[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3218 Reported in House (RH)]
<DOC>
Union Calendar No. 179
115th CONGRESS
1st Session
H. R. 3218
[Report No. 115-247, Part I]
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2017
Mr. Roe of Tennessee (for himself, Mr. Walz, Mr. McCarthy, Mr. Messer,
Mr. Rutherford, Mr. Higgins of Louisiana, Mr. Bergman, Mr. Banks of
Indiana, Mr. Mullin, Mr. Arrington, Mr. Wenstrup, Mrs. Radewagen, Mr.
Cook, Mr. McKinley, Mrs. Brooks of Indiana, Mr. Fitzpatrick, Mr.
Labrador, Mr. Bost, Miss Gonzalez-Colon of Puerto Rico, Mr. Costello of
Pennsylvania, Mr. Dunn, Mr. Smucker, Mr. Poliquin, Mr. Walberg, Mr.
Coffman, Mr. Bilirakis, Mr. Bishop of Michigan, Mr. Peters, Ms. Shea-
Porter, Mr. Rush, Mr. Ryan of Ohio, Mr. Scott of Virginia, Mr. Sablan,
Ms. Esty of Connecticut, Ms. Gabbard, Mr. Takano, Mr. Thompson of
California, Mr. Peterson, Mr. O'Rourke, Miss Rice of New York, Ms.
Rosen, Mr. Brown of Maryland, Mrs. Davis of California, Mr. Carbajal,
Mr. Butterfield, Ms. Kuster of New Hampshire, Ms. Brownley of
California, Ms. Wasserman Schultz, Mr. Correa, Mr. DeFazio, Mr.
Panetta, Mr. Moulton, Ms. Titus, Ms. Sinema, Mr. Bishop of Georgia, Mr.
Palazzo, Mr. Richmond, and Mr. Courtney) introduced the following bill;
which was referred to the Committee on Veterans' Affairs, and in
addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
July 24, 2017
Additional sponsors: Mrs. Walorski, Mr. Young of Iowa, Ms. Velazquez,
Mr. Wittman, Mr. Polis, Mr. Carson of Indiana, Mr. O'Halleran, Mr.
Vargas, Mr. Pascrell, Mr. Sherman, Ms. Jayapal, Mr. Brady of
Pennsylvania, Mrs. Bustos, Ms. DeGette, Mr. Suozzi, Ms. Tsongas, Mrs.
Beatty, Mr. Cicilline, Ms. Pelosi, Ms. Eshoo, Mr. Lowenthal, Mrs.
Murphy of Florida, Mr. Kind, Mr. Lipinski, Mr. Perlmutter, Mr. Zeldin,
Mr. Heck, Mr. King of New York, Mr. Issa, Mrs. Napolitano, Mr. Khanna,
Mr. Cuellar, Ms. Norton, Ms. Bordallo, Mr. Higgins of New York, Mr.
Costa, Ms. Matsui, Mr. Nadler, Mr. Kilmer, Mr. Krishnamoorthi, Mr.
Castro of Texas, Ms. Castor of Florida, Mr. Schneider, Mr. Hurd, Mrs.
Dingell, Mr. Veasey, Ms. Michelle Lujan Grisham of New Mexico, Ms.
Slaughter, Mr. Raskin, Mr. Smith of New Jersey, Mr. Gene Green of
Texas, Mr. Posey, Mr. Grijalva, Mrs. Demings, Mr. Beyer, Mr. Schrader,
Mr. Bera, Mr. Yarmuth, Ms. Hanabusa, Mr. Brendan F. Boyle of
Pennsylvania, Mr. Ellison, Mr. Calvert, Mr. Kildee, and Mr. Gottheimer
July 24, 2017
Reported from the Committee on Veterans' Affairs with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 24, 2017
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July
13, 2017]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Harry W. Colmery
Veterans Educational Assistance Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
Sec. 101. Consideration of certain time spent receiving medical care
from Secretary of Defense as active duty
for purposes of eligibility for Post-9/11
Educational Assistance.
Sec. 102. Educational assistance under Post-9/11 Educational Assistance
Program for members of the Armed Forces
awarded the Purple Heart.
Sec. 103. Inclusion of Fry Scholarship recipients and Purple Heart
recipients in Yellow Ribbon G.I. Education
Enhancement Program.
Sec. 104. Consolidation of certain eligibility tiers under Post-9/11
Educational Assistance Program of the
Department of Veterans Affairs.
Sec. 105. Eligibility for Post-9/11 Educational Assistance for certain
members of reserve components of Armed
Forces who lost entitlement to educational
assistance under Reserve Educational
Assistance Program.
Sec. 106. Calculation of monthly housing stipend under Post-9/11
Educational Assistance Program based on
location of campus where classes are
attended.
Sec. 107. Charge to entitlement for certain licensure and certification
tests and national tests under Department
of Veterans Affairs Post-9/11 Educational
Assistance Program.
Sec. 108. Restoration of entitlement to educational assistance and
other relief for veterans affected by
school closure or disapproval.
Sec. 109. Additional authorized transfer of unused Post-9/11
Educational Assistance benefits to
dependents upon death of originally
designated dependent.
Sec. 110. Edith Nourse Rogers STEM Scholarship.
Sec. 111. Honoring the national service of members of the Armed Forces
by elimination of time limitation for use
of entitlement.
Sec. 112. Monthly stipend for certain members of the reserve components
of the Armed Forces receiving Post-9/11
Educational Assistance.
Sec. 113. Improvement of information technology of the veterans
benefits administration of the Department
of Veterans Affairs.
Sec. 114. Department of Veterans Affairs high technology pilot program.
Sec. 115. Annual reports to Congress on information on student progress
submitted by educational institutions.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 201. Work-study allowance.
Sec. 202. Duration of educational assistance under Survivors' and
Dependents' Educational Assistance Program.
Sec. 203. Olin E. Teague increase in amounts of educational assistance
payable under Survivors' and Dependents'
Educational Assistance Program.
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 301. State approving agency funding.
Sec. 302. Authorization for use of Post-9/11 Educational Assistance to
pursue independent study programs at
certain educational institutions that are
not institutions of higher learning.
Sec. 303. Provision of information on priority enrollment for veterans
in certain courses of education.
Sec. 304. Limitation on use of reporting fees payable to educational
institutions and sponsors of programs of
apprenticeship.
Sec. 305. Training for school certifying officials.
Sec. 306. Extension of authority for Advisory Committee on Education.
