as being
approved under this chapter with respect to an individual
described in paragraph (2) if the Secretary determines, on a
case-by-case basis, that such disapproval is the result of an
action described in clause (i) or (ii) of subsection (b)(1)(B);
and continuing pursuing such course is in the best interest of
the individual. Sec. 3699(d) would also prescribe that an
individual described in this paragraph is an individual who is
pursuing a course of education at an educational institution
under Chapters 30, 32, 33, or 35 of this title or Chapter 1606
or 1607 of title 10, U.S.C., as of the date on which the course
is disapproved under this chapter.
Section 108(b) would amend subsection (a) of section 3680
of title 38, U.S.C., by striking the matter after paragraph
(3)(B); by redesignating subparagraphs (A) and (B) in paragraph
(3) as clauses (i) and (ii), respectively; by redesignating
paragraphs (1) through (3) as subparagraphs (A) through (C),
respectively; in the matter preceding subparagraph (A), as
redesignated, in the first sentence, by striking ``Payment of''
and inserting ``(1) Except as provided in paragraph (2),
payment of''; and by adding at the end the following new
paragraph: ``(2) Notwithstanding paragraph (1), the Secretary
may, pursuant to such regulations as the Secretary shall
prescribe, continue to pay allowances to eligible persons
enrolled in courses set forth in paragraph (1)(A)-(A) during
periods when educational institutions are temporarily closed
under an established policy based on an Executive order of the
President or due to an emergency situation, except that the
total number of weeks for which allowances may continue to be
so payable in any 12-month period may not exceed four weeks; or
(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent closure of an educational institution, or
following the disapproval of a course of study described in
section 3699(b)(1(B) of this title, except that payment of such
a stipend may only be continued until the earlier of the date
of the end of the term, quarter, or semester during which the
closure or disapproval occurred; and the date that is 120 days
after the date of the closure or disapproval.''
Section 108(c) would require that the amendments made by
the new section 108(a) shall take effect on the date that is 90
days after the date of enactment of this Act; and shall apply
with respect to courses and programs of education discontinued
in section 3699 of title 38, U.S.C., as added by the new
subsection (a)(1), after January 1, 2015. Section 108(c) would
also make a special application with respect to courses and
programs of education discontinued as described in section 3699
of title 38, U.S.C., during the period beginning on January 1,
2015 and ending on the date of the enactment of this Act, an
individual who is unable to transfer credits from such program
of education shall be deemed to be an individual who did not
receive such credits. The Secretary would be required to
consult with the Secretary of Education to establish procedures
to determine whether credits are unable to be transferred.
Section 108(c) would also require that amendments made by
108(b) shall take effect on August 1, 2018 and shall apply with
respect to courses and programs of education discontinued as
described in the new section 3699 of title 38, U.S.C., as
created by this section, on or after the date of the enactment
of this Act.
Section 109. Additional Authorized Transfer of Unused Post-9/11
Educational Assistance Benefits to Dependents upon Death of
Originally Designated Dependent
Section 109(a) would amend section 3319 of title 38,
U.S.C., by inserting after ``section 3321'' the following: ``,
and except as provided in subsection (k) or (l),''; and by
adding at the end the following new subsection: ``(k)
Additional Transfer Upon Death of Dependent--In the case of a
dependent to whom entitlement to educational assistance is
transferred under this section who dies before using all of
such entitlement, the individual who transferred the
entitlement to the dependent may transfer any remaining
entitlement to a different eligible dependent, notwithstanding
whether the individual is serving as a member of the Armed
Forces when such transfer is executed. (l) Transfer by
Dependent--In the case of an individual who transfers
entitlement to educational assistance under this section who
dies before the dependent to whom entitlement to educational
assistance is so transferred has used all of such entitlement,
such dependent may transfer such entitlement to another
eligible dependent in accordance with the provisions of this
section.''
Section 109(b) would require that the amendments made by
this new section shall apply with respect to deaths occurring
on or after August 1, 2009; and would allow a dependent, to
whom entitlement is transferred under subsection (k) and (l) of
section 3319 of title 38, U.S.C., as added by subsection (a),
to use such entitlement to pursue a course of education
beginning on or after August 1, 2018.
Section 110. Edith Nourse Rogers STEM Scholarship
Section 110(a) would amend subchapter II of Chapter 33 by
adding at the end the following new section: ``Sec. 3320. Edith
Nourse Rogers STEM Scholarship.''
Sec. 3320(a) would require the Secretary, subject to the
limitation under subsection (f), to provide additional benefits
to eligible individuals selected by the Secretary under this
section. It would require that such additional benefits shall
be known as the `Edith Nourse Rogers STEM Scholarship'.
Sec. 3320(b) would stipulate that an eligible individual is
an individual: (1) who is or was entitled to educational
assistance under section 3311 of this title; (2) who has used
all of the educational assistance to which the individual is
entitled under this chapter or will, based on the individual's
rate of usage, use all of such assistance within 180 days of
applying for benefits under this section; (3) who applies for
assistance under this section; and (4) who is an individual who
is enrolled in a program of education leading to a post-
secondary degree that requires more than the standard 128
semester (or 192 quarter) credit hours for completion in
biological or biomedical science; physical science; science
technologies or technicians; computer and information science
and support services; mathematics or statistics; engineering;
engineering technologies or n engineering-related field; a
health profession or related program; a medical residency
program; or an agriculture science program or a natural
resources science program. The individual would also have to
have already completed at least 60 standard semester (or 90
quarter) credit hours in a field referred to earlier in the
subchapter or be an individual who has earned a post-secondary
degree in a field referred to in subparagraph (A)(i) and is
enrolled in a program of education leading to a teaching
certification.
Sec. 3320(c) would require the Secretary, when selecting
eligible individuals to receive additional benefits, to give
priority to the following individuals: (1) Individuals who
require the most credit hours described in subsection (b)(4);
and (2) Individuals who are entitled to educational assistance
under this chapter by reason of paragraph (1), (2), (8), or (9)
of section 3311(b) of this title.
Sec. 3320(d) would require the Secretary to pay each
eligible individual who receives additional benefits under this
section the monthly amount payable under section 3313 of this
title for not more than nine months of the program of education
in which the individual is enrolled, except that the aggregate
amount paid to an individual under this section may not exceed
$30,000. The Secretary would not be allowed to pay an
additional amount to an individual that exceeds that amount
payable under this section, and an individual who receives
additional benefits under this section may also receive amounts
payable by a college or university pursuant to section 3317 of
this title.
Sec. 3320(e) would stipulate that an individual who
receives additional benefits under this section may not
transfer any amount of such additional benefits under section
3319 of this title.
Sec. 3320(f) would stipulate that the total amount of
benefits paid to all eligible individuals under this section
may not exceed: (1) $25,000,000 for fiscal year 2019; (2)
$75,000,000 for each of fiscal years 2020 through 2022; (3)
$100,000,000 for fiscal year 2023 and each subsequent fiscal
year.''
Section 110(b) would make a clerical amendment to the table
of sections.
Section 110(c) would require that the new section 3320, of
title 38, U.S.C., as created by this section, shall take effect
on August 1, 2019.
Section 111. Honoring the National Service of Members of the Armed
Forces by Elimination of Time Limitation for Use of Entitlement
Section 111(a) would amend subsection (a) of section 3321
of title 38.U.S.C., by striking ``individual's entitlement''
and all that follows through the period and inserting
``individual's entitlement-''; and by adding at the end the
following new paragraphs: ``(1) in the case of an individual
who first becomes entitled to such entitlement before January
1, 2013, expires at the end of the 15-year period beginning on
the date of such individual's last discharge or release from
active duty; or (2) in the case of an individual who first
becomes entitled to such entitlement on or after January 1,
2013, shall not expire.''
Section 112(b) would amend subsection (b)(4) of such
section by inserting ``of this title'' after ``3311(b)(9)''; by
striking ``child's entitlement'' and all that follows through
the period and inserting ``child's entitlement-''; and by
adding at the end the following new subparagraphs: ``(A) in the
case of a child who first becomes entitled to such entitlement
before January 1, 2013, expires at the end of the 15-year
period beginning on the date of such child's eighteenth
birthday; or (B) in the case of a child who first becomes
entitled to such entitlement on or after January 1, 2013, shall
not expire.''
Section 112. Monthly Stipend for Certain Members of the Reserve
Components of the Armed Forces Receiving Post-9/11 Educational
Assistance
Section 112(a) would further amend section 3313 of title
38, U.S.C., by adding at the end the following new subsection:
``(j) Determination of Monthly Stipends During Certain Active
Duty Service.'' This new subsection would require: (1) the
Secretary, in any month in which an individual described in
paragraph (2) is performing active duty service described in
section 3301(1)(B) of this title, to determine the amount of
monthly stipends payable under this section for such month on a
pro rata basis for the period of such month in which the
covered individual is not performing such active duty service;
and (2) that an individual described in this paragraph is an
individual who is a member of the reserve components of the
Armed Forces; and who is pursuing a program of education using
educational assistance under this chapter.
Section 112(b) would require that the amendment made by
subsection (a) shall apply with respect to a quarter, semester,
or term, as applicable, commencing on or after August 1, 2018.
Section 113. Improvement of Information Technology of the Veterans
Benefits Administration of the Department of Veterans Affairs
Section 113(a) would require the Secretary, to the maximum
extent possible, to make such changes and improvements to the
information and technology system of the Veterans Benefits
Administration to ensure that: (1) to the maximum extent
possible, all original and supplemental claims for educational
assistance under Chapter 33 of title 38, U.S.C., are
adjudicated electronically; and (2) rules-based processing is
used to make decisions with respect to such claims with little
human intervention.
Section 113(b) would require the Secretary, not later than
180 days after the enactment of this Act, to submit a plan to
Congress to implement the changes and improvements described in
section 113(a).
Section 113(c) would require the Secretary, not later than
one year after the date of the enactment of this Act, to submit
to Congress a report on the implementation of the changes and
improvements described in section 113(a).
Section 113(d) would authorize to be appropriated to the
Secretary $30,000,000 to carry out this section during fiscal
years 2018 and 2019.
Section 114. Department of Veterans Affairs High Technology Pilot
Program
Section 114(a) would require the Secretary to carry out a
pilot program under which the Secretary shall provide eligible
veterans with the opportunity to enroll in high technology
programs of education.
Section 114(b) would stipulate that for purposes of the
pilot program under this section, an eligible veteran is a
veteran who is entitled to educational assistance under Chapter
30, 32, 33, 34, or 35 of title 38, U.S.C., or Chapter 1607 or
1607 of title 10, U.S.C.
Section 114(c) would: (1) Require the Secretary, by not
later than 180 days after August 1, 2018, to seek to enter into
contracts with any number of qualified providers of high
technology programs of education for the provision of such
programs to eligible veterans under the pilot program; (2)
Require the Secretary to pay the provider, upon enrollment of
an eligible veteran in the program, 25 percent of the cost of
the tuition and other fees for the program of education for the
veteran; upon completion of the program by the veteran, 25
percent of such cost; and upon the employment of the veteran in
the field of study of the program following completion of the
program, 50 percent of such cost; (3) Define a provider of a
high technology program of education as qualified if: the
provider has been operational for at least two years; the
provider has successfully provided the high technology program
for at least one year; and the provider meets the approval
criteria developed by the Secretary; (4) Require the Secretary
to develop criteria for approving providers for the pilot
program and would allow the Secretary, when developing such
criteria, to consult with State approving agencies, but that
the criteria is not required to meet the requirements in
section 3672 of title 38, U.S.C.; (5) Require the Secretary,
when entering into contracts to carry out the pilot program, to
give preference to a qualified provider that offers tuition
reimbursement for any student who completes a program offered
by the provider and who does not find full-time meaningful
employment in the field of study of the program within the 180-
day period beginning on the date the student completes the
program.
Section 114(d) would require the Secretary to pay each
eligible veteran who is enrolled in a high technology program
under this pilot program on a full-time basis a monthly housing
stipend equal to the product of: (1) the basic allowance for
housing payable under section 403 of title 37, U.S.C., for a
member with dependents in pay grade E-5 residing in the
military housing area that encompasses all or the majority
portion of the ZIP code area in which the institution is
located at which the individual is enrolled; or (2) in the case
of a veteran pursuing the program through distance learning, a
monthly amount equal to 50 percent of the amount payable under
subparagraph (A), multiplied by the lesser of 1.0 or the number
of course hours the individual is in pursuit of the program of
education involved, divided by the minimum number of course
hours required for full-time pursuit of such program, rounded
to the nearest multiple of ten.
Section 114(e) would define the term ``high technology
program of education'' as a program that: (1) is offered by an
entity other than an institution of higher learning; (2) does
not lead to a degree; and (3) provides instruction in computer
programming, computer software, media application, data
processing, or information sciences.
Section 114(f) would require the Secretary, not later than
one year after the date of the enactment of this Act and
annually thereafter, to submit a report to Congress on the
pilot program created by this section. Section 115(f) would
also require the Comptroller General of the United States, not
later than three years after the date on which the Secretary
first enters into a contract under this pilot program, to
submit a report containing the interim assessment of the pilot
program. The report would be required to include recommendation
to include the pilot program and as assessment on the
following: (1) The technology experience of the directors and
instructors of the providers of the programs under the pilot
program; (2) Whether the providers cooperated with the
technology industry to create the curriculum for the program of
education; (3) Whether the providers use an open source
curriculum for the program of education; (4) The admittance
rate into the pilot program; (5) The job placement rate for
veterans who completed a program of education under the pilot
program in the field of study of the program; (6) The average
salary of veterans who completed a program of education under
the pilot program and were subsequently employed; and (7) The
average age of veterans who participated in the pilot program.
The Comptroller General of the United States would also be
required to submit a final report on the pilot program to
Congress with respect to whether the program should be extended
and an assessment on each of the following: (1) Each item
required for the interim report; (2) The percentage of veterans
who completed a program of education under the pilot program
who were subsequently employed for a period of six months or
longer in a field of study of the program; and (3) The
percentage of veterans who completed a program of education
under the pilot program who were subsequently employed for a
period of less than six months in a field of study of the
program.
Section 114(g) would authorize $15,000,000 to fund the
pilot program for each fiscal year that the Secretary carries
out the program.
Section 114(h) would require the termination of the pilot
program on the date that is five years after the date on which
the Secretary first enters into a contract under this section.
Section 115. Annual Reports to Congress on Information on Student
Progress Submitted by Educational Institutions
Section 115 would amend section 3326 of title 38, U.S.C.,
by striking ``As a condition'' and inserting ``(a) Submittal of
Information by Educational Institutions.--As a condition''; and
by adding at the end the following new subparagraph: ``(b)
Reports to Congress.--Not later than March 1 of each year, the
Secretary shall submit to Congress a report that includes a
summary of the information provided by educational institutions
under subsection (a) for the calendar year preceding the year
during which such report is submitted.''.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
Section 201. Work-Study Allowance
Section 201 would amend section 3485(a)(4) by striking
``the period beginning on June 30, 2017, and ending on June 30,
2022,'' each place it appears and inserting ``any time on or
after June 30, 2017,''.
Section 202. Duration of Educational Assistance under Survivors' and
Dependents' Educational Assistance Program
Section 202 would amend section 3511(a)(1) of title 38,
U.S.C., by: (1) striking ``chapter for'' and all that follows
through the period and inserting ``chapter-``; (2) by adding at
the end the following new subparagraphs: ``(A) in the case of a
person who first enrolls in a program of education using such
entitlement before August 1, 2018, for an aggregate period not
in excess of 45 months (or to the equivalent thereof in part-
time training); or (B) in the case of a person who first
enrolls in a program of education using such entitlement on or
after August 1, 2018, for an aggregate period not in excess of
36 months (or to the equivalent thereof in part-time
training).''.
Section 203. Olin E. Teague Increase in Amounts of Educational
Assistance Payable under Survivors' and Dependents' Educational
Assistance Program
Section 203(a) would amend subsection (a) of section 3532
of title 38, U.S.C., by striking ``$788'' and inserting
``$1,224''; by striking ``$592'' and inserting ``$967''; by
striking ``$394'' and inserting ``$710''; and by striking
``$788'' and inserting ``$1,224'' in paragraph (2)(B). Section
203(b) would also amend subsection (b) of section 3532 of title
38, U.S.C., by striking ``$788'' and inserting ``$1,224''.
Section 203(b) would require that the amendments made by
section 203(a) shall apply with respect to a month that begins
on or after October 1, 2018.
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
Section 301. State Approving Agency Funding
Section 301(a) would amend section 3674(a) of title 38,
U.S.C., by: (1) striking ``out of amounts available for the
payment of readjustment benefits'' in paragraph (2)(A) and
inserting ``out of amounts in the Department of Veterans
Affairs readjustment benefits account and accounts appropriated
to the Secretary''; (2) redesignating paragraph (4) as
paragraph (5); (3) by inserting after paragraph (3) the
following new paragraph--``(4) In addition to amounts made
available under paragraph (5), there is authorized to be
appropriated to carry out this section $3,000,000 for fiscal
year 2019 and each subsequent year.''; and (4) in paragraph by
striking ``The total'' and inserting ``(A) The total''; by
striking ``for any fiscal year shall be $19,000,000'' and
inserting ``for fiscal year 2018 shall be $21,000,000 and for
fiscal year 2019 and thereafter shall be $23,000,000''; and by
adding at the end the following new subparagraph: ``(B)
Beginning in fiscal year 2019, whenever there is an increase in
benefit amounts payable under title II of the Social Security
Act (42 U.S.C. 401 et seq.) as a result of a determination made
under section 215(i) of such Act (42 U.S.C. 415(i)), the
Secretary shall, effective on the date of such increase in
benefit amounts, increase the amount in effect under
subparagraph (A), as in effect immediately prior to the date of
such increase in benefit amounts payable under title II of the
Social Security Act, by the same percentage as the percentage
by which such benefit amounts are increased.''.
