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115th Congress } { Rept. 115-864
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
NAVY SEAL CHIEF PETTY OFFICER WILLIAM ``BILL'' MULDER (RET.) TRANSITION
IMPROVEMENT ACT OF 2018
_______
July 24, 2018.--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. 5649]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 5649) to amend titles 10 and 38, United States
Code, to amend the Social Security Act, and to direct the
Secretaries of Veterans Affairs, Defense, Labor, and Homeland
Security, and the Administrator of the Small Business
Administration, to take certain actions to improve transition
assistance to members of the Armed Forces who separate, retire,
or are discharged from the Armed Forces, 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.............................................. 7
Background and Need for Legislation.............................. 7
Hearings......................................................... 14
Subcommittee Consideration....................................... 15
Committee Consideration.......................................... 16
Committee Votes.................................................. 16
Committee Oversight Findings..................................... 16
Statement of General Performance Goals and Objectives............ 16
New Budget Authority, Entitlement Authority, and Tax Expenditures 16
Earmarks and Tax and Tariff Benefits............................. 16
Committee Cost Estimate.......................................... 16
Congressional Budget Office Estimate............................. 17
Federal Mandates Statement....................................... 26
Advisory Committee Statement..................................... 26
Constitutional Authority Statement............................... 26
Applicability to Legislative Branch.............................. 26
Committee Correspondence......................................... 27
Statement on Duplication of Federal Programs..................... 29
Disclosure of Directed Rulemaking................................ 29
Section-by-Section Analysis of the Legislation................... 29
Changes in Existing Law Made by the Bill as Reported............. 33
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 ``Navy SEAL Chief Petty Officer William
`Bill' Mulder (Ret.) Transition Improvement Act of 2018''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE
Sec. 101. Access for the Secretaries of Labor and Veterans Affairs to
the Federal directory of new hires.
Sec. 102. Pilot program for off-base transition training for veterans
and spouses.
Sec. 103. Grants for provision of transition assistance to members of
the Armed Forces after separation, retirement, or discharge.
Sec. 104. Study of community-based transition assistance programs for
members of the Armed Forces after separation, retirement, or discharge.
Sec. 105. One-year independent assessment of the effectiveness of TAP.
Sec. 106. Longitudinal study on changes to TAP.
TITLE II--EDUCATIONAL ASSISTANCE
Sec. 201. Improvements to assistance for certain flight training and
other programs of education.
Sec. 202. Elimination of the period of eligibility for the Vocational
Rehabilitation and Employment program of the Department of Veterans
Affairs.
Sec. 203. Educational assistance during extended school closures due to
natural disasters.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``TAP'' means the Transition Assistance Program
under sections 1142 and 1144 of title 10, United States Code.
(2) The term ``military departments'' has the meaning given
that term in section 101 of title 10, United States Code.
TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE
SEC. 101. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO
THE FEDERAL DIRECTORY OF NEW HIRES.
Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is
amended by adding at the end the following new paragraph:
``(4) Veteran employment.--The Secretaries of Labor and of
Veterans Affairs shall have access to information reported by
employers pursuant to subsection (b) of this section for
purposes of tracking employment of veterans.''.
SEC. 102. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS
AND SPOUSES.
(a) Extension of Pilot Program.--Subsection (a) of section 301 of the
Dignified Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 10 U.S.C. 1144 note) is amended--
(1) by striking ``During the two-year period beginning on the
date of the enactment of this Act, the'' and inserting ``During
the five-year period beginning on the date of the enactment of
the Navy SEAL Chief Petty Officer William `Bill' Mulder (Ret.)
Transition Improvement Act of 2018, the''; and
(2) by striking ``to assess the feasibility and advisability
of providing such program to eligible individuals at locations
other than military installations''.
(b) Locations.--Subsection (c) of such section is amended--
(1) in paragraph (1), by striking ``not less than three and
not more than five States'' and inserting ``not less than 50
locations in States (as defined in section 101(20) of title 38,
United States Code)''; and
(2) in paragraph (2), by striking ``at least two'' and
inserting ``at least 20''.
(c) Conforming Repeal.--Subsection (f) of such section is repealed.
SEC. 103. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF
THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR
DISCHARGE.
(a) In General.--The Secretary of Veterans Affairs shall make grants
to eligible organizations for the provision of transition assistance to
members of the Armed Forces who are separated, retired, or discharged
from the Armed Forces, and spouses of such members.
(b) Use of Funds.--The recipient of a grant under this section shall
use the grant to provide to members of the Armed Forces and spouses
described in subsection (a) resume assistance, interview training, job
recruitment training, and related services leading directly to
successful transition, as determined by the Secretary.
(c) Eligible Organizations.--To be eligible for a grant under this
section, an organization shall submit to the Secretary an application
containing such information and assurances as the Secretary, in
consultation with the Secretary of Labor, may require.
(d) Priority for Hubs of Services.--In making grants under this
section, the Secretary shall give priority to an organization that
provides multiple forms of services described in subsection (b).
(e) Amount of Grant.--A grant under this section shall be in an
amount that does not exceed 50 percent of the amount required by the
organization to provide the services described in subsection (b).
(f) Deadline.--The Secretary shall carry out this section not later
than six months after the effective date of this Act.
(g) Termination.--The authority to provide a grant under this section
shall terminate on the date that is five years after the date on which
the Secretary implements the grant program under this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 104. STUDY OF COMMUNITY-BASED TRANSITION ASSISTANCE PROGRAMS FOR
MEMBERS OF THE ARMED FORCES AFTER SEPARATION,
RETIREMENT, OR DISCHARGE.
(a) Study.--The Secretary of Veterans Affairs, in consultation with
State entities that serve members of the Armed Forces who are retired,
separated, or discharged from the Armed Forces, shall enter into an
agreement with an appropriate non-Federal entity to carry out a study
to identify community-based programs--
(1) that provide transition assistance to such members; and
(2) operated by nonprofit entities.
(b) Transmission to Members.--The Secretary of Veterans Affairs shall
transmit the list of programs identified under this section to the
Secretary of Defense so the Secretaries of the military departments may
provide information in the list to members of the Armed Forces who
participate in TAP.
(c) Online Publication.--The Secretary of Veterans Affairs shall
publish the most recent version of the list of programs identified
under this section on a public website of the Department of Veterans
Affairs.
SEC. 105. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF TAP.
(a) Independent Assessment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the covered officials, shall enter into an agreement
with an appropriate entity with experience in adult education to carry
out a one-year independent assessment of TAP, including--
(1) the effectiveness of TAP for members of each military
department during the entire military life cycle;
(2) the appropriateness of the TAP career readiness
standards;
(3) a review of information that is provided to the
Department of Veterans Affairs under TAP, including mental
health data;
(4) whether TAP effectively addresses the challenges veterans
face entering the civilian workforce and in translating
experience and skills from military service to the job market;
(5) whether TAP effectively addresses the challenges faced by
the families of veterans making the transition to civilian
life;
(6) appropriate metrics regarding TAP outcomes for members of
the Armed Forces one year after separation, retirement, or
discharge from the Armed Forces;
(7) what the Secretary, in consultation with the covered
officials, veterans service organizations, and organizations
described in section 203(a) of this Act, determine to be
successful outcomes for TAP;
(8) whether members of the Armed Forces achieve successful
outcomes for TAP, as determined under paragraph (7);
(9) how the Secretary and the covered officials provide
feedback to each other regarding such outcomes;
(10) recommendations for the Secretaries of the military
departments regarding how to improve outcomes for members of
the Armed Forces after separation, retirement, and discharge;
and
(11) other topics the Secretary and the covered officials
determine would aid members of the Armed Forces as they
transition to civilian life.
(b) Report.--Not later than 90 days after the completion of the
independent assessment under subsection (a), the Secretary and the
covered officials, shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives and the Committees on Armed
Services of the Senate and House of Representatives--
(1) the findings and recommendations (including recommended
legislation) of the independent assessment prepared by the
entity described in subsection (a); and
(2) responses of the Secretary and the covered officials to
the findings and recommendations described in paragraph (1).
(c) Covered Officials Defined.--In this section, the term ``covered
officials'' is comprised of--
(1) the Secretary of Defense;
(2) the Secretary of Labor;
(3) the Administrator of the Small Business Administration;
and
(4) the Secretaries of the military departments.
SEC. 106. LONGITUDINAL STUDY ON CHANGES TO TAP.
(a) Study.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs, in consultation with the
Secretaries of Defense and Labor and the Administrator of the Small
Business Administration, shall conduct a five-year longitudinal study
regarding TAP on three separate cohorts of members of the Armed Forces
who have separated from the Armed Forces, including--
(1) a cohort that has attended TAP counseling as implemented
on the date of the enactment of this Act;
(2) a cohort that attends TAP counseling after the
Secretaries of Defense and Labor implement changes recommended
in the report under section 205(b) of this Act; and
(3) a cohort that has not attended TAP counseling.
(b) Progress Reports.--Not later than 90 days after the day that is
one year after the date of the initiation of the study under subsection
(a) and annually thereafter for the three subsequent years, the
Secretaries of Veterans Affairs, Defense, and Labor, and the
Administrator of the Small Business Administration, shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives and the Committees on Armed Services of the Senate and
House of Representatives a progress report of activities under the
study during the immediately preceding year.
(c) Final Report.--Not later than 180 days after the completion of
the study under subsection (a), the Secretaries of Veterans Affairs,
Defense, and Labor, and the Administrator of the Small Business
Administration, shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives and the Committees on Armed
Services of the Senate and House of Representatives a report of final
findings and recommendations based on the study.
(d) Elements.--The final report under subsection (c) shall include
information regarding the following:
(1) The percentage of each cohort that received unemployment
benefits during the study.
(2) The numbers of months members of each cohort were
employed during the study.
(3) Annual starting and ending salaries of members of each
cohort who were employed during the study.
(4) How many members of each cohort enrolled in an
institution of higher learning, as that term is defined in
section 3452(f) of title 38, United States Code.
(5) The academic credit hours, degrees, and certificates
obtained by members of each cohort during the study.
(6) The annual income of members of each cohort.
(7) The total household income of members of each cohort.
(8) How many members of each cohort own their principal
residences.
(9) How many dependents that members of each cohort have.
(10) The percentage of each cohort that achieves a successful
outcome for TAP, as determined under section 205(a)(6) of this
Act.
(11) Other criteria the Secretaries and the Administrator of
the Small Business Administration determine appropriate.
TITLE II--EDUCATIONAL ASSISTANCE
SEC. 201. IMPROVEMENTS TO ASSISTANCE FOR CERTAIN FLIGHT TRAINING AND
OTHER PROGRAMS OF EDUCATION.