Sec. 307. Department of Veterans Affairs provision of on-campus
educational and vocational counseling for
veterans.
Sec. 308. Provision of information regarding veteran entitlement to
educational assistance.
Sec. 309. Treatment, for purposes of educational assistance
administered by the Secretary of Veterans
Affairs, of educational courses that begin
seven or fewer days after the first day of
an academic term.
TITLE IV--RESERVE COMPONENT BENEFITS
Sec. 401. Eligibility of reserve component members for Post-9/11
Educational Assistance.
Sec. 402. Time limitation for training and rehabilitation for veterans
with service-connected disabilities.
TITLE V--OTHER MATTERS
Sec. 501. Repeal inapplicability of modification of basic allowance for
housing to benefits under laws administered
by Secretary of Veterans Affairs.
Sec. 502. Reconsideration of previously denied claims for disability
compensation for veterans who allege full-
body exposure to nitrogen mustard gas,
sulfur mustard gas, or Lewisite during
World War II.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
SEC. 101. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING MEDICAL CARE
FROM SECRETARY OF DEFENSE AS ACTIVE DUTY FOR PURPOSES OF
ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) is amended by inserting
``12301(h),'' after ``12301(g),''.
(b) Retroactive Application.--The amendment made by subsection (a)
shall apply with respect to service in the Armed Forces occurring on or
after September 11, 2001.
(c) Application With Respect to Use of Entitlement.--An individual
who is entitled to educational assistance by reason of the amendment
made by subsection (a) may use such entitlement to pursue a course of
education beginning on or after August 1, 2018.
SEC. 102. EDUCATIONAL ASSISTANCE UNDER POST-9/11 EDUCATIONAL ASSISTANCE
PROGRAM FOR MEMBERS OF THE ARMED FORCES AWARDED THE
PURPLE HEART.
(a) Eligibility.--Section 3311(b) is amended by adding at the end
the following new paragraph:
``(10) An individual who is awarded the Purple Heart for
service in the Armed Forces occurring on or after September 11,
2001, and continues to serve on active duty in the Armed Forces
or is discharged or released from active duty as described in
subsection (c).''.
(b) Amount of Assistance.--Section 3313(c)(1) is amended by
striking ``or (9)'' and inserting ``(9), or (10)''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2018.
SEC. 103. INCLUSION OF FRY SCHOLARSHIP RECIPIENTS AND PURPLE HEART
RECIPIENTS IN YELLOW RIBBON G.I. EDUCATION ENHANCEMENT
PROGRAM.
(a) In General.--Section 3317(a) is amended in the second sentence
by striking ``paragraphs (1) and (2)'' and inserting ``paragraphs (1),
(2), (9), and (10)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on August 1, 2018.
SEC. 104. CONSOLIDATION OF CERTAIN ELIGIBILITY TIERS UNDER POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Entitlement.--Section 3311(b), as amended by section 102, is
further amended--
(1) in paragraph (6)(A), by striking ``12 months'' and
inserting ``6 months'';
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(b) Amount of Educational Assistance.--Section 3313(c) is amended
by striking paragraph (7).
(c) Conforming Amendments.--Chapter 33 is further amended as
follows:
(1) In section 3311(f), by striking ``paragraph (9)'' each
place it appears and inserting ``paragraph (8)''.
(2) In section 3313, as amended by section 102--
(A) in subsection (c)(1), by striking ``(9), or
(10)'' and inserting ``(8), or (9)'';
(B) in subsection (d), by striking ``paragraphs (2)
through (7)'' each place it appears and inserting
``paragraphs (2) through (6)'';
(C) in subsection (e)(2)(C)--
(i) by striking ``paragraphs (3) through
(8)'' and inserting ``paragraphs (3) through
(7)''; and
(ii) by striking ``paragraphs (2) through
(7)'' and inserting ``paragraphs (2) through
(6)''.
(D) in subsection (f)(2)(A)(ii), by striking
``paragraphs (2) through (7)'' and inserting
``paragraphs (2) through (6)'';
(E) in subsection (g)(3)--
(i) in subparagraph (A)(iv)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting
``paragraphs (3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting
``paragraphs (2) through (6)'';
(ii) in subparagraph (B)(iii)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting
``paragraphs (3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting
``paragraphs (2) through (6)'';
(iii) in subparagraph (C)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking
``paragraphs (3) through (8)''
and inserting ``paragraphs (3)
through (7)''; and
(bb) by striking
``paragraphs (2) through (7)''
and inserting ``paragraphs (2)
through (6)''; and
(iv) in subparagraph (D)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking
``paragraphs (3) through (8)''
and inserting ``paragraphs (3)
through (7)''; and
(bb) by striking
``paragraphs (2) through (7)''
and inserting ``paragraphs (2)
through (6)''; and
(F) in subsection (h), by striking ``paragraphs (2)
through (7)'' and inserting ``paragraphs (2) through
(6)'';
(3) In section 3316--
(A) in subsection (a)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2)
through (6)''; and
(B) in subsection (b)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2)
through (6)''.
(4) In section 3317(a), in the second sentence, as amended
by section 103, by striking ``paragraphs (1), (2), (9), and
(10)'' and inserting ``paragraphs (1), (2), (8), and (9)''.
(5) In section 3321(b)(4), as amended by section 111, by
striking ``section 3311(b)(9)'' and inserting ``section
3311(b)(8)''.
(6) In section 3322--
(A) in subsection (e), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)'';
(B) in subsection (f), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)''; and
(C) in subsection (h)(2), by striking
``3311(b)(9)'' and inserting ``3311(b)(8)''.
(7) In section 3679(c)(2)(B), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)''.
(d) Effective Date.--The amendments made by this section shall take
effect on August 1, 2020.
SEC. 105. ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE FOR CERTAIN
MEMBERS OF RESERVE COMPONENTS OF ARMED FORCES WHO LOST
ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER RESERVE
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Election.--Section 16167 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Eligibility for Post-9/11 Educational Assistance.--A member
who loses eligibility for benefits under this chapter pursuant to
subsection (b) shall be allowed to elect (in such form and manner as
the Secretary of Veterans Affairs may prescribe) to have such service
previously credited toward this chapter credited towards establishing
eligibility for educational assistance under chapter 33 of title 38,
notwithstanding the provisions of section 16163(e) of this title or
section 3322(h)(1) of title 38.''.