Section 302. Authorization for use of Post-9/11 Educational Assistance
To Pursue Independent Study Programs at Certain Educational
Institutions That are Not Institutions of Higher Learning
Section 302 would amend paragraph (4) of section 3680A(a)
of title 38, U.S.C., to read as follows: ``(4) any independent
study program except an independent study program (including
such a program taken over open circuit television) that--(A) is
accredited by a nationally recognized accrediting agency; and
(B) leads--(i) to a standard college degree; (ii) to a
certificate that reflects educational attainment offered by an
institution of higher learning; or (iii) to a certificate that
reflects completion of a course of study offered by (I) an area
career and technical education school (as defined in
subparagraphs (C) and (D) of section 3(3) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302(3))) that provides education at the postsecondary level;
or (II) a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(2))) that provides education at the postsecondary
level.''.
Section 303. Provision of Information on Priority Enrollment for
Veterans in Certain Courses of Education
Section 303 would amend section 3698(c)(1) by making
several conforming changes and by adding at the end the
following new clause: ``(xi) information on whether the
institution administers a priority enrollment system that
allows certain student veterans to enroll in courses earlier
than other students.
Section 304. Limitation on Use of Reporting Fees Payable to Educational
Institutions and Sponsors of Programs of Apprenticeship
Section 304(a) would amend subsection (c) of section 3684
of title 38, U.S.C., to read as follows: ``(c)(1) The Secretary
may pay to any educational institution, or to the sponsor of a
program of apprenticeship, furnishing education or training
under either this chapter or chapter 31, 34, or 35 of this
title, a reporting fee which will be in lieu of any other
compensation or reimbursement for reports or certifications
which such educational institution or sponsor of a program of
apprenticeship is required to submit to the Secretary by law or
regulation. ``(2) Such reporting fee shall be computed for each
calendar year by multiplying $16 by the number of eligible
veterans or eligible persons enrolled under this chapter or
chapter 31, 34, or 35 of this title. The reporting fee shall be
paid to such educational institution or sponsor of a program of
apprenticeship as soon as feasible after the end of the
calendar year for which it is applicable. ``(3) No reporting
fee payable to an educational institution under this subsection
shall be subject to offset by the Secretary against any
liability of such institution for any overpayment for which
such institution may be administratively determined to be
liable under section 3685 of this title unless such liability
is not contested by such institution or has been upheld by a
final decree of a court of appropriate jurisdiction. ``(4) Any
reporting fee paid to an educational institution or sponsor of
a program of apprenticeship after the date of the enactment of
the Post-9/11 Veterans Educational Assistance Improvements Act
of 2011 (Public Law 111-377)--``(A) shall be utilized by such
institution or sponsor solely for the making of certifications
required under this chapter or chapter 31, 34, or 35 of this
title or for otherwise supporting programs for veterans; and
``(B) with respect to an institution that has 100 or more
enrollees described in paragraph (2) may not be used for or
merged with amounts available for the general fund of the
educational institution or sponsor of a program of
apprenticeship. ``(5) The reporting fee payable under this
subsection shall be paid from amounts appropriated for
readjustment benefits.''.
Section 304(b) would require that the amendment made by
section 304(a) shall take effect on August 1, 2018.
Section 305. Training for School Certifying Officials
Section 305(a) would require the Secretary, in consultation
with the State approving agencies, to set forth requirements
for the training of school certifying officials employed by
covered institutions of higher learning that are approved under
Chapter 36 of title 38, U.S.C. Section 305(a) would also
stipulate that if a covered educational institution does not
ensure that a school certifying official employed by the
institution meets such training requirements, then the
Secretary may disapprove any course of education offered by
such educational institution.
Section 305(b) would provide definitions for this section.
The term ``covered educational institution'' would mean an
institution that has enrolled 20 or more individuals who are
using educational assistance under title 38, U.S.C. The term
``school certifying official'' means an employee of an
educational with primary responsibility for certifying veteran
enrollments at that institution. The term ``State approving
agency'' means a department or agency of a State designated
under section 3671 of title 38, U.S.C.
Section 305(c) would require that the changes made in
section 305 shall take effect on August 1, 2018.
Section 306. Extension of Authority for Advisory Committee on Education
Section 306 would amend section 3692 of title 38, U.S.C, by
striking ``December 31, 2017'' and inserting ``December 31,
2022''.
Section 307. Department of Veterans Affairs Provision of On-Campus
Educational and Vocational Counseling for Veterans
Section 307(a) would amend Chapter 36 of title 38, U.S.C,
by inserting the following new section after section 3697(A):
``Sec. 3697B. On-campus educational and vocational
counseling''.
Sec. 3697B(a) would require the Secretary to provide
educational and vocational counseling services for individuals
described in section 3697(b) of this title at locations on the
campuses of institutions of higher learning selected by the
Secretary and such counseling services shall be provided by
Department employees who also provide such services under
section 3697A of this title.
Sec. 3697B(b) would require that an institution of higher
learning that is selected by the Secretary under this section
shall have an appropriate space on the campus of the
institution where counseling services can be provided. The
Secretary would be required, when seeking locations to carry
out this section, to select locations where the maximum number
of veterans would have access to such services.
Sec. 3697B(c) would require the Secretary, not later than
180 days after the date of enactment of this section, to submit
a report to Congress on the counseling locations provided under
this section. Such report shall include, for the year covered
by the report--(1) the average ratio of counselors providing
such services to individuals who received such services at each
location where such services were provided; (2) a description
of such services; (3) the recommendations of the Secretary for
improving the provision of such services; and (4) any other
matters the Secretary determines appropriate.''.
Section 307(b) would make a clerical amendment to the table
of sections of chapter 36 to insert the new section 3697B.
Section 308. Provision of Information Regarding Veteran Entitlement to
Educational Assistance
Section 308(a) would further amend subchapter II of Chapter
36 of title 38, U.S.C., by adding at the end the following new
section: ``Sec. 3699A. Provision of certain information to
educational institutions''.
Sec. 3699A(a) would require the Secretary, to make
available to an educational institution where individuals are
pursuing a course of education that has been approved under
this chapter for educational assistance to which the individual
is entitled under Chapter 30, 32, 33, or 35 of this title,
information about the amount of such educational assistance to
which the individual is entitled. Such information would be
required to be provided to such educational institution through
a secure information technology system accessible by the
educational institution and would be required to be regularly
updated to reflect the correct amounts used by the individual.
Sec. 3699A(b) would allow an individual pursuing a course
of education described in subsection (a) to elect not to
provide the information described in such subsection to an
educational institution in a manner prescribed by the
Secretary.
Section 308(b) would make a clerical amendment to the table
of sections by adding the new section 3699A.
Section 308(c) would require that the new section 3699A of
title 38, U.S.C., as added by this section, shall take effect
on August 1, 2018.
Section 309. Treatment, for Purposes of Educational Assistance
Administered by the Secretary of Veterans Affairs of
Educational Courses that Begin Seven or Fewer Days after the
First of an Academic Term
Section 309 would amend section 3684(a) by redesignating
paragraph (4) as paragraph (5); and by inserting after
paragraph (3) the following new paragraph: ``(4) A course
offered by an educational institution that does not begin on
the first day of an academic term, but does begin seven or
fewer days after such day, shall be treated as beginning on
such day for purposes for this section.''.
TITLE IV--RESERVE COMPONENT BENEFITS
Section 401. Eligibility of Reserve Component Members for Post-9/11
Educational Assistance
Section 401(a) would amend section 3301(1)(B) of title 38,
U.S.C., by striking ``or 12304'' and inserting ``12304, 12304a,
or 12304b''.
Section 401(b) would require that the amendment made by
section 401(a) shall apply with respect to service in the Armed
Forces occurring on or after the date of the enactment of the
Post-9/11 Veterans Educational Assistance Act of 2008 (Public
Law 110-252).
Section 401(c) would stipulate that an individual who is
entitled to educational assistance by reason of the amendment
made in section 401(a) may use such entitlement to pursue a
course of education beginning on or after August 1, 2018.
Section 402. Time Limitation for Training and Rehabilitation for
Veterans with Service-Connected Disabilities
Section 402 would amend section 3103(f) of title 38,
U.S.C., by striking ``or 12304'' and inserting ``12304, 12304a,
or 12304b''.
TITLE V--OTHER MATTERS
Section 501. Repeal Inapplicability of Modification of Basic Allowance
for Housing to Benefits under Laws Administered by Secretary of
Veterans Affairs
Section 501(a) would repeal subsection (b) of section 604
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 37 U.S.C., 403 note).
Section 501(b) would require that the amendment made by
501(a) shall take effect on January 1, 2018 and that it shall
apply with respect to individuals who first use their
entitlement to educational assistance under Chapter 33 of title
39, U.S.C., on or after such date.
Section 502. Reconsideration of Previously Denied Claims for Disability
Compensation for Veterans who Allege Full-Body Exposure to
Nitrogen Mustard Gas, Sulfur Mustard Gas, or Lewisite During
World War II
Section 502(a)(1) would require VA to reconsider certain
claims for compensation and make a new determination regarding
each such claim.
Section 502(a)(2) would define the claims VA must
reconsider pursuant to Section 502(a)(1).
Section 502(a)(3) would provide a list of locations where
the DOD and VA acknowledge that DOD subjected some to mustard
gas or Lewisite during World War II. Additionally, the bill
would authorize the Secretary of Veterans Affairs to add more
sites to this list, as appropriate.
Section 502(a)(4) would establish the factors that VA must
consider during the reconsideration of claims described in
Section 502(a)(1). Clarifies that VA may not determine that
testing of full-body exposure to a covered substance did not
occur based solely on: (1) information contained in the DOD and
VA Chemical Biological Warfare Database; or, (2) any list of
known sites of testing of full-body exposure to a covered
substance maintained by VA or DOD.
Section 502(a)(5) would require VA to presume, unless there
is affirmative evidence to establish otherwise, that the
veteran experienced such exposure during service during World
War II if the veteran served in one of the locations listed in
Section 502(a)(3); and, consistent with the places, types, and
circumstances of the veteran's service. Clarifies that VA shall
resolve any reasonable doubt in favor of the veteran.
Section 502(a)(6) would establish that the effective date
of the award of disability benefits shall not be earlier than
the date of the receipt of such claim.
Section 502(b) would require the DOD, not later than 180
days after the date of enactment of this Act, to investigate
and assess each site: (1) where the Army Corps of Engineers has
uncovered evidence of testing conducted by DOD during World War
II to assess the effects of full-body exposure to covered
substance on humans; or (2) where more than two veterans have
been denied claims for compensation in connection with exposure
to a covered substance at such site. Would require DOD to
submit a report to appropriate congressional committees and VA
on such testing, including a list of each location DOD
investigated and assessed; the dates of such testing; and, the
number of servicemembers who experienced full-body exposure to
a covered substance in each such testing.
Section 502(c) would require VA, not later than 180 days
after the date of enactment of this Act, to issue a report to
appropriate congressional committees and DOD on the actions
taken by VA to contact individuals who experienced full-body
exposure to a covered substance; the number of claims for
disability compensation arising from testing described in
section 5(b)(1); and, the percentage of such claims denied by
VA.
Section 502(d) would define the terms: ``active military,
naval, or air service;'' ``veteran;'' ``World War II;''
``appropriate congressional committees;'' ``covered
substance;'' and, ``full-body exposure.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
* * * * * * *
Sec. 3103. Periods of eligibility
(a) Except as provided in subsection (b), (c), (d), or (e) of
this section, a rehabilitation program may not be afforded to a
veteran under this chapter after the end of the twelve-year
period beginning on the date of such veteran's discharge or
release from active military, naval, or air service.
(b)(1) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility prescribed in subsection (a) of this section
because a medical condition of such veteran made it infeasible
for such veteran to participate in such a program, the twelve-
year period of eligibility shall not run during the period of
time that such veteran was so prevented from participating in
such a program, and such period of eligibility shall again
begin to run on the first day following such veteran's recovery
from such condition on which it is reasonably feasible, as
determined under regulations which the Secretary shall
prescribe, for such veteran to participate in such a program.
(2) In any case in which the Secretary determines
that a veteran has been prevented from participating in
a vocational rehabilitation program under this chapter
within the period of eligibility prescribed in
subsection (a) of this section because--
(A) such veteran had not met the requirement
of a discharge or release from active military,
naval, or air service under conditions other
than dishonorable before (i) the nature of such
discharge or release was changed by appropriate
authority, or (ii) the Secretary determined,
under regulations prescribed by the Secretary,
that such discharge or release was under
conditions other than dishonorable, or
(B) such veteran's discharge or dismissal
was, under section 5303 of this title, a bar to
benefits under this title before the Secretary
made a determination that such discharge or
dismissal is not a bar to such benefits,
the twelve-year period of eligibility shall not run
during the period of time that such veteran was so
prevented from participating in such a program.
(3) In any case in which the Secretary determines
that a veteran has been prevented from participating in
a vocational rehabilitation program under this chapter
within the period of eligibility prescribed in
subsection (a) of this section because such veteran had
not established the existence of a service-connected
disability rated at 10 percent or more, the twelve-year
period of eligibility shall not run during the period
such veteran was so prevented from participating in
such a program.
(c) In any case in which the Secretary determines that a
veteran is in need of services to overcome a serious employment
handicap, such veteran may be afforded a vocational
rehabilitation program after the expiration of the period of
eligibility otherwise applicable to such veteran if the
Secretary also determines, on the basis of such veteran's
current employment handicap and need for such services, that an
extension of the applicable period of eligibility is necessary
for such veteran and--
(1) that such veteran had not previously been
rehabilitated to the point of employability;
(2) that such veteran had previously been
rehabilitated to the point of employability but (A) the
need for such services had arisen out of a worsening of
such veteran's service-connected disability that
precludes such veteran from performing the duties of
the occupation for which such veteran was previously
trained in a vocational rehabilitation program under
this chapter, or (B) the occupation for which such
veteran had been so trained is not suitable in view of
such veteran's current employment handicap and
capabilities; or
(3) under regulations which the Secretary shall
prescribe, that an extension of the period of
eligibility of such veteran is necessary to accomplish
the purposes of a rehabilitation program for such
veteran.
(d) In any case in which the Secretary has determined that a
veteran's disability or disabilities are so severe that the
achievement of a vocational goal currently is not reasonably
feasible, such veteran may be afforded a program of independent
living services and assistance in accordance with the
provisions of section 3120 of this title after the expiration
of the period of eligibility otherwise applicable to such
veteran if the Secretary also determines that an extension of
the period of eligibility of such veteran is necessary for such
veteran to achieve maximum independence in daily living.
(e)(1) The limitation in subsection (a) shall not apply to a
rehabilitation program described in paragraph (2).
(2) A rehabilitation program described in this
paragraph is a rehabilitation program pursued by a
veteran under section 3102(b) of this title.
(f) In any case in which the Secretary has determined that a
veteran was prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility otherwise prescribed in this section as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, [or 12304] 12304, 12304a,
or 12304b of title 10, such period of eligibility shall not run
for the period of such active duty service plus four months.
* * * * * * *
CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
SUBCHAPTER I--DEFINITIONS
Sec.
3301. Definitions.
SUBCHAPTER II--EDUCATIONAL ASSISTANCE
* * * * * * *
3320. Edith Nourse Rogers STEM Scholarship.
* * * * * * *
SUBCHAPTER I--DEFINITIONS
Sec. 3301. Definitions
In this chapter:
(1) The term ``active duty'' has the meanings as
follows (subject to the limitations specified in
sections 3002(6) and 3311(b)):
(A) In the case of members of the regular
components of the Armed Forces, the meaning
given such term in section 101(21)(A).
(B) In the case of members of the reserve
components of the Armed Forces, service on
active duty under a call or order to active
duty under section 688, 12301(a), 12301(d),
12301(g), 12301(h), 12302, [or 12304] 12304,
12304a, or 12304b of title 10 or section 712 of
title 14.
(C) In the case of a member of the Army
National Guard of the United States or Air
National Guard of the United States, in
addition to service described in subparagraph
(B), full-time service--
(i) in the National Guard of a State
for the purpose of organizing,
administering, recruiting, instructing,
or training the National Guard; or
(ii) in the National Guard under
section 502(f) of title 32 when
authorized by the President or the
Secretary of Defense for the purpose of
responding to a national emergency
declared by the President and supported
by Federal funds.
(2) The term ``entry level and skill training'' means
the following:
(A) In the case of members of the Army, Basic
Combat Training and Advanced Individual
Training or One Station Unit Training.
(B) In the case of members of the Navy,
Recruit Training (or Boot Camp) and Skill
Training (or so-called ``A'' School).
(C) In the case of members of the Air Force,
Basic Military Training and Technical Training.
(D) In the case of members of the Marine
Corps, Recruit Training and Marine Corps
Training (or School of Infantry Training).
(E) In the case of members of the Coast
Guard, Basic Training and Skill Training (or
so-called ``A'' School).
(3) The term ``program of education'' has the meaning
given such term in section 3002, except to the extent
otherwise provided in section 3313.
(4) The term ``Secretary of Defense'' means the
Secretary of Defense, except that the term means the
Secretary of Homeland Security with respect to the
Coast Guard when it is not operating as a service in
the Navy.
SUBCHAPTER II--EDUCATIONAL ASSISTANCE
Sec. 3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001:
entitlement
(a) Entitlement.--Subject to subsections (d) and (e), each
individual described in subsection (b) is entitled to
educational assistance under this chapter.
(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
(1) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 36 months
on active duty in the Armed Forces (including
service on active duty in entry level and skill
training); and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty; or
(ii) is discharged or released from
active duty as described in subsection
(c).