(a) Use of Entitlement for Private Pilot's Licenses.--Section 3034(d)
of title 38, United States Code, is amended--
(1) in paragraph (1) by striking the semicolon and inserting
the following: ``and is required for the course of education
being pursued (including with respect to a dual major,
concentration, or other element of a degree); and'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Accelerated Payments for Flight Training.--Section 3313 of such
title is amended by adding at the end the following new subsection:
``(k) Accelerated Payments for Certain Flight Training.--
``(1) Payments.--An individual enrolled in a program of
education pursued at a vocational school or institution of
higher learning in which flight training is required to earn
the degree being pursued (including with respect to a dual
major, concentration, or other element of such a degree) may
elect to receive accelerated payments of amounts for tuition
and fees determined under subsection (c). The amount of each
accelerated payment shall be an amount equal to twice the
amount for tuition and fee so determined under such subsection,
but the total amount of such payments may not exceed the total
amount of tuition and fees for the program of education. The
amount of monthly stipends shall be determined in accordance
with such subsection (c) and may not be accelerated under this
paragraph.
``(2) Educational counseling.--An individual may make an
election under paragraph (1) only if the individual receives
educational counseling under section 3697A(a) of this title.
``(3) Charge against entitlement.--The number of months of
entitlement charged an individual for accelerated payments made
pursuant to paragraph (1) shall be determined at the rate of
two months for each month in which such an accelerated payment
is made.''.
(c) Flight Training at Public Institutions.--Subsection (c)(1)(A) of
such section 3313 is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) and (II) as items
(aa) and (bb), respectively;
(B) by striking ``In the case of a program of
education pursued at a public institution of higher
learning'' and inserting ``(I) Subject to subclause
(II), in the case of a program of education pursued at
a public institution of higher learning not described
in clause (ii)(II)(bb)''; and
(C) by adding at the end the following new subclause:
``(II) In determining the actual net cost for
in-State tuition and fees pursuant to subclause
(I), the Secretary may not pay for tuition and
fees relating to flight training.''; and
(2) in clause (ii)--
(A) in subclause (I), by redesignating items (aa) and
(bb) as subitems (AA) and (BB), respectively;
(B) in subclause (II), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(C) by redesignating subclauses (I) and (II) as items
(aa) and (bb), respectively;
(D) by striking ``In the case of a program of
education pursued at a non-public or foreign
institution of higher learning'' and inserting ``(I) In
the case of a program of education described in
subclause (II)''; and
(E) by adding at the end the following new subclause:
``(II) A program of education described in
this subclause is any of the following:
``(aa) A program of education pursued
at a non-public or foreign institution
of higher learning.
``(bb) A program of education pursued
at a public institution of higher
learning in which flight training is
required to earn the degree being
pursued (including with respect to a
dual major, concentration, or other
element of such a degree).''.
(d) Certain Programs of Education Carried Out Under Contract.--
Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added
by subsection (c)(2)(E), is amended by adding at the end the following
new item:
``(cc) A program of education pursued
at a public institution of higher
learning in which the public
institution of higher learning enters
into a contract or agreement with an
entity (other than another public
institution of higher learning) to
provide such program of education or a
portion of such program of
education.''.
(e) Application.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date of the enactment of this Act.
(2) Special rule for current students.--In the case of an
individual who, as of the date of the enactment of this Act, is
using educational assistance under chapter 33 of title 38,
United States Code, to pursue a course of education that
includes a program of education described in item (bb) or (cc)
of section 3313(c)(1)(A)(ii)(II) of title 38, United States
Code, as added by subsections (c) and (d), respectively, the
amendment made by such subsection shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date that is two years after the date of the
enactment of this Act.
SEC. 202. ELIMINATION OF THE PERIOD OF ELIGIBILITY FOR THE VOCATIONAL
REHABILITATION AND EMPLOYMENT PROGRAM OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3103 of title 38, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of such title is amended by striking the item relating to
section 3103.
SEC. 203. EDUCATIONAL ASSISTANCE DURING EXTENDED SCHOOL CLOSURES DUE TO
NATURAL DISASTERS.
Section 3680 of title 38, United States Code, is amended by adding at
the end the following new subsection:
``(h) School Closure During Natural Disasters.--
``(1) In general.--An individual described in paragraph (2)
shall be entitled to a monthly stipend in the amount to which
the individual would be entitled were the individual pursuing a
course of education at an institution of higher education
through resident training but for a school closure described
under paragraph (4).
``(2) Individual described.--An individual described in this
paragraph is an individual pursuing a course of education at an
institution of higher education using educational assistance
under chapter 32, 33, 34, or 35 of this title, who--
``(A) is forced to discontinue pursuing such course
at such institution by reason of a school closure
described under paragraph (4); and
``(B) opts to--
``(i) pursue that course of education solely
by distance learning; or
``(ii) pursue an alternative course of
education solely by distance learning.
``(3) Duration.--The duration of the monthly stipends payable
to an individual under paragraph (1) shall be the shorter of
the following:
``(A) The period of time necessary to complete the
quarter, semester, term or academic period during which
the school closure described in paragraph (4) occurs.
``(B) Four months.
``(4) School closure.--A school closure described in this
paragraph is the closure of an institution of higher
education--
``(A) by reason of a natural disaster;
``(B) for a period of time that--
``(i) the institution confirms will last for
four weeks or longer; or
``(ii) the institution describes as
indefinite and that endures for a period of
four weeks or longer; and
``(C) that the Secretary confirms is covered for
purposes of this subsection.
``(5) Natural disaster defined.--In this subsection, the term
`natural disaster' means a specific weather event or earth
process, including a hurricane, tornado, wildfire or forest
fire, earthquake, avalanche, mudslide, hailstorm, thunderstorm,
lightning storm, freeze, blizzard, sinkhole, or other
disastrous event that occurs as a result of such an event or
process, that the President or the governor of a State declares
a natural disaster.
``(6) No charge to entitlement.--No charge shall be made to
the entitlement of any individual to educational assistance
under chapter 32, 33, 34, or 35 of this title by reason of a
payment under this subsection.''.
Purpose and Summary
H.R. 5649, as amended, the Navy SEAL Chief Petty Officer
William ``Bill'' Mulder (Ret.) Transition Improvement Act of
2018, would make improvements to the Transition Assistance
Program (TAP) to improve long term outcomes of participants,
provide educational assistance for veterans impacted by natural
disaster, eliminate the current 12-year delimiting date for use
of the Vocational Rehabilitation and Employment (VR&E;)
benefits, and make changes to flight training provided through
the Post-9/11 GI Bill. Representative Jodey Arrington of Texas
introduced H.R. 5649 on April 27, 2018.
Background and Need for Legislation
The Transition Assistance Program is a joint program of the
Departments of Defense (DoD), Department of Veterans Affairs
(VA), Department of Labor (DoL) and the Small Business
Administration (SBA) that provides transition training and
assistance to departing servicemembers. The goal of this
program is to help servicemembers and their families
successfully transition from military to civilian life. With
the passage of the VOW to Hire Heroes Act of 2011 (P.L. 112-
56), all but a few servicemembers are required to participate
in the TAP program. While the program has been around for many
years, the current iteration is called Transition GPS (Goals,
Plan, and Success) and is a five-day course. The first day of
training is taught by DoD staff and contractors and focuses on
financial counseling and training, beginning an individual
transition plan, and service specific programing. The second,
third and fourth days of training are taught by a DoL
contractor and consist of the employment workshop that focuses
on employment trends, job search training, resume writing, mock
interviews, use of LinkedIn, and other career services. The
final day is taught by VA contractors and focuses on explaining
the myriad of benefits that VA can provide servicemembers and
their families when they become veterans.
There are also three additional two-day training tracks
available to servicemembers that focus on accessing higher
education, vocational training, and small business training.
While these additional two-day tracks are optional, section
1144(f)(2) of title 10, United States Code (U.S.C.) requires
that commanders allow servicemembers to attend these tracks if
they wish to participate.
Once a servicemember has completed TAP, they must complete
their individual transition plan and meet what DoD calls the
``career readiness standards.'' These standards are based on
servicemember's plan for when they leave the military and if
the readiness standards are not met, DoD is required to provide
a ``warm handover'' to other agencies to help the servicemember
receive additional services to meet the career readiness
standards.
In order to review the progress of this program and improve
a servicemember's transition to civilian life, the Subcommittee
on Economic Opportunity held three bipartisan roundtables in
2018 with representatives from all parties interested in
improving TAP, including: VA, DoL, DoD, each of the military
services, veteran service organizations, and community non-
profits that provide transition services to veterans. These
diverse points of view informed the text of the first title of
this bill.
TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE
Section 101. Access for the Secretaries of Labor and Veterans Affairs
to the Federal Directory of New Hires
The Department of Labor's Veterans Employment and Training
Service (VETS) is responsible for providing grants to states to
fund workforce development staff that specifically assist
veterans with job placement and training. Despite the use of
state wage records by state workforce agencies, there has never
been an accurate way to track if the services provided state
staffs result in positive employment outcomes for veterans. The
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (P.L. 104-193) created the National Directory of New
Hires that was designed to use state employment and
unemployment data and Federal agencies' data to help state
agencies track down non-custodial parents who owe child
support. Employers across the country are required to notify
the new hires directory when they hire a new employee. This
requirement makes this directory the most up to date system for
tracking employment in the country.
This section would give VETS and VA access to this data
system which would allow these departments the ability to
track, in real time, when a participant in VETS and VA program
receives a new job. This will help improve programs and provide
better accountability of services being provided by both VETS
and other readjustment benefits provided by VA. Additionally,
this would complement other sections of this bill that are
working towards providing a realistic view of employment
outcomes that may or may not result from TAP training.
Section 102. Pilot Program for Off-Base Transition Training for
Veterans and Spouses
Section 1144 of title 10, (U.S.C.) sets out the requirement
that all but a few servicemembers participate in the TAP
program. This requirement was enacted as part of the VOW to
Hire Heroes Act of 2011 (P.L. 112-56). However prior to this
requirement, only the United States Marine Corps mandated such
training, and consequently there are entire generations of
veterans who may have been unable use the TAP training to help
them successfully transition. The Committee believes that
veterans, even those that received TAP training as part of
their transition, could benefit from the updated GPS curriculum
especially as it relates to new employment search training and
new veterans benefits. The problem becomes that by in large
once a servicemember transitions out of the military it can
become difficult for them to return to military installations
to receive TAP training. In 2013, Congress recognized that it
could be beneficial for veterans to access TAP training at off-
base locations and authorized VETS to conduct a two-year pilot
program to teach such training, in either three or four states.
The pilot program consisted of the three-day DoL employment
workshop and information regarding VA benefits.