(b) Qualification of Service.--Section 3301(1) of title 38, United
States Code, shall be construed to include, in the case of a member of
a reserve component of the Armed Forces who, before November 25, 2015,
established eligibility for educational assistance under chapter 1607
of title 10, United States Code, pursuant to section 16163(a)(1) of
such title, but lost eligibility for such educational assistance
pursuant to section 16167(b) of such title, service on active duty (as
defined in section 101 of such title) that satisfies the requirements
of section 16163(a)(1) of such title.
(c) Entitlement.--Section 3311(b)(6) of title 38, United States
Code, as amended by section 104(a), shall be construed to include an
individual who, before November 25, 2015, established eligibility for
educational assistance under chapter 1607 of title 10, United States
Code, pursuant to section 16163(b) of such title, but lost such
eligibility pursuant to section 16167(b) of such title.
(d) Duration.--Notwithstanding section 3312 of title 38, United
States Code, an individual who establishes eligibility for educational
assistance under chapter 33 of such title by crediting towards such
chapter service previously credited towards chapter 1607 of title 10,
United States Code, is only entitled to a number of months of
educational assistance under section 3313 of title 38, United States
Code, equal to the number of months of entitlement remaining under
chapter 1607 of title 10, United States Code, at the time of conversion
to chapter 33 of title 38, United States Code.
SEC. 106. CALCULATION OF MONTHLY HOUSING STIPEND UNDER POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM BASED ON LOCATION OF
CAMPUS WHERE CLASSES ARE ATTENDED.
(a) In General.--Section 3313(c)(1)(B)(i)(I) is amended by striking
``the institution of higher learning at which the individual is
enrolled'' and inserting ``the campus of the institution of higher
learning where the individual physically participates in a majority of
classes''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to initial enrollment in a program of education on
or after August 1, 2018.
SEC. 107. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION
TESTS AND NATIONAL TESTS UNDER DEPARTMENT OF VETERANS
AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) Licensure and Certification Tests.--Subsection (c) of section
3315 is amended--
(1) by striking ``shall be determined at the rate of one
month (rounded to the nearest whole month)'' and inserting
``shall be pro-rated based on the actual amount of the fee
charged for the test relative to the rate for one month''; and
(2) by striking ``for each amount paid that equals'' and
inserting ``payable''.
(b) National Tests.--Section 3315A is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) A national test that evaluates prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning as so described.''; and
(2) in subsection (c)--
(A) by striking ``shall be determined at the rate
of one month (rounded to the nearest whole month)'' and
inserting ``shall be pro-rated based on the actual
amount of the fee charged for the test relative to the
rate for one month''; and
(B) by striking ``for each amount paid that
equals'' and inserting ``payable''.
(c) Tests Included.--Section 3452(b) is amended in the last
sentence--
(1) by striking ``and national tests providing'' and
inserting ``, national tests providing''; and
(2) by inserting before the period at the end the
following: ``, and national tests that evaluate prior learning
and knowledge and provides an opportunity for course credit at
an institution of higher learning''.
(d) Effective Date.--The amendments made by this Act shall apply to
a test taken on or after August 1, 2018.
SEC. 108. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND
OTHER RELIEF FOR VETERANS AFFECTED BY SCHOOL CLOSURE OR
DISAPPROVAL.
(a) School Closure or Disapproval.--
(1) Restoration of entitlement.--Chapter 36 is amended by
adding at the end the following new section:
``Sec. 3699. Effects of closure or disapproval of educational
institution
``(a) Closure or Disapproval.--Any payment of educational
assistance described in subsection (b) shall not--
``(1) be charged against any entitlement to educational
assistance of the individual concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(b) Educational Assistance Described.--Subject to subsection (c),
the payment of educational assistance described in this paragraph is
the payment of such assistance to an individual for pursuit of a course
or program of education at an educational institution under chapters
30, 32, 33, or 35 of this title, or chapters 1606 or 1607 of title 10,
if the Secretary determines that the individual--
``(1) was forced to discontinue the pursuit of such course
or program as a result of--
``(A) the permanent closure of the educational
institution; or
``(B) the disapproval of the course or a course
that is a necessary part of that program under this
chapter by reason of--
``(i) a provision of law enacted after the
date on which the individual enrolls at such
institution affecting the approval or
disapproval of courses under this chapter; or
``(ii) after the date on which the
individual enrolls at such institution, the
Secretary prescribing or modifying regulations
or policies of the Department affecting such
approval or disapproval; and
``(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
``(c) Period Not Charged.--The period for which, by reason of this
subsection, educational assistance is not charged against entitlement
or counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the aggregate of--
``(1) the portion of the period of enrollment in the course
from which the individual failed to receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2), and
``(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(d) Continuing Pursuit of Disapproved Courses.--(1) The Secretary
may treat a course of education that is disapproved under this chapter
as being approved under this chapter with respect to an individual
described in paragraph (2) if the Secretary determines, on a case-by-
case basis, that--
``(A) such disapproval is the result of an action described
in clause (i) or (ii) of subsection (b)(1)(B); and
``(B) continuing pursuing such course is in the best
interest of the individual.
``(2) An individual described in this paragraph is an individual
who is pursuing a course of education at an educational institution
under chapters 30, 32, 33, or 35 of this title, or chapters 1606 or
1607 of title 10, as of the date on which the course is disapproved
under this chapter.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3698 the following new item:
``3699. Effects of closure or disapproval of educational
institution.''.
(b) Monthly Housing Stipend.--
(1) In general.--Subsection (a) section 3680 is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter preceding subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided
in paragraph (2), payment of''; and
(E) by adding at the end the following new
paragraph (2):
``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to
such regulations as the Secretary shall prescribe, continue to pay
allowances to eligible veterans and eligible persons enrolled in
courses set forth in paragraph (1)(A)--
``(A) during periods when educational institutions are
temporarily closed under an established policy based on an
Executive order of the President or due to an emergency
situation, except that the total number of weeks for which
allowances may continue to be so payable in any 12-month period
may not exceed four weeks; or
``(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent closure of an educational institution, or
following the disapproval of a course of study described in
section 3699(b)(1)(B) of this title, except that payment of
such a stipend may only be continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the closure or disapproval
occurred; and
``(ii) the date that is 120 days after the date of
the closure or disapproval.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
subsection, as redesignated, is amended by striking ``described
in subclause (A) of this clause'' and inserting ``described in
clause (i)''.