(2) An individual who--
(A) commencing on or after September 11,
2001, serves at least 30 continuous days on
active duty in the Armed Forces; and
(B) after completion of service described in
subparagraph (A), is discharged or released
from active duty in the Armed Forces for a
service-connected disability.
(3) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 30
months, but less than 36 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 36 months; or
(ii) before completion of service on
active duty of an aggregate of 36
months, is discharged or released from
active duty as described in subsection
(c).
(4) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 24
months, but less than 30 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 30 months; or
(ii) before completion of service on
active duty of an aggregate of 30
months, is discharged or released from
active duty as described in subsection
(c).
(5) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 18
months, but less than 24 months, on active duty
in the Armed Forces (excluding service on
active duty in entry level and skill training);
and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 24 months; or
(ii) before completion of service on
active duty of an aggregate of 24
months, is discharged or released from
active duty as described in subsection
(c).
(6) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least [12
months] 6 months, but less than 18 months, on
active duty in the Armed Forces (excluding
service on active duty in entry level and skill
training); and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 18 months; or
(ii) before completion of service on
active duty of an aggregate of 18
months, is discharged or released from
active duty as described in subsection
(c).
[(7) An individual who--
[(A) commencing on or after September 11,
2001, serves an aggregate of at least 6 months,
but less than 12 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
[(B) after completion of service described in
subparagraph (A)--
[(i) continues on active duty for an
aggregate of less than 12 months; or
[(ii) before completion of service on
active duty of an aggregate of 12
months, is discharged or released from
active duty as described in subsection
(c).]
[(8)] (7) An individual who--
(A) commencing on or after September 11,
2001, serves an aggregate of at least 90 days,
but less than 6 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
(B) after completion of service described in
subparagraph (A)--
(i) continues on active duty for an
aggregate of less than 6 months; or
(ii) before completion of service on
active duty of an aggregate of 6
months, is discharged or released from
active duty as described in subsection
(c).
[(9)] (8) An individual who is the child or spouse of
a person who, on or after September 11, 2001, dies in
line of duty while serving on active duty as a member
of the Armed Forces.
(9) An individual who is awarded the Purple Heart for
service in the Armed Forces occurring on or after
September 11, 2001, and continues to serve on active
duty in the Armed Forces or is discharged or released
from active duty as described in subsection (c).
(c) Covered Discharges and Releases.--A discharge or release
from active duty of an individual described in this subsection
is a discharge or release as follows:
(1) A discharge from active duty in the Armed Forces
with an honorable discharge.
(2) A release after service on active duty in the
Armed Forces characterized by the Secretary concerned
as honorable service and placement on the retired list,
transfer to the Fleet Reserve or Fleet Marine Corps
Reserve, or placement on the temporary disability
retired list.
(3) A release from active duty in the Armed Forces
for further service in a reserve component of the Armed
Forces after service on active duty characterized by
the Secretary concerned as honorable service.
(4) A discharge or release from active duty in the
Armed Forces after service on active duty in the Armed
Forces characterized by the Secretary concerned as
honorable service for--
(A) a medical condition which preexisted the
service of the individual as described in the
applicable paragraph of subsection (b) and
which the Secretary determines is not service-
connected;
(B) hardship; or
(C) a physical or mental condition that was
not characterized as a disability and did not
result from the individual's own willful
misconduct but did interfere with the
individual's performance of duty, as determined
by the Secretary concerned in accordance with
regulations prescribed by the Secretary of
Defense.
(d) Prohibition on Treatment of Certain Service as Period of
Active Duty.--The following periods of service shall not be
considered a part of the period of active duty on which an
individual's entitlement to educational assistance under this
chapter is based:
(1) A period of service on active duty of an officer
pursuant to an agreement under section 2107(b) of title
10.
(2) A period of service on active duty of an officer
pursuant to an agreement under section 4348, 6959, or
9348 of title 10 or section 182 of title 14.
(3) A period of service that is terminated because of
a defective enlistment and induction based on--
(A) the individual's being a minor for
purposes of service in the Armed Forces;
(B) an erroneous enlistment or induction; or
(C) a defective enlistment agreement.
(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to educational
assistance under this chapter is entitled by reason of both
paragraphs (4) and (5) of subsection (b), the individual shall
be treated as being entitled to educational assistance under
this chapter by reason of paragraph (5) of subsection (b).
(f) Marine Gunnery Sergeant John David Fry Scholarship.--
(1) In general.--Educational assistance payable by
reason of [paragraph (9)] paragraph (8) of subsection
(b) shall be known as the ``Marine Gunnery Sergeant
John David Fry scholarship''.
(2) Limitation.--The entitlement of an individual to
assistance under subsection (a) pursuant to [paragraph
(9)] paragraph (8) of subsection (b) because the
individual was a spouse of a person described in such
paragraph shall expire on the earlier of--
(A) the date that is 15 years after the date
on which the person died; or
(B) the date on which the individual
remarries.
(3) Election on receipt of certain benefits.--Except
as provided in paragraph (4), a surviving spouse
entitled to assistance under subsection (a) pursuant to
[paragraph (9)] paragraph (8) of subsection (b) who is
also entitled to educational assistance under chapter
35 of this title may not receive assistance under both
this section and such chapter, but shall make an
irrevocable election (in such form and manner as the
Secretary may prescribe) under which section or chapter
to receive educational assistance.
(4) Exception for certain elections.--
(A) In general.--An election made under
paragraph (3) by a spouse described in
subparagraph (B) may not be treated as
irrevocable if such election occurred before
the date of the enactment of this paragraph.
(B) Eligible surviving spouse.--A spouse
described in this subparagraph is an
individual--
(i) who is entitled to assistance
under subsection (a) pursuant to
[paragraph (9)] paragraph (8) of
subsection (b); and
(ii) who was the spouse of a member
of the Armed Forces who died during the
period beginning on September 11, 2001,
and ending on December 31, 2005.
(5) Definition of child.--For purposes of [paragraph
(9)] paragraph (8) of subsection (b), the term
``child'' includes a married individual or an
individual who is above the age of twenty-three years.
* * * * * * *
Sec. 3313. Educational assistance: amount; payment
(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a program
covered by subsections (e) and (f)) the amounts specified in
subsection (c) to meet the expenses of such individual's
subsistence, tuition, fees, and other educational costs for
pursuit of such program of education.
(b) Approved Programs of Education.--A program of education
is an approved program of education for purposes of this
chapter if the program of education is approved for purposes of
chapter 30 (including approval by the State approving agency
concerned).
(c) Programs of Education Leading to a Degree Pursued at
Institutions of Higher Learning on More Than Half-time Basis.--
The amounts payable under this subsection for pursuit of an
approved program of education leading to a degree at an
institution of higher learning (as that term is defined in
section 3452(f)) are amounts as follows:
(1) In the case of an individual entitled to
educational assistance under this chapter by reason of
paragraph (1), (2), [or (9)] (8), or (9) of section
3311(b), amounts as follows:
(A) An amount equal to the following:
(i) In the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees.
(ii) In the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(B) A monthly stipend in an amount as
follows:
(i) Except as provided in clauses
(ii) and (iii), for each month an
individual pursues a program of
education on more than a half-time
basis, a monthly housing stipend equal
to the product of--
(I) the monthly amount of the
basic allowance for housing
payable under section 403 of
title 37 for a member with
dependents in pay grade E-5
residing in the military
housing area that encompasses
all or the majority portion of
the ZIP code area in which is
located [the institution of
higher learning at which the
individual is enrolled] the
campus of the institution of
higher learning where the
individual physically
participates in a majority of
classes, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(ii) In the case of an individual
pursuing a program of education at a
foreign institution of higher learning
on more than a half-time basis, for
each month the individual pursues the
program of education, a monthly housing
stipend equal to the product of--
(I) the national average of
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(iii) In the case of an individual
pursuing a program of education solely
through distance learning on more than
a half-time basis, a monthly housing
stipend equal to 50 percent of the
amount payable under clause (ii) if the
individual were otherwise entitled to a
monthly housing stipend under that
clause for pursuit of the program of
education.
(iv) For the first month of each
quarter, semester, or term, as
applicable, of the program of education
pursued by the individual, a lump sum
amount for books, supplies, equipment,
and other educational costs with
respect to such quarter, semester, or
term in the amount equal to--
(I) $1,000, multiplied by
(II) the fraction which is
the portion of a complete
academic year under the program
of education that such quarter,
semester, or term constitutes.
(2) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(3), amounts equal to 90 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(3) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(4), amounts equal to 80 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(4) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(5), amounts equal to 70 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(5) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(6), amounts equal to 60 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(6) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(7), amounts equal to 50 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
[(7) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(8), amounts equal to 40 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.]
(d) Frequency of Payment.--
(1) Quarter, semester, or term payments.--Payment of
the amounts payable under subsection (c)(1)(A), and of
similar amounts payable under [paragraphs (2) through
(7)] paragraphs (2) through (6) of subsection (c), for
pursuit of a program of education shall be made for the
entire quarter, semester, or term, as applicable, of
the program of education.
(2) Monthly payments.--Payment of the amount payable
under subsection (c)(1)(B), and of similar amounts
payable under [paragraphs (2) through (7)] paragraphs
(2) through (6) of subsection (c), for pursuit of a
program of education shall be made on a monthly basis.
(3) Regulations.--The Secretary shall prescribe in
regulations methods for determining the number of
months (including fractions thereof) of entitlement of
an individual to educational assistance under this
chapter that are chargeable under this chapter for an
advance payment of amounts under paragraphs (1) and (2)
for pursuit of a program of education on a quarter,
semester, term, or other basis.
(e) Programs of Education Leading to a Degree Pursued on
Active Duty on More Than Half-time Basis.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education leading to a degree while on active duty.
(2) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
pursuing a program of education leading to a degree
while on active duty are as follows:
(A) Subject to subparagraph (C), an amount
equal to the lesser of--
(i) in the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
(ii) in the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h);
or
(iii) the amount of the charges of
the educational institution as elected
by the individual in the manner
specified in section 3014(b)(1).
(B) Subject to subparagraph (C), for the
first month of each quarter, semester, or term,
as applicable, of the program of education
pursued by the individual, a lump sum amount
for books, supplies, equipment, and other
educational costs with respect to such quarter,
semester, or term in the amount equal to--
(i) $1,000, multiplied by
(ii) the fraction of a complete
academic year under the program of
education that such quarter, semester,
or term constitutes.
(C) In the case of an individual entitled to
educational assistance by reason of [paragraphs
(3) through (8)] paragraphs (3) through (7) of
section 3311(b), the amounts payable to the
individual pursuant to subparagraphs (A)(i),
(A)(ii), and (B) shall be the amounts otherwise
determined pursuant to such subparagraphs
multiplied by the same percentage applicable to
the monthly amounts payable to the individual
under [paragraphs (2) through (7)] paragraphs
(2) through (6) of subsection (c).
(3) Quarter, semester, or term payments.--Payment of
the amount payable under paragraph (2) for pursuit of a
program of education shall be made for the entire
quarter, semester, or term, as applicable, of the
program of education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at the rate of one month for each such month.
(f) Programs of Education Pursued on Half-Time Basis or
Less.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education on half-time basis or less whether a
program of education pursued on active duty, a program
of education leading to a degree, or a program of
education other than a program of education leading to
a degree.
(2) Amount of assistance.--The educational assistance
payable under this chapter to an individual pursuing a
program of education covered by this subsection on
half-time basis or less is the amounts as follows:
(A) The amount equal to the lesser of--
(i) the actual net cost for in-State
tuition and fees assessed by the
institution of higher learning for the
program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
or
(ii) the maximum amount that would be
payable to the individual for the
program of education under paragraph
(1)(A) of subsection (c), or under the
provisions of [paragraphs (2) through
(7)] paragraphs (2) through (6) of
subsection (c) applicable to the
individual, for the program of
education if the individual were
entitled to amounts for the program of
education under subsection (c) rather
than this subsection.
(B) A stipend in an amount equal to the
amount of the appropriately reduced amount of
the lump sum amount for books, supplies,
equipment, and other educational costs
otherwise payable to the individual under
subsection (c).
(3) Quarter, term, or semester payments.--Payment of
the amounts payable to an individual under paragraph
(2) for pursuit of a program of education on half-time
basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at a percentage of a month equal to--
(A) the number of course hours borne by the
individual in pursuit of the program of
education involved, divided by
(B) the number of course hours for full-time
pursuit of such program of education.
(g) Programs of Education Other Than Programs of Education
Leading to a Degree.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education other than a program of education leading
to a degree at an institution other than an institution
of higher learning (as that term is defined in section
3452(f)).
(2) Pursuit on half-time basis or less.--The payment
of educational assistance under this chapter for
pursuit of a program of education otherwise described
in paragraph (1) on a half-time basis or less is
governed by subsection (f).
(3) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
entitled to educational assistance under this chapter
who is pursuing an approved program of education
covered by this subsection are as follows:
(A) In the case of an individual enrolled in
a program of education (other than a program
described in subparagraphs (B) through (D)) in
pursuit of a certificate or other non-college
degree, the following:
(i) Subject to clause (iv), an amount
equal to the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965 (20 U.S.C.
1070a(b))) that is
provided directly to
the institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(ii) Except in the case of an
individual pursuing a program of
education on a half-time or less basis
and subject to clause (iv), a monthly
housing stipend equal to the product--
(I) of--
(aa) in the case of
an individual pursuing
resident training, the
monthly amount of the
basic allowance for
housing payable under
section 403 of title 37
for a member with
dependents in pay grade
E-5 residing in the
military housing area
that encompasses all or
the majority portion of
the ZIP code area in
which is located the
institution at which
the individual is
enrolled; or
(bb) in the case of
an individual pursuing
a program of education
through distance
learning, a monthly
amount equal to 50
percent of the amount
payable under item
(aa), multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education involved,
divided by the minimum
number of course hours
required for full-time
pursuit of such program
of education, rounded
to the nearest multiple
of 10.
(iii) Subject to clause (iv), a
monthly stipend in an amount equal to
$83 for each month (or pro rata amount
for a partial month) of training
pursued for books, supplies, equipment,
and other educational costs.
(iv) In the case of an individual
entitled to educational assistance by
reason of [paragraphs (3) through (8)]
paragraphs (3) through (7) of section
3311(b), the amounts payable pursuant
to clauses (i), (ii), and (iii) shall
be the amounts otherwise determined
pursuant to such clauses multiplied by
the same percentage applicable to the
monthly amounts payable to the
individual under [paragraphs (2)
through (7)] paragraphs (2) through (6)
of subsection (c).
(B) In the case of an individual pursuing a
full-time program of apprenticeship or other
on-job training, amounts as follows:
(i) Subject to clauses (iii) and
(iv), for each month the individual
pursues the program of education, a
monthly housing stipend equal to--
(I) during the first six-
month period of the program,
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5 residing in the
military housing area that
encompasses all or the majority
portion of the ZIP code area in
which is located the employer
at which the individual pursues
such program;
(II) during the second six-
month period of the program, 80
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(III) during the third six-
month period of the program, 60
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(IV) during the fourth six-
month period of such program,
40 percent of the monthly
amount of the basic allowance
for housing payable as
described in subclause (I); and
(V) during any month after
the first 24 months of such
program, 20 percent of the
monthly amount of the basic
allowance for housing payable
as described in subclause (I).
(ii) Subject to clauses (iii) and
(iv), a monthly stipend in an amount
equal to $83 for each month (or pro
rata amount for each partial month) of
training pursued for books supplies,
equipment, and other educational costs.
(iii) In the case of an individual
entitled to educational assistance by
reason of [paragraphs (3) through (8)]
paragraphs (3) through (7) of sections
3311(b), the amounts payable pursuant
to clauses (i) and (ii) shall be the
amounts otherwise determined pursuant
to such clauses multiplied by the same
percentage applicable to the monthly
amounts payable to the individual under
[paragraphs (2) through (7)] paragraphs
(2) through (6) of subsection (c).
(iv) In any month in which an
individual pursuing a program of
education consisting of a program of
apprenticeship or other on-job training
fails to complete 120 hours of
training, the amount of monthly
educational assistance allowance
payable under clauses (i) and (iii) to
the individual shall be limited to the
same proportion of the applicable rate
determined under this subparagraph as
the number of hours worked during such
month, rounded to the nearest eight
hours, bears to 120 hours.
(C) In the case of an individual enrolled in
a program of education consisting of flight
training (regardless of the institution
providing such program of education), an amount
equal to--
(i) the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$10,000; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or [(9)] (8) of section
3311(b), 100 percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of [paragraphs (3)
through (8)] paragraphs (3)
through (7) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under [paragraphs
(2) through (7)] paragraphs (2)
through (6) of subsection (c).
(D) In the case of an individual enrolled in
a program of education that is pursued
exclusively by correspondence (regardless of
the institution providing such program of
education), an amount equal to--
(i) the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution concerned for
the program of education after
the application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees.
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011, $8,500;
or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or [(9)] (8) of section
3311(b), 100 percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of [paragraphs (3)
through (8)] paragraphs (3)
through (7) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under [paragraphs
(2) through (7)] paragraphs (2)
through (6) of subsection (c).
(4) Frequency of payment.--
(A) Quarter, semester, or term payments.--
Payment of the amounts payable under paragraph
(3)(A)(i) for pursuit of a program of education
shall be made for the entire quarter, semester,
or term, as applicable, of the program of
education.
(B) Monthly payments.--Payment of the amounts
payable under paragraphs (3)(A)(ii) and
(3)(B)(i) for pursuit of a program of education
shall be made on a monthly basis.
(C) Lump sum payments.--
(i) Payment for the amount payable
under paragraphs (3)(A)(iii) and
(3)(B)(ii) shall be paid to the
individual for the first month of each
quarter, semester, or term, as
applicable, of the program education
pursued by the individual.