In its review of the pilot program, the Government
Accountability Office (GAO) concluded that where the pilot
program was offered the state workforce staff believed it was
beneficial but, VETS' poor design of the pilot and low
participation rates made it difficult for them to make a clear
conclusion on its value. GAO stated that VETS' design of the
pilot, ``leaves unanswered key questions about the need for the
program, the pilot's role amid other federal programs, and the
goals and objectives for measuring its progress.''\1\ Despite
VETS poor implementation of this pilot program, the Committee
believes off-base TAP training is worth re-examining.
Therefore, this section would authorize VETS to conduct a new
five-year pilot program to teach TAP classes at off-base
locations. The Committee hopes that VETS will take the
recommendations from the GAO's review of the last pilot program
and prioritize funding to conduct this program. The Committee
also believes that former military spouses could also benefit
from training provided at off-based locations.
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Sec. 103. Grants for Provision of Treatment Assistance to Members of
the Armed Forces After Separation, Retirement, or Discharge
One of the key takeaways from the Subcommittee on Economic
Opportunity's roundtables relating to improvements to TAP and
transition was the wealth of resources that are available to
transitioning servicemembers at the local level from non-
governmental sources. The Subcommittee heard from community
providers from Cincinnati, OH, Tampa, FL, Jacksonville, FL, and
Colorado Springs, CO about innovative programs that provide
transition services to servicemembers, and in some cases act as
a clearing house or one-stop-shop to connect servicemembers to
existing resources within a community. The Committee believes
these types of programs can be important as they are able to
provide transition training and services to a servicemember on
a more individualized level than the government training
provided by TAP. In order to support these programs, this
section would authorize VA to set up a five-year and $10
million pilot program that would provide grants to eligible
community providers to provide transition training and
services. To ensure that these programs are truly innovative
programs from the community, the section would further require
that funds provided by this section would only be able to cover
50% of the cost of transition training and services being
provided by this grant. Finally, the section would require that
VA give priority of grant funds authorized by this section to
organizations that act as a hub or provide multiple types of
services to transitioning servicemembers. The Committee
believes this pilot program will help provide funding to these
innovative programs that help veterans and is worth the
investment to examine if funding such programs will result in
long term outcomes for servicemembers.
Section 104. Study of Community-Based Transition Assistance Programs
for Members of the Armed Forces after Separation, Retirement,
or Discharge
The most common complaint by community providers at the
aforementioned TAP and Transition roundtables was the inability
of these programs to gain access to a list of servicemembers
who were transitioning to their community. While providing
names and addresses to these community providers raised
questions about the servicemember's privacy, there was
consensus among the participants of these roundtables that
there would be a benefit in DoD being able to provide a list of
community providers for a servicemember to access when they
transition to a community. To address this issue, this section
would authorize VA to contract with a non-Federal entity to
conduct a study to identify community-based programs that
provide transition training. VA would be required to place the
list created by this study online and also submit the list to
DoD so they can provide it to transitioning servicemembers. The
Committee believes that this is the first step in helping
community-based programs be recognized for their innovative
programs and also inform servicemembers coming to their
community about the programs that exist to help with their
successful transition to civilian life.
Section 105. One-Year Independent Assessment of the Effectiveness of
TAP
While the curriculum of the TAP has changed over the years,
each new iteration has been created and reviewed by government
employees and to the Committee's knowledge there has never been
a true independent review of the curriculum to see if the
training is really meeting the needs of servicemembers to
provide a seamless transition to civilian life. To address this
issue, this section would require VA, in consultation with DoD,
DoL, SBA, and the military services to contract with an
appropriate entity with experience in adult education to
conduct a one year independent assessment of TAP. This
assessment would examine: the effectiveness of the military
life cycle, appropriateness of the career readiness standards,
review of information provided by VA in TAP, including mental
health data, and a review of what successful outcomes measures
of TAP should be and if servicemembers are meeting this
standard. Not later than 90 days following this study, the
departments would be required to submit a report to the House
and Senate Committees on Veterans' Affairs and Armed Services
on the findings and recommendations of this assessment. The
Committee believes that this independent assessment is critical
to judging the performance of TAP and believes the requirement
to define realistic outcomes will help inform future policy
changes to this program.
Section 106. Longitudinal Study on Changes to TAP
While TAP has been in existence for decades, serious
questions remain on what type of direct impact the training had
on a servicemember's transition. For too long VA, DoL, and DoD
have relied on anecdotal evidence and reliance on exit surveys
where servicemembers concluded they were more prepared for
transition than before to track performance of this program.
While such surveys and evidence are helpful data points, there
has never been a study that tracked the long term outcomes of
TAP training. To address this issue, this section would
authorize VA to conduct an extensive five year longitudinal
study on outcomes of TAP participants. The study will examine
the outcomes of those who received TAP training before the
enactment of the changes in this bill, compared to those who
took the new version of TAP following this bill's enactment,
and finally to those who did not receive TAP training. The
Committee believes that this longitudinal study will enable
policy makers to measure the long term outcomes of TAP and
provide data to make future changes if the study suggests they
are warranted.
TITLE II--EDUCATIONAL ASSISTANCE
Section 201. Improvements to Assistance for Certain Flight Training and
Other Programs of Education
Section 102 of the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010 (P.L. 111-377) modified the
Post-9/11 G.I. Bill so that students attending a public
institution of higher learning under the Post-9/11 G.I. Bill
are eligible to receive the total net cost of in-state tuition
and fees after the application of any waiver of tuition and
fees and any scholarship, or other Federal, State,
institutional, or employer-based aid or assistance. If a
student is attending a non-public institution of higher
learning, he/she is eligible for the lesser of the actual net
cost for tuition and fees after the application of any waiver
or scholarships or $23,805. This cap is also subject to an
annual Cost-of-Living-Adjustment increase. This was a change
from the original Post-9/11 G.I. Bill that set the cap on
tuition and fees at up to the highest in-state tuition rate in
a state regardless whether the student was attending a public
or non-public institution of higher learning.
At the Subcommittee on Economic Opportunity oversight
hearing on November 19, 2014, entitled, ``The Role of State
Approving Agencies in Ensuring Quality Education Programs for
Veterans,'' the National Association of State Approving
Agencies (NASAA) testified that they were concerned that
changes made to the Post-9/11 G.I. Bill were encouraging some
public institutions to contract with third party flight schools
for expensive flight or helicopter training. Since these
private flight schools are now under the umbrella of public
schools, there was no limit to what they could charge for
tuition and fees since the statute only requires that schools
charge the in-state tuition rate. Consequently, some veterans
were receiving GI Bill benefits totaling well over $100,000 for
flight training, far exceeding what would be received if the
private school cap of $23,805 were applied.
As part of its legislative package presented to the
Subcommittee at this hearing, NASAA recommended that the
Subcommittee try to rein in this extravagant spending and place
a cap on flight training at public institutions. This same
sentiment was echoed at this hearing, and subsequent hearings
during the 115th Congress, by VA and witnesses representing
several leading veteran service organizations. In its written
statement, during the Subcommittee on Economic Opportunity
hearing on November 11, 2014, VA expressed concern that many
public schools were using P.L. 111-377 to get around the
current cap on vocational flight training, stating:
There has been a significant increase in flight
training centers, specifically those that offer
helicopter training, which have contracted with public
IHLs to offer flight-related degrees. Sometimes these
programs charge higher prices than those that would be
charged if the student had chosen to attend the
vocational flight school for the same training. This
practice allows the flight schools to receive payments
above the academic year tuition and fee cap imposed by
statute, which is currently $11,562.86. If those same
classes are included in a public IHL degree program, VA
can pay up to 100 percent of the in-state tuition and
fee charges. This does not appear to be consistent with
the intent of Congress as it relates to flight
programs.
VA also included a legislative proposal in its FY 2016, FY
2018, and FY2019 budget submissions to place the same cap on
flight training as is currently in place for private, non-
profit, and for-profit institutions. As a result of the
proposal from VA, as well as concerns expressed by NASAA and
veterans groups, section 201 would place a cap on flight
training for tuition and fee payments at public schools at
$23,805, the same cap that is in place for all private for-
profit and non-profit institutions; this cap would also be
subject to the cost of living adjustment. This section would
also prohibit students from taking flight training at a public
institution as an elective course and would grandfather
students currently in flight training programs for two years
following enactment. The Committee believes this grandfather
clause is important to cover current students who enrolled in
these programs with the understanding that their tuition and
fees would be completely paid for under the Post-9/11 G.I.
Bill. The section also subjects all programs that are
contracted out by a public school to a third party to this same
cap.
The Committee does not propose this cap lightly and
understands that this would change the way that some flight
schools are paid for through the Post-9/11 G.I. Bill. The
Committee, however, is concerned that the sharp growth in these
programs and the undeniable increase in the cost of flight
training following the enactment of P.L. 111-377 shows that
there have been some who have found this loophole in the law
and exploited it.
As confirmation of this exploitation, data provided by VA
to the Committee, between FY 2013 and FY 2014, show that the
number of students taking flight training increased by only 171
students, or 9 percent, yet the total cost to taxpayers for
this program grew by $37 million, or 87 percent, during this
same period. These data also show that in one case in FY 2014,
VA paid over $534,000 in tuition and flight payments for one
student that year. In a story in The Los Angeles Times on March
15, 2015, entitled, ``U.S. Taxpayers Stuck with the Tab as
Helicopter Flight Schools Exploit GI Bill Loophole,'' the owner
of one of these schools essentially admitted to exploiting the
loophole by stating, ``Because there was no cap, we started to
one-up each other . . . You kind of end up with an arms
race.''\2\ While the Committee understands that many of the
past abuses in this program have been curtailed due to
enforcement of existing regulations by VA, there is still no
statutory limitation that keeps programs like these or other
industries from taking advantage of this loophole in the
future. The Committee believes that paying these unrestrained
costs was never the intent of the Post-9/11 G.I. Bill. By
implementing this cap Congress would be curbing further
potential abuse of this program and leveling the playing field
for this program with the cap on tuition and fee payments
authorized for private schools.
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\2\http:/www.latimes.com/nation/la-me-adv-gbill-20150315-
story.html#page.
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The Committee also recognizes that the cost of flight
training at some institutions can be significantly higher than
the proposed private school cap. To ensure that flight training
is still an option for veterans, this section would also
eliminate the current prohibition on using GI Bill funds to pay
for training that leads to a private pilot's license. By
lifting this prohibition, this section would remove a barrier
to entry to aviation careers while still keeping the
requirements that such training be used towards a goal of
receiving training towards a vocation in aviation and not be
used as elective training. The Committee has been told by the
flight industry that most flight training programs can be
completed in two years. To help meet the higher cost of flight
training and meet this compressed timeline, this section would
also authorize student veterans to accelerate their payments
under the Post-9/11 G.I. Bill for flight training. This means
that the students could choose to condense their 36 months of
eligibility into 18 months and the amount of tuition and fees
that VA would pay per year would be double the private school
cap. The section would require that a veteran received
educational counseling provided by VA under section 3697A(a) of
title 38, U.S.C. to ensure they understand the ramifications of
their decision to accelerate their benefits.
Data provided to the Committee on flight training under the
Post-9/11 G.I. bill in FY 2016, indicates that even if the cap
on tuition and fees were in place, over 60 percent of all
students would not have been negatively impacted by the
proposed cap and 87 percent would be covered by the accelerated
payment option if they completed their training in two
traditional academic years or 18 months. The Committee believes
that these two provisions will help alleviate the cost of
flight training with the new cap on tuition and fees for flight
training that would be put in place by this section.
Section 202. Elimination of the Period of Eligibility for Vocational
Rehabilitation and Employment Program of the Department of
Veterans Affairs
Section 3103 of title 38, U.S.C. requires that subsistence
allowance payments and benefits paid through the VR&E; program
expire 12 years following a participant's discharge from active
duty. The section also authorizes for the delimiting date to be
waived for various reasons including if the veteran's
disability has prevented the veterans from beginning a program,
a VR&E; counselor determines that the veteran's disability is so
severe that they are not suitable for employment and should be
provided independent living services, if a VR&E; counselor
determines that the veteran has a serious employment handicap,
or if the veteran was unable to complete their program due to
being called up for active duty under certain sets of orders
authorized by title 10, U.S.C. Despite these waivers, there are
certain instances where a veteran would run up against the
current 12 year delimiting date for VR&E; benefits. Section 202
would eliminate the 12 year delimiting date for all
beneficiaries. The Committee believes that by removing this
barrier Congress would ensure that all service-connected
veterans who qualify for VR&E; have the ample time to use this
benefit to help them overcome their barrier to employment or
independent living. The Committee also believes this change is
appropriate as it would bring VR&E; benefits in line with the
Harry W. Colmery Veterans Educational Assistance Act of 2017
(P.L. 115-247), also known as the Forever GI Bill, which
eliminated the delimiting date for G.I. Bill benefits for
certain veterans.
Section 203. Educational Assistance During Extended School Closures Due
to Natural Disasters
When a natural disaster, such as Hurricane Harvey which hit
Texas and other locations in 2017, hits a community it can be
difficult for some brick and mortar schools and training
programs to remain open. When these schools close, student
veterans lose their living stipends under the Post-9/11 G.I.
Bill because they are no longer attending school. For many
student veterans this can be challenging as the living stipend
payment was their only source of income. In order to begin
receiving a living stipend again many are turning to online
schools to continue their studies. However, under current law
if a student is using the GI Bill completely online they only
receive half of the national average living stipend. Section
203 would address this problem and would authorize a veteran
impacted by a natural disaster to receive their full living
stipend for up to four months or when the brick and mortar
school reopens, whichever happens first. The Committee believes
this section would allow the student veteran, who presumably is
also dealing with the aftereffects of the natural disaster, to
not have their living stipends cut off and help ensure their
success and retention in school or training.
Hearings
On October 11, 2017, the Subcommittee on Economic
Opportunity conducted a legislative hearing on several bills
pending before the subcommittee including draft legislation
that is similar to section 103 of H.R. 5649, as amended.
The following witnesses testified:
The Honorable John H. Rutherford, U.S. House of
Representatives, 4th District, Florida; The Honorable
James A. Himes, U.S. House of Representatives, 4th
District, Connecticut; The Honorable Martha McSally,
U.S. House of Representatives, 2nd District, Arizona;
The Honorable Ro Khanna, U.S. House of Representatives,
17th District, California; MG Robert M. Worley II USAF
(Ret.), Director of the Education Service, Veterans
Benefit Administration of the U.S. Department of
Veterans Affairs who was accompanied by Mr. Jeffrey
London, Director of the Loan Guaranty Service, Veterans
Benefits Administration of the U.S. Department of
Veterans Affairs; Mr. John Kamin, Assistant Director of
the Veteran Employment and Education, The American
Legion; and Mr. William Hubbard, Vice President of
Government Affairs, Student Veterans of America.
Statements for the record were submitted by:
The Honorable Lee M. Zeldin, U.S. House of
Representatives, 1st District, New York; and Helicopter
Association International.
On March 20, 2018, the Subcommittee on Economic Opportunity
held a legislative hearing on several bills pending before the
Subcommittee including bills which are incorporated in section
203 of H.R. 5649, as amended.
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.
On May 23, 2018, the Subcommittee on Economic Opportunity
held a legislative hearing on several bills pending before the
Subcommittee including bills which are incorporated in sections
101, 102, 103, 104, 105, and 106 of H.R. 5649, as amended.
The following witnesses testified:
The Honorable Julia Brownley, U.S. House of
Representatives, 26th District, California; The
Honorable Scott Peters, U.S. House of Representatives,
52nd District, California; The Honorable Brad Wenstrup,
U.S. House of Representatives, 2nd District, Ohio; The
Honorable Cheri Bustos, U.S. House of Representatives,
17th District, Illinois; The Honorable Ryan Costello,
U.S. House of Representatives, 6th District,
Pennsylvania; Ms. Margarita Devlin, Principal Deputy
Under Secretary for Benefits, Veterans Benefits
Administration, U.S. Department of Veterans Affairs;
Mr. John Kamin, Assistant Director, Veterans Employment
and Education Division, The American Legion; Ms. Lauren
Augustine, Vice President of Government Affairs,
Student Veterans of America; and Ms. Rebecca Burgess,
Program Manager, Program on American Citizenship,
American Enterprise Institute.
Statements for the record were submitted by:
U.S. Department of Defense; U.S. Department of
Justice; Tragedy Assistance Program for Survivors; and
Paralyzed Veterans of America
Subcommittee Consideration
There was no Subcommittee consideration of H.R. 5649, as
amended.
Committee Consideration
On July 12, 2018, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 5649, as
amended, to be reported favorably to the House of
Representatives by voice vote. During consideration of the
bill, the following amendment was considered and agreed to by
voice vote:
An amendment in the nature of a substitute offered by
Representative Roe of Tennessee, which combined the
provisions related to improving transition assistance
programs and benefits, providing additional educational
assistance for veterans impacted by a natural disaster,
elimination of the delimitating date for use of VR&E;
benefits, and making changes to GI Bill eligibility for
flight training.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 5649,
as amended, reported to the House. A motion by Representative
Tim Walz of Minnesota to report H.R. 5649, as amended,
favorably to the House of Representatives was adopted by voice
vote.
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 are to improve the transition of
servicemembers from military to civilian life and make changes
to VR&E; and Post-9/11 GI bill benefits.
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. 5649, 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.
5649, 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. 5649, as amended, 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, July 19, 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. 5649, the Navy
SEAL Chief Petty Officer William `Bill' Mulder (Ret.)
Transition Improvement Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Newman.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 5649--Navy SEAL Chief Petty Officer William `Bill' Mulder (Ret.)
Transition Improvement Act of 2018
Summary: Enacting H.R. 5649 would affect several programs
of the Department of Veterans Affairs (VA) that provide
education benefits. On net, CBO estimates that enacting the
bill would decrease direct spending for those benefits by $125
million over the 2019-2028 period.
In addition, H.R. 5649 would authorize grants for programs
that help separating military personnel prepare for civilian
life. It also would require two studies of similar programs
that are administered by the federal government. In total, CBO
estimates that implementing the bill would cost $16 million
over the 2019-2023 period, assuming appropriation of the
necessary amounts.
Pay-as-you-go procedures apply because enacting H.R. 5649
would affect direct spending. The bill would not affect
revenues.
CBO estimates that enacting H.R. 5649 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5649 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 5649 is shown in Table 1. The costs of
the legislation fall within budget function 700 (veterans
benefits and services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 5649, THE NAVY SEAL CHIEF PETTY OFFICER WILLIAM `BILL' MULDER (RET.) TRANSITION IMPROVEMENT ACT OF 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Estimated Budget Authority.................................. 0 -1 * -4 -9 -12 -18 -20 -20 -21 -22 -25 -125
Estimated Outlays........................................... 0 -1 * -4 -9 -12 -18 -20 -20 -21 -22 -25 -125
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................... 0 5 3 3 3 3 0 0 0 0 0 17 17
Estimated Outlays........................................... 0 4 3 3 3 3 1 0 0 0 0 16 17
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Details may not add to totals because of rounding; * = between -$500,000 and $500,000.
Basis of estimate: For this estimate, CBO assumes that the
estimated amounts will be appropriated each year, that outlays
will follow historical spending patterns for affected programs,
and that the bill will be enacted at the start of fiscal year
2019.
Enacting H.R. 5649 would affect several VA programs that
provide education benefits. On net, CBO estimates that enacting
the bill would decrease direct spending for those benefits by
$125 million over the 2019-2028 period (see Table 2).
Direct spending for flight training
Under the Post-9/11 GI Bill, VA pays for up to 36 months
(or four academic years) of educational expenses for eligible
veterans and military personnel at institutions of higher
learning. The department pays an amount equal to the actual
tuition and fees charged to in-state residents for those
attending public institutions, and up to a maximum annual
amount for those at private institutions ($22,805 for the 2017-
2018 academic year). Beneficiaries also are entitled to receive
a book stipend of up to $1,000 per year, and if they are
attending school more than half time, a monthly housing
allowance. When the tuition and fees exceed the benefit, and if
the school agrees to defray part of the excess costs,
beneficiaries can receive matching assistance for the remaining
costs from VA under the Yellow Ribbon GI Education Enhancement
Program (YRP). VA makes payments for tuition and fees directly
to the educational institutions.
TABLE 2.--ESTIMATE OF THE EFFECTS ON DIRECT SPENDING OF H.R. 5649, THE NAVY SEAL CHIEF PETTY OFFICER WILLIAM `BILL' MULDER (RET.) TRANSITION IMPROVEMENT ACT OF 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2019-2023 2019-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Flight Training:
Estimated Budget Authority.............................. 0 -2 -1 -5 -10 -13 -19 -21 -21 -22 -23 -31 -137
Estimated Outlays....................................... 0 -2 -1 -5 -10 -13 -19 -21 -21 -22 -23 -31 -137
Education Assistance During School Closures:
Estimated Budget Authority.............................. 0 1 1 1 1 1 1 1 1 1 1 5 10
Estimated Outlays....................................... 0 1 1 1 1 1 1 1 1 1 1 5 10
Vocational Rehabilitation:
Estimated Budget Authority.............................. 0 * * * * * * * * * * 1 2
Estimated Outlays....................................... 0 * * * * * * * * * * 1 2
Total Changes in Direct Spending:
Estimated Budget Authority.......................... 0 -1 * -4 -9 -12 -18 -20 -20 -21 -22 -25 -125
Estimated Outlays................................... 0 -1 * -4 -9 -12 -18 -20 -20 -21 -22 -25 -125
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Details may not sum to totals because of rounding; * = between -$500,000 and $500,000.
Section 201 of the bill would impose a cap equal to that
for tuition and fees at private institutions on such payments
for programs at public institutions that involve flight
training. It also would allow beneficiaries in such programs to
accelerate usage of their entitlement by receiving two months'
worth of tuition and fees each month for up to 18 months. On
net, enacting section 201 would decrease direct spending by
$137 million over the 2019-2028 period, CBO estimates.
Maximum Payment for Tuition and Fees. Capping payments for
flight training would reduce outlays for tuition and fees by
$246 million over the 2019-2028 period. That effect would be
partially offset by increased payments under the YRP of $55
million. In total, net direct spending would decline by $191
million over the 2019-2028 period as a result of the new cap,
CBO estimates.
Flight-training programs require significant expenditures
for aircraft purchases, equipment maintenance, aviation fuel,
and insurance. In 2016, the last year for which data is
currently available, VA paid an average of $28,000 in tuition
and fees for beneficiaries enrolled in flight-training programs
at public institutions. However, payments for some people were
significantly higher; tuition and fees exceeded $100,000 for 10
percent of recipients. In that year, the maximum benefit for
tuition and fees at private institutions was $21,805.
Enacting section 201 would only reduce payments for
students at public institutions whose tuition exceeds the new
cap. In 2016, about 900 students had tuition and fees that
exceeded the $21,085 limit applicable to private institutions
for that year; the average cost for those students was about
$44,000, a difference of $22,900. That gap would increase
annually because flight-training costs and the new cap would
both increase with inflation. The difference between the cap
and the average cost for students whose tuition and fees
exceeded the cap would average $31,000 over the next 10 years.
Students who are enrolled in flight-training programs
before enactment of H.R. 5649 would not see their education
benefits reduced until a term that begins two years after the
date of enactment. Accounting for all those changes, CBO
estimates that payments to schools would decline by about $246
million over the 2019-2028 period as a result of the new cap.
However, the savings realized by capping tuition payments
would be partially offset because some students would be
eligible for additional assistance under the Yellow Ribbon
Program. The YRP provides additional payments for some students
who face tuition and fees above what VA will typically cover.
Institutions participating in the YRP agree to cover a portion
of the difference between the tuition charged and the amount
that VA would otherwise pay. VA then matches that financial
assistance, thereby reducing or eliminating students' out-of-
pocket expenses.
Using data from VA on payments under the YRP, CBO expects
that about 50 percent of the institutions affected by the new
cap on flight-training costs would make qualifying
contributions under the YRP. Those contributions would cover
about 45 percent of the difference between the listed amount
for tuition and fees and the cap on VA's payments for those
costs. Thus, reductions in benefit payments for flight training
would be about 20 percent less than what they would be in the
absence of the Yellow Ribbon Program. The increase in VA's
matching payments under the YRP would total about $55 million
over the 2019-2028 period, CBO estimates.
Accelerated Payments. Section 201 also would allow students
using the Post-9/11 GI Bill for flight training to receive up
to twice the new cap on the monthly benefit of tuition and fees
(equal to $45,600 for the 2017-2018 academic year) for half as
many months. Payments would be the lesser of that maximum
amount or actual tuition and fees. Beneficiaries who elect to
receive payments at that accelerated rate would be charged two
months of their 36-month entitlement for each month they
receive that larger amount. Thus, a beneficiary who chooses to
accelerate payments for every month would exhaust their benefit
in 18 months. The monthly housing allowances and book stipends
must be taken at the same time as the payments for tuition and
fees and would not accelerate under the bill; thus, individuals
who choose to receive the accelerated payments for tuition and
fees would lose up to 18 months of housing and book allowances.
CBO expects that some beneficiaries who elect to accelerate
payments for tuition and fees would receive more in total
benefits, while others would receive less. Additionally, some
beneficiaries who accelerate payments would receive more
benefits over the next 10 years than they would under current
law regardless of whether the total amount of benefit they
receive increases or decreases under this provision. On net,
providing the option to accelerate payments for tuition and
fees would increase costs relative to the proposed cap on
tuition and fees and would thus reduce the direct spending
savings of the tuition cap by $54 million over the 2019-2028
period.
Students at Two-Year Institutions. Approximately 50 percent
of beneficiaries in flight-training programs attend two-year
programs at institutions such as community colleges. Students
who complete those programs earn an associate's degree and the
certifications necessary to become a commercial pilot. Because
they would have the necessary credentials to become pilots
after 18 academic months, CBO estimates that under current law
students in those programs would not use all of their remaining
18 months of Post-9/11 GI Bill benefits. CBO expects that, on
average, those individuals would use the equivalent of 9
additional months of benefits after completing the flight-
training program, or 27 months in total.
Under section 201, students at institutions whose tuition
costs would exceed the new cap would have a strong incentive to
choose the higher payments because they typically would
complete the program within two academic years (18 months).
Students at two-year programs who elect to accelerate their
benefits could receive the equivalent of 36 months of tuition
and fees and 18 months of allowances. Under current law, those
students would have received an average of 27 months of all
payments.
CBO expects half the students at two-year institutions
would opt to accelerate payments; about 225 students a year
would receive an average of $16,000 more if they choose to
accelerate payments. Additionally, the savings from the shifted
tuition payments and forgone housing and book stipends of
students who first elect to receive accelerated payments in
2027 and 2028 would occur after 2028 and are thus not part of
this estimate. In total, accelerated payments for students in
two-year programs would cost $39 million over the 2019-2028
period, relative to the savings from the tuition cap.
Students at Four-Year Institutions. The students at four-
year institutions have less incentive to accelerate receipt of
their benefits. CBO expects that most of those students would
use all 36 months of benefits available to them under current
law. Thus, beneficiaries who elect to accelerate payments would
not see a significant change in the total amount paid for
tuition and fees, but they would lose up to 18 months of
housing allowances and book stipends. However, accelerating
payments would reduce students' out-of-pocket costs initially.
CBO expects that about 25 percent of students in four-year
programs (about 100 students a year) whose costs would exceed
the new cap on payments would choose to accelerate their
tuition benefits; those students would receive accelerated
payments for a period, but would forgo an average of $25,000 in
total benefits.
Over the budget window, higher spending in earlier years
would be almost entirely offset by lower spending in later
years. After five years, the annual savings from shifted and
forgone payments would exceed the annual costs accelerated
payments. Like students at two-year institutions, the savings
from the shifted and forgone benefits of students who first
elect to receive the higher payments in 2027 and 2028 would
occur after 2028 and are thus not part of this estimate. On
net, those changes would reduce direct spending by $1 million
over the 2019-2028 period, relative to the savings from the
tuition cap.
Students in Nondegree Programs. Under Section 201, students
in flight training programs that do not lead to a degree also
would be able to accelerate payment of tuition and fees.
Current law caps payment for those programs at $13,527 for
2018. Very few beneficiaries in those programs receive the
monthly housing allowance, so there is little disincentive to
accelerating payments. However, only about 15 percent of
students in those programs have tuition and fee costs at or
near the current law cap, so few are likely to need to
accelerate payments. CBO expects that about 90 such students a
year would choose to accelerate payments and that those
students would have used another nine months of their remaining
benefits under current law. On net, those students would
receive roughly $17,000 more in benefits. As a result, direct
spending would increase by $16 million over the 2019-2028
period relative to the savings from the tuition cap, CBO
estimates.
Other direct spending
Two other provisions would affect direct spending. CBO
estimates that in total those provisions would increase direct
spending by $12 million over the 2019-2023 period.
Education Assistance during School Closures. Section 203
would authorize VA to provide additional education assistance
to certain people who receive such benefits through the Post-9/
11 GI Bill or through several VA education programs.
In the event that educational institutions temporarily
close as a result of a natural disaster such as a hurricane, VA
continues to pay allowances to beneficiaries enrolled in those
institutions for up to four weeks. Under section 203, VA would
continue to pay those allowances for up to four months if the
institution expects to be closed for more than four weeks and
the beneficiary chooses to continue the program of education
(or a substitute program) solely through distance learning. The
beneficiary's entitlement to education assistance (a total of
36 months) would not be charged for the additional payments for
housing allowances or for the cost of the online program.
VA does not have information about the number of
beneficiaries who continued to receive allowances during
closures under current law, but the department has identified
several thousand individuals who attended institutions that
were located in areas that had been affected by significant
natural disasters over the last two years. CBO expects that
relatively few institutions would remain closed for more than
four weeks and that beneficiaries residing in those areas would
be unlikely to enroll in substitute programs during the
temporary closure. However, CBO expects that each year roughly
300 beneficiaries would receive two additional months of
allowances at an average cost of $1,500 per month. The cost of
those allowances would increase direct spending by $10 million
over the 2019-2028 period.
Vocational Rehabilitation. During the 12-year period after
they separate from the military, veterans with service-
connected disabilities that limit or prevent them from being
employed can receive vocational rehabilitation services such as
education, job training, and physical therapy from VA. The
costs of those services are paid from mandatory appropriations.
Section 202 would remove the 12-year limit on those benefits.
Under current law, the Department of Veterans Affairs has
broad authority to provide such benefits after the 12-year
period, particularly for veterans who have a serious employment
handicap, or who have been prevented from obtaining such
services during the 12-year period for any of a number of
reasons. Thus, CBO expects that most veterans who need
vocational rehabilitation after 12 years from their separation
dates would receive those benefits under current law. However,
under this provision, a small number of veterans would receive
more benefits than they would have under current law. The costs
for those veterans who receive additional benefits as a result
of enacting section 202 would be insignificant in each year and
would total $2 million over the 2019-2028 period, CBO
estimates.
Spending subject to appropriation
H.R. 5649 would authorize grants for programs that help
separating military personnel prepare for civilian life. It
also would require two studies of the Transition Assistance
Program. The bill would make several modifications to the
program that CBO expects would have insignificant costs. In
total, CBO estimates that implementing the bill would cost $16
million over the 2019-2023 period, assuming appropriation of
the necessary amounts (see Table 3).
Grants. Section 103 would require VA to provide $10 million
in grants over a 5-year period to organizations that help
former military service members and their spouses prepare for
civilian employment. Such assistance includes resume
preparation, interview training, and related employment
services. Based on historical spending patterns, CBO estimates
that providing those grants would cost $9 million over the
2019-2023 period.
Longitudinal Study. Section 106 would require VA to conduct
a 5-year longitudinal study on transition assistance for newly
separated members of the armed forces. The study would compare
the outcomes of transition assistance between three cohorts of
veterans: those who received the training before the enactment
of H.R. 5649, those who receive the training after enactment,
and those who do not receive the training.
The bill also would require periodical reports to the
Congress documenting the progress and results of the study.
Using information from VA on the resources needed to conduct
longitudinal studies, CBO estimates that implementing this
section would cost $5 million over the 2019-2023 period,
assuming appropriation of the necessary amounts.
TABLE 3.--ESTIMATE OF THE EFFECTS ON SPENDING SUBJECT TO APPROPRIATION OF H.R. 5649, THE NAVY SEAL CHIEF PETTY
OFFICER WILLIAM `BILL' MULDER (RET.) TRANSITION IMPROVEMENT ACT OF 2018
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
Grants:
Authorization Level.................................... 0 2 2 2 2 2 10
Estimated Outlays...................................... 0 1 2 2 2 2 9
Longitudinal Study:
Authorization Level.................................... 0 1 1 1 1 1 5
Estimated Outlays...................................... 0 1 1 1 1 1 5
Independent Assessment:
Estimated Authorization Level.......................... 0 2 0 0 0 0 2
Estimated Outlays...................................... 0 2 * 0 0 0 2
Total Changes in Spending Subject to Appropriation:
Estimated Authorization Level...................... 0 5 3 3 3 3 17
Estimated Outlays.................................. 0 4 3 3 3 3 16
----------------------------------------------------------------------------------------------------------------
Details may not sum to totals because of rounding; * = between zero and $500,000.
Independent Assessment. Section 105 would require VA to
enter into an agreement with a nongovernment entity with
experience in adult education to assess the effectiveness of
several aspects of the Transition Assistance Program. Using
information from VA about studies of similar size and scope,
CBO estimates that implementing this section would cost $2
million over the 2019-2023 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5649 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON VETERANS' AFFAIRS ON JULY 12, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2018-2023 2018-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact................. 0 -1 0 -4 -9 -12 -18 -20 -20 -21 -22 -25 -125
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 5649 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 5649 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Ann E. Futrell and
David Newman; Mandates: Andrew Laughlin.
Estimate reviewed by: Sarah Jennings, Chief, Defense,
International Affairs, and Veterans' Affairs Unit; 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. 5649, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates 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.
5649, as amended.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 5649, 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. 5649, 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.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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. 5649, 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),
the Committee estimates that H.R. 5649, as amended, contains no
directed rulemaking that would require the Secretary to
prescribe regulations.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 of the bill would cite the short title of the
bill to be the ``Navy SEAL Chief Petty Officer William `Bill'
Mulder (Ret.) Transition Improvement Act of 2016''
Section 2. Table of contents
Section 2 of the bill sets the table of contents.
Section 101. Access for the Secretaries of Labor and Veterans Affairs
to the Federal Directory of New Hires
Section 101 would amend section 453A(h) of the Social
Security Act (42 U.S.C. 653a(h)) by adding a new paragraph (4)
that would authorize VA and DoL to access the information
provided by the Federal Directory of New Hires for tracking
veteran employment outcomes.
Section 102. Pilot program for off-base transition training for
veterans and spouses
Section 102(a) would amend subsection 301(a) of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (P.L. 112-260) to reauthorize the pilot program to
offer TAP at off-base locations. The section would strike
``during the two year period beginning on the date of enactment
of this Act, the'' and inserting an authorization to conduct
the pilot program for five years after enactment of this
section. Additionally this subsection would strike, ``to assess
the feasibility and advisability of providing such program to
eligible individuals at locations other than military
installations.''
Section 102(b) would also amend section 301(c) by striking
the limitation on the use of this pilot at ``not less than
three and not more than five states'' and inserting ``not less
than 50 locations in States (as defined in section 101(20) of
title 38, U.S.C. In addition this subparagraph would further
amend section 301(c)(2) of this act by striking ``at least
two'' and inserting ``at least 20'' referring to the
requirement that when DoL chooses locations for the pilot
program, at least 20 should have high veteran unemployment.
Section 102(c) would repeal section 301(f) which required a
report of the Comptroller General on the pilot program that is
reauthorized by this section.
Section 103. Grants for provision of transition assistance to members
of the Armed Forces after separation, retirement, or discharge
Section 103(a) would authorize VA to make grants to
eligible organizations to provide transition assistance to
transitioning servicemembers, veterans, retirees, and their
spouses.
Section 103(b) would require that grantees who are provided
funding under this section, must spend the money on training to
transitioning servicemembers and their spouses for resume
assistance, interview training, job recruitment training, and
related services leading directly to successful transition, as
determined by VA.
Section 103(c) would require that in order to gain
eligibility for grant funding provided by this section the
grantee would be required to submit an application containing
such information and assurances as the Secretary of VA, in
consultation with DoL, may require.
Section 103(d) would require that VA, when making grants
under this section, provide priority to an organization that
provides multiple forms of services as described in subsection
103(b).
Section 103(e) would authorize that a grant made under this
section may not exceed more than 50 percent of the cost to a
grantee of providing services listed in subsection 103(b).
Section 103(f) would require VA to carry out this section
not later than six months after the effective date of this
section.
Section 103(g) would require that the provision of this
section terminate five years after VA implements this section.
Section 103(h) would authorize $10 million to be
appropriated to carry out this section.
Section 104. Study of community-based transition assistance programs
for members of the Armed Forces after separation, retirement,
or discharge
Section 104(a) would require VA, in consultation with state
entities who serve veterans, to contract with an appropriate
non-Federal entity to carry out a study to identify community
based programs that provide transition assistance to
servicemembers and/or veterans and are operated by non-profit
entities.
Section 104(b) would require VA to submit the list of
programs identified by section 104(a) to DoD so the secretaries
of the military departments may provide this information to
servicemembers during TAP.
Section 104(c) would require VA to publish the most recent
version of programs identified under this section on a public
VA website.
Section 105. One-year independent assessment of the effectiveness of
TAP
Section 105(a) would require that no later than 90 days
after enactment of this section, VA, in consultation with
covered officials, enter into an agreement with an appropriate
entity, with experience in adult education, to carry out a one-
year assessment of TAP. Such an assessment would include: (1)
the effectiveness of TAP for members of each military
department during the entire military life cycle; (2) the
appropriateness of the TAP career readiness standards; (3) a
review of information that is provided by VA under TAP,
including mental health data; (4) whether TAP effectively
addresses the challenges veterans face when entering the
civilian workforce and translates experience and skills from
military service to the job market; (5) whether TAP effectively
addresses the challenges faced by families when making the
transition to civilian life; (6) appropriate metrics regarding
TAP outcomes for members of the Armed Forces one year after
leaving active duty; (7) what VA, in consultation with covered
officials, veteran service organizations, and organizations
described by section 203(a) of this bill, determine to be
successful outcomes of TAP; (8) whether servicemembers meet the
requirements set forth by section 105(a)(7); (9) how VA and the
covered officials provide feedback to each other regarding such
outcomes; (10) recommendations from the Secretaries of the
military departments on how to improve TAP; and (11) other
topics that VA and covered officials determine would aid
servicemembers as they transition to civilian life.
Section 105(b) would require that no later than 90 days
following the completion of the report required by section
105(a), VA and covered officials must submit a report to the
House and Senate Committees on Veterans' Affairs and Armed
Services on the findings and recommendations of the independent
assessment prepared by the entity described in section 105(a).
This report would be required to include responses by VA to
covered officials to the findings and recommendations of the
independent assessment.
Section 105(c) would define covered officials as: the
Secretary of Defense, Secretary of Labor, Administrator of the
Small Business Administration, and Secretaries of the military
departments.
Section 106. Longitudinal study on changes to TAP
Section 106(a) would require that no later than 90 days
after enactment of this section VA, in consultation with DoD,
DoL, and SBA, begin to conduct a five-year longitudinal study
of TAP on three separate cohorts of transitioning
servicemembers. These cohorts would include: (1) servicemembers
who have attended TAP as implemented on date of enactment; (2)
servicemembers who attend TAP after VA and DoL have implemented
changes to TAP as required by section 105 of this bill; and
(3)servicemembers who didn't attend TAP.
Section 106(b) would require that no later than 90 days
after the date that is one year after the initiation of the
study required by section 106(a), and annually thereafter for
three years, VA, DoD, DoL, and SBA submit a progress report on
the results of the study from the previous year to the House
and Senate Committees on Veterans' Affairs and Armed Services.
Section 106(c) would require that not later than 180 days
after the completion of the study required by section 106(a),
VA, DoD, DoL, and SBA submit a final report on the finding
recommendations from this study to he House and Senate
Committees on Veterans' Affairs and Armed Services.
Section 106(d) would require that the final report
including information on the following: (1) the percentage of
each cohort that received unemployment benefits during the
study; (2) the number of months members of each cohort were
employed during this study; (3) the annual starting and ending
salaries of members of each cohort who were employed during the
study; (4) how many members of each cohort enrolled in an
institution of higher learning as defined by section 3452(f) of
title 38, U.S.C.; (5) the academic credit hours, degrees, and
certificates obtained by members of each cohort during the
study; (6) the annual income of members of each cohort; (7) the
total household income of members of each cohort; (8) how many
members of each cohort own their principal residences; (9) how
many dependents that members of each cohort have; (10) the
percentage of each cohort that achieves a successful TAP
outcome as defined by section 205(a)(6) of this bill; and (11)
other criteria the Secretaries of VA, DoD, and DoL along with
the Administrator of the Small Business Administration
determine appropriate.
Section 201. Improvements to assistance for certain flight training and
other programs of education
Section 201(a) would amend section 3034(d) of title 38,
U.S.C. to remove the prohibition on the use the of G.I. Bill
funds to pay for training that leads to a private pilot's
license.
Section 201(b) would amend section 3313 by adding a new
subsection (k).
The new 3313(k)(1) would authorize that participants using
educational assistance through chapter 33 of title 38, U.S.C.
for flight training at an institute of higher learning or
vocational school may elect to receive accelerated tuition and
fee payments that would be equal to double the amount
authorized by section 3313(c) or the cap on tuition and fees at
a non-public institution of higher learning. This payment would
not be allowed to exceed the total cost of tuition and fees for
the flight training program. This subsection would also clarify
that living stipend payments would not be accelerated by this
change. The new section 3313(k)(2) would require that before a
participant makes an election to accelerate training through
this section they would have to receive educational counseling
under section 3697A(a) of title 38, U.S.C. The new section
3313(k)(3) would authorize that the charge against the
participant's entitlement to educational assistance will be
charged at a cost of two months for each month the accelerated
payment is made.
Section 201(c) would amend section 3313(c)(1)(A) of title
38, U.S.C., to subject flight training at public schools to the
cap on tuition and fees established by 3313(c)(1)(A)(ii) of
title 38, U.S.C. Under this provision, students would not be
allowed to take flight training courses unless the training is
specifically required to obtain their degree.
Section 201(d) would amend section 3313(c)(1)(A)(ii)(II) of
title 38, U.S.C., as added by the previous section to subject
any program of education pursued at a public institution of
higher learning in which the school enters into a contract or
agreement with another entity to provide the program of
education, or a portion of the program, to the cap established
by 3313(c)(1)(A)(ii)(II) of title 38, U.S.C.
Section 201(e) would require that the changes that would be
made by this section apply to any quarter, semester, or term
commencing on or after enactment of the bill and that the new
rules would not go into effect for current students that would
be impacted by this section for two additional years following
enactment.
Section 202. Elimination of the period of eligibility for the
vocational rehabilitation and employment program of the
Department of Veterans Affairs
Section 202(a) would repeal section 3103 of title 38,
U.S.C. that placed restrictions on the amount of time a
participant had to complete their VR&E; program following their
discharge from active duty.
Section 202(b) amends the table of contents for chapter 31
of title 38, U.S.C. as it relates to section 202(a) of this
bill.
Section 203. Educational assistance during extended school closures due
to natural disasters
Section 203 would amend section 3680 of title 38, U.S.C. by
adding a new subparagraph (h).
The new 3680(h)(1) would require that an individual
described in paragraph (2) would be entitled to a living
stipend in the amount to which the individual would be entitled
were they still attending an institution of higher learning but
for a school closure as described by paragraph (4).
The new section 3680(h)(2) would define an eligible
individual as one who is pursing a course of education at an
institution of higher learning through chapters 32, 33, 34, or
35 who is forced to discontinue pursuing such course as a
result of closure as defined by paragraph (4) and opts to
pursue a course of education or alternative course solely by
distance learning.
The new section 3680(h)(3) would set the duration of
monthly payments payable to eligible individuals to be the
shorter of the time to complete the quarter, semester, term or
academic period during which the school closure occurred or
four months.
The new section 3680(h)(4) defines a ``school closure''
under this section as a closure by reason of natural disaster
for a period the institution confirms will last four weeks or
longer or as described by the institution as indefinite, and
that VA confirms is covered for purposes of this subsection.
The new section 3680(h)(5) would define the term ``natural
disaster'' as a specific weather event or earth process
including a hurricane, tornado, wildfire or forest fire,
earthquake, avalanche, mudslide, hailstorm, thunderstorm,
lightning storm, freeze, blizzard, sinkhole, or other natural
disaster event that occurs as an event or process, that the
President or governor of a State declares a natural disaster.
The new section 3680(h)(6) would require that no charge
shall be made against entitlement to any individual by reason
of this section using chapters 32, 33, 34, and 35 of title 38,
U.S.C.
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):
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):
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
Part D--Child Support and Establishment of Paternity
* * * * * * *
SEC. 453A. STATE DIRECTORY OF NEW HIRES.
(a) Establishment.--
(1) In general.--
(A) Requirement for States that have no
directory.--Except as provided in subparagraph
(B), not later than October 1, 1997, each State
shall establish an automated directory (to be
known as the ``State Directory of New Hires'')
which shall contain information supplied in
accordance with subsection (b) by employers on
each newly hired employee.
(B) States with new hire reporting law in
existence.--A State which has a new hire
reporting law in existence on the date of the
enactment of this section may continue to
operate under the State law, but the State must
meet the requirements of subsection (g)(2) not
later than October 1, 1997, and the
requirements of this section (other than
subsection (g)(2)) not later than October 1,
1998.
(2) Definitions.--As used in this section:
(A) Employee.--The term ``employee''--
(i) means an individual who is an
employee within the meaning of chapter
24 of the Internal Revenue Code of
1986; and
(ii) does not include an employee of
a Federal or State agency performing
intelligence or counterintelligence
functions, if the head of such agency
has determined that reporting pursuant
to paragraph (1) with respect to the
employee could endanger the safety of
the employee or compromise an ongoing
investigation or intelligence mission.
(B) Employer.--
(i) In general.--The term
``employer'' has the meaning given such
term in section 3401(d) of the Internal
Revenue Code of 1986 and includes any
governmental entity and any labor
organization.
(ii) Labor organization.--The term
``labor organization'' shall have the
meaning given such term in section 2(5)
of the National Labor Relations Act,
and includes any entity (also known as
a ``hiring hall'') which is used by the
organization and an employer to carry
out requirements described in section
8(f)(3) of such Act of an agreement
between the organization and the
employer.
(C) Newly hired employee.--The term ``newly
hired employee'' means an employee who--
(i) has not previously been employed
by the employer; or
(ii) was previously employed by the
employer but has been separated from
such prior employment for at least 60
consecutive days.
(b) Employer Information.--
(1) Reporting requirement.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), each employer shall
furnish to the Directory of New Hires of the
State in which a newly hired employee works, a
report that contains the name, address, and
social security number of the employee, the
date services for remuneration were first
performed by the employee, and the name and
address of, and identifying number assigned
under section 6109 of the Internal Revenue Code
of 1986 to, the employer.
(B) Multistate employers.--An employer that
has employees who are employed in 2 or more
States and that transmits reports magnetically
or electronically may comply with subparagraph
(A) by designating 1 State in which such
employer has employees to which the employer
will transmit the report described in
subparagraph (A), and transmitting such report
to such State. Any employer that transmits
reports pursuant to this subparagraph shall
notify the Secretary in writing as to which
State such employer designates for the purpose
of sending reports.
(C) Federal government employers.--Any
department, agency, or instrumentality of the
United States shall comply with subparagraph
(A) by transmitting the report described in
subparagraph (A) to the National Directory of
New Hires established pursuant to section 453.
(2) Timing of report.--Each State may provide the
time within which the report required by paragraph (1)
shall be made with respect to an employee, but such
report shall be made--
(A) not later than 20 days after the date the
employer hires the employee; or
(B) in the case of an employer transmitting
reports magnetically or electronically, by 2
monthly transmissions (if necessary) not less
than 12 days nor more than 16 days apart.
(c) Reporting Format and Method.--Each report required by
subsection (b) shall, to the extent practicable, be made on a
W-4 form or, at the option of the employer, an equivalent form,
and may be transmitted by 1st class mail, magnetically, or
electronically.
(d) Civil Money Penalties on Noncomplying Employers.--The
State shall have the option to set a State civil money penalty
which shall not exceed--
(1) $25 per failure to meet the requirements of this
section with respect to a newly hired employee; or
(2) $500 if, under State law, the failure is the
result of a conspiracy between the employer and the
employee to not supply the required report or to supply
a false or incomplete report.
(e) Entry of Employer Information.--Information shall be
entered into the data base maintained by the State Directory of
New Hires within 5 business days of receipt from an employer
pursuant to subsection (b).
(f) Information Comparisons.--
(1) In general.--Not later than May 1, 1998, an
agency designated by the State shall, directly or by
contract, conduct automated comparisons of the social
security numbers reported by employers pursuant to
subsection (b) and the social security numbers
appearing in the records of the State case registry for
cases being enforced under the State plan.
(2) Notice of match.--When an information comparison
conducted under paragraph (1) reveals a match with
respect to the social security number of an individual
required to provide support under a support order, the
State Directory of New Hires shall provide the agency
administering the State plan approved under this part
of the appropriate State with the name, address, and
social security number of the employee to whom the
social security number is assigned, and the name and
address of, and identifying number assigned under
section 6109 of the Internal Revenue Code of 1986 to,
the employer.
(g) Transmission of Information.--
(1) Transmission of wage withholding notices to
employers.--Within 2 business days after the date
information regarding a newly hired employee is entered
into the State Directory of New Hires, the State agency
enforcing the employee's child support obligation shall
transmit a notice to the employer of the employee
directing the employer to withhold from the income of
the employee an amount equal to the monthly (or other
periodic) child support obligation (including any past
due support obligation) of the employee, unless the
employee's income is not subject to withholding
pursuant to section 466(b)(3).
(2) Transmissions to the national directory of new
hires.--
(A) New hire information.--Within 3 business
days after the date information regarding a
newly hired employee is entered into the State
Directory of New Hires, the State Directory of
New Hires shall furnish the information to the
National Directory of New Hires.
(B) Wage and unemployment compensation
information.--The State Directory of New Hires
shall, on a quarterly basis, furnish to the
National Directory of New Hires information
concerning the wages and unemployment
compensation paid to individuals, by such
dates, in such format, and containing such
information as the Secretary of Health and
Human Services shall specify in regulations.
(3) Business day defined.--As used in this
subsection, the term ``business day'' means a day on
which State offices are open for regular business.
(h) Other Uses of New Hire Information.--
(1) Location of child support obligors.--The agency
administering the State plan approved under this part
shall use information received pursuant to subsection
(f)(2) to locate individuals for purposes of
establishing paternity and establishing, modifying, and
enforcing child support obligations, and may disclose
such information to any agent of the agency that is
under contract with the agency to carry out such
purposes.
(2) Verification of eligibility for certain
programs.--A State agency responsible for administering
a program specified in section 1137(b) shall have
access to information reported by employers pursuant to
subsection (b) of this section for purposes of
verifying eligibility for the program.
(3) Administration of employment security and
workers' compensation.--State agencies operating
employment security and workers' compensation programs
shall have access to information reported by employers
pursuant to subsection (b) for the purposes of
administering such programs.
(4) Veteran employment.--The Secretaries of Labor and
of Veterans Affairs shall have access to information
reported by employers pursuant to subsection (b) of
this section for purposes of tracking employment of
veterans.
* * * * * * *
----------
DIGNIFIED BURIAL AND OTHER VETERANS' BENEFITS IMPROVEMENT ACT OF 2012
* * * * * * *
TITLE III--OTHER MATTERS
SEC. 301. OFF-BASE TRANSITION TRAINING FOR VETERANS AND THEIR SPOUSES.
(a) Provision of Off-base Transition Training.--[During the
two-year period beginning on the date of the enactment of this
Act, the] During the five-year period beginning on the date of
the enactment of the Navy SEAL Chief Petty Officer William
``Bill'' Mulder (Ret.) Transition Improvement Act of 2018, the
Secretary of Labor shall provide the Transition Assistance
Program under section 1144 of title 10, United States Code, to
eligible individuals at locations other than military
installations [to assess the feasibility and advisability of
providing such program to eligible individuals at locations
other than military installations].
(b) Eligible Individuals.--For purposes of this section, an
eligible individual is a veteran or the spouse of a veteran.
(c) Locations.--
(1) Number of states.--The Secretary shall carry out
the training under subsection (a) in [not less than
three and not more than five States] not less than 50
locations in States (as defined in section 101(20) of
title 38, United States Code) selected by the Secretary
for purposes of this section.
(2) Selection of states with high unemployment.--Of
the States selected by the Secretary under paragraph
(1), [at least two] at least 20 shall be States with
high rates of unemployment among veterans.
(3) Number of locations in each state.--The Secretary
shall provide training under subsection (a) to eligible
individuals at a sufficient number of locations within
each State selected under this subsection to meet the
needs of eligible individuals in such State.
(4) Selection of locations.--The Secretary shall
select locations for the provision of training under
subsection (a) to facilitate access by participants and
may not select any location on a military installation
other than a National Guard or reserve facility that is
not located on an active duty military installation.
(d) Inclusion of Information About Veterans Benefits.--The
Secretary shall ensure that the training provided under
subsection (a) generally follows the content of the Transition
Assistance Program under section 1144 of title 10, United
States Code.
(e) Annual Report.--Not later than March 1 of any year during
which the Secretary provides training under subsection (a), the
Secretary shall submit to Congress a report on the provision of
such training.
[(f) Comptroller General Report.--Not later than 180 days
after the termination of the one-year period described in
subsection (a), the Comptroller General of the United States
shall submit to Congress a report on the training provided
under such subsection. The report shall include the evaluation
of the Comptroller General regarding the feasibility and
advisability of carrying out off-base transition training at
locations nationwide.]
* * * * * * *
----------
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
* * * * * * *
SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT;
GENERAL AND ADMINISTRATIVE PROVISIONS
* * * * * * *
Sec. 3034. Program administration
(a)(1) Except as otherwise provided in this chapter, the
provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483,
and 3485 of this title and the provisions of subchapters I and
II of chapter 36 of this title (with the exception of sections
3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the
provision of educational assistance under this chapter.
(2) The term ``eligible veteran'', as used in the provisions
of the sections enumerated in paragraph (1) of this subsection,
shall be deemed to include an individual who is eligible for
educational assistance under this chapter.
(3) The Secretary may, without regard to the application to
this chapter of so much of the provisions of section 3471 of
this title as prohibit the enrollment of an eligible veteran in
a program of education in which the veteran is ``already
qualified'', and pursuant to such regulations as the Secretary
shall prescribe, approve the enrollment of such individual in
refresher courses (including courses which will permit such
individual to update knowledge and skills or be instructed in
the technological advances which have occurred in the
individual's field of employment during and since the period of
such veteran's active military service), deficiency courses, or
other preparatory or special education or training courses
necessary to enable the individual to pursue an approved
program of education.
(b) Regulations prescribed by the Secretary of Defense under
this chapter shall be uniform for the Armed Forces under the
jurisdiction of the Secretary of a military department.
(c) Payment of educational assistance allowance in the case
of an eligible individual pursuing a program of education under
this chapter on less than a half-time basis shall be made in a
lump-sum amount 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 individual has enrolled in and is
pursuing a program at such institution. Such lump-sum payment
shall be computed at the rate determined under section 3032(b)
of this title.
(d) The Secretary may approve the pursuit of flight training
(in addition to a course of flight training that may be
approved under section 3680A(b) of this title) by an individual
entitled to basic educational assistance under this chapter
if--
(1) such training is generally accepted as necessary
for the attainment of a recognized vocational objective
in the field of aviation[;] and is required for the
course of education being pursued (including with
respect to a dual major, concentration, or other
element of a degree); and
[(2) the individual possesses a valid private pilot
certificate and meets, on the day the individual begins
a course of flight training, the medical requirements
necessary for a commercial pilot certificate; and]
[(3)] (2) the flight school courses are approved by
the Federal Aviation Administration and are offered by
a certified pilot school that possesses a valid Federal
Aviation Administration pilot school certificate.
(e)(1) In the case of a member of the Armed Forces who
participates in basic educational assistance under this
chapter, the Secretary shall furnish the information described
in paragraph (2) to each such member. The Secretary shall
furnish such information as soon as practicable after the basic
pay of the member has been reduced by $1,200 in accordance with
section 3011(b) or 3012(c) of this title and at such additional
times as the Secretary determines appropriate.
(2) The information referred to in paragraph (1) is
information with respect to the benefits, limitations,
procedures, eligibility requirements (including time-in-service
requirements), and other important aspects of the basic
educational assistance program under this chapter, including
application forms for such basic educational assistance under
section 5102 of this title.
(3) The Secretary shall furnish the forms described in
paragraph (2) and other educational materials to educational
institutions, training establishments, and military education
personnel, as the Secretary determines appropriate.
(4) The Secretary shall use amounts appropriated for
readjustment benefits to carry out this subsection and section
5102 of this title with respect to application forms under that
section for basic educational assistance under this chapter.
* * * * * * *
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec.
3100. Purposes.
* * * * * * *
[3103. Periods of eligibility.]
* * * * * * *
[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, 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 II--EDUCATIONAL ASSISTANCE
* * * * * * *
Sec. 3313. Programs of education leading to a degree pursued at
institutions of higher learning on more than half-
time basis
(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) Amount of Educational Assistance.--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) 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] (I)
Subject to subclause (II), in the case
of a program of education pursued at a
public institution of higher learning
not described in clause (ii)(II)(bb),
the actual net cost for in-State
tuition and fees assessed by the
institution for the program of
education after the application of--
[(I)] (aa) any waiver of, or
reduction in, tuition and fees;
and
[(II)] (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.
(II) In determining the actual net
cost for in-State tuition and fees
pursuant to subclause (I), the
Secretary may not pay for tuition and
fees relating to flight training.
(ii) [In the case of a program of
education pursued at a non-public or
foreign institution of higher learning]
(I) In the case of a program of
education described in subclause (II),
the lesser of--
[(I)] (aa) the actual net
cost for tuition and fees
assessed by the institution for
the program of education after
the application of--
[(aa)] (AA) any
waiver of, or reduction
in, tuition and fees;
and
[(bb)] (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)] (bb) the amount equal
to--
[(aa)] (AA) for the
academic year beginning
on August 1, 2011,
$17,500; or
[(bb)] (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) A program of education described
in this subclause is any of the
following:
(aa) A program of education
pursued at a non-public or
foreign institution of higher
learning.
(bb) A program of education
pursued at a public institution
of higher learning in which
flight training is required to
earn the degree being pursued
(including with respect to a
dual major, concentration, or
other element of such a
degree).
(cc) A program of education
pursued at a public institution
of higher learning in which the
public institution of higher
learning enters into a contract
or agreement with an entity
(other than another public
institution of higher learning)
to provide such program of
education or a portion of such
program of education.
(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 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) 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) 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 Pursued on Active Duty.--
(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) 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) 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) 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
campus of the
institution of where
the individual
physically participates
in a majority of
classes; 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) 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) 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) 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) 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) 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) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) 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) 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) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) 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) 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 Housing Stipends During Active
Duty Service.--For any month during which an individual who is
entitled to a monthly housing stipend under this section is
performing active duty service, the Secretary shall determine
the amount of such stipend payable to such individual for such
month on a pro rata basis for the period of such month during
which the individual is not performing active duty service.
(k) Accelerated Payments for Certain Flight Training.--
(1) Payments.--An individual enrolled in a program of
education pursued at a vocational school or institution
of higher learning in which flight training is required
to earn the degree being pursued (including with
respect to a dual major, concentration, or other
element of such a degree) may elect to receive
accelerated payments of amounts for tuition and fees
determined under subsection (c). The amount of each
accelerated payment shall be an amount equal to twice
the amount for tuition and fee so determined under such
subsection, but the total amount of such payments may
not exceed the total amount of tuition and fees for the
program of education. The amount of monthly stipends
shall be determined in accordance with such subsection
(c) and may not be accelerated under this paragraph.
(2) Educational counseling.--An individual may make
an election under paragraph (1) only if the individual
receives educational counseling under section 3697A(a)
of this title.
(3) Charge against entitlement.--The number of months
of entitlement charged an individual for accelerated
payments made pursuant to paragraph (1) shall be
determined at the rate of two months for each month in
which such an accelerated payment is made.
* * * * * * *
CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
* * * * * * *
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 3680. Payment of educational assistance or subsistence allowances
(a) Period for Which Payment May Be Made.--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) 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) to any eligible veteran or person for auditing a
course; or
(3) 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) the eligible veteran or person withdraws
because he or she is ordered to active duty; or
(B) 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) 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.
(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
receives from the training establishment a certification 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.
(h) School Closure During Natural Disasters.--
(1) In general.--An individual described in paragraph
(2) shall be entitled to a monthly stipend in the
amount to which the individual would be entitled were
the individual pursuing a course of education at an
institution of higher education through resident
training but for a school closure described under
paragraph (4).
(2) Individual described.--An individual described in
this paragraph is an individual pursuing a course of
education at an institution of higher education using
educational assistance under chapter 32, 33, 34, or 35
of this title, who--
(A) is forced to discontinue pursuing such
course at such institution by reason of a
school closure described under paragraph (4);
and
(B) opts to--
(i) pursue that course of education
solely by distance learning; or
(ii) pursue an alternative course of
education solely by distance learning.
(3) Duration.--The duration of the monthly stipends
payable to an individual under paragraph (1) shall be
the shorter of the following:
(A) The period of time necessary to complete
the quarter, semester, term or academic period
during which the school closure described in
paragraph (4) occurs.
(B) Four months.
(4) School closure.--A school closure described in
this paragraph is the closure of an institution of
higher education--
(A) by reason of a natural disaster;
(B) for a period of time that--
(i) the institution confirms will
last for four weeks or longer; or
(ii) the institution describes as
indefinite and that endures for a
period of four weeks or longer; and
(C) that the Secretary confirms is covered
for purposes of this subsection.
(5) Natural disaster defined.--In this subsection,
the term ``natural disaster'' means a specific weather
event or earth process, including a hurricane, tornado,
wildfire or forest fire, earthquake, avalanche,
mudslide, hailstorm, thunderstorm, lightning storm,
freeze, blizzard, sinkhole, or other disastrous event
that occurs as a result of such an event or process,
that the President or the governor of a State declares
a natural disaster.
(6) No charge to entitlement.--No charge shall be
made to the entitlement of any individual to
educational assistance under chapter 32, 33, 34, or 35
of this title by reason of a payment under this
subsection.
* * * * * * *
[all]