(c) Applicability.--
(1) School closure or disapproval.--
(A) In general.--The amendments made by subsection
(a) shall take effect on the date that is 90 days after
the date of the enactment of this Act, and shall apply
with respect to courses and programs of education
discontinued as described in section 3699 of title 38,
United States Code, as added by subsection (a)(1),
after January 1, 2015.
(B) Special application.--With respect to courses
and programs of education discontinued as described in
section 3699 of title 38, United States Code, as added
by subsection (a)(1), during the period beginning
January 1, 2015, and ending on the date of the
enactment of this Act, an individual who is unable to
transfer credits from such program of education shall
be deemed to be an individual who did not receive such
credits, as described in subsection (b)(2) of such
section. In carrying out this paragraph, the Secretary
of Veterans Affairs, in consultation with the Secretary
of Education, shall establish procedures to determine
whether credits are unable to be transferred.
(2) Monthly housing stipend.--The amendments made by
subsection (b) shall take effect on August 1, 2018, and shall
apply with respect to courses and programs of education
discontinued as described in section 3699 of title 38, United
States Code, as added by such subsection, on or after the date
of the enactment of this Act.
SEC. 109. ADDITIONAL AUTHORIZED TRANSFER OF UNUSED POST-9/11
EDUCATIONAL ASSISTANCE BENEFITS TO DEPENDENTS UPON DEATH
OF ORIGINALLY DESIGNATED DEPENDENT.
(a) Transfer Upon Death of Dependent.--Section 3319 is amended--
(1) in subsection (f)(1), by inserting after ``section
3321'' the following: ``, and except as provided in subsection
(k) or (l),''; and
(2) by adding at the end the following new subsection:
``(k) Additional Transfer Upon Death of Dependent.--In the case of
a dependent to whom entitlement to educational assistance is
transferred under this section who dies before using all of such
entitlement, the individual who transferred the entitlement to the
dependent may transfer any remaining entitlement to a different
eligible dependent, notwithstanding whether the individual is serving
as a member of the Armed Forces when such transfer is executed.
``(l) Transfer by Dependent.--In the case of an individual who
transfers entitlement to educational assistance under this section who
dies before the dependent to whom entitlement to educational assistance
is so transferred has used all of such entitlement, such dependent may
transfer such entitlement to another eligible dependent in accordance
with the provisions of this section.''.
(b) Effective Dates.--
(1) Eligible deaths.--The amendments made by this section
shall apply with respect to deaths occurring on or after August
1, 2009.
(2) Use of entitlement.--A dependent to whom entitlement to
educational assistance is transferred under subsection (k) or
(l) of section 3319 of title 38, United States Code, as added
by subsection (a), may use such entitlement to pursue a course
of education beginning on or after August 1, 2018.
SEC. 110. EDITH NOURSE ROGERS STEM SCHOLARSHIP.
(a) In General.--Subchapter II of chapter 33 is amended by adding
at the end the following new section:
``Sec. 3320. Edith Nourse Rogers STEM Scholarship
``(a) In General.--Subject to the limitation under subsection (f),
the Secretary shall provide additional benefits to eligible individuals
selected by the Secretary under this section. Such benefits shall be
known as the `Edith Nourse Rogers STEM Scholarship'.
``(b) Eligibility.--For purposes of this section, an eligible
individual is an individual--
``(1) who is or was entitled to educational assistance
under section 3311 of this title;
``(2) who has used all of the educational assistance to
which the individual is entitled under this chapter or will,
based on the individual's rate of usage, use all of such
assistance within 180 days of applying for benefits under this
section;
``(3) who applies for assistance under this section; and
``(4) who--
``(A) is an individual who--
``(i) is enrolled in a program of education
leading to a post-secondary degree that
requires more than the standard 128 semester
(or 192 quarter) credit hours for completion
in--
``(I) biological or biomedical
science;
``(II) physical science;
``(III) science technologies or
technicians;
``(IV) computer and information
science and support services;
``(V) mathematics or statistics;
``(VI) engineering;
``(VII) engineering technologies or
an engineering-related field;
``(VIII) a health profession or
related program;
``(IX) a medical residency program;
or
``(X) an agriculture science
program or a natural resources science
program; and
``(ii) has completed at least 60 standard
semester (or 90 quarter) credit hours in a
field referred to in clause (i); or
``(B) is an individual who has earned a post-
secondary degree in a field referred to in subparagraph
(A)(i) and is enrolled in a program of education
leading to a teaching certification.
``(c) Priority.--In selecting eligible individuals to receive
additional benefits under this section, the Secretary shall give
priority to the following individuals:
``(1) Individuals who require the most credit hours
described in subsection (b)(4).
``(2) Individuals who are entitled to educational
assistance under this chapter by reason of paragraph (1), (2),
(8), or (9) of section 3311(b) of this title.
``(d) Amount of Assistance.--(1) The Secretary shall pay to each
eligible individual who receives additional benefits under this section
the monthly amount payable under section 3313 of this title for not
more than nine months of the program of education in which the
individual is enrolled (adjusted with respect to the individual
pursuant to section 3313(c), as appropriate), except that the aggregate
amount paid to an individual under this section may not exceed $30,000.
``(2) The Secretary may not pay to such an individual an amount in
addition to the amount payable under paragraph (1) by reason of section
3317 of this title.
``(3) An individual who receives additional benefits under this
section may also receive amounts payable by a college or university
pursuant to section 3317 of this title.
``(e) Prohibition on Transfer.--An individual who receives
additional benefits under this section may not transfer any amount of
such additional benefits under section 3319 of this title.
``(f) Maximum Amount of Total Assistance.--The total amount of
benefits paid to all eligible individuals under this section may not
exceed--
``(1) $25,000,000 for fiscal year 2019;
``(2) $75,000,000 for each of fiscal years 2020 through
2022; and
``(3) $100,000,000 for fiscal year 2023 and each subsequent
fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3319 the following new item:
``3320. Edith Nourse Rogers STEM Scholarship.''.
(c) Effective Date.--Section 3320 of title 38, United States Code,
shall take effect on August 1, 2019.
SEC. 111. HONORING THE NATIONAL SERVICE OF MEMBERS OF THE ARMED FORCES
BY ELIMINATION OF TIME LIMITATION FOR USE OF ENTITLEMENT.