(ii) Payment of the amount payable
under paragraph (3)(C) for pursuit of a
program of education shall be made upon
receipt of certification for training
completed by the individual and
serviced by the training facility.
(D) Quarterly payments.--Payment of the
amounts payable under paragraph (3)(D) for
pursuit of a program of education shall be made
quarterly on a pro rata basis for the lessons
completed by the individual and serviced by the
institution.
(5) Charge against entitlement for certificate and
other non-college degree programs.--
(A) In general.--In the case of amounts paid
under paragraph (3)(A)(i) for pursuit of a
program of education, the charge against
entitlement to educational assistance under
this chapter of the individual for whom such
payment is made shall be one month for each
of--
(i) the amount so paid, divided by
(ii) subject to subparagraph (B), the
amount equal to one-twelfth of the
amount applicable in the academic year
in which the payment is made under
paragraph (3)(A)(i)(II).
(B) Pro rata adjustment based on certain
eligibility.--If the amount otherwise payable
with respect to an individual under paragraph
(3)(A)(i) is subject to a percentage adjustment
under paragraph (3)(A)(iv), the amount
applicable with respect to the individual under
subparagraph (A)(ii) shall be the amount
otherwise determined pursuant to such
subparagraph subject to a percentage adjustment
equal to the percentage adjustment applicable
with respect to the individual under paragraph
(3)(A)(iv).
(h) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under [paragraphs (2) through (7)]
paragraphs (2) through (6) of subsection (c)), (e)(2), and
(f)(2)(A), and under subparagraphs (A)(i), (C), and (D) of
subsection (g)(3), shall be paid directly to the educational
institution concerned.
(i) Determination of Housing Stipend Payments for Academic
Years.--Any monthly housing stipend payable under this section
during the academic year beginning on August 1 of a calendar
year shall be determined utilizing rates for basic allowances
for housing payable under section 403 of title 37 in effect as
of January 1 of such calendar year.
(j) Determination of Monthly Stipends During Certain Active
Duty Service.--
(1) Pro rata basis.--In any month in which an
individual described in paragraph (2) is performing
active duty service described in section 3301(1)(B) of
this title, the Secretary shall determine the amount of
monthly stipends payable under this section for such
month on a pro rata basis for the period of such month
in which the covered individual is not performing such
active duty service.
(2) Individual described.--An individual described in
this paragraph is an individual who is--
(A) a member of the reserve components of the
Armed Forces; and
(B) pursuing a program of education using
educational assistance under this chapter.
* * * * * * *
Sec. 3315. Licensure and certification tests
(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to payment
for licensing or certification tests described in section
3452(b).
(b) Limitation on Amount.--The amount payable under
subsection (a) for a licensing or certification test may not
exceed the lesser of--
(1) $2,000;
(2) the fee charged for the test; or
(3) the amount of entitlement available to the
individual under this chapter at the time of payment
for the test under this section.
(c) Charge Against Entitlement.--The charge against an
individual's entitlement under this chapter for payment for a
licensing or certification test [shall be determined at the
rate of one month (rounded to the nearest whole month)] shall
be pro-rated based on the actual amount of the fee charged for
the test relative to the rate for one month [for each amount
paid that equals] payable--
(1) for the academic year beginning on August 1,
2011, $1,460; or
(2) for an academic year beginning on any subsequent
August 1, the amount for the previous academic year
beginning on August 1 under this subsection, as
increased by the percentage increase equal to the most
recent percentage increase determined under section
3015(h).
Sec. 3315A. National tests
(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to
educational assistance for the following:
(1) A national test for admission to an institution
of higher learning as described in the last sentence of
section 3452(b).
(2) A national test providing an opportunity for
course credit at an institution of higher learning as
so described.
(3) A national test that evaluates prior learning and
knowledge and provides an opportunity for course credit
at an institution of higher learning as so described.
(b) Amount.--The amount of educational assistance payable
under this chapter for a test described in subsection (a) is
the lesser of--
(1) the fee charged for the test; or
(2) the amount of entitlement available to the
individual under this chapter at the time of payment
for the test under this section.
(c) Charge Against Entitlement.--The number of months of
entitlement charged an individual under this chapter for a test
described in subsection (a) [shall be determined at the rate of
one month (rounded to the nearest whole month)] shall be pro-
rated based on the actual amount of the fee charged for the
test relative to the rate for one month [for each amount paid
that equals] payable--
(1) for the academic year beginning on August 1,
2011, $1,460; or
(2) for an academic year beginning on any subsequent
August 1, the amount for the previous academic year
beginning on August 1 under this subsection, as
increased by the percentage increase equal to the most
recent percentage increase determined under section
3015(h).
Sec. 3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional
service
(a) Increased Assistance for Members With Critical Skills or
Specialty.--
(1) In general.--In the case of an individual who has
a skill or specialty designated by the Secretary
concerned as a skill or specialty in which there is a
critical shortage of personnel or for which it is
difficult to recruit or, in the case of critical units,
retain personnel, the Secretary concerned may increase
the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of
section 3313(c), or under [paragraphs (2) through (7)]
paragraphs (2) through (6) of such section (as
applicable).
(2) Maximum amount of increase in assistance.--The
amount of the increase in educational assistance
authorized by paragraph (1) may not exceed the amount
equal to the monthly amount of increased basic
educational assistance providable under section
3015(d)(1) at the time of the increase under paragraph
(1).
(b) Supplemental Assistance for Additional Service.--
(1) In general.--The Secretary concerned may provide
for the payment to an individual entitled to
educational assistance under this chapter of
supplemental educational assistance for additional
service authorized by subchapter III of chapter 30. The
amount so payable shall be payable as an increase in
the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of
section 3313(c), or under [paragraphs (2) through (7)]
paragraphs (2) through (6) of such section (as
applicable).
(2) Eligibility.--Eligibility for supplemental
educational assistance under this subsection shall be
determined in accordance with the provisions of
subchapter III of chapter 30, except that any reference
in such provisions to eligibility for basic educational
assistance under a provision of subchapter II of
chapter 30 shall be treated as a reference to
eligibility for educational assistance under the
appropriate provision of this chapter.
(3) Amount.--The amount of supplemental educational
assistance payable under this subsection shall be the
amount equal to the monthly amount of supplemental
educational assistance payable under section 3022.
(c) Continuation of Increased Educational Assistance.--
(1) In general.--An individual who made an election
to receive educational assistance under this chapter
pursuant to section 5003(c)(1)(A) of the Post-9/11
Veterans Educational Assistance Act of 2008 (38 U.S.C.
3301 note) and who, at the time of the election, was
entitled to increased educational assistance under
section 3015(d) or section 16131(i) of title 10 shall
remain entitled to increased educational assistance in
the utilization of the individual's entitlement to
educational assistance under this chapter.
(2) Rate.--The monthly rate of increased educational
assistance payable to an individual under paragraph (1)
shall be--
(A) the rate of educational assistance
otherwise payable to the individual under
section 3015(d) or section 16131(i) of title
10, as the case may be, had the individual not
made the election described in paragraph (1),
multiplied by
(B) the lesser of--
(i) 1.0; or
(ii) the number of course hours borne
by the individual in pursuit of the
program of education involved divided
by the minimum number of course hours
required for full-time pursuit of the
program of education, rounded to the
nearest multiple of 10.
(3) Frequency of payment.--Payment of the amounts
payable under paragraph (1) during pursuit of a program
of education shall be made on a monthly basis.
(d) Funding.--Payments for increased educational assistance
under this section shall be made from the Department of Defense
Education Benefits Fund under section 2006 of title 10 or from
appropriations available to the Department of Homeland Security
for that purpose, as applicable.
(e) Regulations.--The Secretaries concerned shall administer
this section in accordance with such regulations as the
Secretary of Defense shall prescribe.
Sec. 3317. Public-private contributions for additional educational
assistance
(a) Establishment of Program.--In instances where the
educational assistance provided pursuant to section
3313(c)(1)(A) does not cover the full cost of established
charges (as specified in section 3313), the Secretary shall
carry out a program under which colleges and universities can,
voluntarily, enter into an agreement with the Secretary to
cover a portion of those established charges not otherwise
covered under section 3313(c)(1)(A), which contributions shall
be matched by equivalent contributions toward such costs by the
Secretary. The program shall only apply to covered individuals
described in [paragraphs (1) and (2)] paragraphs (1), (2), (8),
and (9) of section 3311(b).
(b) Designation of Program.--The program under this section
shall be known as the ``Yellow Ribbon G.I. Education
Enhancement Program''.
(c) Agreements.--The Secretary shall enter into an agreement
with each college or university seeking to participate in the
program under this section. Each agreement shall specify the
following:
(1) The manner (whether by direct grant, scholarship,
or otherwise) of the contributions to be made by the
college or university concerned.
(2) The maximum amount of the contribution to be made
by the college or university concerned with respect to
any particular individual in any given academic year.
(3) The maximum number of individuals for whom the
college or university concerned will make contributions
in any given academic year.
(4) Such other matters as the Secretary and the
college or university concerned jointly consider
appropriate.
(d) Matching Contributions.--
(1) In general.--In instances where the educational
assistance provided an individual under section
3313(c)(1)(A) does not cover the full cost of tuition
and mandatory fees at a college or university, the
Secretary shall provide up to 50 percent of the
remaining costs for tuition and mandatory fees if the
college or university voluntarily enters into an
agreement with the Secretary to match an equal
percentage of any of the remaining costs for such
tuition and fees.
(2) Use of appropriated funds.--Amounts available to
the Secretary under section 3324(b) for payment of the
costs of this chapter shall be available to the
Secretary for purposes of paragraph (1).
(e) Outreach.--The Secretary shall make available on the
Internet website of the Department available to the public a
current list of the colleges and universities participating in
the program under this section. The list shall specify, for
each college or university so listed, appropriate information
on the agreement between the Secretary and such college or
university under subsection (c).
* * * * * * *
Sec. 3319. Authority to transfer unused education benefits to family
members
(a) In General.--
(1) Subject to the provisions of this section, the
Secretary concerned may permit an individual described
in subsection (b) who is entitled to educational
assistance under this chapter to elect to transfer to
one or more of the dependents specified in subsection
(c) a portion of such individual's entitlement to such
assistance, subject to the limitation under subsection
(d).
(2) The purpose of the authority in paragraph (1) is
to promote recruitment and retention in the uniformed
services. The Secretary concerned may exercise the
authority for that purpose when authorized by the
Secretary of Defense in the national security interests
of the United States.
(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the uniformed services who, at
the time of the approval of the individual's request to
transfer entitlement to educational assistance under this
section, has completed at least--
(1) six years of service in the Armed Forces and
enters into an agreement to serve at least four more
years as a member of the uniformed services; or
(2) the years of service as determined in regulations
pursuant to subsection (j).
(c) Eligible Dependents.--An individual approved to transfer
an entitlement to educational assistance under this section may
transfer the individual's entitlement as follows:
(1) To the individual's spouse.
(2) To one or more of the individual's children.
(3) To a combination of the individuals referred to
in paragraphs (1) and (2).
(d) Limitation on Months of Transfer.--The total number of
months of entitlement transferred by a individual under this
section may not exceed 36 months. The Secretary of Defense may
prescribe regulations that would limit the months of
entitlement that may be transferred under this section to no
less than 18 months.
(e) Designation of Transferee.--An individual transferring an
entitlement to educational assistance under this section
shall--
(1) designate the dependent or dependents to whom
such entitlement is being transferred;
(2) designate the number of months of such
entitlement to be transferred to each such dependent;
and
(3) specify the period for which the transfer shall
be effective for each dependent designated under
paragraph (1).
(f) Time for Transfer; Revocation and Modification.--
(1) Time for transfer.--Subject to the time
limitation for use of entitlement under section 3321,
and except as provided in subsection (k) or (l), an
individual approved to transfer entitlement to
educational assistance under this section may transfer
such entitlement only while serving as a member of the
Armed Forces when the transfer is executed.
(2) Modification or revocation.--
(A) In general.--An individual transferring
entitlement under this section may modify or
revoke at any time the transfer of any unused
portion of the entitlement so transferred.
(B) Notice.--The modification or revocation
of the transfer of entitlement under this
paragraph shall be made by the submittal of
written notice of the action to both the
Secretary concerned and the Secretary of
Veterans Affairs.
(3) Prohibition on treatment of transferred
entitlement as marital property.--Entitlement
transferred under this section may not be treated as
marital property, or the asset of a marital estate,
subject to division in a divorce or other civil
proceeding.
(g) Commencement of Use.--A dependent to whom entitlement to
educational assistance is transferred under this section may
not commence the use of the transferred entitlement until--
(1) in the case of entitlement transferred to a
spouse, the completion by the individual making the
transfer of at least--
(A) six years of service in the Armed Forces;
or
(B) the years of service as determined in
regulations pursuant to subsection (j); or
(2) in the case of entitlement transferred to a
child, both--
(A) the completion by the individual making
the transfer of at least--
(i) ten years of service in the Armed
Forces; or
(ii) the years of service as
determined in regulations pursuant to
subsection (j); and
(B) either--
(i) the completion by the child of
the requirements of a secondary school
diploma (or equivalency certificate);
or
(ii) the attainment by the child of
18 years of age.
(h) Additional Administrative Matters.--
(1) Use.--The use of any entitlement to educational
assistance transferred under this section shall be
charged against the entitlement of the individual
making the transfer at the rate of one month for each
month of transferred entitlement that is used.
(2) Nature of transferred entitlement.--Except as
provided under subsection (e)(2) and subject to
paragraphs (5) and (6)--
(A) in the case of entitlement transferred to
a spouse under this section, the spouse is
entitled to educational assistance under this
chapter in the same manner as the individual
from whom the entitlement was transferred; or
(B) in the case of entitlement transferred to
a child under this section, the child is
entitled to educational assistance under this
chapter in the same manner as the individual
from whom the entitlement was transferred as if
the individual were not on active duty.
(3) Rate of payment.--The monthly rate of educational
assistance payable to a dependent to whom entitlement
referred to in paragraph (2) is transferred under this
section shall be payable--
(A) in the case of a spouse, at the same rate
as such entitlement would otherwise be payable
under this chapter to the individual making the
transfer; or
(B) in the case of a child, at the same rate
as such entitlement would otherwise be payable
under this chapter to the individual making the
transfer as if the individual were not on
active duty.
(4) Death of transferor.--The death of an individual
transferring an entitlement under this section shall
not affect the use of the entitlement by the dependent
to whom the entitlement is transferred.
(5) Limitation on age of use by child transferees.--
(A) In general.--A child to whom entitlement
is transferred under this section may use the
benefits transferred without regard to the 15-
year delimiting date specified in section 3321,
but may not, except as provided in subparagraph
(B), use any benefits so transferred after
attaining the age of 26 years.
(B) Primary caregivers of seriously injured
members of the armed forces and veterans.--
(i) In general.--Subject to clause
(ii), in the case of a child who,
before attaining the age of 26 years,
is prevented from pursuing a chosen
program of education by reason of
acting as the primary provider of
personal care services for a veteran or
member of the Armed Forces under
section 1720G(a), the child may use the
benefits beginning on the date
specified in clause (iii) for a period
whose length is specified in clause
(iv).
(ii) Inapplicability for
revocation.--Clause (i) shall not apply
with respect to the period of an
individual as a primary provider of
personal care services if the period
concludes with the revocation of the
individual's designation as such a
primary provider under section
1720G(a)(7)(D).
(iii) Date for commencement of use.--
The date specified in this clause for
the beginning of the use of benefits by
a child under clause (i) is the later
of--
(I) the date on which the
child ceases acting as the
primary provider of personal
care services for the veteran
or member concerned as
described in clause (i);
(II) the date on which it is
reasonably feasible, as
determined under regulations
prescribed by the Secretary,
for the child to initiate or
resume the use of benefits; or
(III) the date on which the
child attains the age of 26
years.
(iv) Length of use.--The length of
the period specified in this clause for
the use of benefits by a child under
clause (i) is the length equal to the
length of the period that--
(I) begins on the date on
which the child begins acting
as the primary provider of
personal care services for the
veteran or member concerned as
described in clause (i); and
(II) ends on the later of--
(aa) the date on
which the child ceases
acting as the primary
provider of personal
care services for the
veteran or member as
described in clause
(i); or
(bb) the date on
which it is reasonably
feasible, as so
determined, for the
child to initiate or
resume the use of
benefits.
(6) Scope of use by transferees.--The purposes for
which a dependent to whom entitlement is transferred
under this section may use such entitlement shall
include the pursuit and completion of the requirements
of a secondary school diploma (or equivalency
certificate).
(7) Additional administrative provisions.--The
administrative provisions of this chapter shall apply
to the use of entitlement transferred under this
section, except that the dependent to whom the
entitlement is transferred shall be treated as the
eligible individual for purposes of such provisions.
(i) Overpayment.--
(1) Joint and several liability.--In the event of an
overpayment of educational assistance with respect to a
dependent to whom entitlement is transferred under this
section, the dependent and the individual making the
transfer shall be jointly and severally liable to the
United States for the amount of the overpayment for
purposes of section 3685.
(2) Failure to complete service agreement.--
(A) In general.--Except as provided in
subparagraph (B), if an individual transferring
entitlement under this section fails to
complete the service agreed to by the
individual under subsection (b)(1) in
accordance with the terms of the agreement of
the individual under that subsection, the
amount of any transferred entitlement under
this section that is used by a dependent of the
individual as of the date of such failure shall
be treated as an overpayment of educational
assistance under paragraph (1).
(B) Exception.--Subparagraph (A) shall not
apply in the case of an individual who fails to
complete service agreed to by the individual--
(i) by reason of the death of the
individual; or
(ii) for a reason referred to in
section 3311(c)(4).
