H. Rept. 115-694 - SIT-REP ACT115th Congress (2017-2018)
Committee Report
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-694
======================================================================
SIT-REP ACT
_______
May 21, 2018.--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. 4830]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 4830) to amend title 38, United States Code, to
provide for the disapproval of any course of education for
purposes of the educational assistance programs of the
Department of Veterans Affairs unless the educational
institution providing the course permits individuals to attend
or participate in courses pending payment by Department, 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
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 4
Subcommittee Consideration....................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Earmarks and Tax and Tariff Benefits............................. 6
Committee Cost Estimate.......................................... 6
Congressional Budget Office Estimate............................. 6
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 8
Statement on Duplication of Federal Programs..................... 8
Disclosure of Directed Rulemaking................................ 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill as Reported............. 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers Improved Transition
through Reforms for Ensuring Progress Act'' or the ``SIT-REP Act''.
SEC. 2. DISAPPROVAL FOR PURPOSES OF EDUCATIONAL ASSISTANCE PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS OF CERTAIN COURSES
OF EDUCATION THAT DO NOT PERMIT INDIVIDUALS TO
ATTEND OR PARTICIPATE IN COURSES PENDING PAYMENT.
Section 3679 of title 38, United States Code, is amended by adding at
the end the following new subsection:
``(e)(1) Notwithstanding any other provision of this chapter,
beginning on August 1, 2018, a State approving agency, or the Secretary
when acting in the role of the State approving agency, shall disapprove
a course of education provided by an educational institution unless the
educational institution has adopted the following policies:
``(A) A policy that permits any covered individual to attend
or participate in the course of education during the period
beginning on the date on which the individual provides to the
educational institution a certificate of eligibility for
entitlement to educational assistance under chapter 31 or 33 of
this title and ending on the earlier of the following dates:
``(i) The date on which the Secretary provides
payment for such course of education to such
institution.
``(ii) The date that is 90 days after the date on
which the individual provides to the educational
institution such certificate of eligibility.
``(B) A policy that ensures that the educational institution
will not impose any penalty, including the assessment of late
fees, the denial of access to classes, libraries, or other
institutional facilities, or the requirement that a covered
individual borrow additional funds, on any covered individual
because of the individual's inability to meet his or her
financial obligations to the institution as a result of the
delayed disbursement of any payment to be provided by the
Secretary.
``(2) For purposes of this subsection, a covered individual is any
individual who is entitled to educational assistance under chapter 31
or 33 of this title.
``(3) The Secretary may waive such requirements of paragraph (1) as
the Secretary considers appropriate.''.
SEC. 3. CLARIFICATION REGARDING APPLICABILITY OF AUTHORITY TO USE
EDUCATIONAL ASSISTANCE TO PURSUE INDEPENDENT STUDY
PROGRAMS AT CERTAIN EDUCATIONAL INSTITUTIONS THAT
ARE NOT INSTITUTIONS OF HIGHER LEARNING.
The section heading for section 302 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48) is amended to
read as follows (and the table of contents for such Act is conformed
accordingly):
``SEC. 302. AUTHORIZATION FOR USE OF EDUCATIONAL ASSISTANCE UNDER ANY
OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS TO PURSUE
INDEPENDENT STUDY PROGRAMS AT CERTAIN EDUCATIONAL
INSTITUTIONS THAT ARE NOT INSTITUTIONS OF HIGHER
LEARNING.''.
Purpose and Summary
H.R. 4830, as amended, the ``Servicemembers Improved
Transition through Reforms for Ensuring Progress Act'' or the
``SIT-REP Act'' would require that, in order for a school or
training program to become approved for GI Bill benefits, they
must adopt a policy that disallows the institution from
imposing a late fee, denial of access to classes or facilities
or other penalty on a veteran or their eligible dependent due
to a late payment from the Department of Veterans Affairs (VA).
This would only apply if the payments have not been received
within ninety days of the beginning of the term and the VA
Secretary would have the authority to waive this requirement.
Representative Gus Bilirakis of Florida introduced H.R. 4830 on
January 18, 2018.
Background and Need for Legislation
Section 2. Disapproval for Purposes of Educational Assistance Programs
of Department of Veterans Affairs for Certain Courses of
Education that do not Permit Individuals to Attend or
Participate in Courses Pending Payment.
Institutions of higher learning (IHL) and other training
programs that are approved for GI Bill benefits by the State
Approving Agency (SAA) must certify to VA the courses that an
eligible individual (i.e. a veteran, servicemember, dependent
or surviving dependent) is taking at that IHL so that VA can
then pay the school directly for the necessary tuition and
fees. In some cases, VA does not issue the payment on the first
day of the term. This occurs for various reasons, for instance,
some IHLs wait to certify the individual's classes to VA until
after the school's add-drop period has passed in the event the
individual changes their classes so that an overpayment or
underpayment is not issued by VA to the school. Additionally,
there can often be delays in the time it takes VA to issue the
payments and these delays can be increased in peak times of the
school year, such as January and August when most new school
terms are beginning. In general, VA processes claims in 16.7
days for new claims and 6.8 for supplemental claims.