(a) In General.--Subsection (a) of section 3321 amended--
(1) by striking ``individual's entitlement'' and all that
follows through the period and inserting ``individual's
entitlement--''; and
(2) by adding at the end the following new paragraphs:
``(1) in the case of an individual who first becomes
entitled to such entitlement before January, 1, 2013, expires
at the end of the 15-year period beginning on the date of such
individual's last discharge or release from active duty; or
``(2) in the case of an individual who first becomes
entitled to such entitlement on or after January 1, 2013, shall
not expire.''.
(b) Children of Deceased Members.--Subsection (b)(4) of such
section is amended--
(1) by inserting ``of this title'' after ``3311(b)(9)'';
(2) by striking ``child's entitlement'' and all that
follows through the period and inserting ``child's
entitlement--''; and
(3) by adding at the end the following new subparagraphs:
``(A) in the case of a child who first becomes
entitled to such entitlement before January 1, 2013,
expires at the end of the 15-year period beginning on
the date of such child's eighteenth birthday; or
``(B) in the case of a child who first becomes
entitled to such entitlement on or after January 1,
2013, shall not expire.''.
SEC. 112. MONTHLY STIPEND FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES RECEIVING POST-9/11 EDUCATIONAL
ASSISTANCE.
(a) In General.--Section 3313 is further amended by adding at the
end the following new subsection:
``(j) Determination of Monthly Stipends During Certain Active Duty
Service.--
``(1) Pro rata basis.--In any month in which an individual
described in paragraph (2) is performing active duty service
described in section 3301(1)(B) of this title, the Secretary
shall determine the amount of monthly stipends payable under
this section for such month on a pro rata basis for the period
of such month in which the covered individual is not performing
such active duty service.
``(2) Individual described.--An individual described in
this paragraph is an individual who is--
``(A) a member of the reserve components of the
Armed Forces; and
``(B) pursuing a program of education using
educational assistance under this chapter.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to a quarter, semester, or term, as applicable, commencing
on or after August 1, 2018.
SEC. 113. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS
BENEFITS ADMINISTRATION OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Processing of Certain Educational Assistance Claims.--The
Secretary of Veterans Affairs shall, to the maximum extent possible,
make such changes and improvements to the information technology system
of the Veterans Benefits Administration of the Department of Veterans
Affairs to ensure that--
(1) to the maximum extent possible, all original and
supplemental claims for educational assistance under chapter 33
of title 38, United States Code, are adjudicated
electronically; and
(2) rules-based processing is used to make decisions with
respect to such claims with little human intervention.
(b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a plan to implement the changes and improvements
described in subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the implementation of the changes and
improvements described in subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $30,000,000 to carry
out this section during fiscal years 2018 and 2019.
SEC. 114. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry
out a pilot program under which the Secretary shall provide eligible
veterans with the opportunity to enroll in high technology programs of
education.
(b) Eligibility.--For purposes of the pilot program under this
section, an eligible veteran is a veteran who is entitled to
educational assistance under chapter 30, 32, 33, 34, or 35 of title 38,
United States Code, or chapter 1606 or 1607 of title 10, United States
Code.
(c) Contracts.--
(1) In general.--For purposes of carrying out subsection
(a), by not later than 180 days after August 1, 2018, the
Secretary shall seek to enter into contracts with any number of
qualified providers of high technology programs of education
for the provision of such programs to eligible veterans under
the pilot program.
(2) Payment of contractors.--A contract under this
subsection shall provide that the Secretary shall pay to a
provider--
(A) upon the enrollment of an eligible veteran in
the program, 25 percent of the cost of the tuition and
other fees for the program of education for the
veteran;
(B) upon the completion of the program by the
veteran, 25 percent of such cost; and
(C) upon the employment of the veteran in the field
of study of the program following completion of the
program, 50 percent of such cost.
(3) Qualified providers.--For purposes of the pilot
program, a provider of a high technology program of education
is qualified if--
(A) the provider has been operational for at least
two years;
(B) the provider has successfully provided the high
technology program for at least one year; and
(C) the provider meets the approval criteria
developed by the Secretary under paragraph (4).
(4) Approval criteria.--The Secretary shall develop
criteria for approving providers for purposes of the pilot
program. In developing such criteria, the Secretary may consult
with State approving agencies. Such criteria is not required to
meet the requirements of section 3672 of title 38, United
States Code.
(5) Tuition reimbursement.--In entering into contracts to
carry out the pilot program, the Secretary shall give
preference to a qualified provider that offers tuition
reimbursement for any student who--
(A) completes a program of education offered by the
provider; and
(B) does not find full-time meaningful employment
in the field of study of the program within the 180-day
period beginning on the date the student completes the
program.
(d) Housing Stipend.--The Secretary shall pay to each eligible
veteran who is enrolled in a high technology program of education under
the pilot program on a full-time basis a monthly housing stipend equal
to the product--
(1) of--
(A) in the case of a veteran pursuing resident
training, the monthly amount of the basic allowance for
housing payable under section 403 of title 37, United
States Code, for a member with dependents in pay grade
E-5 residing in the military housing area that
encompasses all or the majority portion of the ZIP code
area in which is located the institution at which the
individual is enrolled; or
(B) in the case of a veteran pursuing a program of
education through distance learning, a monthly amount
equal to 50 percent of the amount payable under
subparagraph (A), multiplied by
(2) the lesser of--
(A) 1.0; or
(B) the number of course hours borne by the
individual in pursuit of the program of education
involved, divided by the minimum number of course hours
required for full-time pursuit of such program of
education, rounded to the nearest multiple of 10.
(e) High Technology Program of Education Defined.--In this section,
the term ``high technology program of education'' means a program of
education that--
(1) is offered by an entity other than an institution of
higher learning;
(2) does not lead to a degree; and
(3) provides instruction in computer programming, computer
software, media application, data processing, or information
sciences.
(f) Reports.--
(1) Secretary of veterans affairs.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report on
the pilot program under this section.
(2) Comptroller general.--
(A) Interim report.--Not later than three years
after the date on which the Secretary first enters into
a contract under this section, the Comptroller General
of the United States shall submit to Congress a report
containing the results of the interim assessment of the
Comptroller General. Such report shall include the
recommendations of the Comptroller General for
improving the pilot program and an assessment of each
of the following:
(i) The technology experience of the
directors and instructors of the providers of
high technology programs of education under the
pilot program.
(ii) Whether the providers cooperated with
the technology industry to create the
curriculum for the program of education.
(iii) Whether the providers use an open
source curriculum for the program of education.
(iv) The admittance rate into the pilot
program.