(j) Regulations.--(1) The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of this section.
(2) Such regulations shall specify--
(A) the manner of authorizing the transfer of
entitlements under this section;
(B) the eligibility criteria in accordance
with subsection (b); and
(C) the manner and effect of an election to
modify or revoke a transfer of entitlement
under subsection (f)(2).
(k) Additional Transfer Upon Death of Dependent.--In the case
of a dependent to whom entitlement to educational assistance is
transferred under this section who dies before using all of
such entitlement, the individual who transferred the
entitlement to the dependent may transfer any remaining
entitlement to a different eligible dependent, notwithstanding
whether the individual is serving as a member of the Armed
Forces when such transfer is executed.
(l) Transfer by Dependent.--In the case of an individual who
transfers entitlement to educational assistance under this
section who dies before the dependent to whom entitlement to
educational assistance is so transferred has used all of such
entitlement, such dependent may transfer such entitlement to
another eligible dependent in accordance with the provisions of
this section.
Sec. 3320. Edith Nourse Rogers STEM Scholarship
(a) In General.--Subject to the limitation under subsection
(f), the Secretary shall provide additional benefits to
eligible individuals selected by the Secretary under this
section. Such benefits shall be known as the ``Edith Nourse
Rogers STEM Scholarship''.
(b) Eligibility.--For purposes of this section, an eligible
individual is an individual--
(1) who is or was entitled to educational assistance
under section 3311 of this title;
(2) who has used all of the educational assistance to
which the individual is entitled under this chapter or
will, based on the individual's rate of usage, use all
of such assistance within 180 days of applying for
benefits under this section;
(3) who applies for assistance under this section;
and
(4) who--
(A) is an individual who--
(i) is enrolled in a program of
education leading to a post-secondary
degree that requires more than the
standard 128 semester (or 192 quarter)
credit hours for completion in--
(I) biological or biomedical
science;
(II) physical science;
(III) science technologies or
technicians;
(IV) computer and information
science and support services;
(V) mathematics or
statistics;
(VI) engineering;
(VII) engineering
technologies or an engineering-
related field;
(VIII) a health profession or
related program;
(IX) a medical residency
program; or
(X) an agriculture science
program or a natural resources
science program; and
(ii) has completed at least 60
standard semester (or 90 quarter)
credit hours in a field referred to in
clause (i); or
(B) is an individual who has earned a post-
secondary degree in a field referred to in
subparagraph (A)(i) and is enrolled in a
program of education leading to a teaching
certification.
(c) Priority.--In selecting eligible individuals to receive
additional benefits under this section, the Secretary shall
give priority to the following individuals:
(1) Individuals who require the most credit hours
described in subsection (b)(4).
(2) Individuals who are entitled to educational
assistance under this chapter by reason of paragraph
(1), (2), (8), or (9) of section 3311(b) of this title.
(d) Amount of Assistance.--(1) The Secretary shall pay to
each eligible individual who receives additional benefits under
this section the monthly amount payable under section 3313 of
this title for not more than nine months of the program of
education in which the individual is enrolled (adjusted with
respect to the individual pursuant to section 3313(c), as
appropriate), except that the aggregate amount paid to an
individual under this section may not exceed $30,000.
(2) The Secretary may not pay to such an individual an amount
in addition to the amount payable under paragraph (1) by reason
of section 3317 of this title.
(3) An individual who receives additional benefits under this
section may also receive amounts payable by a college or
university pursuant to section 3317 of this title.
(e) Prohibition on Transfer.--An individual who receives
additional benefits under this section may not transfer any
amount of such additional benefits under section 3319 of this
title.
(f) Maximum Amount of Total Assistance.--The total amount of
benefits paid to all eligible individuals under this section
may not exceed--
(1) $25,000,000 for fiscal year 2019;
(2) $75,000,000 for each of fiscal years 2020 through
2022; and
(3) $100,000,000 for fiscal year 2023 and each
subsequent fiscal year.
SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
Sec. 3321. Time limitation for use of and eligibility for entitlement
(a) In General.--Except as provided in this section, the
period during which an individual entitled to educational
assistance under this chapter may use such [individual's
entitlement expires at the end of the 15-year period beginning
on the date of such individual's last discharge or release from
active duty.] individual's entitlement--
(1) in the case of an individual who first becomes
entitled to such entitlement before January, 1, 2013,
expires at the end of the 15-year period beginning on
the date of such individual's last discharge or release
from active duty; or
(2) in the case of an individual who first becomes
entitled to such entitlement on or after January 1,
2013, shall not expire.
(b) Exceptions.--
(1) Applicability of section 3031 to running of
period.--Subsections (b), (c), and (d) of section 3031
shall apply with respect to the running of the 15-year
period described in subsection (a) of this section in
the same manner as such subsections apply under section
3031 with respect to the running of the 10-year period
described in section 3031(a).
(2) Applicability of section 3031 to termination.--
Section 3031(f) shall apply with respect to the
termination of an individual's entitlement to
educational assistance under this chapter in the same
manner as such section applies to the termination of an
individual's entitlement to educational assistance
under chapter 30, except that, in the administration of
such section for purposes of this chapter, the
reference to section 3013 shall be deemed to be a
reference to section 3312 of this title.
(3) Determination of last discharge or release.--For
purposes of subsection (a), an individual's last
discharge or release from active duty shall not include
any discharge or release from a period of active duty
of less than 90 days of continuous service, unless the
individual is discharged or released as described in
section 3311(b)(2).
(4) Applicability to children of deceased members.--
The period during which a child entitled to educational
assistance by reason of [section 3311(b)(9)] section
3311(b)(8) of this title may use such [child's
entitlement expires at the end of the 15-year period
beginning on the date of such child's eighteenth
birthday.] child's entitlement--
(A) in the case of a child who first becomes
entitled to such entitlement before January 1,
2013, expires at the end of the 15-year period
beginning on the date of such child's
eighteenth birthday; or
(B) in the case of a child who first becomes
entitled to such entitlement on or after
January 1, 2013, shall not expire.
Sec. 3322. Bar to duplication of educational assistance benefits
(a) In General.--An individual entitled to educational
assistance under this chapter who is also eligible for
educational assistance under chapter 30, 31, 32, or 35 of this
title, chapter 107, 1606, or 1607 or section 510 of title 10,
or the provisions of the Hostage Relief Act of 1980 (Public Law
96-449; 5 U.S.C. 5561 note) may not receive assistance under
two or more such programs concurrently, but shall elect (in
such form and manner as the Secretary may prescribe) under
which chapter or provisions to receive educational assistance.
(b) Inapplicability of Service Treated Under Educational Loan
Repayment Programs.--A period of service counted for purposes
of repayment of an education loan under chapter 109 of title 10
may not be counted as a period of service for entitlement to
educational assistance under this chapter.
(c) Service in Selected Reserve.--An individual who serves in
the Selected Reserve may receive credit for such service under
only one of this chapter, chapter 30 of this title, and
chapters 1606 and 1607 of title 10, and shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter such service is to be credited.
(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter 30,
31, 32, or 35 of this title, chapter 107, 1606, or 1607 of
title 10, or the provisions of the Hostage Relief Act of 1980,
or making contributions toward entitlement to educational
assistance under chapter 30 of this title, as of August 1,
2009, coordination of entitlement to educational assistance
under this chapter, on the one hand, and such chapters or
provisions, on the other, shall be governed by the provisions
of section 5003(c) of the Post-9/11 Veterans Educational
Assistance Act of 2008.
(e) Bar To Concurrent Receipt of Transferred Education
Benefits and Marine Gunnery Sergeant John David Fry Scholarship
Assistance.--An individual entitled to educational assistance
under both sections [3311(b)(9)] 3311(b)(8) and 3319 may not
receive assistance under both provisions concurrently, but
shall elect (in such form and manner as the Secretary may
prescribe) under which provision to receive educational
assistance.
(f) Bar To Receipt of Compensation and Pension and Marine
Gunnery Sergeant John David Fry Scholarship Assistance.--The
commencement of a program of education under section
[3311(b)(9)] 3311(b)(8) shall be a bar to the following:
(1) Subsequent payments of dependency and indemnity
compensation or pension based on the death of a parent
to an eligible person over the age of 18 years by
reason of pursuing a course in an educational
institution.
(2) Increased rates, or additional amounts, of
compensation, dependency and indemnity compensation, or
pension because of such a person, whether eligibility
is based upon the death of the parent.
(g) Bar To Concurrent Receipt of Transferred Education
Benefits.--A spouse or child who is entitled to educational
assistance under this chapter based on a transfer of
entitlement from more than one individual under section 3319
may not receive assistance based on transfers from more than
one such individual concurrently, but shall elect (in such form
and manner as the Secretary may prescribe) under which source
to utilize such assistance at any one time.
(h) Bar To Duplication of Eligibility Based on a Single Event
or Period of Service.--
(1) Active-duty service.--An individual with
qualifying service in the Armed Forces that establishes
eligibility on the part of such individual for
educational assistance under this chapter, chapter 30
or 32 of this title, and chapter 1606 or 1607 of title
10, shall elect (in such form and manner as the
Secretary may prescribe) under which authority such
service is to be credited.
(2) Eligibility for educational assistance based on
parent's service.--A child of a member of the Armed
Forces who, on or after September 11, 2001, dies in the
line of duty while serving on active duty, who is
eligible for educational assistance under either
section [3311(b)(9)] 3311(b)(8) or chapter 35 of this
title based on the parent's death may not receive such
assistance under both this chapter and chapter 35 of
this title, but shall elect (in such form and manner as
the Secretary may prescribe) under which chapter to
receive such assistance.
* * * * * * *
Sec. 3326. Report on student progress
(a) Submittal of Information by Educational Institutions.--As
a condition of approval under chapter 36 of this title of a
course offered by an educational institution (as defined in
section 3452 of this title), each year, each educational
institution (as so defined) that received a payment in that
year on behalf of an individual entitled to educational
assistance under this chapter shall submit to the Secretary
such information regarding the academic progress of the
individual as the Secretary may require.
(b) Reports to Congress.--Not later than March 1 of each
year, the Secretary shall submit to Congress a report that
includes a summary of the information provided by educational
institutions under subsection (a) for the calendar year
preceding the year during which such report is submitted.
* * * * * * *
CHAPTER 34--VETERANS' EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER I--PURPOSE--DEFINITIONS
* * * * * * *
Sec. 3452. Definitions
For the purposes of this chapter and chapter 36 of this
title--
(a)(1) The term ``eligible veteran'' means any veteran who--
(A) served on active duty for a period of
more than 180 days, any part of which occurred
after January 31, 1955, and before January 1,
1977, and was discharged or released therefrom
under conditions other than dishonorable;
(B) contracted with the Armed Forces and was
enlisted in or assigned to a reserve component
prior to January 1, 1977, and as a result of
such enlistment or assignment served on active
duty for a period of more than 180 days, any
part of which commenced within 12 months after
January 1, 1977, and was discharged or released
from such active duty under conditions other
than dishonorable; or
(C) was discharged or released from active
duty, any part of which was performed after
January 31, 1955, and before January 1, 1977,
or following entrance into active service from
an enlistment provided for under subparagraph
(B), because of a service-connected disability.
(2) The requirement of discharge or release,
prescribed in subparagraph (A) or (B) of paragraph (1),
shall be waived in the case of any individual who
served more than 180 days in an active-duty status for
so long as such individual continues on active duty
without a break therein.
(3) For purposes of paragraph (1)(A) and section
3461(a), the term ``active duty'' does not include any
period during which an individual (A) was assigned full
time by the Armed Forces to a civilian institution for
a course of education which was substantially the same
as established courses offered to civilians, (B) served
as a cadet or midshipman at one of the service
academies, or (C) served under the provisions of
section 12103(d) of title 10 pursuant to an enlistment
in the Army National Guard or the Air National Guard or
as a Reserve for service in the Army Reserve, Navy
Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve unless at some time subsequent to
the completion of such period of active duty for
training such individual served on active duty for a
consecutive period of one year or more (not including
any service as a cadet or midshipman at one of the
service academies).
(b) The term ``program of education'' means any curriculum or
any combination of unit courses or subjects pursued at an
educational institution which is generally accepted as
necessary to fulfill requirements for the attainment of a
predetermined and identified educational, professional, or
vocational objective. Such term also means any curriculum of
unit courses or subjects pursued at an educational institution
which fulfill requirements for the attainment of more than one
predetermined and identified educational, professional, or
vocational objective if all the objectives pursued are
generally recognized as being reasonably related to a single
career field. Such term also means any unit course or subject,
or combination of courses or subjects, pursued by an eligible
veteran at an educational institution, required by the
Administrator of the Small Business Administration as a
condition to obtaining financial assistance under the
provisions of section 7(i)(1) of the Small Business Act (15
U.S.C. 636(i)(1)). Such term also includes licensing or
certification tests, the successful completion of which
demonstrates an individual's possession of the knowledge or
skill required to enter into, maintain, or advance in
employment in a predetermined and identified vocation or
profession, provided such tests and the licensing or
credentialing organizations or entities that offer such tests
are approved by the Secretary in accordance with section 3689
of this title. Such term also includes any course, or
combination of courses, offered by a qualified provider of
entrepreneurship courses. Such term also includes national
tests for admission to institutions of higher learning or
graduate schools (such as the Scholastic Aptitude Test (SAT),
Law School Admission Test (LSAT), Graduate Record Exam (GRE),
and Graduate Management Admission Test (GMAT)) [and national
tests providing], national tests providing an opportunity for
course credit at institutions of higher learning (such as the
Advanced Placement (AP) exam and College-Level Examination
Program (CLEP)), and national tests that evaluate prior
learning and knowledge and provides an opportunity for course
credit at an institution of higher learning.
(c) The term ``educational institution'' means any public or
private elementary school, secondary school, vocational school,
correspondence school, business school, junior college,
teachers' college, college, normal school, professional school,
university, or scientific or technical institution, or other
institution furnishing education for adults. Such term includes
any entity that provides training required for completion of
any State-approved alternative teacher certification program
(as determined by the Secretary). Such term also includes any
private entity (that meets such requirements as the Secretary
may establish) that offers, either directly or under an
agreement with another entity (that meets such requirements), a
course or courses to fulfill requirements for the attainment of
a license or certificate generally recognized as necessary to
obtain, maintain, or advance in employment in a profession or
vocation in a high technology occupation (as determined by the
Secretary). Such term also includes any qualified provider of
entrepreneurship courses.
(d) The term ``dependent'' means--
(1) a child of an eligible veteran;
(2) a dependent parent of an eligible veteran; and
(3) the spouse of an eligible veteran.
(e) The term ``training establishment'' means any of the
following:
(1) An establishment providing apprentice or other
on-job training, including those under the supervision
of a college or university or any State department of
education.
(2) An establishment providing self-employment on-job
training consisting of full-time training for a period
of less than six months that is needed or accepted for
purposes of obtaining licensure to engage in a self-
employment occupation or required for ownership and
operation of a franchise that is the objective of the
training.
(3) A State board of vocational education.
(4) A Federal or State apprenticeship registration
agency.
(5) The sponsor of a program of apprenticeship.
(6) An agency of the Federal Government authorized to
supervise such training.
(f) The term ``institution of higher learning'' means a
college, university, or similar institution, including a
technical or business school, offering postsecondary level
academic instruction that leads to an associate or higher
degree if the school is empowered by the appropriate State
education authority under State law to grant an associate or
higher degree. When there is no State law to authorize the
granting of a degree, the school may be recognized as an
institution of higher learning if it is accredited for degree
programs by a recognized accrediting agency. Such term shall
also include a hospital offering educational programs at the
postsecondary level without regard to whether the hospital
grants a postsecondary degree. Such term shall also include an
educational institution which is not located in a State, which
offers a course leading to a standard college degree, or the
equivalent, and which is recognized as such by the secretary of
education (or comparable official) of the country or other
jurisdiction in which the institution is located.
(g) The term ``standard college degree'' means an associate
or higher degree awarded by (1) an institution of higher
learning that is accredited as a collegiate institution by a
recognized regional or national accrediting agency; or (2) an
institution of higher learning that is a ``candidate'' for
accreditation as that term is used by the regional or national
accrediting agencies; or (3) an institution of higher learning
upon completion of a course which is accredited by an agency
recognized to accredit specialized degree-level programs. For
the purpose of this section, the accrediting agency must be one
recognized by the Secretary of Education under the provisions
of section 3675 of this title.
(h) The term ``qualified provider of entrepreneurship
courses'' means any small business development center described
in section 21 of the Small Business Act (15 U.S.C. 648),
insofar as such center offers, sponsors, or cosponsors an
entrepreneurship course, as that term is defined in section
3675(c)(2).
* * * * * * *
SUBCHAPTER IV--PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES
* * * * * * *
Sec. 3485. Work-study allowance
(a)(1) Individuals utilized under the authority of subsection
(b) shall be paid an additional educational assistance
allowance (hereinafter in this section referred to as ``work-
study allowance''). Such allowance shall be paid in return for
an individual's entering into an agreement described in
paragraph (3).
(2) Such work-study allowance shall be paid in an
amount equal to the product of--
(A) the applicable hourly minimum wage; and
(B) the number of hours worked during the
applicable period.
(3) An agreement described in this paragraph is an
agreement of an individual to perform services, during
or between periods of enrollment, aggregating not more
than a number of hours equal to 25 times the number of
weeks in the semester or other applicable enrollment
period, required in connection with a qualifying work-
study activity.
(4) For the purposes of this section, the term
``qualifying work-study activity'' means any of the
following:
(A) The outreach services program under
chapter 63 of this title as carried out under
the supervision of a Department employee or,
during the period preceding June 30, 2013, or
[the period beginning on June 30, 2017, and
ending on June 30, 2022,] any time on or after
June 30, 2017, outreach services to
servicemembers and veterans furnished by
employees of a State approving agency.