Veterans organizations have come to the Committee with
concerns that some schools may require students to take out
loans or assess unfair late fees, due to the delays that have
been caused by VA or the school's own certification processes.
The Committee is also aware of instances where, due to the
delay in payment from VA, an IHL has restricted an individual's
access to certain campus facilities until the payment is
received or until the individual provides the payment on their
own in lieu of VA's GI Bill payment. The Committee believes
that the policies some IHLs and training programs have enacted
are placing an unfair financial burden on individuals for
something that is out of their control and are not veteran-
friendly policies. At the March 20, 2018 subcommittee
legislative hearing on several bills, including H.R. 4830, Mr.
William Hubbard with Student Veterans of America said the
following in testimony:
In some cases, families of the fallen have been
unfairly targeted with late fees due to the VA's
delayed or late payments at no fault of the student.
While some schools have received billions of dollars of
Post-9/11 GI Bill dollars, we call on higher education
as an industry to be flexible with service-affiliated
students using VA education benefits, as it is greatly
in their interest to find ways to support this
important population of non-traditional students.
Schools that already provide this level of flexibility
to these students should have no additional burden in
compliance with these rules, and Student Veterans of
America supports the passage of this bill.\1\
\1\Testimony of Mr. William Hubbard, Vice President of Government
Affairs, Student Veterans of America before the Subcommittee on
Economic Opportunity of the House Committee on Veterans' Affairs at the
March 20, 2018 legislative hearing https://docs.house.gov/meetings/VR/
VR10/20180320/108011/HHRG-115-VR10-Wstate-HubbardW-20180320.pdf
---------------------------------------------------------------------------
Therefore, this section would require that in order for a
school or training program to be approved for GI Bill benefits
they must adopt a policy that disallows the school or training
program from imposing a late fee, denial of access to classes
or facilities or other penalty against the veteran or eligible
dependent due to a late payment from VA. This would only apply
for individuals receiving educational assistance under chapters
31 or 33 of title 38, United States Code (U.S.C.). Further,
this requirement on the schools would only apply if the
payments have not been received within 90 days of the beginning
of the term and the Secretary would have the authority to waive
this requirement as they deem appropriate.
Section 3. Clarification Regarding Applicability of Authority to Use
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. Prior to passage of the Harry
W. Colmery Veterans Educational Assistance Act of 2017 or the
``Forever GI Bill'' (Public Law 115-48), some of these programs
were being disapproved for GI Bill benefits due to changes in
how these types of schools provide training. The Committee
believed that 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. Section
302 of the ``Forever GI Bill'' addressed this concern and
authorized that an eligible individual could 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.
Unfortunately, the VA did not interpret the language in the
``Forever GI Bill'' as including surviving dependents who are
using their benefits under chapter 35 of title 38, U.S.C. That
disparity was not the intent of the Committee, therefore,
section 3 would amend the section heading of section 302 of the
Forever GI Bill to include any individuals who are receiving
any VA educational assistance benefits as being eligible to
attend these accredited independent study programs or a
postsecondary vocational school providing postsecondary level
education.
Hearings
On March 20, 2018, the Subcommittee on Economic Opportunity
held a legislative hearing on several bills pending before the
Subcommittee including H.R. 4830.
The following witnesses testified:
The Honorable Gus Bilirakis, U.S. House of
Representatives, 12th District, Florida; The Honorable
Brad Wenstrup, U.S. House of Representatives, 2nd
District, Ohio; The Honorable Ted Poe, U.S. House of
Representatives, 2nd District, Texas; The Honorable
Luke Messer, U.S. House of Representatives, 6th
District, Indiana; The Honorable Steve Russell, U.S.
House of Representatives, 5th District, Oklahoma; MG
Robert M. Worley II, USAF (Ret.), Director, Education
Service, Veterans Benefit Administration, U.S.
Department of Veterans Affairs who was accompanied by
Mr. Jeffrey London, Director, Loan Guaranty Service,
Veterans Benefits Administration, U.S. Department of
Veterans Affairs; Mr. John J. Kamin, Assistant
Director, Veterans Employment and Education Division,
The American Legion; Ms. Ashlynne Haycock, Manager,
Education Services, Tragedy Assistance Program for
Survivors; and Mr. William Hubbard, Vice President of
Government Affairs, Student Veterans of America.
Statements for the record were submitted by:
The Honorable Steve Chabot, U.S. House of
Representatives, 1st District, Ohio; the U.S.