(v) The job placement rate for veterans who
completed a program of education under the
pilot program in the field of study of the
program.
(vi) The average salary of veterans who
completed a program of education under the
pilot program and were subsequently employed.
(vii) The average age of veterans who
participated in the pilot program.
(B) Final report.--Not later than five years after
the date on which the Secretary first enters into a
contract under this section, the Comptroller General
shall submit to Congress a final report on the pilot
program. Such report shall include the recommendation
of the Comptroller General with respect to whether the
program should be extended and an assessment of each of
the following:
(i) Each item described in clauses (i)
through (vii) of subparagraph (A).
(ii) The percentage of veterans who
completed a program of education under the
pilot program who were subsequently employed
for a period of six months or longer in a field
of study of the program.
(iii) The percentage of veterans who
completed a program of education under the
pilot program who were subsequently employed
for a period of less than six months in a field
of study of the program.
(g) Authorization of Appropriations.--For each fiscal year during
which the Secretary carries out a pilot program under this section,
$15,000,000 shall be made available for such purpose from funds
appropriated to, or otherwise made available to, the Department for the
payment of readjustment benefits.
(h) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is five years after the
date on which the Secretary first enters into a contract under this
section.
SEC. 115. ANNUAL REPORTS TO CONGRESS ON INFORMATION ON STUDENT PROGRESS
SUBMITTED BY EDUCATIONAL INSTITUTIONS.
Section 3326 is amended--
(1) by striking ``As a condition'' and inserting ``(a)
Submittal of Information by Educational Institutions.--As a
condition'' ; and
(2) by adding at the end the following new subsection:
``(b) Reports to Congress.--Not later than March 1 of each year,
the Secretary shall submit to Congress a report that includes a summary
of the information provided by educational institutions under
subsection (a) for the calendar year preceding the year during which
such report is submitted.''.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
SEC. 201. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) is amended by striking ``the period beginning on
June 30, 2017, and ending on June 30, 2022,'' each place it appears and
inserting ``any time on or after June 30, 2017,''.
SEC. 202. DURATION OF EDUCATIONAL ASSISTANCE UNDER SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM.
Section 3511(a)(1) is amended--
(1) by striking ``chapter for'' and all that follows
through the period and inserting ``chapter--''; and
(2) by adding at the end the following new subparagraphs:
``(A) in the case of a person who first enrolls in a
program of education using such entitlement before August 1,
2018, for an aggregate period not in excess of 45 months (or to
the equivalent thereof in part-time training); or
``(B) in the case of a person who first enrolls in a
program of education using such entitlement on or after August
1, 2018, for an aggregate period not in excess of 36 months (or
to the equivalent thereof in part-time training).''.
SEC. 203. OLIN E. TEAGUE INCREASE IN AMOUNTS OF EDUCATIONAL ASSISTANCE
PAYABLE UNDER SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE PROGRAM.
(a) Increase.--Section 3532 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``$788'' and inserting
``$1,224'';
(ii) by striking ``$592'' and inserting
``$967''; and
(iii) by striking ``$394'' and inserting
``$710''; and
(B) in paragraph (2)(B), by striking ``$788'' and
inserting ``$1,224''; and
(2) in subsection (b), by striking ``$788'' and inserting
``$1,224''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a month that begins on or after October 1, 2018.
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
SEC. 301. STATE APPROVING AGENCY FUNDING.
(a) Increase.--Section 3674(a) of title 38, United States Code, is
amended--
(1) in paragraph (2)(A), by striking ``out of amounts
available for the payment of readjustment benefits'' and
inserting ``out of amounts in the Department of Veterans
Affairs readjustment benefits account and amounts appropriated
to the Secretary'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) In addition to amounts made available under paragraph (5),
there is authorized to be appropriated to carry out this section
$3,000,000 for fiscal year 2019 and each subsequent fiscal year.''; and
(4) in paragraph (5), as so redesignated--
(A) by striking ``The total'' and inserting ``(A)
The total'';
(B) by striking ``for any fiscal year shall be
$19,000,000'' and inserting ``for fiscal year 2018
shall be $21,000,000 and for fiscal year 2019 and
thereafter shall be $23,000,000''; and
(C) by adding at the end the following new
subparagraph:
``(B) Beginning in fiscal year 2019, whenever there is an increase
in benefit amounts payable under title II of the Social Security Act
(42 U.S.C. 401 et seq.) as a result of a determination made under
section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall,
effective on the date of such increase in benefit amounts, increase the
amount in effect under subparagraph (A), as in effect immediately prior
to the date of such increase in benefit amounts payable under title II
of the Social Security Act, by the same percentage as the percentage by
which such benefit amounts are increased.''.
SEC. 302. AUTHORIZATION FOR USE OF POST-9/11 EDUCATIONAL ASSISTANCE TO
PURSUE INDEPENDENT STUDY PROGRAMS AT CERTAIN EDUCATIONAL
INSTITUTIONS THAT ARE NOT INSTITUTIONS OF HIGHER
LEARNING.
Paragraph (4) of section 3680A(a) is amended to read as follows:
``(4) any independent study program except an independent
study program (including such a program taken over open circuit
television) that--
``(A) is accredited by a nationally recognized
accrediting agency; and
``(B) leads--
``(i) to a standard college degree;
``(ii) to a certificate that reflects
educational attainment offered by an
institution of higher learning; or
``(iii) to a certificate that reflects
completion of a course of study offered by--
``(I) an area career and technical
education school (as defined in
subparagraphs (C) and (D) of section
3(3) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20
U.S.C. 2302(3))) that provides
education at the postsecondary level;
or
``(II) a postsecondary vocational
institution (as defined in section
102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that provides
education at the postsecondary
level.''.
SEC. 303. PROVISION OF INFORMATION ON PRIORITY ENROLLMENT FOR VETERANS
IN CERTAIN COURSES OF EDUCATION.
Section 3698(c)(1)(C) is amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new clause:
``(xi) information on whether the institution
administers a priority enrollment system that allows
certain student veterans to enroll in courses earlier
than other students.''.
SEC. 304. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL
INSTITUTIONS AND SPONSORS OF PROGRAMS OF APPRENTICESHIP.
(a) In General.--Subsection (c) of section 3684 is amended to read
as follows:
``(c)(1) The Secretary may pay to any educational institution, or
to the sponsor of a program of apprenticeship, furnishing education or
training under either this chapter or chapter 31, 34, or 35 of this
title, a reporting fee which will be in lieu of any other compensation
or reimbursement for reports or certifications which such educational
institution or sponsor of a program of apprenticeship is required to
submit to the Secretary by law or regulation.