(B) The preparation and processing of
necessary papers and other documents at
educational institutions or regional offices or
facilities of the Department.
(C) The provision of hospital and domiciliary
care and medical treatment under chapter 17 of
this title, including, during the period
preceding June 30, 2013, or [the period
beginning on June 30, 2017, and ending on June
30, 2022,] any time on or after June 30, 2017,
the provision of such care to veterans in a
State home for which payment is made under
section 1741 of this title.
(D) Any other activity of the Department as
the Secretary determines appropriate.
(E) In the case of an individual who is
receiving educational assistance under chapter
1606 or 1607 of title 10, an activity relating
to the administration of that chapter at
Department of Defense, Coast Guard, or National
Guard facilities.
(F) During the period preceding June 30,
2013, or [the period beginning on June 30,
2017, and ending on June 30, 2022,] any time on
or after June 30, 2017, an activity relating to
the administration of a national cemetery or a
State veterans' cemetery.
(G) Any activity of a State veterans agency
related to providing assistance to veterans in
obtaining any benefit under the laws
administered by the Secretary or the laws of
the State.
(H) A position working in a Center of
Excellence for Veteran Student Success, as
established pursuant to part T of title VIII of
the Higher Education Act of 1965 (20 U.S.C.
1161t et seq.).
(I) A position working in a cooperative
program carried out jointly by the Department
and an institution of higher learning.
(J) Any other veterans-related position in an
institution of higher learning.
(5) An individual may elect, in a manner prescribed
by the Secretary, to be paid in advance an amount equal
to 40 percent of the total amount of the work-study
allowance agreed to be paid under the agreement in
return for the individual's agreement to perform the
number of hours of work specified in the agreement (but
not more than an amount equal to 50 times the
applicable hourly minimum wage).
(6) For the purposes of this subsection and
subsection (e), the term ``applicable hourly minimum
wages'' means--
(A) the hourly minimum wage under section
6(a) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)); or
(B) the hourly minimum wage under comparable
law of the State in which the services are to
be performed, if such wage is higher than the
wage referred to in subparagraph (A) and the
Secretary has made a determination to pay such
higher wage.
(b) Notwithstanding any other provision of law, the Secretary
shall, subject to the provisions of subsection (e) of this
section, utilize, in connection with the activities specified
in subsection (a)(1) of this section, the service of
individuals who are pursuing programs of rehabilitation,
education, or training under chapter 30, 31, 32, 33, or 34 of
this title or chapter 1606 or 1607 of title 10, at a rate equal
to at least three-quarters of that required of a full-time
student. In carrying out this section, the Secretary, wherever
feasible, shall give priority to veterans with disabilities
rated at 30 percent or more for purposes of chapter 11 of this
title. In the event an individual ceases to be at least a
three-quarter-time student before completing such agreement,
the individual may, with the approval of the Secretary, be
permitted to complete such agreement.
(c) The Secretary shall determine the number of individuals
whose services the Department of Veterans Affairs can
effectively utilize and the types of services that such
individuals may be required to perform, on the basis of a
survey, which the Secretary shall conduct annually, of each
Department of Veterans Affairs regional office in order to
determine the numbers of individuals whose services can
effectively be utilized during an enrollment period in each
geographical area where Department of Veterans Affairs
activities are conducted, and shall determine which individuals
shall be offered agreements under this section in accordance
with regulations which the Secretary shall prescribe, including
as criteria (1) the need of the individual to augment the
veteran's educational assistance or subsistence allowance; (2)
the availability to the individual of transportation to the
place where the individual's services are to be performed; (3)
the motivation of the individual; and (4) in the case of a
disabled veteran pursuing a course of vocational rehabilitation
under chapter 31 of this title, the compatibility of the work
assignment to the veteran's physical condition.
(d) While performing the services authorized by this section,
individuals shall be deemed employees of the United States for
the purposes of the benefits of chapter 81 of title 5 but not
for the purposes of laws administrated by the Office of
Personnel Management.
(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 a qualifying work-study activity described in
subsection (a)(4) 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, 33, 35, or 36 of this
title, or chapter 1606 or 1607 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 5315 of this title on the
indebtedness to be satisfied by
performance of the agreement; and
(iii) notwithstanding the
indebtedness offset provisions of
section 5314 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 5314
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.
* * * * * * *
CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT
* * * * * * *
Sec. 3511. Duration of educational assistance
(a)(1) Each eligible person, whether made eligible by one or
more of the provisions of section 3501(a)(1) of this title,
shall be entitled to educational assistance under this [chapter
for an aggregate period not in excess of 45 months (or to the
equivalent thereof in part-time training).] chapter--
(A) in the case of a person who first enrolls in a
program of education using such entitlement before
August 1, 2018, for an aggregate period not in excess
of 45 months (or to the equivalent thereof in part-time
training); or
(B) in the case of a person who first enrolls in a
program of education using such entitlement on or after
August 1, 2018, for an aggregate period not in excess
of 36 months (or to the equivalent thereof in part-time
training).
(2)(A) Notwithstanding any other provision of this
chapter or chapter 36 of this title, any payment of an
educational assistance allowance described in
subparagraph (B) of this paragraph shall not--
(i) be charged against the
entitlement of any individual under
this chapter; or
(ii) be counted toward the aggregate
period for which section 3695 of this
title limits an individual's receipt of
assistance.
(B) The payment of the educational assistance
allowance referred to in subparagraph (A) of
this paragraph is the payment of such an
allowance to an individual for pursuit of a
course or courses under this chapter if the
Secretary finds that the individual--
(i) had to discontinue such course
pursuit as a result of being ordered to
serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or
12304 of title 10 or of being
involuntarily ordered to full-time
National Guard duty under section
502(f) of title 32; and
(ii) failed to receive credit or
training time toward completion of the
individual's approved educational,
professional, or vocational objective
as a result of having to discontinue,
as described in clause (i) of this
subparagraph, his or her course
pursuit.
(C) The period for which, by reason of this
subsection, an educational assistance allowance
is not charged against entitlement or counted
toward the applicable aggregate period under
section 3695 of this title shall not exceed the
portion of the period of enrollment in the
course or courses for which the individual
failed to receive credit or with respect to
which the individual lost training time, as
determined under subparagraph (B)(ii) of this
paragraph.
(b) If any eligible person pursuing a program of education,
or of special restorative training, under this chapter ceases
to be an ``eligible person'' because--
(1) the parent or spouse from whom eligibility is
derived is found no longer to have a ``total disability
permanent in nature'', as defined in section 3501(a)(8)
of this title,
(2) the parent or spouse from whom eligibility is
derived based upon section 3501(a)(1)(C) of this title
is no longer listed in one of the categories specified
therein,
(3) the spouse, as an eligible person under
subparagraph (D) or (E) of section 3501(a)(1) of this
title, is divorced, without fault on such person's
part, from the person upon whose disability such
person's eligibility is based, or
(4) the parent or spouse from whom such eligibility
is derived based upon subparagraph (E) of section
3501(a)(1) of this title no longer meets a requirement
under clause (i), (ii), or (iii) of that subparagraph,
then such eligible person (if such person has sufficient
remaining entitlement) may, nevertheless, be afforded
educational assistance under this chapter until the end of the
quarter or semester for which enrolled if the educational
institution in which such person is enrolled is operated on a
quarter or semester system, or if the educational institution
is not so operated until the end of the course, or until 12
weeks have expired, whichever first occurs.
* * * * * * *
SUBCHAPTER IV--PAYMENTS TO ELIGIBLE PERSONS
* * * * * * *
Sec. 3532. Computation of educational assistance allowance
(a)(1) The educational assistance allowance on behalf of an
eligible person who is pursuing a program of education
consisting of institutional courses shall be paid at the
monthly rate of [$788] $1,224 for full-time, [$592] $967 for
three-quarter-time, or [$394] $710 for half-time pursuit.
(2) The educational assistance allowance on behalf of
an eligible person pursuing a program of education on
less than a half-time basis shall be paid at the rate
of the lesser of--
(A) the established charges for tuition and
fees that the educational institution involved
requires similarly circumstanced nonveterans
enrolled in the same program to pay; or
(B) [$788] $1,224 per month for a full-time
course.
(b) The educational assistance allowance to be paid on behalf
of an eligible person who is pursuing a full-time program of
education which consists of institutional courses and alternate
phases of training in a business or industrial establishment
with the training in the business or industrial establishment
being strictly supplemental to the institutional portion, shall
be computed at the rate of [$788] $1,224 per month.
(c)(1) An eligible person who is enrolled in an educational
institution for a ``farm cooperative'' program consisting of
institutional agricultural courses prescheduled to fall within
forty-four weeks of any period of twelve consecutive months and
who pursues such program on--
(A) a full-time basis (a minimum of ten clock
hours per week or four hundred and forty clock
hours in such year prescheduled to provide not
less than eighty clock hours in any three-month
period),
(B) a three-quarter-time basis (a minimum of
seven clock hours per week), or
(C) a half-time basis (a minimum of five
clock hours per week),
shall be eligible to receive an educational assistance
allowance at the appropriate rate provided in paragraph (2) of
this subsection, if such eligible person is concurrently
engaged in agricultural employment which is relevant to such
institutional agricultural courses as determined under
standards prescribed by the Secretary. In computing the
foregoing clock hour requirements there shall be included the
time involved in field trips and individual and group
instruction sponsored and conducted by the educational
institution through a duly authorized instructor of such
institution in which the person is enrolled.
(2) The monthly educational assistance allowance to
be paid on behalf of an eligible person pursuing a farm
cooperative program under this chapter shall be $636
for full-time, $477 for three-quarter-time, or $319 for
half-time pursuit.
(d) If a program of education is pursued by an eligible
person at an institution located in the Republic of the
Philippines, the educational assistance allowance computed for
such person under this section shall be paid at the rate of
$0.50 for each dollar.
(e) In the case of an eligible person who is pursuing a
program of education under this chapter while incarcerated in a
Federal, State, local, or other penal institution or
correctional facility for conviction of a felony, the
educational assistance allowance shall be paid in the same
manner prescribed in section 3482(g) of this title for
incarcerated veterans, except that the references therein to
the monthly educational assistance allowance prescribed for a
veteran with no dependents shall be deemed to refer to the
applicable allowance payable to an eligible person under
corresponding provisions of this chapter or chapter 36 of this
title, as determined by the Secretary.
(f)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a licensing or
certification test described in section 3501(a)(5) of this
title is the lesser of $2,000 or the fee charged for the test.
(2) The number of months of entitlement charged in
the case of any individual for such licensing or
certification test is equal to the number (including
any fraction) determined by dividing the total amount
paid to such individual for such test by the full-time
monthly institutional rate of the educational
assistance allowance which, except for paragraph (1),
such individual would otherwise be paid under this
chapter.
(3) In no event shall payment of educational
assistance under this subsection for such a test exceed
the amount of the individual's available entitlement
under this chapter.
(g)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a national test for
admission or national test providing an opportunity for course
credit at institutions of higher learning described in section
3501(a)(5) of this title is the amount of the fee charged for
the test.
(2) The number of months of entitlement charged in
the case of any individual for a test described in
paragraph (1) is equal to the number (including any
fraction) determined by dividing the total amount of
educational assistance paid such individual for such
test by the full-time monthly institutional rate of
educational assistance, except for paragraph (1), such
individual would otherwise be paid under this chapter.
(3) In no event shall payment of educational
assistance under this subsection for a test described
in paragraph (1) exceed the amount of the individual's
available entitlement under this chapter.
* * * * * * *
CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
SUBCHAPTER I--STATE APPROVING AGENCIES
Sec.
3670. Scope of approval.
* * * * * * *
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
* * * * * * *
3697B. On-campus educational and vocational counseling.
* * * * * * *
3699. Effects of closure or disapproval of educational institution.
3699A. Provision of certain information to educational institutions.
SUBCHAPTER I--STATE APPROVING AGENCIES
* * * * * * *
Sec. 3674. Reimbursement of expenses
(a)(1) Subject to paragraphs (2) through (4) of this
subsection, the Secretary is authorized to enter into contracts
or agreements with State and local agencies to pay such State
and local agencies for reasonable and necessary expenses of
salary and travel incurred by employees of such agencies and an
allowance for administrative expenses in accordance with the
formula contained in subsection (b) of this section in (A)
rendering necessary services in ascertaining the qualifications
of educational institutions for furnishing courses of education
to eligible persons or veterans under this chapter and chapters
30 through 35 of this title and chapter 106 of title 10, and in
the supervision of such educational institutions, and (B)
furnishing, at the request of the Secretary, any other services
in connection with such chapters. Each such contract or
agreement shall be conditioned upon compliance with the
standards and provisions of such chapters. The Secretary may
also reimburse such agencies for work performed by their
subcontractors where such work has a direct relationship to the
requirements of such chapters, and has had the prior approval
of the Secretary.
(2)(A) The Secretary shall make payments to State and local
agencies, [out of amounts available for the payment of
readjustment benefits] out of amounts in the Department of
Veterans Affairs readjustment benefits account and amounts
appropriated to the Secretary, for the reasonable and necessary
expenses of salary and travel incurred by employees of such
agencies in carrying out contracts or agreements entered into
under this section, for expenses approved by the Secretary that
are incurred in carrying out activities described in section
3674A(a)(3) of this title (except for administrative overhead
expenses allocated to such activities), and for the allowance
for administrative expenses described in subsection (b).
(B) The Secretary shall make such a payment to an agency
within a reasonable time after the agency has submitted a
report pursuant to paragraph (3) of this subsection.
(C) Subject to paragraph (4) of this subsection, the amount
of any such payment made to an agency for any period shall be
equal to the amount of the reasonable and necessary expenses of
salary and travel certified by such agency for such period in
accordance with paragraph (3) of this subsection plus the
allowance for administrative expenses described in subsection
(b) and the amount of expenses approved by the Secretary that
are incurred in carrying out activities described in section
3674A(a)(3) of this title for such period (except for
administrative overhead expenses allocated to such activities).
(3) Each State and local agency with which a contract or
agreement is entered into under this section shall submit to
the Secretary on a monthly or quarterly basis, as determined by
the agency, a report containing a certification of the
reasonable and necessary expenses incurred for salary and
travel by such agency under such contract or agreement for the
period covered by the report. The report shall be submitted in
the form and manner required by the Secretary.
(4) In addition to amounts made available under paragraph
(5), there is authorized to be appropriated to carry out this
section $3,000,000 for fiscal year 2019 and each subsequent
fiscal year.
[(4) The total] (5)(A) The total amount made available under
this section [for any fiscal year shall be $19,000,000] for
fiscal year 2018 shall be $21,000,000 and for fiscal year 2019
and thereafter shall be $23,000,000.
(B) Beginning in fiscal year 2019, whenever there is an
increase in benefit amounts payable under title II of the
Social Security Act (42 U.S.C. 401 et seq.) as a result of a
determination made under section 215(i) of such Act (42 U.S.C.
415(i)), the Secretary shall, effective on the date of such
increase in benefit amounts, increase the amount in effect
under subparagraph (A), as in effect immediately prior to the
date of such increase in benefit amounts payable under title II
of the Social Security Act, by the same percentage as the
percentage by which such benefit amounts are increased.
(b) The allowance for administrative expenses incurred
pursuant to subsection (a) of this section shall be paid in
accordance with the following formula:
(c) Each State and local agency with which the Secretary
contracts or enters into an agreement under subsection (a) of
this section shall report to the Secretary periodically, but
not less often than annually, as determined by the Secretary,
on the activities in the preceding twelve months (or the period
which has elapsed since the last report under this subsection
was submitted) carried out under such contract or agreement.
Each such report shall describe, in such detail as the
Secretary shall prescribe, services performed and
determinations made in connection with ascertaining the
qualifications of educational institutions in connection with
this chapter and chapters 32, 34, and 35 of this title and in
supervising such institutions.
* * * * * * *
Sec. 3679. Disapproval of courses
(a)(1) Except as provided by paragraph (2), any course
approved for the purposes of this chapter which fails to meet
any of the requirements of this chapter shall be immediately
disapproved by the Secretary or the appropriate State approving
agency. An educational institution which has its courses
disapproved by the Secretary or a State approving agency will
be notified of such disapproval by a certified or registered
letter of notification and a return receipt secured.
(2) In the case of a course of education that would
be subject to disapproval under paragraph (1) solely
for the reason that the Secretary of Education
withdraws the recognition of the accrediting agency
that accredited the course, the Secretary of Veterans
Affairs, in consultation with the Secretary of
Education, and notwithstanding the withdrawal, may
continue to treat the course as an approved course of
education under this chapter for a period not to exceed
18 months from the date of the withdrawal of
recognition of the accrediting agency, unless the
Secretary of Veterans Affairs or the appropriate State
approving agency determines that there is evidence to
support the disapproval of the course under this
chapter. The Secretary shall provide to any veteran
enrolled in such a course of education notice of the
status of the course of education.
(b) Each State approving agency shall notify the Secretary of
each course which it has disapproved under this section. The
Secretary shall notify the State approving agency of the
Secretary's disapproval of any educational institution under
chapter 31 of this title.
(c)(1) Notwithstanding any other provision of this chapter
and subject to paragraphs (3) through (6), the Secretary shall
disapprove a course of education provided by a public
institution of higher learning if the institution charges
tuition and fees for that course for covered individuals who
are pursuing the course with educational assistance under
chapter 30 or 33 of this title while living in the State in
which the institution is located at a rate that is higher than
the rate the institution charges for tuition and fees for that
course for residents of the State in which the institution is
located, regardless of the covered individual's State of
residence.