Department of Labor; the National Association of State
Approving Agencies; and the National Association of
Veterans' Programs Administrators
Subcommittee Consideration
On April 11, 2018, the Subcommittee on Economic Opportunity
met in open markup session, a quorum being present and
favorably forwarded H.R. 4830, as amended, to the Full
Committee. During consideration of the bills, the following
amendment was considered and agreed to by voice vote:
An amendment in the nature of a substitute offered by
Rep. Bilirakis of Florida, which removed individuals
who receive benefits under chapters 30 or 35 of title
38, U.S.C., from the requirement in section two of the
bill as they receive payments directly from VA as
opposed to the school receiving the payments. The
amendment also inserted the language in section three
of the bill, as amended.
Committee Consideration
On May 8, 2018, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 4830, as
amended, be favorably reported to the House of Representatives
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. 4830, as
amended, favorably reported to the House of Representatives.
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. 4830, as amended, are protect
student veterans and their eligible dependents from being
penalized by the school they are attending due to a delay in
payments by VA.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 4830, 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
The Committee adopts as its own the cost estimate on H.R.
4830, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 4830, as amended, is provided by the Director of the
Congressional Budget Office. Pursuant to section 402 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 9, 2018.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4830, the
Servicemembers Improved Transition through Reforms for Ensuring
Progress Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Newman.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4830--Servicemembers Improved Transition through Reforms for
Ensuring Progress Act
The Department of Veterans Affairs (VA) pays for the
tuition and fees of veterans and certain other beneficiaries at
institutions of higher learning under the Post-9/11 GI Bill and
the vocational rehabilitation and education benefits program.
The department makes those payments from mandatory
appropriations directly to the institutions, usually at the
start of the academic term. However, those payments are
occasionally delayed for various reasons, and in those
instances, some institutions will not allow beneficiaries to
begin or to continue with their courses of education.
H.R. 4830 would require the Secretary of Veterans Affairs
to approve, for the purposes of participating in education
benefits programs administered by VA, only those institutions
that allow beneficiaries to attend the institution for up to 90
days after VA certifies that the student is eligible for
benefits regardless of whether VA has made payments of tuition
and fees. The bill would allow the Secretary to waive the
requirement to disapprove institutions that do not adopt such a
policy.
CBO expects very few institutions would be disapproved for
the use of VA benefits and that most beneficiaries who would
have attended any disapproved institutions would use their
benefits at another institution instead. To the extent that a
few beneficiaries would pursue fewer courses of education as a
result of the disapproval of some institutions, direct spending
would decrease by an insignificant amount, CBO estimates.
Enacting H.R. 4830 would affect direct spending; therefore,
pay-as-you-go procedures apply. However, CBO estimates that the
net effects would be insignificant for each year. Enacting the
bill would not affect revenues.
CBO estimates that enacting H.R. 4830 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 4830 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
In order for institutions of higher learning to continue to
participate in education benefits programs administered by the
VA, the bill would require those institutions to adopt policies
that allow eligible students to attend for a period of time
while payment of tuition and fees is pending from the VA. Since
educational institutions may avoid the requirements by
foregoing such assistance from the VA, it is not a mandate as
defined in UMRA.
The CBO staff contacts for this estimate are David Newman
(for federal costs) and Andrew Laughlin (for mandates). The
estimate was reviewed by Leo Lex, Deputy Assistant Director for
Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 4830, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandated Reform Act.
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.
4830, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 4830, 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. 4830, 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. 4830, 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. 4830, as amended, contains no direct rule making.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section cites the short of this bill to be, the
``Servicemembers Improved Transition through Reforms for
Ensuring Progress Act'' or the ``SIT-REP Act.''
Section 2. Disapproval for purposes of educational assistance programs
of Department of Veterans Affairs for certain courses of
education that do not permit individuals to attend or
participate in courses pending payment
Section two would amend section 3679 of title 38, U.S.C.,
by adding a new subsection at the end.
Section 3679(e)(1) would state that notwithstanding any
other provision of this chapter, beginning on August 1, 2018, a
State Approving Agency, or the VA Secretary when acting in the
role of a State Approving Agency, shall disapprove a course of
education provided by an educational institution unless the
institution adopts: a policy that permits any covered
individual to attend the course of education during the period
beginning on the date on which the individual provides a
certificate of eligibility to the institution for entitlement
to assistance under chapters 31 or 33 of title 38, U.S.C. This
section would also require the institution to allow the
individual to attend the course of education even if the
institution has not received payment from the VA for up to 90
days after the individual provided the certificate of
eligibility to the institution. The institution would also be
required to adopt a policy that ensures that the educational
institution will not impose any penalty, including the
assessment of late fees, the denial of access to classes,
libraries, or other institutional facilities, or the
requirement that a covered individual funds, on any covered
individual because of the individual's inability to meet his or
her financial obligations to the institution as a result of the
delayed disbursement of any payment to be provided by VA.
Section 3679(e)(2) would define a ``covered individual'' as
any individual who is entitled to educational assistance under
chapter 31 or 33 of title 38, U.S.C.
Section 3679(e)(3) would allow the Secretary to waive such
requirements of section 3679(e)(1) as the Secretary considers
appropriate.
Section 3. Clarification regarding applicability of authority to use
educational assistance to pursue independent study programs at
certain educational institutions that are not institutions of
higher learning
Section 3 would amend the section heading for section 302
of the Harry W. Colmery Veterans Educational Assistance Act of
2017 (Public Law 115-48) to as follows: ``Sec. 302.
Authorization for use of educational assistance under any of
the educational assistance programs of the department of
veterans affairs to pursue independent study programs at
certain educational institutions that are not institutions of
higher learning.''
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 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
SUBCHAPTER I--STATE APPROVING AGENCIES
* * * * * * *
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--
(i) section 3311(b)(9) of this title; or
(ii) section 3319 of this title by virtue of
the individual's relationship to--
(I) a veteran described in
subparagraph (A); or
(II) a member of the uniformed
services described in section 3319(b)
of this title who is serving on active
duty.
(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).
(e)(1) Notwithstanding any other provision of this chapter,
beginning on August 1, 2018, a State approving agency, or the
Secretary when acting in the role of the State approving
agency, shall disapprove a course of education provided by an
educational institution unless the educational institution has
adopted the following policies:
(A) A policy that permits any covered individual to
attend or participate in the course of education during
the period beginning on the date on which the
individual provides to the educational institution a
certificate of eligibility for entitlement to
educational assistance under chapter 31 or 33 of this
title and ending on the earlier of the following dates:
(i) The date on which the Secretary provides
payment for such course of education to such
institution.
(ii) The date that is 90 days after the date
on which the individual provides to the
educational institution such certificate of
eligibility.
(B) A policy that ensures that the educational
institution will not impose any penalty, including the
assessment of late fees, the denial of access to
classes, libraries, or other institutional facilities,
or the requirement that a covered individual borrow
additional funds, on any covered individual because of
the individual's inability to meet his or her financial
obligations to the institution as a result of the
delayed disbursement of any payment to be provided by
the Secretary.
(2) For purposes of this subsection, a covered individual is
any individual who is entitled to educational assistance under
chapter 31 or 33 of this title.
(3) The Secretary may waive such requirements of paragraph
(1) as the Secretary considers appropriate.
* * * * * * *
----------
HARRY W. COLMERY VETERANS EDUCATIONAL ASSISTANCE ACT OF 2017
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.
* * * * * * *
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. 302. Authorization for use of educational assistance under any of
the educational assistance programs of the Department of
Veterans Affairs to pursue independent study programs at
certain educational institutions that are not institutions of
higher learning.
* * * * * * *
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
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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.] AUTHORIZATION FOR USE OF
EDUCATIONAL ASSISTANCE UNDER ANY OF THE EDUCATIONAL
ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS TO PURSUE INDEPENDENT STUDY PROGRAMS AT
CERTAIN EDUCATIONAL INSTITUTIONS THAT ARE NOT
INSTITUTIONS OF HIGHER LEARNING.
Section 3680A is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``in--'' and inserting ``in any of the
following:'';
(B) in paragraph (1)--
(i) by striking ``any'' and inserting
``Any''; and
(ii) by striking the semicolon at the
end and inserting a period;
(C) in paragraph (2)--
(i) by striking ``any'' and inserting
``Any''; and
(ii) by striking the semicolon at the
end and inserting a period;
(D) in paragraph (3)--
(i) by striking ``any'' and inserting
``Any''; and
(ii) by striking ``; or'' and
inserting a period; and
(E) by striking paragraph (4) and inserting
the following new paragraph (4):
``(4) Any independent study program except an
independent study program (including such a program
taken over open circuit television) that--
``(A) is accredited by 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);
``(B) leads to--
``(i) a standard college degree;
``(ii) a certificate that reflects
educational attainment offered by an
institution of higher learning; or
``(iii) 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; and
``(C) in the case of a program described in
subparagraph (B)(iii)--
``(i) provides training aligned with
the requirements of employers in the
State or local area where the program
is located, which may include in-demand
industry sectors or occupations; and
``(ii) provides a student, upon
completion of the program, with a
recognized postsecondary credential
that is recognized by employers in the
relevant industry, which may include a
credential recognized by industry or
sector partnerships in the State or
local area where the industry is
located; and
``(iii) meets such content and
instructional standards as may be
required to comply with the criteria
under section 3676(c)(14) and(15) of
this title.''; and
(2) by adding at the end the following new
subsection:
``(h) In this section, the terms `State or local area',
`recognized postsecondary credential', `industry or sector
partnership', and `in-demand industry sector or occupation'
have the meaning given such terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).''.
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