``(2) Such reporting fee shall be computed for each calendar year
by multiplying $16 by the number of eligible veterans or eligible
persons enrolled under this chapter or chapter 31, 34, or 35 of this
title. The reporting fee shall be paid to such educational institution
or sponsor of a program of apprenticeship as soon as feasible after the
end of the calendar year for which it is applicable.
``(3) No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary against any
liability of such institution for any overpayment for which such
institution may be administratively determined to be liable under
section 3685 of this title unless such liability is not contested by
such institution or has been upheld by a final decree of a court of
appropriate jurisdiction.
``(4) Any reporting fee paid to an educational institution or
sponsor of a program of apprenticeship after the date of the enactment
of the Post-9/11 Veterans Educational Assistance Improvements Act of
2011 (Public Law 111-377)--
``(A) shall be utilized by such institution or sponsor
solely for the making of certifications required under this
chapter or chapter 31, 34, or 35 of this title or for otherwise
supporting programs for veterans; and
``(B) with respect to an institution that has 100 or more
enrollees described in paragraph (2) may not be used for or
merged with amounts available for the general fund of the
educational institution or sponsor of a program of
apprenticeship.
``(5) The reporting fee payable under this subsection shall be paid
from amounts appropriated for readjustment benefits.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on August 1, 2018.
SEC. 305. TRAINING FOR SCHOOL CERTIFYING OFFICIALS.
(a) Training Requirement.--The Secretary of Veterans Affairs shall,
in consultation with the State approving agencies, set forth
requirements relating to training for school certifying officials
employed by covered educational institutions offering courses of
education approved under chapter 36 of title 38, United States Code. If
a covered educational institution does not ensure that a school
certifying official employed by the educational institution meets such
requirements, the Secretary may disapprove any course of education
offered by such educational institution.
(b) Definitions.--In this section:
(1) The term ``covered educational institution'' means an
educational institution that has enrolled 20 or more
individuals using educational assistance under title 38, United
States Code.
(2) The term ``school certifying official'' means an
employee of an educational institution with primary
responsibility for certifying veteran enrollment at the
educational institution.
(3) The term ``State approving agency'' means a department
or agency of a State designated under section 3671 of title 38,
United States Code.
(c) Effective Date.--This section shall take effect on August 1,
2018.
SEC. 306. EXTENSION OF AUTHORITY FOR ADVISORY COMMITTEE ON EDUCATION.
Section 3692 is amended by striking ``December 31, 2017'' and
inserting ``December 31, 2022''.
SEC. 307. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ON-CAMPUS
EDUCATIONAL AND VOCATIONAL COUNSELING FOR VETERANS.
(a) In General.--Chapter 36 is amended by inserting after section
3697A the following new section:
``Sec. 3697B. On-campus educational and vocational counseling
``(a) In General.--The Secretary shall provide educational and
vocational counseling services for individuals described in section
3697A(b) of this title at locations on the campuses of institutions of
higher learning selected by the Secretary. Such counseling services
shall be provided by employees of the Department who provide such
services under section 3697A of this title.
``(b) Selection of Locations.--(1) To be selected by the Secretary
under this section, an institution of higher learning shall provide an
appropriate space on the campus of the institution where counseling
services can be provided under this section.
``(2) In selecting locations for the provision of counseling
services under this section, the Secretary shall seek to select
locations where the maximum number of veterans would have access to
such services.
``(c) Annual Report.--Not later than 180 days after the date of the
enactment of this section, and each year thereafter, the Secretary
shall submit to Congress a report on the counseling services provided
under this section. Such report shall include, for the year covered by
the report--
``(1) the average ratio of counselors providing such
services to individuals who received such services at each
location where such services were provided;
``(2) a description of such services provided;
``(3) the recommendations of the Secretary for improving
the provision of such services; and
``(4) any other matters the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3697A the following new item:
``3697B. On-campus educational and vocational counseling.''.
SEC. 308. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO
EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 is further amended by
adding at the end the following new section:
``Sec. 3699A. Provision of certain information to educational
institutions
``(a) In General.--For each veteran or other individual pursuing a
course of education that has been approved under this chapter using
educational assistance to which the veteran or other individual is
entitled under chapter 30, 32, 33, or 35 of this title, the Secretary
shall make available to the educational institution offering the course
information about the amount of such educational assistance to which
the veteran or other individual is entitled. Such information shall be
provided to such educational institution through a secure information
technology system accessible by the educational institution and shall
be regularly updated to reflect any amounts used by the veteran or
other individual.
``(b) Election.--A veteran or other individual pursuing a course of
education described in subsection (a) may elect not to provide the
information described in such subsection to an educational institution
in a manner prescribed by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by inserting after the item relating to
section 3699 the following new item:
``3699A. Provision of certain information to educational
institutions.''.
(c) Effective Date.--Section 3699A of title 38, United States Code,
as added by this section, shall take effect on August 1, 2018.
SEC. 309. TREATMENT, FOR PURPOSES OF EDUCATIONAL ASSISTANCE
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS, OF
EDUCATIONAL COURSES THAT BEGIN SEVEN OR FEWER DAYS AFTER
THE FIRST DAY OF AN ACADEMIC TERM.
Section 3684(a) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) A course offered by an educational institution that does not
begin on the first day of an academic term, but does begin seven or
fewer days after such day, shall be treated as beginning on such day
for purposes of this section.''.
TITLE IV--RESERVE COMPONENT BENEFITS
SEC. 401. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) is amended by striking ``or
12304'' and inserting ``12304, 12304a, or 12304b''.
(b) Retroactive Application.--The amendment made by subsection (a)
shall apply with respect to service in the Armed Forces occurring on or
after the date of the enactment of the Post-9/11 Veterans Educational
Assistance Act of 2008 (Public Law 110-252).
(c) Application With Respect to Use of Entitlement.--An individual
who is entitled to educational assistance by reason of the amendment
made by subsection (a) may use such entitlement to pursue a course of
education beginning on or after August 1, 2018.
SEC. 402. TIME LIMITATION FOR TRAINING AND REHABILITATION FOR VETERANS
WITH SERVICE-CONNECTED DISABILITIES.
Section 3103(f) is amended by striking ``or 12304'' and inserting
``12304, 12304a, or 12304b''.