(2) For purposes of this subsection, a covered
individual is any individual as follows:
(A) A veteran who was discharged or released
from a period of not fewer than 90 days of
service in the active military, naval, or air
service less than three years before the date
of enrollment in the course concerned.
(B) An individual who is entitled to
assistance under section [3311(b)(9)]
3311(b)(8) or 3319 of this title by virtue of
such individual's relationship to a veteran
described in subparagraph (A).
(3) If after enrollment in a course of education that
is subject to disapproval under paragraph (1) by reason
of paragraph (2)(A) or (2)(B) a covered individual
pursues one or more courses of education at the same
public institution of higher learning while remaining
continuously enrolled (other than during regularly
scheduled breaks between courses, semesters or terms)
at that institution of higher learning, any course so
pursued by the covered individual at that institution
of higher learning while so continuously enrolled shall
also be subject to disapproval under paragraph (1).
(4) It shall not be grounds to disapprove a course of
education under paragraph (1) if a public institution
of higher learning requires a covered individual
pursuing a course of education at the institution to
demonstrate an intent, by means other than satisfying a
physical presence requirement, to establish residency
in the State in which the institution is located, or to
satisfy other requirements not relating to the
establishment of residency, in order to be charged
tuition and fees for that course at a rate that is
equal to or less than the rate the institution charges
for tuition and fees for that course for residents of
the State.
(5) The Secretary may waive such requirements of
paragraph (1) as the Secretary considers appropriate.
(6) Disapproval under paragraph (1) shall apply only
with respect to educational assistance under chapters
30 and 33 of this title.
(d) Notwithstanding any other provision of this chapter, the
Secretary or the applicable State approving agency shall
disapprove a course of education described in paragraph (14) or
(15) of section 3676(c) of this title unless the educational
institution providing the course of education--
(1) publicly discloses any conditions or additional
requirements, including training, experience, or
examinations, required to obtain the license,
certification, or approval for which the course of
education is designed to provide preparation; and
(2) makes each disclosure required by paragraph (1)
in a manner that the Secretary considers prominent (as
specified by the Secretary in regulations prescribed
for purposes of this subsection).
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
Sec. 3680. Payment of educational assistance or subsistence allowances
(a) Period for Which Payment May Be Made.--[Payment of] (1)
Except as provided in paragraph (2), payment of educational
assistance or subsistence allowances to eligible veterans or
eligible persons pursuing a program of education or training,
other than a program by correspondence, in an educational
institution under chapter 31, 34, or 35 of this title shall be
paid as provided in this section and, as applicable, in section
3108, 3482, 3491, or 3532 of this title. Such payments shall be
paid only for the period of such veterans' or persons'
enrollment in, and pursuit of, such program, but no amount
shall be paid--
[(1)] (A) to any eligible veteran or eligible
person for any period when such veteran or
person is not pursuing such veteran's or
person's course in accordance with the
regularly established policies and regulations
of the educational institution, with the
provisions of such regulations as may be
prescribed by the Secretary pursuant to
subsection (g) of this section, and with the
requirements of this chapter or of chapter 34
or 35 of this title, but payment may be made
for an actual period of pursuit of one or more
unit subjects pursued for a period of time
shorter than the enrollment period at the
educational institution;
[(2)] (B) to any eligible veteran or person
for auditing a course; or
[(3)] (C) to any eligible veteran or person
for a course for which the grade assigned is
not used in computing the requirements for
graduation including a course from which the
student withdraws unless--
[(A)] (i) the eligible veteran or
person withdraws because he or she is
ordered to active duty; or
[(B)] (ii) the Secretary finds there
are mitigating circumstances, except
that, in the first instance of
withdrawal (without regard to
withdrawals [described in subclause (A)
of this clause] described in clause
(i)) by the eligible veteran or person
from a course or courses with respect
to which the veteran or person has been
paid assistance under this title,
mitigating circumstances shall be
considered to exist with respect to
courses totaling not more than six
semester hours or the equivalent
thereof.
[Notwithstanding the foregoing, the Secretary may, subject to
such regulations as the Secretary shall prescribe, continue to
pay allowances to eligible veterans and eligible persons
enrolled in courses set forth in clause (1) of this subsection
during periods when schools are temporarily closed under an
established policy based on an Executive order of the President
or due to an emergency situation. However, the total number of
weeks for which allowances may continue to be so payable in any
12-month period may not exceed 4 weeks.]
(2) Notwithstanding paragraph (1), the Secretary may,
pursuant to such regulations as the Secretary shall prescribe,
continue to pay allowances to eligible veterans and eligible
persons enrolled in courses set forth in paragraph (1)(A)--
(A) during periods when educational institutions are
temporarily closed under an established policy based on
an Executive order of the President or due to an
emergency situation, except that the total number of
weeks for which allowances may continue to be so
payable in any 12-month period may not exceed four
weeks; or
(B) solely for the purpose of awarding a monthly
housing stipend described in section 3313 of this
title, during periods following a permanent closure of
an educational institution, or following the
disapproval of a course of study described in section
3699(b)(1)(B) of this title, except that payment of
such a stipend may only be continued until the earlier
of--
(i) the date of the end of the term, quarter,
or semester during which the closure or
disapproval occurred; and
(ii) the date that is 120 days after the date
of the closure or disapproval.
(b) Correspondence Training Certifications.--No educational
assistance allowance shall be paid to an eligible veteran or
spouse or surviving spouse enrolled in and pursuing a program
of education exclusively by correspondence until the Secretary
shall have received--
(1) from the eligible veteran or spouse or surviving
spouse a certificate as to the number of lessons
actually completed by the veteran or spouse or
surviving spouse and serviced by the educational
institution; and
(2) from the training establishment a certification
or an endorsement on the veteran's or spouse's or
surviving spouse's certificate, as to the number of
lessons completed by the veteran or spouse or surviving
spouse and serviced by the institution.
(c) Apprenticeship and Other On-Job Training.--No training
assistance allowance shall be paid to an eligible veteran or
eligible person enrolled in and pursuing a program of
apprenticeship or other on-job training until the Secretary
shall have received--
(1) from such veteran or person a certification as to
such veteran's or person's actual attendance during
such period; and
(2) from the training establishment a certification,
or an endorsement on the veteran's or person's
certificate, that such veteran or person was enrolled
in and pursuing a program of apprenticeship or other
on-job training during such period.
(d) Advance Payment of Initial Educational Assistance or
Subsistence Allowance.--(1) The educational assistance or
subsistence allowance advance payment provided for in this
subsection is based upon a finding by the Congress that
eligible veterans and eligible persons may need additional
funds at the beginning of a school term to meet the expenses of
books, travel, deposits, and payment for living quarters, the
initial installment of tuition, and the other special expenses
which are concentrated at the beginning of a school term.
(2) Subject to the provisions of this subsection, and
under regulations which the Secretary shall prescribe,
an eligible veteran or eligible person shall be paid an
educational assistance allowance or subsistence
allowance, as appropriate, advance payment. Such
advance payment shall be made in an amount equivalent
to the allowance for the month or fraction thereof in
which pursuit of the program will commence, plus the
allowance for the succeeding month. In the case of a
person on active duty, who is pursuing a program of
education, the advance payment shall be in a lump sum
based upon the amount payable for the entire quarter,
semester, or term, as applicable. In no event shall an
advance payment be made under this subsection to a
veteran or person intending to pursue a program of
education on less than a half-time basis. An advance
payment may not be made under this subsection to any
veteran or person unless the veteran or person requests
such payment and the Secretary finds that the
educational institution at which such veteran or person
is accepted or enrolled has agreed to, and can
satisfactorily, carry out the provisions of paragraphs
(4)(B) and (C) and (5) of this subsection. The
application for advance payment, to be made on a form
prescribed by the Secretary, shall--
(A) in the case of an initial enrollment of a
veteran or person in an educational
institution, contain information showing that
the veteran or person (i) is eligible for
educational benefits, (ii) has been accepted by
the institution, and (iii) has notified the
institution of such veteran's or person's
intention to attend that institution; and
(B) in the case of a re-enrollment of a
veteran or person, contain information showing
that the veteran or person (i) is eligible to
continue such veteran's or person's program of
education or training and (ii) intends to re-
enroll in the same institution,
and, in either case, shall also state the number of
semester or clock-hours to be pursued by such veteran
or person.
(3) For purposes of the Secretary's determination
whether any veteran or person is eligible for an
advance payment under this section, the information
submitted by the institution, the veteran or person,
shall establish such veteran's or person's eligibility
unless there is evidence in such veteran's or person's
file in the processing office establishing that the
veteran or person is not eligible for such advance
payment.
(4) The advance payment authorized by paragraph (2)
of this subsection shall, in the case of an eligible
veteran or eligible person, be (A) drawn in favor of
the veteran or person; (B) mailed to the educational
institution listed on the application form for
temporary care and delivery to the veteran or person by
such institution; and (C) delivered to the veteran or
person upon such veteran's or person's registration at
such institution, but in no event shall such delivery
be made earlier than thirty days before the program of
education is to commence.
(5) Upon delivery of the advance payment pursuant to
paragraph (4) of this subsection, the institution shall
submit to the Secretary a certification of such
delivery. If such delivery is not effected within
thirty days after commencement of the program of
education in question, such institution shall return
such payment to the Secretary forthwith.
(e) Recovery of Erroneous Payments.--(1) Subject to paragraph
(2), if an eligible veteran or eligible person fails to enroll
in or pursue a course for which an educational assistance or
subsistence allowance advance payment is made, the amount of
such payment and any amount of subsequent payments which, in
whole or in part, are due to erroneous information required to
be furnished under subsection (d)(2) of this section, shall
become an overpayment and shall constitute a liability of such
veteran or person to the United States and may be recovered,
unless waived pursuant to section 5302 of this title, from any
benefit otherwise due such veteran or person under any law
administered by the Department of Veterans Affairs or may be
recovered in the same manner as any other debt due the United
States.
(2) Paragraph (1) shall not apply to the recovery of
an overpayment of an educational allowance or
subsistence allowance advance payment to an eligible
veteran or eligible person who fails to enroll in or
pursue a course of education for which the payment is
made if such failure is due to the death of the veteran
or person.
(f) Payments for Less Than Half-Time Training.--Payment of
educational assistance allowance in the case of any eligible
veteran or eligible person pursuing a program of education on
less than a half-time basis shall be made in an amount computed
for the entire quarter, semester, or term not later than the
last day of the month immediately following the month in which
certification is received from the educational institution that
such veteran or person has enrolled in and is pursuing a
program at such institution. Such lump sum payment shall be
computed at the rate provided in section 3482(b) or 3532(a)(2)
of this title, as applicable.
(g) Determination of Enrollment, Pursuit, and Attendance.--
(1) The Secretary may, pursuant to regulations which the
Secretary shall prescribe, determine and define with respect to
an eligible veteran and eligible person the following:
(A) Enrollment in a course or program of
education or training.
(B) Pursuit of a course or program of
education or training.
(C) Attendance at a course or program of
education or training.
(2) The Secretary may withhold payment of benefits to
an eligible veteran or eligible person until the
Secretary receives such proof as the Secretary may
require of enrollment in and satisfactory pursuit of a
program of education by the eligible veteran or
eligible person. The Secretary shall adjust the payment
withheld, when necessary, on the basis of the proof the
Secretary receives.
(3) In the case of an individual other than an
individual described in paragraph (4), the Secretary
may accept the individual's monthly certification of
enrollment in and satisfactory pursuit of a program of
education as sufficient proof of the certified matters.
(4) In the case of an individual who has received an
accelerated payment of basic educational assistance
under section 3014A of this title during an enrollment
period for a program of education, the Secretary may
accept the individual's certification of enrollment in
and satisfactory pursuit of the program of education as
sufficient proof of the certified matters if the
certification is submitted after the enrollment period
has ended.
Sec. 3680A. Disapproval of enrollment in certain courses
(a) The Secretary shall not approve the enrollment of an
eligible veteran in--
(1) any bartending course or personality development
course;
(2) any sales or sales management course which does
not provide specialized training within a specific
vocational field;
(3) any type of course which the Secretary finds to
be avocational or recreational in character (or the
advertising for which the Secretary finds contains
significant avocational or recreational themes) unless
the veteran submits justification showing that the
course will be of bona fide use in the pursuit of the
veteran's present or contemplated business or
occupation; or
[(4) any independent study program except an
accredited independent study program (including open
circuit television) leading (A) to a standard college
degree, or (B) to a certificate that reflects
educational attainment offered by an institution of
higher learning.]
(4) any independent study program except an
independent study program (including such a program
taken over open circuit television) that--
(A) is accredited by a nationally recognized
accrediting agency; and
(B) leads--
(i) to a standard college degree;
(ii) to a certificate that reflects
educational attainment offered by an
institution of higher learning; or
(iii) to a certificate that reflects
completion of a course of study offered
by--
(I) an area career and
technical education school (as
defined in subparagraphs (C)
and (D) of section 3(3) of the
Carl D. Perkins Career and
Technical Education Act of 2006
(20 U.S.C. 2302(3))) that
provides education at the
postsecondary level; or
(II) a postsecondary
vocational institution (as
defined in section 102(c) of
the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that
provides education at the
postsecondary level.
(b) Except to the extent otherwise specifically provided in
this title or chapter 106 of title 10, the Secretary shall not
approve the enrollment of an eligible veteran in any course of
flight training other than one given by an educational
institution of higher learning for credit toward a standard
college degree the eligible veteran is seeking.
(c) The Secretary shall not approve the enrollment of an
eligible veteran in any course to be pursued by radio.
(d)(1) Except as provided in paragraph (2) of this
subsection, the Secretary shall not approve the enrollment of
any eligible veteran, not already enrolled, in any course for
any period during which the Secretary finds that more than 85
percent of the students enrolled in the course are having all
or part of their tuition, fees, or other charges paid to or for
them by the educational institution or by the Department of
Veterans Affairs under this title or under chapter 106 of title
10. The Secretary may waive the requirements of this
subsection, in whole or in part, if the Secretary determines,
pursuant to regulations which the Secretary shall prescribe, it
to be in the interest of the eligible veteran and the Federal
Government. The provisions of this subsection shall not apply
to any course offered by an educational institution if the
total number of veterans and persons receiving assistance under
this chapter or chapter 30, 31, 32, or 35 of this title or
under chapter 106 of title 10 who are enrolled in such
institution equals 35 percent or less, or such other percent as
the Secretary prescribes in regulations, of the total student
enrollment at such institution (computed separately for the
main campus and any branch or extension of such institution),
except that the Secretary may apply the provisions of this
subsection with respect to any course in which the Secretary
has reason to believe that the enrollment of such veterans and
persons may be in excess of 85 percent of the total student
enrollment in such course.
(2) Paragraph (1) of this subsection does not apply
with respect to the enrollment of a veteran--
(A) in a course offered pursuant to section
3019, 3034(a)(3), 3234, or 3241(a)(2) of this
title;
(B) in a farm cooperative training course; or
(C) in a course described in subsection (g).
(e) The Secretary may not approve the enrollment of an
eligible veteran in a course not leading to a standard college
degree offered by a proprietary profit or proprietary nonprofit
educational institution if--
(1) the educational institution has been operating
for less than two years;
(2) the course is offered at a branch of the
educational institution and the branch has been
operating for less than two years; or
(3) following either a change in ownership or a
complete move outside its original general locality,
the educational institution does not retain
substantially the same faculty, student body, and
courses as before the change in ownership or the move
outside the general locality (as determined in
accordance with regulations the Secretary shall
prescribe) unless the educational institution following
such change or move has been in operation for at least
two years.
(f) The Secretary may not approve the enrollment of an
eligible veteran in a course as a part of a program of
education offered by an educational institution if the course
is provided under contract by another educational institution
or entity and--
(1) the Secretary would be barred under subsection
(e) from approving the enrollment of an eligible
veteran in the course of the educational institution or
entity providing the course under contract; or
(2) the educational institution or entity providing
the course under contract has not obtained approval for
the course under this chapter.
(g) Notwithstanding subsections (e) and (f)(1), the Secretary
may approve the enrollment of an eligible veteran in a course
approved under this chapter if the course is offered by an
educational institution under contract with the Department of
Defense or the Department of Homeland Security and is given on
or immediately adjacent to a military base, Coast Guard
station, National Guard facility, or facility of the Selected
Reserve.
* * * * * * *
Sec. 3684. Reports by veterans, eligible persons, and institutions;
reporting fee
(a)(1) Except as provided in paragraph (2) of this
subsection, the veteran or eligible person and the educational
institution offering a course in which such veteran or eligible
person is enrolled under chapter 31, 32, 33, 34, 35, or 36 of
this title shall, without delay, report to the Secretary, in
the form prescribed by the Secretary, such enrollment and any
interruption or termination of the education of each such
veteran or eligible person. The date of such interruption or
termination will be the last date of pursuit, or, in the case
of correspondence training, the last date a lesson was serviced
by a school.
(2)(A) In the case of a program of independent study pursued
on less than a half-time basis in an educational institution,
the Secretary may approve a delay by the educational
institution in reporting the enrollment or reenrollment of an
eligible veteran or eligible person until the end of the term,
quarter, or semester if the educational institution requests
the delay and the Secretary determines that it is not feasible
for the educational institution to monitor interruption or
termination of the veteran's or eligible person's pursuit of
such program.
(B) An educational institution which, pursuant to
subparagraph (A) of this paragraph, is delaying the reporting
of the enrollment or reenrollment of a veteran shall provide
the veteran with notice of the delay at the time that the
veteran enrolls or reenrolls.
(3)(A) Subject to subparagraph (B) of this paragraph, an
educational institution offering courses on a term, quarter, or
semester basis may certify the enrollment of a veteran who is
not on active duty, or of an eligible person, in such courses
for more than one term, quarter, or semester at a time, but not
for a period extending beyond the end of a school year
(including the summer enrollment period).
(B) Subparagraph (A) of this paragraph shall not apply with
respect to any term, quarter, or semester for which the veteran
or eligible person is enrolled on a less than half-time basis
and shall not be construed as restricting the Secretary from
requiring that an educational institution, in reporting an
enrollment for more than one term, quarter, or semester,
specify the dates of any intervals within or between any such
terms, quarters, or semesters.
(4) A course offered by an educational institution that does
not begin on the first day of an academic term, but does begin
seven or fewer days after such day, shall be treated as
beginning on such day for purposes of this section.
[(4)] (5) For purposes of this subsection, the term
``educational institution'' may include a group, district, or
consortium of separately accredited educational institutions
located in the same State that are organized in a manner that
facilitates the centralized reporting of the enrollments in
such group, district, or consortium of institutions.
(b) The Secretary, prior to making payment of a reporting fee
to an educational institution, as provided for in subsection
(c) of this section, shall require such institution to certify
that it has exercised reasonable diligence in determining
whether such institution or any course offered by such
institution approved for the enrollment of veterans or eligible
persons meets all of the applicable requirements of chapters
31, 34, 35, and 36 of this title and that it will, without
delay, report any failure to meet any such requirement to the
Secretary.
[(c) The Secretary may pay to any educational institution, or
to the sponsor of a program of apprenticeship, furnishing
education or training under either this chapter or chapter 31,
34, or 35 of this title, a reporting fee which will be in lieu
of any other compensation or reimbursement for reports or
certifications which such educational institution or joint
apprenticeship training committee is required to submit to the
Secretary by law or regulation. Such reporting fee shall be
computed for each calendar year by multiplying $12 by the
number of eligible veterans or eligible persons enrolled under
this chapter or chapter 31, 34, or 35 of this title, or $15 in
the case of those eligible veterans and eligible persons whose
educational assistance checks are directed in care of each
institution for temporary custody and delivery and are
delivered at the time of registration as provided under section
3680(d)(4) of this title, during the calendar year. The
reporting fee shall be paid to such educational institution or
joint apprenticeship training committee as soon as feasible
after the end of the calendar year for which it is applicable.
No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary
against any liability of such institution for any overpayment
for which such institution may be administratively determined
to be liable under section 3685 of this title unless such
liability is not contested by such institution or has been
upheld by a final decree of a court of appropriate
jurisdiction. Any reporting fee paid an educational institution
or joint apprenticeship training committee after the date of
the enactment of the Post-9/11 Veterans Educational Assistance
Improvements Act of 2011 shall be utilized by such institution
or committee solely for the making of certifications required
under this chapter or chapter 31, 34, or 35 of this title or
for otherwise supporting programs for veterans. The reporting
fee payable under this subsection shall be paid from amounts
appropriated for readjustment benefits.]
(c)(1) The Secretary may pay to any educational institution,
or to the sponsor of a program of apprenticeship, furnishing
education or training under either this chapter or chapter 31,
34, or 35 of this title, a reporting fee which will be in lieu
of any other compensation or reimbursement for reports or
certifications which such educational institution or sponsor of
a program of apprenticeship is required to submit to the
Secretary by law or regulation.
(2) Such reporting fee shall be computed for each calendar
year by multiplying $16 by the number of eligible veterans or
eligible persons enrolled under this chapter or chapter 31, 34,
or 35 of this title. The reporting fee shall be paid to such
educational institution or sponsor of a program of
apprenticeship as soon as feasible after the end of the
calendar year for which it is applicable.
(3) No reporting fee payable to an educational institution
under this subsection shall be subject to offset by the
Secretary against any liability of such institution for any
overpayment for which such institution may be administratively
determined to be liable under section 3685 of this title unless
such liability is not contested by such institution or has been
upheld by a final decree of a court of appropriate
jurisdiction.
(4) Any reporting fee paid to an educational institution or
sponsor of a program of apprenticeship after the date of the
enactment of the Post-9/11 Veterans Educational Assistance
Improvements Act of 2011 (Public Law 111-377)--
(A) shall be utilized by such institution or sponsor
solely for the making of certifications required under
this chapter or chapter 31, 34, or 35 of this title or
for otherwise supporting programs for veterans; and
(B) with respect to an institution that has 100 or
more enrollees described in paragraph (2) may not be
used for or merged with amounts available for the
general fund of the educational institution or sponsor
of a program of apprenticeship.
(5) The reporting fee payable under this subsection shall be
paid from amounts appropriated for readjustment benefits.
(d) Not later than 90 days after the date of the enactment of
this subsection, the Secretary shall ensure that the Department
provides personnel of educational institutions who are charged
with submitting reports or certifications to the Secretary
under this section with assistance in preparing and submitting
such reports or certifications.
* * * * * * *
Sec. 3692. Advisory committee
(a) There shall be a Veterans' Advisory Committee on
Education formed by the Secretary which shall be composed of
persons who are eminent in their respective fields of
education, labor, and management and of representatives of
institutions and establishments furnishing education to
eligible veterans or persons enrolled under chapter 30, 32, 33,
or 35 of this title and chapter 1606 of title 10. The committee
shall also, to the maximum extent practicable, include a
representative sample of veterans and other individuals who
have used, or may in the future use, educational assistance
benefits administered by the Secretary. The Assistant Secretary
of Education for Postsecondary Education (or such other
comparable official of the Department of Education as the
Secretary of Education may designate) and the Assistant
Secretary of Labor for Veterans' Employment and Training shall
be ex officio members of the advisory committee.
(b) The Secretary shall consult with and seek the advice of
the committee from time to time with respect to the
administration of this chapter, chapters 30, 32, 33, and 35 of
this title, and chapter 1606 of title 10. The committee may
make such reports and recommendations as it considers desirable
to the Secretary and the Congress.
(c) The committee shall remain in existence until [December
31, 2017] December 31, 2022.
* * * * * * *
Sec. 3697B. On-campus educational and vocational counseling
(a) In General.--The Secretary shall provide educational and
vocational counseling services for individuals described in
section 3697A(b) of this title at locations on the campuses of
institutions of higher learning selected by the Secretary. Such
counseling services shall be provided by employees of the
Department who provide such services under section 3697A of
this title.
(b) Selection of Locations.--(1) To be selected by the
Secretary under this section, an institution of higher learning
shall provide an appropriate space on the campus of the
institution where counseling services can be provided under
this section.
(2) In selecting locations for the provision of counseling
services under this section, the Secretary shall seek to select
locations where the maximum number of veterans would have
access to such services.
(c) Annual Report.--Not later than 180 days after the date of
the enactment of this section, and each year thereafter, the
Secretary shall submit to Congress a report on the counseling
services provided under this section. Such report shall
include, for the year covered by the report--
(1) the average ratio of counselors providing such
services to individuals who received such services at
each location where such services were provided;
(2) a description of such services provided;
(3) the recommendations of the Secretary for
improving the provision of such services; and
(4) any other matters the Secretary determines
appropriate.
Sec. 3698. Comprehensive policy on providing education information to
veterans
(a) Comprehensive Policy Required.--The Secretary shall
develop a comprehensive policy to improve outreach and
transparency to veterans and members of the Armed Forces
through the provision of information on institutions of higher
learning.
(b) Scope.--In developing the policy required by subsection
(a), the Secretary shall include each of the following
elements:
(1) Effective and efficient methods to inform
individuals of the educational and vocational
counseling provided under section 3697A of this title.
(2) A centralized mechanism for tracking and
publishing feedback from students and State approving
agencies regarding the quality of instruction,
recruiting practices, and post-graduation employment
placement of institutions of higher learning that--
(A) allows institutions of higher learning to
verify feedback and address issues regarding
feedback before the feedback is published;
(B) protects the privacy of students,
including by not publishing the names of
students; and
(C) publishes only feedback that conforms
with criteria for relevancy that the Secretary
shall determine.
(3) The merit of and the manner in which a State
approving agency shares with an accrediting agency or
association recognized by the Secretary of Education
under subpart 2 of part H of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1099b) information
regarding the State approving agency's evaluation of an
institution of higher learning.
(4) Description of the information provided to
individuals participating in the Transition Assistance
Program under section 1144 of title 10 relating to
institutions of higher learning.
(5) Effective and efficient methods to provide
veterans and members of the Armed Forces with
information regarding postsecondary education and
training opportunities available to the veteran or
member.
(c) Postsecondary Education Information.--(1) The Secretary
shall ensure that the information provided pursuant to
subsection (b)(5) includes--
(A) an explanation of the different types of
accreditation available to educational institutions and
programs of education;
(B) a description of Federal student aid programs;
and
(C) for each institution of higher learning, for the
most recent academic year for which information is
available--
(i) whether the institution is public,
private nonprofit, or proprietary for-profit;
(ii) the name of the national or regional
accrediting agency that accredits the
institution, including the contact information
used by the agency to receive complaints from
students;
(iii) information on the State approving
agency, including the contact information used
by the agency to receive complaints from
students;
(iv) whether the institution participates in
any programs under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
(v) the tuition and fees;
(vi) the median amount of debt from Federal
student loans under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.)
held by individuals upon completion of programs
of education at the institution of higher
learning (as determined from information
collected by the Secretary of Education);
(vii) the cohort default rate, as defined in
section 435(m) of the Higher Education Act of
1965 (20 U.S.C. 1085(m)), of the institution;
(viii) the total enrollment, graduation rate,
and retention rate, as determined from
information collected by the Integrated
Postsecondary Education Data System of the
Secretary of Education;
(ix) whether the institution provides
students with technical support, academic
support, and other support services, including
career counseling and job placement; [and]
(x) the information regarding the
institution's policies related to transfer of
credit from other institutions, as required
under section 485(h)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1092(h)(1)) and provided
to the Secretary of Education under section
132(i)(1)(V)(iv) of such Act (20 U.S.C.
1015a(i)(1)(V)(iv))[.]; and
(xi) information on whether the institution
administers a priority enrollment system that
allows certain student veterans to enroll in
courses earlier than other students.
(2) To the extent practicable, the Secretary shall
provide the information described in paragraph (1) by
including hyperlinks on the Internet website of the
Department to other Internet websites that contain such
information, including the Internet website of the
Department of Education, in a form that is
comprehensive and easily understood by veterans,
members of the Armed Forces, and other individuals.
(3)(A) If the Secretary of Veterans Affairs requires,
for purposes of providing information pursuant to
subsection (b)(5), information that has been reported,
or information that is similar to information that has
been reported, by an institution of higher learning to
the Secretary of Education, the Secretary of Defense,
the Secretary of Labor, or the heads of other Federal
agencies under a provision of law other than under this
section, the Secretary of Veterans Affairs shall obtain
the information the Secretary of Veterans Affairs
requires from the Secretary or head with the
information rather than the institution of higher
learning.
(B) If the Secretary of Veterans Affairs
requires, for purposes of providing information
pursuant to subsection (b)(5), information from
an institution of higher learning that has not
been reported to another Federal agency, the
Secretary shall, to the degree practicable,
obtain such information through the Secretary
of Education.
(d) Consistency With Existing Education Policy.--In carrying
out this section, the Secretary shall ensure that--
(1) the comprehensive policy is consistent with any
requirements and initiatives resulting from Executive
Order No. 13607; and
(2) the efforts of the Secretary to implement the
comprehensive policy do not duplicate the efforts being
taken by any Federal agencies.
(e) Communication With Institutions of Higher Learning.--To
the extent practicable, if the Secretary considers it necessary
to communicate with an institution of higher learning to carry
out the comprehensive policy required by subsection (a), the
Secretary shall carry out such communication through the use of
a communication system of the Department of Education.
(f) Definitions.--In this section:
(1) The term ``institution of higher learning'' has
the meaning given that term in section 3452(f) of this
title.
(2) The term ``postsecondary education and training
opportunities'' means any postsecondary program of
education, including apprenticeships and on-job
training, for which the Secretary of Veterans Affairs
provides assistance to a veteran or member of the Armed
Forces.
Sec. 3699. Effects of closure or disapproval of educational institution
(a) Closure or Disapproval.--Any payment of educational
assistance described in subsection (b) shall not--
(1) be charged against any entitlement to educational
assistance of the individual concerned; or
(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of
educational assistance by such individual.
(b) Educational Assistance Described.--Subject to subsection
(c), the payment of educational assistance described in this
paragraph is the payment of such assistance to an individual
for pursuit of a course or program of education at an
educational institution under chapters 30, 32, 33, or 35 of
this title, or chapters 1606 or 1607 of title 10, if the
Secretary determines that the individual--
(1) was forced to discontinue the pursuit of such
course or program as a result of--
(A) the permanent closure of the educational
institution; or
(B) the disapproval of the course or a course
that is a necessary part of that program under
this chapter by reason of--
(i) a provision of law enacted after
the date on which the individual
enrolls at such institution affecting
the approval or disapproval of courses
under this chapter; or
(ii) after the date on which the
individual enrolls at such institution,
the Secretary prescribing or modifying
regulations or policies of the
Department affecting such approval or
disapproval; and
(2) did not receive credit, or lost training time,
toward completion of the program of education being so
pursued.
(c) Period Not Charged.--The period for which, by reason of
this subsection, educational assistance is not charged against
entitlement or counted toward the applicable aggregate period
under section 3695 of this title shall not exceed the aggregate
of--
(1) the portion of the period of enrollment in the
course from which the individual failed to receive
credit or with respect to which the individual lost
training time, as determined under subsection (b)(2),
and
(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
(d) Continuing Pursuit of Disapproved Courses.--(1) The
Secretary may treat a course of education that is disapproved
under this chapter as being approved under this chapter with
respect to an individual described in paragraph (2) if the
Secretary determines, on a case-by-case basis, that--
(A) such disapproval is the result of an action
described in clause (i) or (ii) of subsection
(b)(1)(B); and
(B) continuing pursuing such course is in the best
interest of the individual.
(2) An individual described in this paragraph is an
individual who is pursuing a course of education at an
educational institution under chapters 30, 32, 33, or 35 of
this title, or chapters 1606 or 1607 of title 10, as of the
date on which the course is disapproved under this chapter.
Sec. 3699A. Provision of certain information to educational
institutions
(a) In General.--For each veteran or other individual
pursuing a course of education that has been approved under
this chapter using educational assistance to which the veteran
or other individual is entitled under chapter 30, 32, 33, or 35
of this title, the Secretary shall make available to the
educational institution offering the course information about
the amount of such educational assistance to which the veteran
or other individual is entitled. Such information shall be
provided to such educational institution through a secure
information technology system accessible by the educational
institution and shall be regularly updated to reflect any
amounts used by the veteran or other individual.
(b) Election.--A veteran or other individual pursuing a
course of education described in subsection (a) may elect not
to provide the information described in such subsection to an
educational institution in a manner prescribed by the
Secretary.
* * * * * * *
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TITLE 10, UNITED STATES CODE
* * * * * * *
SUBTITLE E--RESERVE COMPONENTS
* * * * * * *
PART IV--TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE
PROGRAMS
* * * * * * *
CHAPTER 1607--EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS
SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS
* * * * * * *
Sec. 16167. Sunset
(a) Sunset.--The authority to provide educational assistance
under this chapter shall terminate on the date that is four
years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2016.
(b) Limitation on Provision of Assistance Pending Sunset.--
Notwithstanding any other provision of this chapter, during the
period beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2016 and ending on
the date that is four years after the date of the enactment of
that Act, educational assistance may be provided under this
chapter only to a member otherwise eligible for educational
assistance under this chapter who received educational
assistance under this chapter for a course of study at an
educational institution for the enrollment period at the
educational institution that immediately preceded the date of
the enactment of that Act.
(c) Eligibility for Post-9/11 Educational Assistance.--A
member who loses eligibility for benefits under this chapter
pursuant to subsection (b) shall be allowed to elect (in such
form and manner as the Secretary of Veterans Affairs may
prescribe) to have such service previously credited toward this
chapter credited towards establishing eligibility for
educational assistance under chapter 33 of title 38,
notwithstanding the provisions of section 16163(e) of this
title or section 3322(h)(1) of title 38.
* * * * * * *
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CARL LEVIN AND HOWARD P. 'BUCK' MCKEON NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2015
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
* * * * * * *
Subtitle A--Pay and Allowances
* * * * * * *
SEC. 604. MODIFICATION OF COMPUTATION OF BASIC ALLOWANCE FOR HOUSING
INSIDE THE UNITED STATES.
(a) In General.--Paragraph (3) of section 403(b) of title 37,
United States Code, is amended to read as follows:
``(3)(A) The monthly amount of the basic allowance for
housing for an area of the United States for a member of a
uniformed service shall be the amount equal to the difference
between--
``(i) the amount of the monthly cost of
adequate housing in that area, as determined by
the Secretary of Defense, for members of the
uniformed services serving in the same pay
grade and with the same dependency status as
the member; and
``(ii) the amount equal to a specified
percentage (determined under subparagraph (B))
of the national average monthly cost of
adequate housing in the United States, as
determined by the Secretary, for members of the
uniformed services serving in the same pay
grade and with the same dependency status as
the member.
``(B) The percentage to be used for purposes of
subparagraph (A)(ii) shall be determined by the
Secretary of Defense and may not exceed one percent.''.
[(b) Special Rule.--Any reduction authorized by paragraph (3)
of subsection (b) of section 403 of title 37, United States
Code, as amended by subsection (a), shall not apply with
respect to benefits paid by the Secretary of Veterans Affairs
under the laws administered by the Secretary, including
pursuant to sections 3108 and 3313 of title 38, United States
Code. Such benefits that are determined in accordance with such
section 403 shall be subject to paragraph (3) of such section
as such paragraph was in effect on the day before the date of
the enactment of this Act.]
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