TITLE V--OTHER MATTERS
SEC. 501. REPEAL INAPPLICABILITY OF MODIFICATION OF BASIC ALLOWANCE FOR
HOUSING TO BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) Repeal.--Subsection (b) of section 604 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 37 U.S.C. 403 note) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2018, and shall apply with respect to
individuals who first use their entitlement to educational assistance
under chapter 33 of title 38, United States Code, on or after such
date.
SEC. 502. RECONSIDERATION OF PREVIOUSLY DENIED CLAIMS FOR DISABILITY
COMPENSATION FOR VETERANS WHO ALLEGE FULL-BODY EXPOSURE
TO NITROGEN MUSTARD GAS, SULFUR MUSTARD GAS, OR LEWISITE
DURING WORLD WAR II.
(a) In General.--
(1) Reconsideration required.--The Secretary of Veterans
Affairs shall reconsider all claims for compensation described
in paragraph (2) and make a new determination regarding each
such claim.
(2) Claims for compensation described.--A claim for
compensation described in this paragraph is a claim for
compensation under chapter 11 of title 38, United States Code,
that the Secretary determines--
(A) arose from the alleged full-body exposure of a
veteran to a covered substance--
(I) during active military, naval, or air
service during World War II; and
(ii) at a site listed in paragraph (3); and
(B) was denied before the date of the enactment of
this Act.
(3) Sites.--The sites listed in this paragraph are the
following:
(A) Camp Siebert, Alabama.
(B) Fort McClellan, Alabama.
(C) Huntsville Arsenal, Alabama.
(D) Rocky Mountain Arsenal, Colorado.
(E) Naval Research Laboratory, D.C.
(F) Bushnell Field, Florida.
(G) Great Lakes Naval Training Center, Illinois.
(H) Edgewood Arsenal, Maryland.
(I) Fort Detrick, Maryland.
(J) Naval Research Laboratory, Maryland.
(K) Naval Training Center, Bainbridge, Maryland.
(L) Horn Island Installation, Mississippi.
(M) Camp Crowder, Missouri.
(N) Hart's Island, New York.
(O) Camp Lejeune, North Carolina.
(P) Charleston, South Carolina.
(Q) Dugway Proving Ground, Utah.
(R) Toole Army Depot, Utah.
(S) Naval Research Laboratory, Virginia.
(T) U.S.S. Eagle Boat No. 58.
(U) Ondal, India.
(V) Fort Clayton, San Jose Island, Panama.
(W) Any site the Secretary of Veterans Affairs
determines is appropriate.
(4) Factors of consideration.--In making a determination
under paragraph (1), the Secretary--
(A) shall consider--
(i) that contemporaneous records of testing
of full-body exposure to a covered substance
frequently may be unavailable because such
tests were classified or such records were lost
or destroyed;
(ii) that many veterans were sworn to
secrecy following testing described in clause
(i);
(iii) each statement based on personal
knowledge of a veteran who served at a site
listed in paragraph (3);
(iv) information in the report from the
Secretary of Defense under subsection (b)(2);
and
(v) any evidence the Secretary considers
relevant; and
(B) may not determine that testing of full-body
exposure to a covered substance did not occur at a site
based solely on--
(i) information contained in the Department
of Defense and Department of Veterans Affairs
Chemical Biological Warfare Database; or
(ii) any list of known sites of testing of
full-body exposure to a covered substance
maintained by the Department of Veterans
Affairs or the Department of Defense.
(5) Presumption of exposure.--In carrying out paragraph
(1), when the Secretary of Veterans Affairs makes a
determination regarding whether a veteran experienced full-body
exposure to a covered substance, the Secretary--
(A) shall presume, unless there is affirmative
evidence to establish otherwise, that the veteran
experienced such exposure by reason of the service of
the veteran in World War II--
(i) based on the locations listed in
paragraph (3); and
(ii) consistent with the places, types, and
circumstances of service of the veteran in
accordance with section 1154 of title 38; and
(B) shall resolve each reasonable doubt in favor of
the veteran.
(6) Effective date of award.--The effective date of any
award of disability compensation resulting from reconsideration
of a claim under paragraph (1) shall be fixed in accordance
with the facts found, but shall not be earlier than the date of
the receipt of the claim for compensation described in
paragraph (2).
(b) Investigation and Report by the Secretary of Defense.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) investigate and assess each site--
(A) where the Army Corps of Engineers has uncovered
evidence of testing conducted by the Department of
Defense during World War II to assess the effects of
full-body exposure to a covered substance on humans; or
(B) with regards to which more than two veterans
have been denied claims for compensation under chapter
11 of title 38, United States Code, in connection with
exposure to a covered substance at such site; and
(2) submit to the appropriate congressional committees and
the Secretary of Veterans Affairs a report on testing described
in paragraph (1)(A), including--
(A) a list of each location where such testing
occurred, including locations investigated and assessed
under paragraph (1);
(B) the dates of each such testing; and
(C) the number of members of the Armed Forces who
experienced full-body exposure to a covered substance
in each such testing.
(c) Investigation and Report by Secretary of Veterans Affairs.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall--
(1) investigate and assess--
(A) the actions taken by the Secretary to contact
individuals who experienced full-body exposure to a
covered substance in the course of testing described in
subsection (b)(1)(A);
(B) the number of claims filed with the Secretary
for disability compensation under chapter 11 of title
38, United States Code, arising from testing described
in subsection (b)(1)(A); and
(C) the percentage of claims described in
subparagraph (B) that the Secretary denied.
(2) submit to the appropriate congressional committees and
the Secretary of Defense a report regarding the investigations
and assessments carried out under paragraph (1).
(d) Definitions.--In this section:
(1) The terms ``active military, naval, or air service'',
``veteran'', and ``World War II'' have the meanings given such
terms in section 101 of title 38, United States Code.
(2) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House
of Representatives and the Senate; and
(B) the Committees on Veterans' Affairs of the
House of Representatives and the Senate.
(3) The term ``covered substance'' means--
(A) nitrogen mustard gas;
(B) sulfur mustard gas; or
(C) Lewisite.
(4) The term ``full-body exposure'', with respect to a
covered substance, has the meaning given that term by the
Secretary of Defense.
Union Calendar No. 179
115th CONGRESS
1st Session
H. R. 3218
[Report No. 115-247, Part I]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
July 24, 2017
Reported from the Committee on Veterans' Affairs with an amendment
July 24, 2017
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed