[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
LEGISLATIVE HEARING ON H.R. 3218, THE HARRY W. COLMERY VETERANS
EDUCATIONAL ASSISTANCE ACT OF 2017
=======================================================================
HEARING
before the
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
__________
MONDAY, JULY 17, 2017
__________
Serial No. 115-25
__________
Printed for the use of the Committee on Veterans' Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
_________
U.S. GOVERNMENT PUBLISHING OFFICE
30-371 WASHINGTON : 2018
COMMITTEE ON VETERANS' AFFAIRS
DAVID P. ROE, Tennessee, Chairman
GUS M. BILIRAKIS, Florida, Vice- TIM WALZ, Minnesota, Ranking
Chairman Member
MIKE COFFMAN, Colorado MARK TAKANO, California
BRAD R. WENSTRUP, Ohio JULIA BROWNLEY, California
AMATA COLEMAN RADEWAGEN, American ANN M. KUSTER, New Hampshire
Samoa BETO O'ROURKE, Texas
MIKE BOST, Illinois KATHLEEN RICE, New York
BRUCE POLIQUIN, Maine J. LUIS CORREA, California
NEAL DUNN, Florida KILILI SABLAN, Northern Mariana
JODEY ARRINGTON, Texas Islands
JOHN RUTHERFORD, Florida ELIZABETH ESTY, Connecticut
CLAY HIGGINS, Louisiana SCOTT PETERS, California
JACK BERGMAN, Michigan
JIM BANKS, Indiana
JENNIFFER GONZALEZ-COLON, Puerto
Rico
Jon Towers, Staff Director
Ray Kelley, Democratic Staff Director
Pursuant to clause 2(e)(4) of Rule XI of the Rules of the House, public
hearing records of the Committee on Veterans' Affairs are also
published in electronic form. The printed hearing record remains the
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both printed and electronic versions of the hearing record, the process
of converting between various electronic formats may introduce
unintentional errors or omissions. Such occurrences are inherent in the
current publication process and should diminish as the process is
further refined.
C O N T E N T S
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Monday, July 17, 2017
Page
Legislative Hearing On H.R. 3218, The Harry W. Colmery Veterans
Educational Assistance Act of 2017............................. 1
OPENING STATEMENTS
Honorable David P. Roe, Chairman................................. 1
WITNESSES
Honorable Kevin McCarthy, (Majority Leader), U.S. House of
Representatives, 23rd Congressional District; California....... 3
Honorable Mark Takano, U.S. House of Representatives, 41st
Congressional District; California............................. 5
Honorable Gus Bilirakis, U.S. House of Representatives, 12th
Congressional District; Florida................................ 6
Honorable Scott Peters, U.S. House of Representatives, 52nd
Congressional District; California............................. 8
Honorable Mike Coffman, U.S. House of Representatives, 6th
Congressional District; Colorado............................... 8
Honorable Brad Wenstrup, U.S. House of Representatives, 2nd
Congressional District; Ohio................................... 9
Honorable John Rutherford, U.S. House of Representatives, 4th
Congressional District; Florida................................ 10
Honorable Jim Banks, U.S. House of Representatives, 3rd
Congressional District; Indiana................................ 11
Honorable Luke Messer, U.S. House of Representatives, 6th
Congressional District; Indiana................................ 12
Honorable Paul Cook, U.S. House of Representatives, 8th
Congressional District; California............................. 13
Mr. Curtis L. Coy, Deputy Under Secretary for Economic
Opportunity, Veterans Benefits Administration, U.S. Department
of Veterans Affairs............................................ 14
Prepared Statement........................................... 28
Accompanied by:
Mr. James Ruhlman, Assistant Director for Policy and
Procedures, Education Service, U.S. Department of
Veterans Affairs
Mr. Patrick D. Murray, Associate Director, National Legislative
Service, Veterans of Foreign Wars of the United States......... 15
Prepared Statement........................................... 38
Mr. William Hubbard, Vice President of Government Affairs,
Student Veterans of America.................................... 17
Prepared Statement........................................... 43
Mr. John Kamin, Assistant Director, Veteran Employment and
Education, The American Legion................................. 19
Prepared Statement........................................... 52
Ms. Ashlynne Haycock, Senior Coordinator, Education Support
Services, Tragedy Assistance Program for Survivors............. 21
Prepared Statement........................................... 65
STATEMENTS FOR THE RECORD
Honorable Susan Brooks, U.S. House of Representatives, 5th
Congressional District; Indiana................................ 70
Honorable Raul Labrador, U.S. House of Representatives, 1st
Congressional District; Idaho.................................. 70
Honorable David McKinley, U.S. House of Representatives, 1st
Congressional District; West Virginia.......................... 71
Honorable Markwayne Mullin, U.S. House of Representatives, 2nd
Congressional District; Oklahoma............................... 72
Honorable Tim Ryan, U.S. House of Representatives, 13th
Congressional District; Ohio................................... 72
Honorable Tom Porter, Prepared Statement Only.................... 73
Honorable Kristofer Goldsmith, Prepared Statement Only........... 75
Letter to Chairman (AUSN)........................................ 83
Captain Edward H. Hill, (USN, Ret.).............................. 84
Scott Crawford................................................... 84
Aleks Morosky.................................................... 88
National Guard Association of the United States.................. 90
Veterans Education Success (VES)................................. 91
LEGISLATIVE HEARING ON H.R. 3218, THE HARRY W. COLMERY VETERANS
EDUCATIONAL ASSISTANCE ACT OF 2017
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Monday, July 17, 2017
Committee on Veterans' Affairs,
U. S. House of Representatives,
Washington, D.C.
The Committee met, pursuant to notice, at 7:26 p.m., in
Room 334, Cannon House Office Building, Hon. David P. Roe
[Chairman of the Committee] presiding.
Present: Representatives Roe, Bilirakis, Coffman, Wenstrup,
Radewagen, Bost, Poliquin, Dunn, Arrington, Rutherford,
Bergman, Banks, Gonzalez-Colon, Walz, Takano, Brownley, Kuster,
O'Rourke, Correa, Sablan, Esty, Peters.
OPENING STATEMENT OF DAVID P. ROE, CHAIRMAN
The Chairman. Good evening, everyone. Thank you for being
here tonight at this nighttime hearing. As you all know, I try
to limit these late evenings but I cannot imagine a topic more
worthy of our attention than ensuring that veterans have the
education benefits they have earned and deserve.
I am proud and excited that we are all here to discuss H.R.
3218, the Harry W. Colmery Veterans Educational Assistance Act
of 2017, which the Ranking Member and I introduced last
Thursday with the support of every single Member of this
Committee. H.R. 3218 and how we got here and where we are today
is a shining example of how well Congress can and should work
together.
This bill is the result of the tireless work of many of the
VSOs here tonight and the bipartisan efforts of this Committee.
And I am proud of what we will empower servicemembers,
veterans, survivors, and dependents to achieve with the
improvements and enhancements included in this bill.
This is the first major improvement to the G.I. Bill since
2011 and it encompasses 17 bills introduced by our colleagues,
many of whom serve on this Committee, but also Members of this
body who share this Committee's commitment to the men and women
who serve. This package includes over 28 provisions and brings
forward countless enhancements that veterans groups have
requested for years. This is not a package that comes along
every day.
H.R. 3218 has been aptly named after Mr. Harry W. Colmery,
who is credited with actually writing by hand the first draft
of the World War II era G.I. Bill. It is appropriate that we
honor him for his work on this first G.I. Bill decades ago.
Tonight's package will do a number of things but I want to
focus on a couple of key improvements. It would eliminate the
15-year time limit to use G.I. Bill benefits for future
eligible beneficiaries. Let me repeat that. For the first time
in the history of the G.I. Bill future beneficiaries will be
able to carry these benefits with them throughout their lives.
The bill would provide significant increases in G.I. Bill
funding for Reservists and Guardsmen, including those who are
currently serving on orders that do not accrue G.I. Bill
eligibility, as well as dependents, surviving spouses, and
surviving dependents; provide 100 percent G.I. Bill eligibility
for Post-9/11 Purple Heart recipients; and increase
opportunities for veterans to complete a STEM degree or other
high technology programs, something I know Leader McCarthy has
advocated for. And it is a privilege to have him join us here
tonight.
The provisions I just mentioned only scratch the surface of
the benefits that our veterans and survivors will receive under
this bill. I am also proud that my bill, H.R. 1956, the Caring
for Families of our Wounded and Fallen Heroes Act, is included
in this package. This bill would provide additional $200 per
month in education benefits to surviving spouses and children,
those of whom do not qualify for the Fry Scholarship. These
individuals understand all too well what it means to make the
ultimate sacrifice and it is our duty and honor to provide for
them as best we can.
Before I yield to the Ranking Member, I would be remiss if
I did not give my sincere thanks to the veterans groups,
especially Student Veterans of America, for helping us make
this happen. We owe a debt of gratitude to all the veterans'
service organizations who pushed for this package and stuck it
out with us every step of this long process while we worked to
make this the best bill it can be. I commend and thank you
because we without a doubt would not be sitting here on the
verge of this historic moment without your efforts.
I now turn it over to Ranking Member Walz for his
statement.
Mr. Walz. Well thank you, Chairman Roe. This really is a
great night. I think sometimes patting ourselves on the back
for things, you should not be thanked for what you are supposed
to do. But I think it is important to understand that
legislating is never supposed to be easy. And this Committee
again has proven that we can come together if the goal is a
unified desire to see the best care and the honoring of our
commitment to our veterans. And that has happened.
I also think the way we do business in here, and this is a
testament to Chairman Roe's leadership, we need to conduct
ourselves in a manner that is befitting of the sacrifice of
those who serve in uniform to allow us to self-govern. And this
Committee comes together. We differ on issues but we do it in a
manner that is befitting of that. So I am grateful.
I too would like to thank all the Members of this Committee
who have put in hard work. Many of their ideas are incorporated
into this bill. Those veterans' service organizations, as
mentioned Student Veterans of America, I kind of heard someone
said they are the new kids on the block. If that is true they
are pretty quick learners. And they are pretty good at getting
things done and I am grateful for that. To the American Legion,
the VFW, and IAVA, once again, holding true to the Vietnam
Veterans' mantra that one generation of veterans will never
forget another. I think this is multi-generational in how this
bill impacts people, so I am grateful.
To our witnesses today, to the Ranking Member, thank you
for your active engagement in veteran's issues. Thank you to
Mr. McCarthy for making this a priority, saying it, and
following through with actions. We are grateful for that.
Colonel Cook, as always, welcome back here. You did much good
sitting on this Committee and you continue to do so. So, we are
glad to have you here.
The Chairman mentioned some of the highlights. I would just
like to thank the Forever Bill, also the name that may stick a
little bit to this too, is lifting that 15-year gap,
understanding the reality of what modern warriors look like and
what it involves to serve this Nation in uniform, whether
active or in Reserve. It is just smart policy. Honoring those
Purple Heart recipients, just again smart. And I want to thank
Mr. Peters for his continuous, since he has been in Congress,
making sure that they are honored for their commitment.
And I would also like to say the Guard and Reserve Caucus,
Mr. Palazzo, my co-chair in that, and all of us who have Guard
and Reserve soldiers, the issue of the 12304(b) of the call-ups
under Title 10, that basically created a second class of
warriors that were out there. I have to tell you, this happened
on Thursday night. Saturday I was at a welcome back ceremony
for the 2nd of the 135, the Red Bulls, who have been doing the
Sinai Mission. And they had not yet heard this. And to tell
them that they are going to be restored and have their benefits
that they had earned was just something to behold, to see. And
the thing that I heard afterwards is working on this together
for us really means something. It means that, you know, the
sacrifice and what they did there does show that it matters.
So thank you all. We have got a little bit of a lift yet.
We would hope our Senate colleagues will follow our lead, take
this thing, move it through. And I know the President wants to
sign this. And I am grateful and once again to the leadership
for putting this on the calendar, which I think is almost
unprecedented in guaranteeing us to get this to the floor. On
behalf of our Nation's veterans, thank you, Mr. Leader. I yield
back.
The Chairman. I thank the gentleman for yielding. Before I
yield to the Committee Members for the provisions included in
the package, I want to recognize Majority Leader McCarthy for
five minutes to discuss his provision as included in this bill.
You are now recognized for five minutes.
OPENING STATEMENT OF HONORABLE KEVIN MCCARTHY
Mr. McCarthy. Mr. Chairman, Mr. Ranking Member, and all
Committee staff. I want to thank you for the opportunity to
present to you and say a few words in support of the G.I. Bill
reforms that this Committee will take up this week.
First Mr. Chairman and to all Committee Members, I want to
begin by recognizing the positive work that this Committee has
achieved. This Committee has shown time and again on a
bipartisan way on how to govern. It is an example for all
Members and all of our colleagues. You will continue to work on
a bipartisan basis and lead Congress to deliver on the duty to
provide veterans better health care and positive post-service
opportunities. The dynamic here is a model for all of our
colleagues, as I said, and I look forward to continuing to work
together on behalf of the men and women who protect and serve
this country.
Now chief among the promises we make to the men and women
who serve is to give them support and resources to obtain an
education after service. That is the reason why many will at
times even sign up. Applying the lessons they learn in the
service to the lessons taught in the classroom is an enrichment
opportunity that our society benefits from greatly.
Now the Post-9/11 G.I. Bill has long helped countless
veterans in educational and career pursuits. But today we are
on the brink of vast career and work transformation. The rise
of artificial intelligence and robotics are upending how jobs
are performed and we have traditionally known them in the past.
But as we saw with the advent of the ATM, this disruption has
promised to be a job creator, not a destroyer.
The challenge before us is securing the right response for
Americans to get ahead and take advantage of the changes. Now
news reports have shown and highlighted the skills gap in
today's workforce. If we just look at the AP headline on the
May jobs report, it was concise. Jobs data could signal a
shortage of qualified workers to hire. By 2024 the tech
industry is expected to add almost 500,000 new jobs to the
industry. However, many tech employers are looking for
candidates who have a particular skill set that candidates
often do not learn in traditional settings. Consequently
industry employers have turned to non-traditional programs like
boot camps, nanodegrees, and coding schools to find candidates
with the necessary skill set.
The traditional career path is no longer a straight shot.
These non-traditional technology education models are just part
of the solution to closing the skill gap. Just ask Alphabet,
Microsoft, Amazon, Ford, GE, or any other of American's great
companies and they will tell you of the promise these non-
traditional models hold.
But currently veterans are unable to apply their G.I.
education benefits to these courses. My provision in this
legislation creates a pilot program to provide veterans the
opportunity and ability to take advantage of these education
opportunities. Veterans are prime candidates for tech positions
because of our military discipline, ability to work under
pressure, and teamwork. Many veterans often learn skills during
their service and training that could be applied to the tech
industry.
The Vet Tech Act enables veterans to enroll in non-
traditional technology courses and programs that are geared to
getting a job after completion. The provision also provides the
VA the necessary flexibility to approve these education
programs while also guarding against abuses. These reforms the
Committee will consider this week will have a positive impact
felt by the veterans returning to civilian life. This impact
will be lifelong. And with the renewed commitment to a career
preparation, particularly in the technology industry, American
industry and our veterans stand to lead in the 21st Century.
I happen to serve in California. I look time and again at
the number of jobs that are being hired. I look at the number
of tech education that are helping change with nanodegrees, the
skill set for the individuals to be able to be there. But when
I go to them and I meet with veterans and I know their
background, I know their education, and I know their knowledge
of what they served when they served in the military, not to be
able to use a G.I. Bill to get a nanodegree to be hired by some
of the top companies in this country that are craving them, I
think it is a travesty and I think it is something that has to
change.
That is why I thank you for your work and the work you will
do this week and I look forward to putting it on the floor and
getting it done in the next week. And I yield back.
The Chairman. I thank you, Mr. McCarthy. And I appreciate
your passion for this and I appreciate your support for forward
this bill next week. And I know you have places to be so you
are now excused. Thank you for being here.
Before we recognize our other colleagues at the witness
table, I will recognize Committee Members who have provisions
included in H.R. 3218. Mr. Takano, let us start with you. You
are recognized for five minutes.
OPENING STATEMENT OF HONORABLE MARK TAKANO
Mr. Takano. Thank you, Mr. Chairman. I want to join my
colleagues in expressing support for this bipartisan effort to
secure the G.I. Bill for future generations of veterans.
The G.I. Bill serves two critical functions. First it is a
powerful tool for recruiting talented young people into
military service. As we approach our 16th year of war,
replenishing our all-volunteer military with patriotic and
qualified Americans is vital to our mission abroad and our
safety here at home.
Second, the G.I. Bill ensures that veterans return home to
more than just a thank you and a pat on the back. It ensures
they are given the opportunity to build a rewarding,
purposeful, and prosperous civilian life.
This legislation guarantees that the G.I. Bill will
continue both of these functions for decades to come. And
importantly, it does so without cutting benefits from anyone
who is currently serving.
I want to echo many of the supportive comments we have
heard this evening and over the last week from Members of
Congress, as well as the veteran's service organizations that
play an important role in representing the veteran's community.
The removal of time restrictions for future G.I. Bill
recipients, the deserved increases in funding for Reservists
and Guardsmen, and the additional educational support for
veterans' families, are all features of this legislation that
are worth celebrating.
This bill also incorporates my proposal to permanently
authorize VA's work-study allowance program and my proposal to
end the unequal treatment of Reservists and Guardsmen. This
legislation gives them the same ability as Active duty
servicemembers to accrue G.I. Bill benefits when they are
ordered into Active duty to receive medical care.
But I want to focus my comments on one piece of this
legislative package that represents a major step forward for
student veterans. For far too long swarm of predatory, for-
profit schools have exploited the generosity of the G.I. Bill
and have cheated thousands of veterans out of the education and
the future they deserve. A 2014 Senate HELP Committee study
found that eight of the top ten schools receiving Post-9/11
G.I. Bill money were for-profit institutions. At the time,
seven of those eight schools were under investigation for
unethical business practices, including the now defunct ITT
Technical Institute and Corinthian Colleges. From 2009 to 2015,
these two schools collected more than $1 billion in veteran's
benefits. I am pleased that this bill provides relief to the
thousands of student veterans who were left with non-
transferable credits and a depleted G.I. Bill benefit when
their school abruptly closes in the middle of a semester.
Restoring both tuition and housing benefits to these veterans
for a semester cut short by a school closure is simply the
right thing to do. And by making this provision retroactive we
are restoring a measure of justice for the students at ITT Tech
and Corinthian, as well as others across the country who have
been left out in the cold by a college that shuts down without
warning.
I have advocated for this provision since my first days in
Congress and I truly appreciate Chairman Roe's and Ranking
Member Walz' work to include it in this bill. However, this
bill does not solve the problem of unethical schools preying on
veterans' benefits. In fact, its inclusion is evidence that
much more needs to be done so that veterans are never forced to
seek this type of relief in the first place. The 90/10
loophole, which allows for-profit schools to count G.I. Bill
benefits as private funding instead of Federal funding,
continues to incentivize aggressive recruitment of student
veterans. That loophole still needs to be addressed. The
gainful employment borrower defense rules, which the Trump
administration has put on hold, would finally establish
oversight and accountability for unethical schools. Those rules
still need to be implemented. As long as these issues remain
unresolved, bad actors in the for-profit education industry
will continue to defraud student veterans and taxpayers out of
billions of dollars.
I look forward to working with my colleagues to build on
the progress we have made on this issue. Though there is no
question that we still have significant work ahead of us to
address the challenges facing the veteran's community, but this
legislation is a milestone worth celebrating and certainly
worth passing into law. The collaborative nature of this bill
reflects the spirit of bipartisanship that has made this
Committee so effective over the past several months. Once
again, I applaud the Chairman and the Ranking Member for their
leadership, as well as my colleagues on the Committee who
contributed to the strength of this legislation. I encourage
all Members to support this bill and I yield back the balance
of my time.
The Chairman. I thank the gentleman for his comments and I
thank the gentleman for yielding. Mr. Bilirakis, you are
recognized for five minutes.
OPENING STATEMENT OF HONORABLE GUS BILIRAKIS
Mr. Bilirakis. Thank you very much, Mr. Chairman. And I
want to thank the Ranking Member as well. I would like to thank
my colleagues from both sides of the aisle for all their hard
work in drafting this important and bipartisan piece of
legislation. And I really appreciate, Mr. Chairman, you giving
us the opportunity to testify on behalf of our provisions
tonight. I really appreciate it. It is very good for the public
and our veterans to know what is in the bill.
I am proud of the work we have done this year to ensure
that we as a Nation take care of our veterans when they return
home. But there is always more work to be done for these
honorable Americans. The brave men and women of our U.S. armed
forces have answered the call to protect the liberties we enjoy
on a daily basis. We must answer the call to help our veterans
in return.
The challenges our Nation's heroes face do not end on the
battlefield but continue as they make their transition to
civilian life. We must find viable ways to improve both the
effectiveness and delivery of transition resources. In order to
give the best opportunities to our veterans, we must be
prepared to address new needs as they are identified. And we
are doing that in this Committee.
I am very pleased my legislation, H.R. 1994, the Veteran
Act, was included in the overall bill we are discussing today.
My provision will make necessary investments to the information
technology systems of the Veterans Benefits Administration.
First, it requires all original and supplemental claims for
educational assistance to be done electronically. That makes
sense. This will ensure that veterans are able to receive
benefits in a more timely and efficient manner. The provision
would authorize $30 million to help the VA carry out the
mission of assisting our veterans and getting an education and
transitioning back to civilian life.
The Secretary of Veterans Affairs will be required to
submit to Congress a plan to implement proposed changes and
improvements within 180 days of its enactment. The plan will
ensure that this Committee has the necessary information to
perform its oversight duties. After a year of implementing the
changes, the VA Secretary will also be required to submit a
report giving the Committee an update on what is working and
what is not working so that we can fix it. This will provide
the Committee with the information necessary to continue to
improve of course how we serve our Nation's heroes. Overall
this section will modernize the G.I. Bill claims processing and
help streamline the system for veterans to receive their
educational benefits.
Mr. Chairman, I have a letter of support for my bill, the
Veteran Act, that is included, again from the Association of
the United States Navy, which I would like to ask unanimous
consent to include for the record.
The Chairman. Without objection, so ordered.
Mr. Bilirakis. Thank you, Mr. Chairman. In closing, I
remain dedicated to ensuring that our Nation's veterans have
access to the important educational benefits they have earned
and deserve. We have a responsibility to make sure our veterans
are fully prepared with the skills, resources, and education
they need to thrive in civilian life. I urge my colleagues to
support this beneficial piece of legislation and I yield back
the balance of my time. Thank you, Mr. Chairman.
The Chairman. I thank the Vice Chairman for yielding. Mr.
Peters, thank you. You are now recognized for five minutes.
OPENING STATEMENT OF HONORABLE SCOTT PETERS
Mr. Peters. Thank you very much, Mr. Chairman. I do
appreciate the chance to take a quick second to speak about my
bill that is included in this package. The bill would extend
full education benefits to honorably discharged Purple Heart
recipients, regardless of their length of service.
As you all know, G.I. benefits are based on a rating system
and you need 36 months of Active duty to qualify for 100
percent benefits. One out of every five Purple Heart vets from
the War on Terror who is using G.I. benefits does not qualify
for the full rating. And others are discouraged from pursuing
an education at all because their benefit does not cover the
full cost of enrollment.
This includes veterans like Marine Corps Sergeant Adrian
Aranda, whose squad was hit by a landmine outside of Kandahar
Airport in Afghanistan just three months after the 9/11
attacks. He sustained burns, shrapnel damage to the left side
of his body, a broken hand, hearing damage, and a traumatic
brain injury. Sergeant Aranda and his squad mates were the
first servicemembers to receive Purple Hearts in the War on
Terrorism.
After his service Sergeant Aranda went on to earn an
Associate Degree from a community college and then graduated
with a Bachelor's from Texas Tech. And while pursuing his
education he discovered that he only qualified for a 50 percent
rating for his educational benefits despite being severely
wounded in the line of duty. We made a promise to the veterans
who rushed to serve their country after 9/11 that we would
honor their sacrifice and stand by them when they returned. It
is wrong that we would exclude veterans, like Sergeant Aranda,
who suffered life-changing injuries fighting for this country
from receiving full education benefits.
By including my Purple Heart bill we are going help an
estimated 660 Purple Heart recipients per year pursue a college
degree or vocational training so they can land a good job and
make the peaceful, prosperous transition to civilian life they
deserve. In our time of greatest need, these brave
servicemembers fought and bled for us. They do not just deserve
these benefits. Just like their Purple Heart medals, they have
earned them.
Thank you to Chairman Roe, Ranking Member Walz. I agree
with Mr. McCarthy on this, this is an exemplar of
bipartisanship for the rest of the Congress. It is a pleasure
to work on this Committee. I want to thank the entire Committee
and Committee staff, and the VSOs, especially in this case the
Military Order of the Purple Heart, for working with us to
include this as part of the Forever G.I. Bill. And I yield
back.
The Chairman. Thank you, Mr. Peters, for yielding, and
those kind remarks. Mr. Coffman, you are now recognized for
five minutes.
OPENING STATEMENT OF HONORABLE MIKE COFFMAN
Mr. Coffman. Thank you, Mr. Chairman. And thank you for
holding this hearing tonight and for including my legislation
in the Veterans Education Assistance Act. Having earned an
undergraduate degree at the University of Colorado under the
Vietnam era G.I. Bill, I fully understand the importance of
this benefit to our veterans and to our Nation.
My legislation, H.R. 2549, the G.I. Bill Processing
Improvement Act, which I introduced with Congressman O'Rourke,
would ensure those receiving G.I. benefits for their military
service do so in a more timely manner. It also improves
oversight of schools and educational facilities who receive VA
funding for requiring them to certify the G.I. Bill funds
received are in fact used for veteran's services. Lastly, my
legislation would require that school certifying officials,
SCOs, are properly equipped to better counsel veterans on
academic courses and their financial benefits by requiring more
transparency and efficiency from our academic institutions
serving our Nation's veterans. We ensure our veterans use their
G.I. Bill benefits to realize their full potential.
Mr. Chairman, I am also proud to be an original co-sponsor
of this larger G.I. Bill reform effort. The Veterans Education
Assistance Act includes many life-changing provisions, such as
a lifetime benefit of the G.I. Bill and an additional nine
months for G.I. Bill eligibility when pursuing a STEM degree,
protection of G.I. Bill benefits for veterans impacted by a
school closure, and make it easier for veterans to use their
G.I. Bill for tests that lead to a license or a credential.
Mr. Chairman, it is important that this Committee make a
veteran's transition as seamless and rewarding as possible. And
the Veterans Educational Assistance Act does exactly that. I
look forward to continue working with you to make sure we can
deliver, you and the Ranking Member, sorry Major Walz, a G.I.
Bill that is worthy of the service and sacrifice that those
fighting for our Nation have shown.
Thank you, Mr. Chairman. I yield back the remainder of my
time.
The Chairman. I thank the gentleman for yielding. Dr.
Wenstrup, you are now recognized for five minutes.
OPENING STATEMENT OF HONORABLE BRAD WENSTRUP
Mr. Wenstrup. I thank you, Mr. Chairman. I am pleased to be
an original co-sponsor of H.R. 3218, the Harry W. Colmery
Veterans Educational Assistance Act of 2017. And I am thrilled
that the legislation I introduced to expand benefits to our
military's Reserve and Guard components is included as a
provision. This provision, which I introduced as Guard and
Reservist Education Improvement Act, would enhance the amount
of G.I. Bill eligibility for servicemembers who do not serve
enough time to receive 100 percent of the benefit.
So currently servicemembers who serve at least between
three to six months and six months to less than 12 months of
Active duty service can qualify for 40 and 50 percent of the
full G.I. Bill benefits respectively. What this provision would
do, it would increase these benefits to 50 percent and 60
percent respectively, which for students attending a private
school would result in approximately $2,300 more a year in
tuition than they are receiving now, and would receive even
more money for their housing allowance.
The brave citizen soldiers in the Reserve component and the
Guard, of which more than a million have been mobilized since
9/11, contribute greatly to the end strength of our armed
forces. And they often have to juggle careers, families, and
the service to our great Nation. We must do all that we can to
support those who put their lives on the line for our great
Nation and easier access to an earned education benefit is
critical.
The underlying bill goes far to accomplish this goal,
increasingly accessibility to the educational opportunities
that the G.I. Bill provides helps ensure the men and women who
have worn this Nation's uniform receive the benefits they have
earned and are equipped with the education they need to be
successful. And our veterans have a high success rate in
education. So I am proud to support these initiatives and these
much needed improvements, many of which originated from
veterans themselves and through the VSOs. And I thank my
colleagues on this Committee for their willingness and
commitment to forge a path forward on a bipartisan basis to get
things done.
And with that, Mr. Chairman, I yield back.
The Chairman. I thank the gentleman for yielding. Mr.
Rutherford, you are recognized now for five minutes.
OPENING STATEMENT OF HONORABLE JOHN RUTHERFORD
Mr. Rutherford. Good evening, Chairman Roe, and Ranking
Member Walz, and the rest of the Committee. I want to thank you
for this opportunity to testify on behalf of the Julian Woods
Yellow Ribbon Program Expansion Act, which has been included in
Section 108 of H.R. 3218.
In my time as a Member on this Committee, I have been
encouraged by our work to improve the lives of our
servicemembers and their families. Almost every day we hear
about new ways we can enhance the assistance our servicemembers
and their families receive. And I believe as you do that it is
very important that we seriously take recommendations under
consideration.
One component of these benefits focuses on the educational
success of these selfless men and women. The Marine Gunnery
Sergeant John David Fry Scholarship currently pays a benefit
equal to the Post-9/11 G.I. Bill to the children and surviving
spouses of servicemembers who die in the line of duty. Eligible
recipients are entitled to 36 months of benefits at the 100
percent level. They receive a monthly living stipend and book
allowance. Roughly 6,000 surviving dependents and spouses of
those who died serving their country rely on this scholarship
to cover their educational expenses. And as anyone who has sent
a child or a loved one to school recently knows, college is
incredibly expensive. The current benefit payment of the Post-
9/11 G.I. Bill is roughly $23,000 a year, which covers most of
the institutions. Though not the intent of the law this cap
places financial restrictions on prospective students that have
suffered the hardship of losing a loved one.
For servicemembers on the Post-9/11 G.I. Bill this is where
the Yellow Ribbon Program comes in to help. Under the Yellow
Ribbon Program degree granting institutions of higher learning
may choose to make additional funds available if the cost of
attendance is above the cap that is set by the Post-9/11 G.I.
Bill. These institutions voluntarily enter into an agreement
with the VA at no additional cost to the servicemember's G.I.
Bill privilege and the VA matches that amount to help cover the
additional cost. Hundreds of institutions participate in this
program.
Under current law, however, those on the Fry Scholarship
are not eligible for the Yellow Ribbon Program. This means that
the surviving spouses and children of those who have died in
the line of duty are limited in their ability to choose the
institution of higher learning that would best help them
succeed.
Section 108 is simple yet impactful. It would extend the
Yellow Ribbon Program to those on the Fry Scholarship. I
believe that when we empower the Members of our servicemen and
women, both fallen and surviving, we strengthen our
communities, we embolden our institutions, and we reinvigorate
our future.
Upon introduction of this bill, I was reminded of Petty
Officer 3rd Class Julian Woods, a Jacksonville native killed in
action in Fallujah during Operation Iraqi Freedom in 2004.
Petty Officer Woods was a hospital corpsman killed by enemy
fire as he rushed to aid a fallen soldier. When I introduced
H.R. 2103 I spoke with Julian's mother, Carolyn. She told me
that any work that we do to ease the mind of any person who
either served or lost someone they loved in the line of duty is
of incredible importance. I agree with her and I want to do
everything that we can to ease the burden of those who have
lost a loved one, including the Petty Officer's only daughter.
His loss was a tragedy for his family, his daughter, our
community, and our Nation.
I thank the Chairman, the Ranking Member, and the VSOs, and
the Committee staff for working together on this vital piece of
bipartisan legislation. And I look forward to working with you
all to move it forward. I yield back the balance of my time.
The Chairman. Thank you, Mr. Rutherford, for that
compelling testimony. Mr. Banks, you are now recognized for
five minutes.
OPENING STATEMENT OF HONORABLE JIM BANKS
Mr. Banks. Thank you, Mr. Chairman. We all obviously agree
on the importance of economic opportunity and skills
acquisition for our veterans. Helping our veterans not just
afford an education but also to maneuver the transition from
servicemember to student is one of the best ways that we can
help our veterans.
Since 2009 the VA has operated a pilot program called Vet
Success on Campus, or VSOC, which helps veterans,
servicemembers, and their families succeed on campus by
providing educational and vocational counseling services. These
services are provided through a vocational rehabilitation
counselor who works with student veterans to ensure they reach
both their educational and career goals. This includes
equipping them with the knowledge on how to effectively use the
G.I. Bill.
The pilot program began in 2009 and since then it has
expanded to 94 campuses across the country. In March, I
introduced legislation that would make this a permanent program
authorized by statute. The text of the bill has since been
included in the bill we are discussing today, H.R. 3218, along
with many other important reforms for our student veterans. For
that, I am very grateful on behalf of the thousands of veterans
on college campuses all over the country.
With that, Mr. Chairman, and with over three and a half
minutes left, I yield back.
The Chairman. I think everyone in the room thanks the
gentleman for that. I thank all of my colleagues and with us
today at the witness table we have our colleagues, Colonel Paul
Cook of California, a former Member of the Committee, and Luke
Messer of Indiana, a policy chair on the Republican side. Thank
you for being here tonight, introducing bills we included in
the package. Mr. Messer, you are now recognized for five
minutes.
OPENING STATEMENT OF HONORABLE LUKE MESSER
Mr. Messer. Well, thank you, Mr. Chairman. I did not know I
would be first. First I want to thank you for your leadership,
and your commitment to veterans, and your help with me today as
we worked through this legislation on this bill. I want to
thank all the Members of the Committee for the important work
that you do. And I do have to give a slight shout out to my
colleague from the great Hoosier State and appreciate his
leadership, Mr. Banks, and all you do for the Committee.
I also wanted to thank you for including my proposal in
this legislation to help veterans impacted by the closure of
ITT Tech in this bipartisan G.I. Bill reform package. When
Indiana based ITT Technical Institute abruptly closed its
doors, 40,000 students nationwide, including 7,000 veterans,
were left high and dry. Thankfully help came for some. If a
student attended ITT Tech through a Pell Grant, they had that
Pell Grant restored. And if they took out a Federal loan, the
loan was forgiven. But nothing has been done for the student
veterans who used their G.I. Bill benefits to attend ITT Tech.
Frankly, our veterans got a raw deal.
Jason Nicos, a U.S. Navy veteran from Greenfield, Indiana
in my district, had to start his degree completely from scratch
after spending two years at ITT Tech. Not a single credit
transferred and his G.I. Bill is going to run out before he can
finish a new degree. He told my office, ``to spend two years of
my life at a place with nothing to show for it is one of the
biggest disappointments I have ever experienced.'' And Jason's
story is sadly one of thousands. It is not fair that these
veterans would lose their G.I. benefits through no fault of
their own. They deserve better. My proposal restores G.I. Bill
benefits to veterans who were attending ITT Tech when it closed
so that they can finish their degree elsewhere. It also helps
veterans who may be impacted by a school closure in the future.
Our servicemen and women count on G.I. Bill benefits to help
them start a career and build a life after serving our country.
The least we can do is to make sure they get that chance.
Thank you, Chairman, again, and thank your staff for
working with us on this critical issue. And I yield back the
two minutes and 30 seconds of my time.
The Chairman. I thank the gentleman for yielding and some
of us, as Mr. Walz pointed out, in Congress may spend two years
and accomplish absolutely nothing either. So we are glad this
is something that was overlooked and should be taken care of.
And I am really, really pleased that these students are going
to be able to get their time back and be able to go on with
their lives. Colonel, you are now recognized for five minutes.
OPENING STATEMENT OF HONORABLE PAUL COOK
Mr. Cook. Thank you, Mr. Chairman. First I want to thank
you and Ranking Member Walz for including my bill, H.R. 245,
the Veterans Education Equity Act, as part of the larger G.I.
Bill reforms.
As a veteran and college professor, serving veterans and
ensuring an affordable path to higher education have always
been high priorities. The G.I. Bill addresses these two
critical issues and has been a huge success in helping millions
of veterans get an education.
By the way, I want to correct the record in that Mr.
Poliquin has been spreading a rumor that I was a veteran of the
Revolutionary War. And I just wanted to make sure that was
included.
One part of the G.I. Bill is the basic allowance for
housing, a monthly stipend that assists veterans with living
expenses while in school. Unfortunately the current formula
prevents some veterans from receiving a fair housing payment
based on their true cost of living or housing. Currently the
basic allowance for housing payment is based on the zip code
where the veteran's school is headquartered rather than the zip
code where the veteran attends classes. This policy results in
a monthly payment that sometimes fails to cover basic housing
needs or far exceeds the cost of living in certain areas. It
also places school headquarters in lower income zip codes at a
recruiting disadvantage because they offer student veterans a
much lower monthly payment than satellite campuses of schools
headquartered in more expensive areas.
In the Morongo Basin, which is the home to the Marine Corps
Air Ground Combat Center, and I might add that one of the
Members of your Committee formerly served in that area where I
live, many of the veterans utilizing the basic housing
allowance are adversely affected by the current payout formula.
Take for example, one community college is located and
headquartered in Joshua Tree, California, a low-cost area, and
a second one is headquartered in Orange County, California, a
very expensive area, but offers classes at satellite facilities
in the Morongo Basin. Because the current basic allowance for
housing payment is calculated based on the zip code where the
college is headquartered, veterans in the Morongo Basin taking
classes from the Orange County-based college receive as much as
a thousand dollars more per month than students taking classes
at the locally headquartered community college.
These are students living in the same community with the
same housing costs, but one student receives significantly more
money than the other student. This not only effectively
subsidizes some school at the expense of others, but also
wastes valuable taxpayer dollars that should be spent on
educating our veterans.
In other communities, the reverse is true. Satellite
campuses that are headquartered in less expensive communities
can leave student veterans without sufficient funds to cover
their housing needs.
The Veterans Education Equality Act fixes this discrepancy
by calculating the basic allowance for housing payments based
on where the student attends classes, not where the institution
of higher learning is headquartered. This bill ensures veterans
receive an adequate and fair housing allowance while
eliminating a source of abuse in the program. It will ensure
that veterans receive payments that meet their true costs of
housing.
Chairman Roe and Ranking Member Walz, I want to thank you
both again for including my bill in the Harry Colmery Veterans
Educational Assistance Act of 2017.
I have 15 seconds and I want to also add that to the time
left on it, and I talked longer than most people.
Thank you again for the time.
The Chairman. Thank you, Colonel. I appreciate both of you
all being here.
And we will forgo a round of questions for our colleagues.
Any questions that anyone may have may be submitted for the
record.
Thanks both for you being here. You all are excused now.
Mr. Cook. Thank you, sir.
Mr. Messer. Thank you.
The Chairman. Thank you all.
Joining us on our second panel and final panel is Mr. Curt
Coy, Deputy Under Secretary for Economic Opportunity at the
Department of Veterans Affairs, who is accompanied by Mr. James
Ruhlman, Assistant Director for Policy and Procedures of the VA
Education Service; Mr. Patrick Murray, Associate Director of
the National Legislative Service for the Veterans of Foreign
Wars; Mr. William Hubbard, Vice President of Government
Relations for Student Veterans of America; Mr. John Kamin,
Assistant Director of the Veteran Employment and Education
Division for the American Legion; and Ms. Ashlynne Haycock, the
Senior Coordinator for Education Support Services at the
Tragedy Assistance Program for Survivors.
Thank you all for joining us tonight.
Your complete written statements will be entered into the
hearing record.
Mr. Coy, you are recognized for five minutes.
STATEMENT OF MR. CURTIS L. COY
Mr. Coy. Good evening, Chairman Roe, Ranking Member Walz,
and distinguished Members of the Committee, and particularly
those Members of the Economic Opportunity Subcommittee.
Thank you for the opportunity to be here today to discuss
legislation pertaining to the Department of Veterans Affairs
programs. Perhaps more importantly, thank you for your
passionate interest in our student veterans. It is an honor to
be here to represent VA and those individuals who work hard
every day to deliver those benefits veterans have earned.
And if I may, we would also like to again compliment the
Committee staff for their professionalism, hard work, and
passion to assist veterans.
Accompanying me today is James Ruhlman, Deputy Director of
our Education Service.
As we reviewed the Harry W. Colmery Veterans Educational
Assistance Act of 2017, we are encouraged by the number of
sections aimed at improving educational opportunities for
veterans and their beneficiaries.
When I testified at the Senate Veterans' Affairs Committee
on many of the same proposed legislative actions, I said the
Post-9/11 GI Bill is truly transformative.
In a recent talk I gave, I indicated that the original GI
Bill or Servicemen's Readjustment Act of 1944 was the product
of what happens when goodwill and the right thing come together
in Congress. It created a civil renaissance by treating all
veterans as first class citizens. Empowering veterans proved
and continues to prove to be the catalyst to revitalizing and
driving America forward.
The original GI Bill was heralded as a success and a major
contributor to America's stock of human capital that sped long-
term economic growth across the Nation. Eight million World War
II veterans used the GI Bill and Tom Brokaw called them ``The
Greatest Generation.'' Many believe, including me, particularly
as you look at the young men and women testifying this evening,
all GI Bill graduates, that we are on the precipice of the next
greatest generation. And that is no slight to veterans in
between, including myself.
I am hopeful that this hearing will be somewhat uneventful,
as VA has outlined support, some with concerns in a caveat that
they are subject to offsets for almost all of these sections.
We are happy to work with the Committee to ensure we achieve
the best possible outcomes for veterans, servicemembers, and
their families.
We also note that many of these bills would require changes
to our IT systems, and will require staff and resources in
order to successfully implement them. We appreciate your
consideration of many of the effective dates that give us time
to implement them should they be signed into law.
The Department looks forward to working with the Committee.
And rather than attempt to synopsize our views on each of the
29 sections, we would like to return some of my time in my oral
statement in order to have the opportunity for the Subcommittee
to ask questions and comment on my testimony.
Mr. Chairman, this concludes my statement. Again, thank you
for your generous interest in improving the lives of veterans
and their families, and I would be pleased to respond to any
questions you or the Members of the Committee may have.
[The prepared statement of Mr. Coy appears in the Appendix]
The Chairman. Thank you, Mr. Coy.
And just a question I want to ask the audience and
everybody in this room, how many of us have used a GI Bill?
Just hold your hand up.
Thank you very much. Thank you.
Mr. Murray, you are now recognized for five minutes.
STATEMENT OF MR PATRICK D. MURRAY
Mr. Murray. Chairman Roe, Ranking Member Walz, and Members
of the Committee, on behalf of the men and women of the
Veterans of Foreign Wars of the United States and its
Auxiliary, thank you for the opportunity to provide our remarks
on today's pending legislation.
The VFW strongly supports restoring educational benefits
for those servicemen and women called to Active Duty, National
Guardsmen and Reservists who were placed on involuntary
activation orders that did not allow them to accrue benefits
through time and service like their Active duty counterparts.
While stationed abroad and away from their homes and
families, these troops are denied the ability to gain
educational credit for use after demobilization. 12304(b) and
additionally 12301(h) orders need to be amended to keep the
activation authority, but re-institute the benefits that were
removed. Thousands of National Guardsmen and Reservists have
been affected by this change.
More and more, DoD is using our Nation's reserve component
to fight our decade-and-a-half war against terror, and these
men and women to come home without equal benefits is something
that must be changed.
The VFW supports giving full educational benefits for
recipients of the Purple Heart. For the past decade and a half,
we have been sending Reservists into harm's way at an
unprecedented level and some of them have been wounded in the
line of duty. Nearly 1500 of these citizen soldiers have bled
for this country, but have not accrued enough Active duty time
to obtain full GI Bill benefits. This is the least we can do as
a country to help those who put their bodies on the line for
our freedom.
I especially support this bill because I have a personal
relationship to it. Jonathan Goldman served in Iraq in my squad
and he was my driver the night that our vehicle was hit by an
IED. John, like the rest of our team, was pretty banged up, but
he was the only one who ultimately did not have to end up being
medically retired due to his wounds. John still carries the
scars with him today and he is not eligible for many of the
other benefits that myself and my other teammate received.
Extending mere months of education eligibility for troops
like John is something the VFW fully supports and I personally
support vehemently.
Finally, I would like to focus on the school closure
section of this bill. The VFW strongly supports this portion of
the legislation to protect student veterans who are negatively
affected by school closures. Recently, ITT Tech, Corinthian,
and West Tech College suddenly shuttered their doors after
losing accreditation. This left thousands of student veterans
out of school mid-semester with no plan for what to do the rest
of the term. They have lost weeks or months of GI Bill benefits
that were wasted at failed institutions. Even worse, they lost
the monthly housing stipend many relied upon for their living
situation.
After the failure of ITT Tech, the VFW reached out to these
student veterans affected by the closure and offered them
assistance through our Unmet Needs Grant Program. The VFW
provided students with emergency grants in order to keep them
afloat for another month or so.
The impact the school closing had on these student veterans
was devastating. We received multiple responses to the students
we reached out to and the reports of their situations was
disheartening, to say the least. We had reports of veterans
being mere weeks away from living in their cars, veterans
choosing between which meals to skip during the day, and no
help from the VA or their schools to rectify the situation.
Thankfully, we were able to reach out and help these
students during their struggle, but the VFW and organizations
like ours cannot be the only entities stepping up to remedy the
situation. We provided the student veterans with some financial
stability to make it through the next few weeks while they got
settled after this major life upheaval; this, however, was only
a Band Aid for the real problem.
These student veterans need protection for issues like this
so they will not be affected as badly as they are in the
future.
This legislation allows for the affected student veterans
to recoup the lost months of GI Bill eligibility in only the
semester their schools are closed. While we support this
initiative, we feel it does not go far enough. We think student
veterans should be able to recoup their months of eligibility
wasted at the closed institutions, just like traditional
students can with Pell Grants.
Student veterans who attended schools like ITT have now
lost these months eligibility and they have no credits to show
for it. The VFW has heard from these student veterans from the
closed schools and they are now struggling to complete their
degrees at other institutions without their previous earned
credits.
GI Bill eligibility should be allowed to be recouped and
student veterans deserve the same equality as every other
student affected by school closures. This bill is an important
first step towards rectifying this entire situation.
Mr. Chairman, this concludes my testimony. I will be happy
to answer any questions you or the Committee may have.
[The prepared statement of Mr. Murray appears in the
Appendix]
The Chairman. Thank you, Mr. Murray.
Mr. Hubbard, you are now recognized for five minutes.
STATEMENT OF MR. WILLIAM HUBBARD
Mr. Hubbard. Chairman Roe, Ranking Member Walz, and Members
of this Committee, thank you for inviting Student Veterans of
America to submit our testimony on the Harry W. Colmery
Veterans Educational Assistance Act.
This legislation seeks to fix many of the current
challenges within the Post-9/11 GI Bill, while also addressing
ongoing inequities to provide veterans and their family's
access to the benefits they earned.
In May, we convened nearly 40 military, veteran, and higher
education organizations for a roundtable discussion at the
headquarters of our friends at the American Legion to discuss
education policy priorities for veterans, and last week we had
the second roundtable discussion, hosted by our gracious
friends at the VFW, to determine how we make those priorities a
reality.
This proposal is where it is at today thanks to the
incredible leadership of this Committee, as well as the support
from the following organizations: The Veterans of Foreign Wars,
Got Your 6, the Tragedy Assistance Program for Survivors,
Vietnam Veterans of America, the American Legion, and the
Military Order of the Purple Heart. This broad coalition of
organizations, and many others, is firmly committed to getting
the Colmery GI Bill through this Congress and onto the
President's desk for signature.
The first inequity addressed in this proposal includes the
National Guard and Reserve members who served under the
12304(b) authorization orders. I would like to highlight the
case of the deployment of the Special Purpose Marine Air Ground
Task Force in 2016 who experienced this issue firsthand.
In the case of this unit, hundreds of Marine Corps Reserves
were inaccurately advised by senior leadership that they would
receive GI Bill benefits for their Active duty service, only to
later learn that they would get nothing. The fully retroactive
solution in this proposal addresses this regrettable oversight.
Next, this legislation would begin to tackle the challenge
of making whole veterans who experience school closures. The
closure of ITT Tech demonstrated that the issue of school
closures is not likely to go away any time soon. Beginning with
the stunning moral and fiscal bankruptcy of the Corinthian
Colleges brought to light in 2015, student veterans are known
to be the only students that currently receive no type of
restitution.
We also strongly encourage the consideration of the
following recommendations. Broaden the restitution for veterans
who experience school closures, ensuring that VA has similar
authority to restore GI Bill benefits as the Department of
Education to provide restitution for Federal student loan
borrowers after school closures.
Full funding for the state approving agencies, the
watchdogs of the GI Bill, with a total annual increase from $19
million to the requested funding rate of $26 million, with
assurances that these additional funds will help prevent future
school closures by looking out for signs of predatory programs.
Restoration of GI Bill benefits for any credits earned at a
closed school that cannot be transferred to a new program or
institution, with a specific focus on providing relief to the
beneficiaries affected by the ITT closures.
We also enthusiastically praise this Committee for the
recognition of the importance and the value of science,
technology, engineering, and math, STEM, degrees. These degrees
provide a high value for the veteran and the country, but often
require additional time to complete. We would like to work
closely with the SAAs to ensure students entering these fields
are protected and that they reflect the national need.
I want to also acknowledge Congressman David McKinley and
Congresswoman Dina Titus for recognizing this challenge early
and remaining steadfast in pursuing the STEM Extension Act now
included in this package as the Edith Rogers Scholarship.
When I first saw the text of this bill I thought, if
student veterans sat down to write a bill, it would look like
this. This package reflects so many essential solution-oriented
provisions that increase access to education, address the
inequities of this earned benefit, and look forward to the
future well beyond our own generation. The passage of this bill
will represent the start of a new era for education for
veterans.
Additionally, the staff of the Chairman and the Ranking
Member demonstrate their dedication to the cause of veterans in
such a manner that it is humbling to consider them as
colleagues and friends.
I would like to acknowledge Jon Clark, Kelsey Baron, Ray
Kelly, Cathy Yu, Caroline Ponseti, and Tiffany Haverly. To each
of you, you have demonstrated the heartfelt appreciation of
millions of veterans and their families.
To Leader McCarthy and Leader Pelosi, as well as their
staff, Tiffany Wolfolk and Patty Ross, you also have proven a
spirit of bipartisanship and commitment to veterans that will
be remembered for many years to come.
Chairman Roe, Ranking Member Walz, America is fortunate to
have you at the helm of this esteemed body, two Members of
Congress that have demonstrated a model of bipartisanship and
collaboration to the country.
Thank you.
[The prepared statement of Mr. Hubbard appears in the
Appendix]
The Chairman. Thank you, Mr. Hubbard, for your kind words
and your leadership on this issue.
Mr. Kamin, you are recognized now for five minutes.
STATEMENT OF MR. JOHN KAMIN
Mr. Kamin. Chairman Roe, Ranking Member Walz, and
distinguished Members of this Committee, on behalf of National
Commander Charles E. Schmidt and the two million members of the
American Legion, we thank you for your leadership on behalf of
servicemembers and veterans.
The last few months were not easy as solutions were
proposed to improve the GI Bill. With public disagreements
dividing us, many believed that it would be impossible to get
anything done this year for veterans' education, yet this
Committee made it happen in under three months. This reflects
remarkable determination and statesmanship from Chairman Roe
and Ranking Member Walz, as well as the broad bipartisanship
that rose to the occasion.
As the largest organization of wartime veterans, we
appreciate the opportunity to present the American Legion's
views on the Harry W. Colmery Veterans Educational Assistance
Act. As all of us worked together over the past few months on
the future of the GI Bill, we can think of no greater namesake
than our past National Commander Harry Colmery.
In 1943, the Committee on World War Veterans was deeply
focused on the inevitable issues servicemembers would face
whenever the war ended. Many believed that education had no
place as a veteran's benefit and others believed the benefit
should be limited exclusively to wounded veterans.
Harry Colmery had a different vision. As a World War I
veteran, he knew firsthand the challenges of transitioning from
war. He saw the potential for a benefit that didn't create
dependence, but would foster greater citizenship through
economic empowerment; a benefit rooted in the idea that the
individual, not the Government, could decide how and where to
use it; a benefit that would challenge the status quo that
education was the providence of the wealthy and the elite.
Working from Washington's Mayflower Hotel over five months,
Colmery handwrote page after page of his vision on the back of
hotel stationery. These notes would become the Servicemen's
Readjustment Act of 1944.
As we now turn our attention to improving our generation's
GI Bill, we proudly proclaim that this bill reaffirms the
ideals of Harry Colmery and the American Legion, that investing
in veterans' education makes this country greater. This bill
does this through 28 distinct sections, most strikingly is
making the GI Bill a forever benefit. This has the potential to
greatly increase GI Bill usage rates by providing
servicemembers the flexibility they need to pursue their
educational aspirations.
No matter how widely it is known, not all veterans will
utilize the GI Bill with a 15-year cap simply because it
doesn't make sense for some of them to use it. If a Marine
Sergeant with a Bachelor's degree transitions to civilian life
as a Government contractor, it may not make sense for her to
immediately use the GI Bill. However, if 15 years later she
seeks a different career path, the GI Bill is as valuable to
her future as it was as if she had just transitioned from
Active duty. This bill makes it possible for veterans to
utilize this benefit at the right time and the right place and,
more importantly, it takes the benefit out of the Government's
hand and gives it to the veteran.
This bill also begins to address a burgeoning issue:
unequal education benefits for Reserve and National Guard
servicemembers with the advent of 12304(b) orders. While there
have been roughly 6,000 activations thus far, make no mistake
as to how the Department of Defense intends to utilize this
order. To wit, the Department of the Army's OCO budget
requested 18,738 man years for 12304(b) orders for fiscal year
2018.
We could have not asked for a better champion on this than
a National Guard Sergeant Major and we applaud the Ranking
Member for his tenacity on behalf of all Guard and Reservists.
This bill not only accomplishes this, but also awards
retroactive benefits to all servicemembers issued these orders.
As the Committee affirms its commitment to veterans'
education, it is for us to rededicate our efforts to refining
the GI Bill for the next generation. We see numerous areas that
can still be improved: increasing the state approving agency's
funding from 19 million to a rate of 26 million, so SAAs can
effectively perform their oversight responsibilities;
empowering our servicemembers and veterans to be informed
consumers who can make the choices they can on how to use their
benefit; and developing a solution that would provide GI Bill
resources and start-up capital to small businesses, just as the
original GI Bill did.
These improvements may seem small, but the impact cannot be
overstated. Just as the original GI Bill was beyond any
measurement at the time, the bills that this Committee passes
will have an impact beyond our years, not just on our veterans,
but on the country as a whole.
As I conclude, I would like to quote the closing remarks of
Harry Colmery's testimony to Congress in 1944. ``These men will
be a potent force for good or evil in the years to come: they
can make our country or they can break it, they can restore our
democracy or scrap it, they can promote world order or World
War III. The answer lies in leadership. We look to the American
Congress to step forward and give some of that leadership. This
is your opportunity and you can count on the American Legion to
add its experience and influence to assist in guiding and
directing the Nation along the path of peaceful progress.''
Chairman Roe, Ranking Member Walz, distinguished Members of
this Committee, to evoke Harry Colmery, you can still count on
us today.
Thank you very much and I look forward to your questions.
[The prepared statement of Mr. Kamin appears in the
Appendix]
The Chairman. Thank you very much, Mr. Kamin.
Ms. Haycock, you are recognized now for five minutes.
STATEMENT OF MS. ASHLYNNE HAYCOCK
Ms. Haycock. Chairman Roe, Ranking Member Walz, and
distinguished Committee Members, thank you for the opportunity
to speak on behalf of surviving families of our Nation's fallen
heroes.
I am the surviving daughter of Army SFC Jeffrey Haycock,
who died in the line of duty in 2002, and Air Force Veteran
Nichole Haycock, who died by suicide in 2011.
In 2010, I was one of the very first recipients of the
Marine Gunnery Sergeant John Fry Scholarship, and for that
opportunity I am incredibly grateful to this Committee.
I would also like to thank the Committee for several
expansions of survivor benefits included in the Jeff Miller and
Richard Blumenthal Veterans Health Care and Benefits
Improvement Act of 2016, such as guaranteed in-state tuition
for Fry recipients and additional time to utilize the Fry
Scholarship for our earliest post-9/11 widows.
TAPS' main legislative priority over the last several years
has been the expansion of the Yellow Ribbon Program to Fry
Scholarship recipients. Currently, only those receiving the
Post-9/11 GI Bill and those with transferred entitlement are
eligible. If the veteran is still alive and transferred their
benefits to their dependents, they would be eligible for this
expanded benefit, while children and spouses of America's
heroes who died in the line of duty are not. We would like to
see this inequity corrected.
This impacts children like Emily McClimans, whose father
was an Army Officer killed in action in 2011 when Emily was
just 13 years old. Emily is a sophomore at Texas Christian
University. The tuition is over $40,000 per year, but her Fry
Scholarship only covers 22,000 of it. That is more than $18,000
that Emily has to come up with every single year. TCU offers
750 Yellow Ribbon Program scholarships and they only filled 300
of them this year. These are slots that could go to children
like Emily to pursue her dreams and allow her to graduate from
college debt-free, a dream her father had for her.
TAPS strongly supports Section 108 of H.R. 3218.
TAPS is also advocating for an increase in Chapter 35
education benefits. The current rate is $1,024 per month and is
far inferior to the rates of Post-9/11 and Montgomery GI Bills.
The rates have not been increased with the exception of for
cost of living since 2003.
Many of TAPS survivors are not eligible for the Fry
Scholarship because the servicemember died before 9/11 or died
in veteran or retiree status. This includes children like Shana
Pellegrin whose mother, Navy Lieutenant Karen Pellegrin, died
in the line of duty just a few months before 9/11, making her
ineligible for the Fry Scholarship.
Shana is a rising sophomore at Virginia Tech; she is also
here with us this evening. Her father has had to pay a large
portion of Shana's college out of pocket, because the $9,000 a
year under Chapter 35 is not enough to cover the cost of
attendance. While the extra money per month included in
proposed legislation would not cover everything, it would make
a huge difference to families like Shana's who are not
fortunate enough to be eligible for robust benefits like Fry,
even though their service and sacrifice were the same.
TAPS strongly supports Sections 202 and 203 of H.R. 3218.
We are also grateful for the inclusion of a technical
change for transferred entitlement in Section 109. Currently, a
servicemember or veteran who has transferred their GI Bill can
adjust the number of months of eligibility between the
different family members, but when they die those months are
locked in and the family cannot adjust them as needed. This
impacts survivors like Coleen Bowman, whose Army husband died
from burn pit exposure in 2013.
Sergeant Major Bowman was medically retired because of
terminal cancer, so his children are not Fry eligible, but
Sergeant Major Bowman split his GI Bill between his wife and
four daughters. Coleen has no intention of ever using her
allocated months and would like to give it to her children, but
because of current regulations she cannot do this.
This would not allow families to add new transferees, only
adjust the number of months amongst themselves, something the
servicemember would have been able to do if they were still
alive.
TAPS strongly supports Section 109 of H.R. 3218.
TAPS is proud to have worked closely with partner
organizations such as Student Veterans of America, the American
Legion, and the Veterans of Foreign Wars to raise awareness of
the many issues in the Harry W. Colmery Veterans Educational
Assistance Act of 2017. TAPS supports the bill in its entirety,
but specifically the points that impact survivors.
We would also like to reiterate our support for the removal
of the arbitrary 15-year eliminating date. We understand that
these programs are expensive and we appreciate that there is a
recommendation to fund these changes, as well as the upgrades
to the GI Bill.
Our families have already paid the price for these benefits
through the loss of their loved ones. The proposed legislation
protects and expands survivor benefits, creates new and
innovative programs for veterans, and helps sustain the GI Bill
for a new generation of servicemembers.
Thank you for this opportunity and I am honored to answer
any questions.
[The prepared statement of Ms. Haycock appears in the
Appendix]
The Chairman. Thank you very much, Ms. Haycock, for your
advocacy, and it really struck a nerve with me.
I know in, let's see, 52 years ago a good friend of mine
was killed in Vietnam and left four children, and basically our
country provided nothing for them. Unbelievable that we
provided almost and our lives are worth $10,000 from what
Colonel Cook was talking about in Vietnam.
This was so easy for me to support and I was so passionate
because of what happened to that family. And to this day I
still mourn him and it affected how his kids grew up, the kind
of education they could get.
This is a great addition to this bill and I want to thank
you for your advocacy that you do each and every day.
Mr. Walz, I have no questions at this time. On behalf of
the Committee, I want to thank you all for being here. But I
have no questions, I will yield to you.
Mr. Walz. No, I don't either. I would just like to thank
you.
And the words together I think, again I go back to this,
the way we all conduct ourselves in respect of that sacrifice
that was given to self-governing, getting this right.
And I thank you too, Mr. Coy and the VA, for carrying out
these and being partners in this. We really appreciate the
guidance and the expertise as we started to craft these, so
thank you for that.
I yield back.
The Chairman. I thank the gentleman for yielding.
Mr. Bilirakis, you are recognized for five minutes.
Mr. Bilirakis. I have no questions, but I want to thank the
Ranking Member and the Chairman and the VSOs for working
together for our veterans. This is incredible stuff and it is a
big deal. It may not get in the newspaper tomorrow morning, but
this is why we are in Congress. This is what we should be doing
to help our true American heroes.
So I yield back, Mr. Chairman. Thank you.
The Chairman. I thank the gentleman for yielding.
Mr. Takano, you are recognized for five minutes.
Mr. Takano. I will follow suit and ask no questions, even
though I have some, but I will refrain until later.
[Laughter.]
The Chairman. We are putting the bar pretty high tonight.
Mr. Coffman, you are recognized for five minutes.
Mr. Coffman. Mr. Chairman, I have no further questions
other than to thank the panel for working on this issue and
your dedication to it, as well as the Chairman and the Vice
Chairman.
I yield back.
The Chairman. I thank the gentleman for yielding.
Ms. Brownley, you are recognized for five minutes.
Ms. Brownley. I have no further questions either, but too I
want to just express my gratitude to really everybody in this
room and the leadership on this Committee. It really is an
important day and a memorable day. And I am looking forward to
the markup and the President's signature and getting this bill
going. Thank you very much.
I yield back.
The Chairman. I thank the gentlelady for yielding.
Dr. Wenstrup, you are recognized for five minutes.
Mr. Wenstrup. I just have one question, since everyone
worked so well together on all of this, do you have any
questions of us?
[Laughter.]
Mr. Wenstrup. If not, I yield back.
The Chairman. I thank the gentleman for yielding.
Ms. Kuster, you are recognized for five minutes.
Ms. Kuster. I don't have any questions. Thank you and thank
you to all our colleagues. And I just hope we can get the word
out that Congress can work together and get something done.
Thank you. I yield back.
The Chairman. I thank the gentlelady for yielding.
Mrs. Radewagen, you are recognized for five minutes.
Mrs. Radewagen. Thank you, Mr. Chairman. I have no further
questions. I just want to thank you all for your great service
and God bless America.
I yield back.
The Chairman. Ms. Esty, you are recognized for five
minutes.
Ms. Esty. Thank you, Mr. Chairman.
No questions, but just saying this is really a model of
democracy, which is not just about Congress working, but about
the American people, those of you in this room who served and
those who served by helping us get it right.
The military is changing, the country is changing, and it
was high time for the GI Bill to change in accordance with it.
So congratulations to the Chairman and Ranking Member,
everyone on this Committee, but most importantly the people in
this room who helped us get it if not completely right, at
least better for those who are serving now.
Thanks very much.
The Chairman. I thank the gentlelady for yielding.
Mr. Poliquin, you are recognized for five minutes.
Mr. Poliquin. God bless the United States of America, God
bless our veterans. The more knowledge, the more education the
better. We owe it to our veterans. God bless you.
Thank you. No questions, sir.
The Chairman. I thank the gentleman for yielding.
Mr. Correa, you are recognized for five minutes.
Mr. Correa. No questions, but comments. Again, Mr. Chair
and Ranking Member, Members of this Committee, and our
veterans, thank you very much. It looks like a great piece of
legislation.
I am going to put it to the acid test in the next few
weeks. I am going to go back to my district and do a road show
with my veterans and see what they have to say. I think they
will be happy, but they have the final say.
Thank you very much, sir.
The Chairman. Thank you, Mr. Correa. Thank you, sir.
Let's see--oh, okay. Yes, Dr. Dunn. Sorry.
Mr. Dunn. Thank you, Mr. Chairman. Let me add my thanks
both to you and to Mr. Walz. It is a pleasure and an honor to
serve with you on this Committee, and also to serve the men and
women who served us so well in uniform.
I will say that it is sort of sad to contemplate in
response to your remark about the newspaper, you may not see
this in the newspaper tomorrow. We may not, but I think it is
actually some of the most important things that we have done in
a long time up here.
And thank you all very much and thank you, Mr. Chairman.
I yield back.
The Chairman. I thank the gentleman for yielding.
General Bergman, you are recognized for five minutes.
Mr. Bergman. Well, as the Chairman of the Oversight and
Investigation Committee, I hope I don't have a follow-up
hearing on this, and I am sure the Ranking Member Kuster feels
the same.
Thanks to everyone for all you have done, but I do have a
quick question.
Mr. Coy, when you implement the policies in this bill, what
do you anticipate the biggest challenges are going to be for
the VA. Knowing this is a change, this is a new bill, what are
you thinking you are going to run into?
Mr. Coy. I think across the board when you talk to the
people that work at the VA, this bill is an exciting bill for
lots of reasons and many of them have been expressed this
evening.
Probably my biggest concern is two words: IT. We have an IT
system and much or almost all of these sections require some
degree of changes in our IT system, and that is what concerns
me the most, sir.
Mr. Bergman. Okay. Thank you.
Mr. Hubbard, in your written testimony you discussed the IT
needs of the GI Bill and they are overlooked. Could you please
address that thought and how it is, you know, best addressed in
this bill?
Mr. Hubbard. Yes. Thank you for the question, Congressman,
I appreciate that.
We too support the VA on a daily basis, we work closely
with their staff and are intimately familiar with many of the
needs required to implement many of these provisions. As such,
we had that expressed in there and certainly fully support the
VA. We would love to work with this body to ensure that the
intent of this legislation is carried out and executed properly
and to the full extent of the available provisions provided,
and we look forward to that.
Mr. Bergman. Thank you.
And, you know, I know it is early in the process here and,
you know, we are before even a rollout, but I just implore the
VA and all the VSOs and all those involved with the rollout of
this that sense of urgency when it comes to actually catching
something early on when it is not going right, that sense of
urgency brings it to the forefront so we can address the issue
on behalf of the veterans.
And with that, sir, I yield back, Mr. Chairman.
The Chairman. I thank the gentleman for yielding.
Mr. Banks, you are recognized for five minutes.
Mr. Banks. No questions, Mr. Chairman.
The Chairman. I thank the gentleman for yielding.
Miss Gonzalez-Colon, you are recognized for five minutes.
Miss Gonzalez-Colon. Thank you, Mr. Chairman.
I will have no questions, but I would like to command and
recognize your leadership and Mr. Walz. It is an honor to serve
on this Committee under your leadership.
I think it is a great opportunity to see things happening
in just seven months I have been here, so many great
legislation, and being here today, amending and having a new
bill, a GI Bill.
I can't vote on the floor, as you may know, as a
representative from the Island, but this bill, I will be on
Wednesday in this markup when I do and can vote, and
representative for the million American citizens that do go to
war and represent the United States in every branch of our
military that do serve proudly. I feel very honored to be an
original cosponsor of this bill.
Thank you and I yield back.
The Chairman. I thank the gentlelady for yielding.
Mr. Rutherford, you are recognized for five minutes.
Mr. Rutherford. I yield back, Mr. Chairman, my time, other
than I don't want to miss the opportunity to thank all of our
VSOs, everyone in this room. Thank you so much, panel.
And thank you, Mr. Chairman and the Ranking Member and
Committee. God bless.
The Chairman. I thank the gentleman for yielding.
And on behalf of this Committee, I want to thank each and
every one of you for your testimony and your incredible hard
work, along with the staff, over the past several months. You
know, we have had a hiccup or two getting where we are tonight
sitting here and Wednesday we are going to mark this up, and
hopefully get unanimous consent and on board.
And I can't tell you how much I appreciate personally your
effort of all the organizations in this room and sat down
around the table with staff and worked out the issues. And it
is the way it should work and I can't not thank you enough for
that.
I will now yield to Mr. Walz for any closing statements.
Mr. Walz. I concur.
The Chairman. I think there are three or four things that
are for me absolute terrific. My GI Bill benefit ran out in ten
years, this is a lifetime benefit. People having to retain in
their lives now for these incredible tech jobs and so forth
that are out there to be had right now, high-paying jobs.
I think the Guard and Reserve, that is bothered me since I
have been here that we didn't call a Guard and Reservist a
veteran and it just bothered me, tremendously bothered me. And
I think now doing the right thing for the Guard and Reserve is
to me very important.
And I think the Purple Heart recipients, I mean, that goes
without saying. I think Americans wouldn't understand why that
wouldn't happen and I think once they understand that it is
happening, I think they will be very pleased that this
Committee and that the VSOs and others have worked towards this
means.
And another one for me are the Gold Star families that lose
a loved one in service to our great Nation and then find out
that we are not treating them the same as others. That was
wrong and we have corrected those wrongs in this bill. And I
again, once again, I can't thank you enough for the work you
have done to make this successful.
And before we close, I ask unanimous consent that the
statements be submitted into the hearing record for the
following organizations and individuals: Representative David
McKinley of West Virginia, Representative Markwayne Mullin of
Oklahoma, Representative Tim Ryan of Ohio, Representative Susan
Brooks of Indiana, Representative Raul Labrador of Idaho, the
Military Order of the Purple Heart, the National Guard
Association of the United States, the Veterans Education
Success, Captain Edward H. Hill, Vietnam Veterans of America,
High Ground Veterans Advocacy, Iraq and Afghanistan Veterans of
America.
Hearing no objection, so ordered.
I now ask unanimous consent that all Members have five
legislative days to revise and extend their remarks and include
extraneous material.
Hearing no objection, so ordered.
I would like to remind the Members we will hold a Full
Committee hearing markup on this legislation, as well as other
bills pending before the Committee, 10:00 a.m. on Wednesday of
this week.
I thank all Members in attendance tonight. The meeting is
adjourned.
[Whereupon, at 8:46 p.m., the Committee was adjourned.]
A P P E N D I X
----------
Prepared Statement of Curtis L. Coy
Good evening, Mr. Chairman and Members of the Subcommittee. I am
pleased to be here today to provide the views of the Department of
Veterans Affairs (VA) on H.R. 3218, the ``Harry W. Colmery Veterans
Educational Assistance Act of 2017.'' Unfortunately, due to the late
notice of the hearing and the receipt of the draft bill on July 10,
2017, we are unable to provide complete cost estimates for many
sections.
Accompanying me today is James Ruhlman, Assistant Director for
Policy and Procedures of the VA Education Service.
TITLE I - POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
SECTION 101
Section 101 would amend 38 United States Code (U.S.C.) Sec.
3301(1)(B) to count the time that a reservist is ordered to active duty
to receive authorized medical care, be medically evaluated for
disability, or complete a Department of Defense (DoD) health care
study, as active duty for purposes of the Post 9/11 Veterans
Educational Assistance Act of 2008. The amendment would be retroactive
to immediately after enactment of the Post-9/11 Veterans Educational
Assistance Act of 2008, and a reservist could use such entitlement to
pursue a course of education on or after August 1, 2018.
VA supports the intent of section 101, regarding the proposed
changes to qualifying active duty service under the Post-9/11 GI Bill,
subject to the availability of funds. We note, however, that this
change to the eligibility criteria would require VA to make
modifications to the type of data exchanged between DoD and VA through
the VA/DoD Identity Repository and displayed in the Veteran Information
System. In addition, new rules would need to be programmed into the
Long term Solution system (LTS) in order to calculate eligibility based
on service described in new section 3301(1)(B) and to allow for
retroactive benefit payments, while limiting awards of educational
assistance based on such service to programs pursued on or after August
1, 2018. VA estimates that it would need one year from enactment to
complete these changes.
There are no additional full time equivalent employee (FTE) or
general operating expense (GOE) costs associated with the proposed
legislation.
SECTION 102
Section 102 would amend 38 U.S.C. Sec. 3311(b) by consolidating
the current amount of qualifying active duty service required after
September 10, 2001, for payment of educational assistance at the 50-
percent and 60-percent benefit levels under the Post-9/11 Educational
Assistance Program. As a result, the current benefit level requiring at
least six months but less than twelve months of active-duty service
would be eliminated. This means that an individual with aggregate
service of at least six months but less than eighteen months of active-
duty service (excluding entry and skill training) would qualify at the
60 percent benefit level. Section 102 would be effective on August 1,
2018.
VA supports section 102, subject to the availability of funds. VA
estimates that it would require one year from the date of enactment to
make modifications to the LTS necessary to implement section 102. We
have not, however, fully determined if there would be any costs
associated with information technology (IT) changes.
Finally, additional conforming amendments to title 38 U.S.C. would
be required based upon the changes made by amending section 3311(b) and
3313(c).
There are no FTE and GOE costs requirements associated with this
section.
SECTION 103
Section 103 would amend 38 U.S.C. Sec. 3311(b) to expand Post-9/11
GI Bill educational assistance to individuals awarded the Purple Heart
for service in the Armed Forces occurring on or after September 11,
2001, at the same rate (100%) as for individuals entitled to Post-9/11
GI Bill educational assistance who served at least 3 years on active
duty or who served at least 30 days on active duty and were discharged
for a service-connected disability. Section 103 would also allow such
Purple Heart recipients to participate in the Yellow Ribbon G.I.
Education Enhancement Program. Section 103 would be effective August 1,
2018.
VA supports section 103, subject to the availability of funds.
Because VA would need to modify its existing IT system to implement
section 103, there would be associated IT costs. Specifically, VA would
need to modify the LTS, VA's Post-9/11 GI Bill processing system, to
verify eligibility for Purple Heart recipients. VA would also need to
make changes to the VA application forms (VA Form 22-1990 and Veterans
On-Line Application) to identify Purple Heart recipients. VA suggests a
review of other medals, i.e., Medal of Honor, Silver Star, and Service
Cross, recipients of which could also merit eligibility at the 100%
benefit level as well.
SECTION 104
Section 104 would provide that a reservist who established
eligibility to educational assistance under 10 U.S.C. Sec. 16163(a)(1)
before November 25, 2015, and loses eligibility for such assistance
under 10 U.S.C. Sec. 16167(b) would be able to elect to have such
service credited towards establishing eligibility under 38 U.S.C. Sec.
3313 equal to the number of months of entitlement remaining under
chapter 1607 of title 10 U.S.C.
VA supports the intent of section 104 because it would provide
educational assistance benefits for individuals who abruptly lost
eligibility to the Reserve Educational Assistance Program on November
25, 2015. However, VA has the following concerns regarding section 104.
First, section 104(c) refers to 38 U.S.C. Sec. 3311(b)(6) as amended
by section 104(a); however, section 104(a) does not contain an
amendment to section 3311(b)(6). We believe that section 104(c) should
refer to section 102(a) of the bill, and we recommend that section
104(c) be amended accordingly. Second, we interpret section 104(c) to
mean that all individuals establishing eligibility under this provision
would be eligible for Post-9/11 GI Bill benefits at the 60-percent
benefit level, regardless of the amount of aggregate service. However,
section 104 is silent as to how additional active-duty service not
credited toward chapter 1607 would impact the benefit level of an
individual who establishes eligibility to the Post-9/11 GI Bill under
section 104. We would be happy to provide further technical assistance
as necessary to accomplish the desired intent.
There are no additional FTE or GOE cost requirements associated
with this section.
SECTION 105
Section 105 would amend Sec. 3313(c)(1)(B)(i)(I) of title 38 to
provide for the calculation of the monthly housing allowance (MHA)
payable under the Post-9/11 GI Bill based on the location of the campus
where the individual physically participates in a majority of classes,
rather than the location of the institution of higher learning (IHL) at
which the individual is enrolled. Section 105 would apply to the
initial enrollment in a program of education on or after August 1,
2018.
VA supports section 105 because it would make MHA payments
commensurate with the cost of housing in the location where students
actually attend classes. In particular, section 105 would address two
situations in which the current MHA is likely not aligned with the cost
of living where an individual actually attends classes: (1) courses
that are held at a branch or satellite location of an IHL rather than
at the IHL's main campus; and (2) online degree programs that require
some in-residence courses. We believe that section 105 would also
remove the issue of the amount of the MHA as a factor in choosing a
school and instead allow students to focus on the educational program
when choosing an IHL. VA would need to modify LTS in order to calculate
MHA based on whether the initial enrollment in a program of education
occurred on or after August 1, 2018.
VA is unable to determine if any costs or savings would result from
section 105 because of a lack of data on trainees who attend school at
a branch location with a zip code that is different than the main
campus. Therefore, the total increase or decrease in MHA payments
cannot be determined. This legislation would ensure that MHA payments
are relative to the trainees' actual training location and cost of
living, not the main campus' location. Additionally, this bill would
prevent trainees from seeking an IHL that would yield a higher MHA
payment at a main campus when compared to a branch campus. If trainees
no longer seek IHLs based on higher MHA payments, this may result in a
savings. However without data, VA cannot determine if this bill would
result in any costs or savings. There are no additional FTE or GOE cost
requirements associated with this section.
SECTION 106
Section 106 would amend 38 U.S.C. Sec. Sec. 3315(c) and 3315A to
allow for the proration of entitlement charges for licensing and
certification examinations and national tests under the Post-9/11 GI
Bill based on the actual amount of the fee charged for the test.
Section 106 would also add educational assistance for chapter-33
beneficiaries for 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.'' The amendments made
by this section would apply to a test taken on or after August 1, 2018.
VA supports section 106 because it would benefit Post-9/11 GI Bill
beneficiaries by reducing the negative impact of test reimbursement on
their remaining benefit entitlement and increasing the months of
training available for the beneficiaries, thus expanding educational
opportunities. Under current sections 3315 and 3315A, an individual is
charged entitlement for the reimbursement of fees associated with a
licensing or certification exam, or a national test, in whole months.
Thus, VA charges an individual 1 month of entitlement for each
$1,832.96 reimbursed for the academic year beginning on August 1, 2016,
rounded to the nearest whole month, regardless of the cost of the test.
However, VA suggests that the parenthetical ``(rounded to the nearest
whole month)'' be struck from sections 3315(c) and 3315A(c) as the
phrase would now be superfluous.
As noted in VA's Fiscal Year (FY) 2017 legislative proposal, the
Department believes the law should be amended to charge entitlement for
reimbursement of VA approved exams at a prorated number of days of
entitlement based on the ratio of the cost of the test to the statutory
amount.
There are no additional FTE or GOE costs associated with this
section.
SECTION 107
Section 107 would add a new section 3699 to title 38 U.S.C. which
would provide that, if VA finds that an individual was forced to
discontinue pursuit of a course or courses under the Post-9/11 GI Bill
as a result of closure of an institution or disapproval of a course of
study and did not receive credit or lost training time toward
completion of the program being pursued at the time of closure, any
payment of educational assistance to the individual for pursuit of the
course or courses would not be charged against the individual's
entitlement to benefits under the Post-9/11 GI Bill or counted against
the aggregate period for which 38 U.S.C. Sec. 3695 limits the
individual's receipt of educational assistance. The period for which
educational assistance would not be charged against entitlement or
counted toward the aggregate period under section 3695 would not exceed
the aggregate of the portion of the period of enrollment from which the
individual failed to receive credit or lost training time, and the
period by which a monthly stipend is extended under section
3680(a)(2)(B) of title 38. VA may treat a course of education that is
disapproved under this chapter as being approved, if VA determines, on
a case-by-case basis, that the course was disapproved for one of the
reasons stated above and continuing the course is in the best interest
of the individual.
Section 107 would also amend section 3680(a) of title 38 U.S.C. to
authorize VA to prescribe regulations to continue awarding a monthly
housing allowance stipend under the Post-9/11 GI Bill following a
permanent school closure or the disapproval of a course of study as
described in section 3699(b)(1)(B). The housing allowance would be
payable until the earlier of the date of the end of the term, quarter,
or semester during which the school closure or disapproval occurred; or
120 days after the date of the school closure or disapproval. The
proposed legislation would take effect 90 days after enactment and
apply to courses and programs of education discontinued after January
1, 2015.
VA supports section 107. The closure of educational institutions
while GI Bill beneficiaries are actively pursuing an approved program
of education or training negatively impacts student Veterans and
eligible dependents. While VA can pay benefits for the term, quarter,
or semester up to the time of the school's closure, the student is
charged entitlement for the period prior to the closure for which
benefits are received, even if the student does not earn any credit
toward completion of a program. In some instances, this could result in
a beneficiary exhausting chapter-33 entitlement prior to being able to
complete his/her program at another institution. Allowing VA to restore
entitlement and to continue to pay MHAs in the event of a school
closure would be in the best interests of Veterans and would help
ensure that they are able to successfully complete their educational
goals.
VA sees no need for the provision that would allow for the
restoration of entitlement in cases involving course disapproval.
Current VA policies provide that whenever a program loses its approval,
any student currently enrolled in the program is allowed to complete
the current term because, unlike in the case of a school closure, the
students may still pursue the program. Therefore, there are not any
students who do not receive credit, or lose training time, toward
completion of the program as a direct result of the disapproval.
Consequently, inclusion of disapproved courses in section 107 is
superfluous.
There are no additional FTE or GOE costs associated with this
section.
SECTION 108
Section 108 would amend 38 U.S.C. Sec. 3317(a) to provide that
recipients of the Marine Gunnery Sergeant John David Fry Scholarship
would be covered under the Yellow Ribbon GI Education Enhancement
Program. The Yellow Ribbon program is currently available to Veterans
and most transfer of entitlement recipients receiving Post-9/11 GI Bill
benefits at the 100% benefit level attending institutions of higher
learning. The program provides payment for up to half of the tuition
and fee charges that are not covered by the Post-9/11 GI Bill, such as
charges that exceed an academic year cap or out-of-state charges, if
the institution enters into an agreement with VA to pay or waive an
equal amount of the charges that exceed Post-9/11 GI Bill coverage.
This section would be effective on August 1, 2018.
VA supports the intent of section 108, subject to the availability
of funds. Also, VA estimates that implementation of section 108 would
require one year from the date of enactment to make needed
modifications to the Benefits Delivery Network (BDN), the VA-Online
Certification of Enrollment (VA-ONCE), and LTS.
There are no additional FTE or GOE costs associated with this
section.
SECTION 109
Section 109 would amend 38 U.S.C. Sec. 3319 to authorize transfer
of unused Post-9/11 GI Education Assistance benefits to a different
eligible dependent upon the death of the originally designated
dependent if the dependent dies before using such entitlement. Also, if
an individual transferring entitlement under section 3319 dies before
the dependent to whom entitlement is transferred has used all of such
entitlement, the dependent would be able to transfer such entitlement
to another eligible dependent. Section 109 would apply to deaths on or
after August 1, 2009, and the entitlement could be used on or after
August 1, 2018.
VA defers to DoD regarding the amendment providing for designation
of a dependent upon the death of the originally designated dependent.
Currently, an individual cannot designate a new dependent to receive a
transfer of entitlement to Post-9/11 Education Assistance after
separating from the Armed Forces. However, we interpret section 109 to
provide that if a Servicemember or Veteran does not transfer the
maximum entitlement to a dependent, the amount that was not transferred
would be forfeited.
VA supports allowing an eligible dependent to transfer entitlement
to another eligible dependent if the individual who transferred
entitlement dies before the designated dependent uses all of his or her
entitlement. Currently, if an individual who has transferred
entitlement subsequently dies, no additional changes to the transferred
entitlement are authorized.
There are no additional FTE or GOE costs associated with this
section.
SECTION 110
Section 110 would add a new section, 3320 to title 38 U.S.C. to
create the Edith Nourse Rogers STEM Scholarship. The scholarship would
provide up to 9 months of additional Post-9/11 GI Bill benefits to an
individual who: (1) has used all of his or her Post-9/11 GI Bill
educational assistance or who will, based on the individual's rate of
usage, use all such assistance within 180 days of application for
benefits; and (2) is enrolled in a program of education leading to a
post-secondary degree that requires more than the standard 128 semester
(or 192 quarter) credit hours for completion in biological or
biomedical science; physical science; science technologies or
technicians; computer and information science and support services;
mathematics or statistics; engineering; engineering technologies or an
engineering-related field; a health profession or related program; or a
medical residency program, and has completed at least 60 standard
semester (or 90 quarter) credit hours in a field listed above, or has
earned a post-secondary degree in one of these fields and is enrolled
in a program of education leading to a teaching certification. Priority
would be given to individuals who require the most credit hours and to
individuals who are entitled to 100 percent of Post-9/11 GI Bill
benefits. Each eligible individual would be entitled to a one time
lump-sum payment that is the lesser of the amount available under 38
U.S.C. Sec. 3313 or $30,000. These additional benefits would not be
transferrable to a dependent. Individuals who receive this scholarship
would also be eligible for the Yellow Ribbon G.I. Education Enhancement
Program. However, VA would not be authorized to issue any Yellow Ribbon
payments for these individuals. Additionally, the total amount of
benefits paid to all eligible individuals may not exceed $100,000,000
during any fiscal year. Section 110 would be effective on August 1,
2018.
VA supports the intent of section 110 subject to the availability
of funds. However, VA has concerns about the eligibility criteria for
the additional educational assistance. As currently drafted,
individuals who have completed at least 60 standard semester (or 90
quarter) credit hours in a science, technology, engineering, and
mathematics (STEM) program of education at the point at which they
exhaust the 36 months of the chapter-33 entitlement would be eligible
for an additional 9 months of educational assistance. We do not believe
that providing additional benefits under these circumstances would
serve the purpose of section 110, which is designed for programs that
require more than the standard 128 semester (or 192 quarter) credit
hours for completion. The additional 9 months of educational assistance
would not enable individuals who previously completed 60 standard
semester hours of STEM classes to complete a STEM program.
In addition, it would be difficult for VA to gauge whether an
individual would use all of his or her entitlement within 180 days from
date of application for the scholarship. Several factors influence
entitlement usage such as the length of the enrollment period and an
individual's decision to reduce the number of classes in which the
individual is enrolled or to withdraw from school for a period of time.
To implement section 110, VA would need to make modifications to
VA-ONCE and LTS in order to verify eligibility and allow for the award
of additional months of educational assistance. VA estimates that it
would require 1 year from the date of enactment to make the IT changes
necessary to implement section 110.
There are no additional FTE or GOE costs associated with this
section.
SECTION 111
Section 111 would amend 38 U.S.C. Sec. 3321(a) and (b) by
eliminating the time limitation for use of Post-9/11 GI benefits by
individuals, including children of deceased Servicemembers, who first
become entitled to benefits on or after January 1, 2018. Individuals
who first become entitled to Post-9/11 GI Bill educational assistance
prior to January 1, 2018, would remain subject to the current 15-year
time limitation for using their Post-9/11 GI Bill benefits.
VA supports section 111, subject to the availability of
funds,because it would ensure that certain beneficiaries have an
expanded opportunity to use all their Post-9/11 GI Bill educational
assistance. However, section 111 would require VA to administer a
lifelong program for millions of Veterans and dependents. As a result,
additional staffing and IT resources would be needed because VA would
have to make modifications to the LTS. Also, section 111 could impact
VA's ability to predict future workload trends and resource
requirements.
SECTION 112
Section 112 would add a new subsection (j) to 38 U.S.C. Sec. 3313
to provide for payment of MHA on a pro rata basis for any period in
which a reservist pursuing a program of education is not performing
active duty. More specifically, VA would award housing allowance
benefits for each day of the month an individual is not serving on
active duty. Currently, monthly housing allowance benefits for an
otherwise eligible individual are terminated at the end of the month
that the individual enters onto active duty service. When discharged,
VA commences payment of the monthly housing allowance for an otherwise
eligible individual at the beginning of the following month. This
amendment would be applicable to a quarter, semester or term commencing
on or after August 1, 2018.
VA supports section 112 as it would be equitable to prorate MHA
payments for any period in which a reservist or individual is not
performing active duty. We note, however, that section 112 would result
in a decrease in the amount of MHA for the month in which a reservist
is ordered to active duty and in an increase in the MHA for the month
in which a reservist is released from active duty. Consequently, the
amount of MHA that each reservist receives would depend upon the dates
on which the reservist entered and was released from active duty. We
note as well that new section 3313(j) would not apply to other persons
on ``active duty'' as defined in 38 U.S.C. Sec. 3301(1)(A) and (C).
We note that due to the proposed definition of ``an individual'' as
specified in the bill, and current VA regulations, members of the
regular components of the Armed Forces and members of the Army National
Guard or Air National Guard serving on active duty would not be
impacted by the amendment (i.e., changes to housing allowance benefits
due to changes in duty status would continue to be effective at the
beginning of the month following the change in duty status based on VA
regulations).VA would have to modify the LTS to calculate the prorated
MHA and manual award calculations and payment authorizations would be
required until the LTS is modified.
SECTION 113
Section 113(a) would require VA to make changes and improvements to
the Veterans Benefits Administration (VBA) IT systems to ensure that,
to the maximum extent practicable, all original and supplemental claims
for educational assistance under chapter 33 are adjudicated
electronically and that rules-based processing is used to make
decisions on such claims with little human intervention.
The proposed section would require VA to submit a plan to implement
the changes and improvements to VBA's IT systems to Congress no later
than 180 days after enactment. VA would also be required to submit a
report to Congress on the implementation of the changes and
improvements one year after enactment.
Finally, this section would authorize an appropriation of
$30,000,000 to VA to carry out the requirements of this section during
fiscal years 2018 and FY 2019. VA concurs that there is room to improve
the automation of the processing of education benefits claims. VBA is
currently working with the Office of Information and Technology to
assess IT capabilities. While VA is currently prioritizing replacement
of legacy systems due to the risk of maintaining these systems, VA is
also considering additional LTS functionality needed to provide faster
and more accurate claims processing for those who apply for Post-9/11
GI Bill benefits and submit supplemental claims. The current average
processing time for eligibility claims, which are not automated and are
very labor-intensive, is 26 days. During calendar year 2017, an average
of over 5,200 supplemental (reenrollment) claims were processed
automatically each day using LTS, without human intervention. The
remainder of the supplemental claims are processed using partial
automation.
VA would be able to provide a plan of implementation for the
required IT changes within 180 days after enactment; however, VA would
require at least 24 months from the date of enactment in order to
report on those changes due to the time needed for the procurement
process, systems development, testing, and deployment.
No benefit costs are associated with section 113. There are no
additional FTE or GOE costs associated with this section.
SECTION 114
Section 114 would require the Secretary of Veterans Affairs to
carry out a pilot program for 5 years under which eligible Veterans who
are entitled to educational assistance would be able to enroll in high
technology programs of education. The term ``high technology program of
education'' would be defined as a program of education that is offered
by an entity other than an IHL, does not lead to a degree, and provides
instruction in computer programming, computer software, media
application, data processing, or information sciences. Within 180 days
after August 1, 2018, VA would be required to seek to enter into
contracts with multiple qualified providers of such programs. Under
these contracts, VA would agree to pay the provider 25 percent of the
cost of providing the program of education upon enrollment of an
eligible Veteran; 25 percent of the cost upon completion of the program
by the Veteran; and 50 percent of the cost upon the employment of the
Veteran in the field of study of the program following completion of
the program. A qualified provider would be defined as a provider of a
high technology program that has been operational for at least 2 years;
has successfully provided the high technology program for at least one
year; and meets the approval criteria developed by VA. VA would be
required to give preference to a qualified provider that offers tuition
reimbursement for students who complete a program of education offered
by the provider and do not find full-time meaningful employment in the
field of study of the program within the 180-days after completing the
program. Each Veteran enrolled in a high technology program of
education under the pilot program on a full-time basis would receive a
monthly housing stipend as follows: 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 U.S.C. for a member with
dependents in pay grade E-5 residing in the military housing area that
encompasses all or the majority portion of the zip code area in which
is located the institution at which the individual is enrolled; or 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 to
a Veteran enrolled full-time pursuing resident training. This bill
would require VA to submit to Congress a report on the pilot program
not later than one year after the date of enactment and annually
thereafter. The bill would authorize an appropriation of $15 million
for each fiscal year during which the pilot program operates. The
authority to carry out the pilot program would terminate 5 years after
the date on which VA first enters into a contract under this bill.
VA has significant concerns regarding the implementation and
administration of the pilot program. First, section 114 would apply to
all Veterans entitled to assistance under any VA education program.
However, it would also require payment of the Post-9/11 GI Bill MHA,
which is a marked departure from the rates currently payable under
programs other than the Post-9/11 GI Bill. VA recommends that section
114 apply only to covered individuals under the Post 9/11 GI Bill.
Second, section 114 would require VA to manage contracts and pay
providers that are not IHLs. Given the scope of the pilot program, VA
would have to hire additional FTEs to manage the program. Finally, VA
estimates that it would require 12 to 18 months from the date of
enactment to make the IT system changes necessary to implement section
114 and the acquisition timeline for $15 million in contracts.
Section 114 does not specify whether the mandatory Readjustment
Benefits account, discretionary VBA GOE account, or a mixture of both
would be used to fund the pilot program. However, direct costs of the
pilot, including payments for contractors and housing allowance, are
estimated to be $15 million in 2018 and $75 million over 5 years.
TITLE II - OTHER EDUCATIONAL ASSISTANCE PROGRAMS
SECTION 201
Section 201 would amend 38 U.S.C. Sec. 3485(a)(4) by removing the
expiration date of June 30, 2022, for work-study allowances for
Veterans pursuing VA programs of rehabilitation, education, or training
who perform certain ``qualifying work-study activity,'' which includes
outreach services for a State approving agency (SAA), providing
hospital and domiciliary care and medical treatment to Veterans in a
State home, or performing an activity relating to the administration of
a national cemetery or a state Veterans' cemetery.
VA supports section 201 because it would permanently authorize
work-study allowances for individuals who are performing work-study
activities that involve providing services to or on behalf of
Servicemembers and Veterans.
Benefit costs are estimated to be $0 in FY 2018, $277,000 over 5
years, and $6.6 million over 10 years. There are no additional FTE or
GOE costs associated with this section.
SECTION 202
Section 202 would amend 38 U.S.C. Sec. 3511(a)(1) to provide
educational assistance under the Survivors' and Dependents' Educational
Assistance (DEA) program for 36 months for individuals who first enroll
in programs of education using such benefits on or after August 1,
2018. Individuals who first enrolled in a program of education prior to
August 1, 2018, would still qualify for a maximum of 45 months of
entitlement.
VA supports section 202 as this would bring the amount of
entitlement under the DEA program in line with the maximum number of
months of entitlement under all other VA educational assistance
programs. VA would need to make modifications to the BDN in order to
implement section 202.
There are no additional FTE or GOE costs associated with this
section.
SECTION 203
Section 203 would increase the amounts of educational assistance
payable for pursuit of institutional courses under the DEA program. An
eligible person would be entitled to a monthly allowance of $1,224 for
full-time coursework, $967 for 3-quarter time, and $710 for half-time
coursework. The increases would be effective August 1, 2018.
VA supports section 203, subject to the availability the funds,
because it would provide additional funding for individuals currently
utilizing the benefit for pursuit of these types of programs. These
rates were last increased in 2003 and have only been increased through
an annual cost of living allowance in subsequent years.
There are no additional FTE or GOE costs associated with this
section.
TITLE III - ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
SECTION 301
Section 301 would amend 38 U.S.C. Sec. 3674(a) to provide that
reasonable and necessary salary and travel expenses of SAA employees
and local agencies that VA has agreed to pay would be payable out of
appropriated amounts as well as from amounts available for payment of
readjustment expenses. Section 301 would authorize $3 million in
appropriated funds per fiscal year, and the maximum total amount
available under section 3674 for any fiscal year would be increased
from $19 million to $21 million. Beginning in FY 2019, the maximum
total amount available for these expenses would increase by the same
percentage as the annual increase in the benefit amounts payable under
title II of the Social Security Act.
VA supports section 301 as it would provide additional Federal
funding in support of SAA duties. The current budgetary allocation of
$19 million, unchanged since 2007, has not kept up with the
inflationary pressures experienced by state governments. SAAs must have
the necessary funding to maintain their critical mission. VA believes
the proposed increase in the funding level and the annual appropriation
would prove sufficient to cover both inflationary pressures and the
SAA's expanded workload.
There are no additional FTE or GOE costs associated with this
section. We believe, however, that the language in new section
3674(a)(4) and (a)(5) requires further clarification. On the one hand,
new section 3674(a)(4) would state authorize appropriations of $3
million ``[i]n addition to'' the $21 million provided for in new
section 3674(a)(5). On the other hand, section 3674(a)(5) would state
that the ``total amount made available under this section for any
fiscal year shall be $21 million.'' It is unclear therefore whether
appropriated funds for SAA funding would be $21 million plus the $3
million authorized in annual appropriations under section 3674(a)(4) or
whether only $21 million would be available.
SECTION 302
Section 302 of this bill would amend 38 U.S.C. Sec. 3680A(a)(4) to
authorize the use of Post-9/11 educational assistance to pursue
accredited independent study programs at the following educational
institutions that are not IHLs: area career and technical education
schools as defined in 20 U.S.C. Sec. 2302(3) that provide post-
secondary level education and postsecondary vocational institutions as
defined in 20 U.S.C. Sec. 1002(c). Currently, under section
3680A(a)(4), the Secretary may only approve enrollment in an
``accredited independent study program (including open circuit
television) leading (A) to a standard college degree, or (B) to a
certificate that reflects educational attainment offered by an
institution of higher learning.'' As such, VA is not authorized to pay
educational assistance for independent study courses at an institution
that is not considered to be an IHL.
VA supports section 302, subject to the availability of funds. This
section would expand VA's approval authority to pay Post-9/11 GI Bill
benefits for enrollment in accredited independent study certificate
programs at educational institutions that are not IHLs but are
accredited by an accreditor recognized by the Secretary of Education
and at career and technical schools that lead to industry-recognized
credentials and certificates for employment. VA understands and
appreciates the importance of career and technical education courses
and the growth in the utilization of online and other 21st century
training modalities in the delivery of instruction for both degree and
non-degree programs. As such, expanding the approval authority for
certain independent study programs would be in the best interests of VA
education beneficiaries.
We note that, because section 302 would amend 38 U.S.C. Sec.
3680A, the expansion of benefits would not be limited to Post-9/11 GI
Bill benefits. If the intent of section 302 is to limit this expansion
to chapter 33 beneficiaries, the provision should be codified in
chapter 33 or the bill should be revised to incorporate this
limitation.
There are no FTE and GOE costs requirements associated with this
section.
SECTION 303
Section 303 would amend 38 U.S.C. Sec. 3698(c)(1)(C) to require VA
to improve outreach and transparency to Veterans and Servicemembers by
providing information on whether an IHL administers a priority
enrollment system that allows certain student Veterans to enroll in
courses earlier than other students.
VA supports section 303. VA's GI Bill Comparison Tool currently
enables prospective students to compare educational institutions using
key measures of affordability and value through access to school
performance information and consumer protection information. Providing
information about priority enrollment for Veterans would further help
Veterans become informed post-secondary education consumers. VA would
need to make modifications to the GI Bill Comparison Tool to include
information on priority enrollments. VA estimates that it would need
one year from enactment to make these changes.
SECTION 304
Section 304 would amend 38 U.S.C. Sec. 3684(c) to revise
requirements governing reporting fees payable to educational
institutions and joint apprenticeship training committees. Section 304
would increase the annual fee to $16 for each eligible individual
enrolled in VA's education and vocational rehabilitation and employment
programs. Section 304 would prohibit an educational institution or a
sponsor of a program of apprenticeship with 100 or more enrollees from
using reporting fees from VA for or merging such fees with the amounts
available for the general fund of the educational institution or
sponsor of a program of apprenticeship. This section would be effective
on August 1, 2018.
VA supports section 304 because it would prohibit schools and
sponsors of apprenticeship programs from using reporting fees for, or
merging such fees with, their general funds. Educational institutions
and sponsors of apprenticeship programs are required to use reporting
fees solely for making certifications or otherwise supporting programs
for Veterans, and this would ensure that the reporting fees are used
solely for those purposes.
There are no additional FTE or GOE costs associated with this
section.
SECTION 305
Section 305 would authorize VA, in consultation with the SAAs, to
provide training requirements for school certifying officials employed
by covered educational institutions that offer courses of education
approved under chapter 36 of title 38 U.S.C. If an educational
institution does not ensure that a school certifying official meets the
training requirements, VA may disapprove any course of education
offered by the educational institution. A ``covered educational
institution'' would refer to an educational institution that has
enrolled 20 or more individuals using VA educational assistance, and a
``school certifying official'' would be defined as an employee of an
educational institution with primary responsibility for certifying
Veteran enrollment at the educational institution. This section would
be effective on August 1, 2018.
VA supports section 305. VA currently provides guidance and
training opportunities for school certifying officials via webinars,
the School Certifying Official Handbook, and on the GI Bill website,
but does not have the authority to require school certifying officials
to complete this training or to disapprove educational programs if the
training is not completed. Section 305 would provide VA with the
authority to require school certifying officials to meet certain
training requirements as determined by VA. VA suggests that the
proposed requirements be codified in chapter 36 of title 38 U.S.C.
No benefit costs are associated with this section. There are no
additional FTE or GOE costs associated with this section.
SECTION 306
Section 306 of the bill would amend 38 U.S.C. Sec. 3692(c) to
extend the authorization for the Veterans' Advisory Committee on
Education (VACOE) through December 31, 2022. VACOE provides advice to
the Secretary on the administration of education and training programs
for Veterans and Servicemembers, members of the National Guard and
Reserve Components, and dependents of Veterans under chapters 30, 32,
33, and 35 of title 38 U.S.C. and chapter 1606 of title 10, United
States Code.
VA supports section 306. If authorization for the VACOE is
extended, the Secretary would be able to continue to receive
recommendations and seek advice from VACOE in order to enhance VA's
educational assistance programs.
No benefit costs are associated with this section. GOE costs for
the first year are expected to be $51,000 and include oversight, member
operations, travel, and other fees for 10 members of the VACOE. 5 year
costs are estimated to be $255,000.
SECTION 307
Section 307 would amend chapter 36 of title 38 U.S.C. to add a new
section, 3697B, titled ``On-campus educational and vocational
counseling.'' New 38 U.S.C. 3697B would: (1) require VA to provide
educational and vocational counseling services for individuals
described in 38 U.S.C. 3697A at locations on IHL campuses as selected
by VA; (2) provide criteria for the selection of IHLs to participate in
these services; and (3) require that no later than 180 days after
enactment, and each year thereafter, VA will submit a report to the
Congress regarding the average ratio of counselors providing these
services to individuals who receive these services at each location, a
description of the services provided, and recommendations for improving
the provision of these services.
VA supports the objectives of providing eligible participants with
quality, readily available counseling services. However, we believe
that section 307 would duplicate the VetSuccess on Campus (VSOC)
program, which VA already administers under the Secretary's authority
in 38 U.S.C. Sec. Sec. 3115 and 3116. VSOC aims to help Veterans,
Servicemembers, and their qualified dependents succeed and thrive
through a coordinated delivery of on-campus benefits assistance and
counseling, leading to completion of their education and preparing them
to enter the labor market in viable careers.
VA, however, remains concerned that the VSOC program is not
separately funded and continues to leverage existing Vocational
Rehabilitation and Employment counselors to fill VSOC positions. In
addition, VA does not believe that reporting on the ratio of
individuals served to counselors would accurately reflect the amount of
services provided because counselors often have multiple contacts with
an individual and handle multiple issues for the individual. We believe
that it would be more accurate to report on the number of contacts in
which services were provided by a counselor.
SECTION 308
Section 308 would add a new section 3699A to title 38 U.S.C. that
would require VA to make available to educational institutions offering
courses of education that have been approved for educational assistance
to which a Veteran or individual is entitled information about the
amount of educational assistance to which a Veteran or individual is
entitled. This information would be provided to the educational
institution through a secure IT system accessible by the educational
institution and would be updated regularly to reflect any amounts used
by the Veteran or other individual. A Veteran or other individual
pursuing a course of education may elect not to provide the information
to an educational institution in a manner prescribed by VA. This
section would be effective August 1, 2018.
VA supports the intent of section 308. However, section 308 would
present implementation challenges for VA. Currently, VA provides the
amount of a Veteran's entitlement (original and remaining) and other
information such as the delimiting date for educational assistance to
the educational institution in which the individual is enrolled through
VA-ONCE. This information is available for individuals training under
chapter 30 of title 38 U.S.C.and chapters 1606 and 1607 of title 10
U.S.C. after VA processes an award for education benefits. This
functionality is not currently available for Veterans or other
individuals training under chapters 32, 33, or 35 of title 38 U.S.C.;
therefore, VA would need to make programming changes to VA-ONCE in
order to make this information available for these individuals as well,
and also ensure that the information is not provided to educational
institutions for those individuals who make an election not to provide
information. We note in this regard that there are very few individuals
who remain eligible for chapter 32 benefits.
No benefit costs are associated with this section. There are no
additional FTE or GOE costs associated with this section.
SECTION 309
Section 309 would amend 38 U.S.C. Sec. 3684(a) to require
educational institutions to treat a course that begins 7 or fewer days
before or after the first day of the academic term as if it began on
the first day of the academic term for purposes of reporting enrollment
under 3684.
VA understands that section 309 would eliminate the separate
reporting requirement for courses that begin seven or fewer days before
the first day of an academic term. We note however that VA policy
guidance currently does not require schools to separately certify
classes that begin within 7 calendar days after the start of the term,
quarter, or semester. Nonetheless, it should be noted that the amended
section 3684(a) would not change the period(s) for which VA educational
assistance can be paid, which are codified in 38 U.S.C. Sec. 3680(a)
and in the various education benefit chapters. As a result, the
information reported under the amended section 3684(a) would be
inconsistent with the periods for which VA can award educational
assistance.
TITLE IV - RESERVE COMPONENT BENEFITS
SECTION 401
Section 401 would amend 38 U.S.C. Sec. 3301(1)(B), to include, in
the case of members of the reserve components of the Armed Forces,
service on active duty under a call or order to active duty under 10
U.S.C. Sec. Sec. 12304a and 12304b as service constituting active duty
for purposes of Post-9/11 GI Bill benefits. Section 401 would apply to
such service in the Armed Forces occurring on or after the after the
enactment of the Post- 9/11 Veterans Educational Assistance Act of
2008, and entitlement to such benefits could be used to pursue a course
of education beginning on or after August 1, 2018.
VA supports section 401 of the bill, subject to the availability of
funds. Under current law, 2 reserve component (RC) members who are
serving side-by-side on active duty may not receive similar benefits
under the Post-9/11 GI Bill. The active duty time of an RC member who
volunteers for active duty under 10 U.S.C. Sec. 12301(d) is counted
towards the aggregate time required to establish Post-9/11 GI Bill
eligibility, while the active duty time of an RC member who was
involuntarily activated under 10 U.S.C. Sec. Sec. 12304a or 12304b for
similar duty does not count toward establishing Post-9/11 GI Bill
eligibility. Section 401 would allow RC members who are involuntarily
activated under 10 U.S.C. Sec. Sec. 12304a and 12304b to receive the
same benefits as those RC members who have volunteered to perform duty
under 10 U.S.C. Sec. 12301(d).
The LTS would need to be programmed in order to calculate
eligibility based on service under 10 U.S.C. Sec. Sec. 12304a and
12304b and to limit awards of educational assistance based on such
service to programs pursued on or after August 1, 2018.
SECTION 402
Section 402 would amend 38 U.S.C. Sec. 3103(f) to extend the
eligibility period for participation in a vocational rehabilitation
program for RC members who are ordered to active duty under 10 U.S.C.
Sec. Sec. 12304a and 12304b by the length of time the RC members serve
on active duty plus 4 months.
VA supports section 402. Currently, 38 U.S.C. Sec. 3103(f)
provides for an extension of the eligibility period for vocational
rehabilitation and employment benefits for reservists who are ordered
to active duty under certain provisions of title 10 U.S.C. Section 402
would provide the same extended eligibility period for reservists who
are prevented from participating in a vocational rehabilitation program
during their period of eligibility because they are ordered to active
duty to provide assistance in response to a major disaster or emergency
or to augment the active forces for preplanned missions in support of
combatant commands.
TITLE V - OTHER MATTERS
SECTION 501
Section 501 would make any modification of the amount of the basic
allowance for housing (BAH) inside the United States applicable to
benefits administered by VA. Section 501 would take effect on January
1, 2018, and apply to individuals who first use their entitlement on or
after that date.
VA supports section 501, subject to Congress finding appropriate
offsets. This legislation would align the maximum MHA rate for full-
time training under the Post-9/11 GI Bill with DoD's BAH rate for an E-
5 with dependents. The MHA and BAH rates have been out of alignment for
a few years, which has led to confusion on the part of Post-9/11 GI
Bill beneficiaries. The LTS would need to be programmed in order to
calculate MHA based on whether the individual first used entitlement on
or after January 1, 2018, or prior to that date.
There are no FTE and GOE costs requirements associated with this
section, but would incur some IT costs.
This concludes our statement, Mr. Chairman. We would be happy now
to entertain any questions you or the other members of the Subcommittee
may have.
Prepared Statement of Patrick D. Murray
Chairman Roe, Ranking Member Walz, and distinguished members of the
Committee, on behalf of the men and women of the Veterans of Foreign
Wars of the United States (VFW) and its Auxiliary, thank you for the
opportunity to present the VFW's thoughts on the pending GI Bill
legislation.
Section 101
The VFW supports this section which would allow for National
Guardsmen and Reservists ordered to active duty for medical treatment
to receive the same educational benefits as their active duty
counterparts. There are service members who were injured during their
military service and who are convalescing at military treatment
facilities throughout the country, but are not accruing the same
educational benefits as other service members currently on active duty.
Their time on active duty should be considered no different than any
others and this legislation will make that possible.
This bill will rectify the mistake made by the Department of
Defense (DOD) in putting National Guardsmen and Reservists on 12301(h)
orders which exempt them from benefits in order to save money. DOD
should not have used this cost cutting measure because it is
detrimental to our troops' morale and welfare. The VFW endorses any
legislation like this that will ensure full benefits for our troops
while they are away from their civilian lives on active duty.
Section 102
The VFW agrees with the intent of this section which would increase
the rates of educational benefits provided to National Guardsmen and
Reservists. Educating our veteran population is one of the VFW's
highest priorities, and we are happy this committee values education as
a priority as well.
Section 103
The VFW supports this section increasing the rate of educational
benefits for recipients of the Purple Heart. For the past decade and a
half, our country has been sending National Guardsmen and Reservists
into harm's way at an unprecedented level, and some of them have been
wounded in the line of duty. Nearly 3,000 of these Citizen Soldiers
have bled for this country, but have not accrued enough active duty
time to attain full GI Bill benefits.
The VFW thinks that service men and women who have bled for this
country should be compensated for their injuries by granting them full
education benefits. This is the least we as a country can do for those
who put their bodies on the line for our freedoms.
Section 104
Veterans who lost entitlements while pursuing education through the
Reserve Educational Assistance Program (REAP) should be allowed to have
their benefits restored. Allowing those that lost the benefit the
ability to recoup their eligibility and switch into chapter 33 is a
straightforward, common sense solution to address this problem.
Section 105
The VFW would ask that more research be done on how many student
veterans would be affected by this change and how much money would
increase or decrease. There have been cases where school recruiters
have sought out new students with the promise of making more money in
their housing stipend based on zip code differences. Students should
not choose their schools based on Basic Allowance for Housing rates;
they should choose their schools based on the value of education they
would receive. However, adjusting this rule could have some unintended
consequences to veterans through no fault of their own. Making a change
to the housing stipend with regard to the location of schools without
doing the due diligence as to how many veterans this would affect is a
hasty decision, and we would like to see additional information before
we make a decision to support this portion of the legislation.
Section 106
The VFW supports this section which would change the structure of
charging for the costs of the tests and certifications veterans apply
for, instead of a months' worth of eligibility from their GI Bill. The
GI Bill pays for books, labs and fees for student veterans attending
college. This bill would include test fees in the GI Bill payment
structure, and would provide a savings to the government and also allow
student veterans to retain GI Bill eligibility, instead of having to
use it for a test fee.
Section 107
The VFW strongly supports this section to protect student veterans
who were negatively affected by school closures. Recently ITT Technical
Institute and Westech College suddenly shuttered their doors after
losing accreditation. This left thousands of student veterans out of
school mid-semester, with no plan for what to do the rest of the term.
They had lost weeks or months of GI Bill benefits that were wasted at
failed institutions. Even worse, they lost the monthly housing stipend
many relied upon for their living situation. This legislation allows
these affected student veterans to recoup their lost months of GI Bill
eligibility.
While we support this initiative, we do not feel it goes far
enough. We think student veterans should be able to recoup the months
of eligibility wasted at the closed institutions just like traditional
students can with Pell Grants. Student veterans who attended schools
like ITT have now lost those months of GI Bill eligibility and they
have no credits to show for it. The VFW has heard from student veterans
from the closed schools, and they are now struggling to complete their
degrees without their previous credits. GI Bill eligibility should be
allowed to be recouped like Chapter Four Pell Grants can be by
traditional students. Student veterans deserve the same equity as every
other student affected by school closures.
Additionally, these student veterans now have no monthly income
from their GI Bill benefits. The VFW strongly supports extending the
Basic Allowance for Housing payments for a maximum of four months or
until the end of the term, whichever is earliest. Our team at the VFW
immediately reached out to the student veterans affected by each of the
school closures and offered them a stopgap measure through our Unmet
Needs Program. We provided the student veterans with some financial
stability to make it through the next month or so while they got
settled after this major life upheaval. This was, however, only a band-
aid for the real problem. These student veterans need protection for
the future so issues like this do not affect them as badly as these
past closures have.
Section 108
The VFW supports this section that offers additional financial
assistance for the children of our fallen heroes. The Fry Scholarship
gives 100 percent GI Bill benefits to the children and spouses of
fallen service members who gave their lives serving our country. While
this is a great benefit for the families of the fallen, there are some
cases where financially it is not enough.
This legislation would bridge the gap, so the children or spouses
who are eligible for the Fry Scholarship would not have to pay any out-
of-pocket costs to achieve their educational goals. Allowing recipients
of the Fry Scholarship eligibility to the Yellow Ribbon Program is just
a very small measure that does not even begin to repay the sacrifice
their service member made for our country.
Section 109
The VFW agrees with the intent of this section which would allow
for the transfer of benefits to a surviving child after the loss of
another child. The loss of a child is such an unimaginable tragedy that
allowing the transference of benefits to a surviving child is only a
small measure of relief that we feel is completely reasonable. If a
veteran has already transferred their benefits to one child, it should
be in their right to move the benefit to another child in cases of
death.
Section 110
The VFW strongly supports this provision to grant additional months
of GI Bill eligibility for student veterans pursuing degrees in
Science, Technology, Engineering and Math (STEM). Our nation is making
a push to encourage more students to pursue STEM degrees in order to be
competitive and outpace other nations around the world. Student
veterans should be at the forefront of this initiative. In order to
make this a possibility, there needs to be some additional eligibility
granted for those pursuing these degrees, because STEM programs often
take longer than the traditional four years to complete a bachelor's
degree. The VFW wants to see student veterans succeed at the highest
levels, and extending school eligibility in this case may be necessary
to complete these highly important degrees.
Section 111
The current GI Bill has a 15-year, use-it-or-lose-it time limit on
the benefit. This arbitrary cap negatively impacts those veterans
looking to use their educational benefit later on in life. Veterans
should not be punished for successfully transitioning shortly after
their service, and choosing to go back to school afterwards. This
legislation would eliminate the 15-year limit and allow the GI Bill to
be used whenever a veteran chooses, making this truly a forever GI
Bill.
Section 112
The VFW supports prorating the monthly eligibility for those
service members called up on involuntary orders. National Guardsmen and
Reservists should not lose an entire month of eligibility if they are
not using the entire month due to activation orders. These service
members should have that month prorated so they can still retain some
of the eligibility.
Section 113
The VFW strongly supports the improvement of Department of Veterans
Affairs (VA) information technology (IT) systems. Time and time again,
VA has failed to accurately account for millions of dollars of wrongful
payments due to outdated IT systems. Any efforts to enhance the IT
systems and bring them into the 21st century is strongly supported by
the VFW. We would like to see this fixed as soon as possible in order
to save taxpayer money and alleviate repayment burdens from veterans
attending school.
Section 114
The VFW supports this section as it would provide new job
opportunities in expanding fields for the future. Creating innovative
ways that service members and veterans can achieve training and
proficiency in new technology-related fields is essential for the
future of our country and those who served it. The VFW would like to
see this program move forward, and we highly endorse the input from the
State Approving Agencies (SAA), which are instrumental in ensuring the
value and validity of programs like this. The SAA is tasked with
overseeing programs such as this and we would like their agencies'
approval before moving completely forward with this as a permanent
program.
Section 201
This section is a simple extension of VA's authority to offer work-
study allowances for student veterans. The VFW has long supported VA's
work-study program, and we would proudly support this initiative to
extend the program to 2027. Work-study is a valuable tool for student
veterans to support valuable initiatives in and around their school
community and earn extra income while taking classes.
While the VFW supports this addition, we would like to see the end
date for this program extended indefinitely. There should not be any
time in the foreseeable future where there are not veterans attending
schools after their enlistments, so we do not see any time where work-
study would not be an added value to student veterans.
Section 202
The VFW has no position on this section.
Section 203
The VFW supports increasing the payments made to survivors and
dependents for educational benefits. As the years have gone on, there
has not been a significant increase in the amount of money survivors
and dependents receive as their educational benefit. It is beyond time
to make an increase in payments so as to keep pace with the rising cost
of present day college tuitions.
Section 301
The VFW supports increasing the funding allocated to the State
Approving Agencies. These agencies are the first line in ensuring
schools are properly accredited and providing a high standard of
education for student veterans. There have been thousands of student
veterans left out on their own after their schools closed, sometimes
with little or no notice. The SAA's role is to make sure that
institutions are accredited and providing the services they claim to
provide. For that reason, the VFW endorses additional funding in the
hopes that school closures like ITT do not affect veterans in the
future. While this section proposes an increase of three million
dollars, the VFW would like to see the added funding be seven million
dollars in order to strengthen the SAAs even more.
Section 302
The VFW supports the development and authorization of an
independent study program that would further advance a veteran's
education. We realize that not every class has to be taken in a
traditional brick and mortar institution, and innovative programs like
this would provide a new opportunity for veterans to succeed.
Section 303
The VFW supports authorizing veterans using GI Bill benefits to
enroll in classes before the standard enrollment date. Veterans have a
finite time to use their education benefits, and being locked out of
required classes due to capacity issues is a real problem for student
veterans. An easy way to avoid this is to allow veterans using the GI
Bill to enroll earlier than the general student body, so as to make
sure they do not get denied entrance into their required classes.
Providing study results that show this as a viable option would be an
excellent path forward for veterans, and is something the VFW would
gladly support.
Section 304
The VFW supports the limitation of reporting fees for general
school uses. At the beginning of each term, a School Certifying
Official (SCO) reports the enrollment of a GI Bill user to VA. This
enrollment signifies the usage of educational benefits for the
individual. After this is complete, the school receives a $12 payment
from VA for certifying the enrollment. Currently, there is no
limitation on where that money is disbursed within the school's system.
This legislation would ensure that schools are not using that reporting
fee for their own general use. The VFW supports the plan to limit the
usage of those fees for veteran services only. This would add to the
amount of money available for veteran programs within those
institutions.
Section 305
The VFW supports mandatory training for SCOs. In 2014 alone, there
were $262 million dollars in erroneous Post-9/11 GI Bill payments to
students and most times the students, not the schools, are the ones
burdened with repaying the money. Making sure the SCO's are properly
trained is one step in avoiding overpayments, and the VFW supports this
action. While this legislation does not specifically address the source
of funding for this training, the VFW thinks the schools themselves
should be responsible for the cost of the training
Section 306
The VFW supports extending the authority of the Advisory Committee
on Education until 2022. This is a valuable asset the VA Secretary can
use to gather information and advice on how student veterans are using
their education benefits, and the committee can advise on any changes
or improvements that may be needed. The VFW supports this committee and
would like to see its authority extended indefinitely. Student veterans
will always be going to school, so we think this committee should
always be present.
Section 307
The VFW supports adding vocational and educational counselors to
campuses to further expand the resources available to student veterans.
Student veterans sometimes face an uphill fight to transition from
service to school. Having an additional knowledge base the veterans can
lean on is an incredible tool that will only help those veterans
succeed in their goals.
Section 308
The VFW supports giving SCOs access to student veteran' records in
order to appropriately counsel the students on their entitlements. As
student veterans progress through their educational journey, there are
often times they seek help or have questions. Student or academic
advisors do not have the ability look up the student veterans' VA
eligibility, so allowing the SCO's to do so is a great help. The SCO's
should already have familiarity with student veterans and their needs,
so installing the ability to view their records should be a seamless
addition.
While the VFW supports improving the access to veterans' academic
eligibility, we do not see why there should be a cost associated with
this. Allowing SCO's to log into VA's system to check on eligibility
should not cost millions of dollars. We agree with the process, but not
the cost.
Section 309
The VFW supports allowing leniency in school start dates in terms
of processing and payments. Schools across the country are allowed to
begin their school years at varying times. A school that is allowed to
start the term a day or so later than other schools should not reflect
upon the student veteran attending that school. Allowing VA to treat
start dates the same across different schools will help the students
and VA itself in simplifying this process.
Section 401
The VFW strongly supports this legislation that would correct the
oversight of the Department of Defense by cutting service members'
benefits while on active duty orders. National Guardsmen and Reservists
were placed on involuntary activation orders that did not allow them to
accrue benefits through time and service like their active duty
counterparts. While stationed abroad and away from their homes and
families, these troops were denied the ability to gain educational
credit for use after demobilization.
12304(b) orders need to be amended to keep the activation
authority, but reinstitute the benefits that were removed. Thousands of
National Guardsmen and Reservists have been involuntarily activated
under these orders and have not received benefits equal to their active
duty counterparts. More and more, DOD is using our nation's reserve
component to fight our decade and a half war against terror, and for
these men and women to come home without equal benefits is something
that must change.
Section 501
The VFW supports the repeal of Subsection (b) of section 604 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015. This change does not cut benefits and covers
the cost of these great additions to the GI Bill.
Mr. Chairman, this concludes my testimony. I am prepared to take
any questions you or the members of the committee may have.
Prepared Statement of William Hubbard
Chairman Roe, Ranking Member Walz and Members of the Committee:
Thank you for inviting Student Veterans of America (SVA) to submit
our testimony on the modernization of the GI Bill and other pending
legislation. With over 1,400 chapters representing the nearly 1.1
million student veterans in schools across the country, we are pleased
to share the perspective of those directly impacted by the subjects
before this committee.
Established in 2008, SVA has grown to become a force and voice for
the interests of veterans in higher education. With a myriad of
programs supporting their success, rigorous research on ways to improve
the landscape, and advocacy throughout the nation, we place the student
veteran at the top of our organizational pyramid. As the future leaders
of this country, fostering the success of veterans in school is
paramount in their preparation for productive and impactful lives.
We will discuss our unwavering interest in achieving a GI Billr for
all future veterans, along with other policy proposals to expand
education access for Purple Heart recipients, Guard and Reserve
members, school closure students, and survivors. Since the passage of
the Post-9/11 GI Bill in 2008, SVA has been working with a coalition of
higher education and veteran organizations to improve the GI Bill for
generations to come, including discussions that began in 2016 with the
veteran community about making the GI Bill permanent. We also strongly
support the removal of the arbitrary 15-year time limit on using this
earned benefit, a provision that will truly make this program
``Forever''.
Our National Veteran Education Success Tracker (NVEST) research
demonstrates that the GI Bill has a high return on investment for
veterans and the country-a program worth ensuring for all generations
to come. \1\ As the most recently transitioned generation of veterans,
student veterans are ambassadors to the all-volunteer force, and
recognize the value of this investment.
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\1\ Cate, C. A., Lyon, J. S., Schmeling, J., & Bogue, B. Y. (2017).
National Veteran Education Success Tracker: A report on the academic
success of student-veterans using the Post-9/11 GI Bill. Washington,
D.C.
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SVA and the over 1.1 million student veterans in school today look
forward to working with congress and the wider community to make this
proposed expansion a reality.
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.
This section proposes amending title 38, United States Code, to
consider certain time spent by members of reserve components of the
Armed Forces while receiving medical care from the Secretary of Defense
as active duty for purposes of eligibility for Post-9/11 Educational
Assistance. The missing code of 12301(h) was a known problem as early
as October 2014, documented in an October 1, 2014 Reserve Forces Policy
Board memorandum. SVA maintains a hard stance on addressing this issue
immediately, and looks forward to seeing a solution passed this year.
Sec. 102. Consolidation of certain eligibility tiers under Post-9/
11 Educational Assistance Program of the Department of Veterans
Affairs.
This section proposes to amend title 38, United States Code, to
consolidate certain eligibility tiers under the Post-9/11 Educational
Assistance Program. For reservists, the opportunity to serve on active
duty and earn GI Bill benefits may be limited for some, while the wider
reserve components continue to be an integral component of the overall
global Department of Defense posture. This proposal recognizes the
importance that National Guard and Reserve Members play in the
protection of our nation in service overseas.
The modified tiers of eligibility would provide 10% increases,
specifically for those who serve on active duty up to 12 months. The
minimum threshold of benefits would be increased up to 50% eligibility
for those who serve between three to six months (see table below for
reference). Our research indicates that student veterans are
quintessentially non-traditional students, which often includes
significant financial obligations and costs associated with raising
families. \2\
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\2\ Cate, C.A., Davis, T, (2016), Spotlight Brief, https://
studentveterans.org/images/SVASpotlightBrief-1.pdf
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The increase in education benefits at the lower tiers makes
achieving educational success a significantly more attainable goal. The
reserves of the U.S. Armed Forces has been greatly tested as our
country has been at war for well over a decade. Many of these
reservists have the opportunity to apply their education in the service
of our nation as they are mobilized for deployments, making this
increase a direct impact to the overall national security of the
country as well.
Percentage of Maximum Benefit
----------------------------------------------------------------------------------------------------------------
Member Service Current Proposed
----------------------------------------------------------------------------------------------------------------
Service-Connected Disability 100% 100%
----------------------------------------------------------------------------------------------------------------
36+ months 100% 100%
----------------------------------------------------------------------------------------------------------------
30 - 36 months 90% 90%
----------------------------------------------------------------------------------------------------------------
24 - 30 months 80% 80%
----------------------------------------------------------------------------------------------------------------
18 - 24 months 70% 70%
----------------------------------------------------------------------------------------------------------------
12- 18 months 60% 60%
----------------------------------------------------------------------------------------------------------------
6 - 12 months 50% 60% (+10%)
----------------------------------------------------------------------------------------------------------------
3 - 6 months 40% 50% (+10%)
----------------------------------------------------------------------------------------------------------------
Sec. 103. Educational assistance under Post-9/11 Educational
Assistance Program for members of the Armed Forces awarded the Purple
Heart.
This section would acknowledge the sacrifice of men and women who
have served our country with dignity, sustaining battlefield injuries.
Currently, only veterans who either served at least 36 months on active
duty or are medically retired receive Post-9/11 GI Bill benefits at the
100 percent rate, excluding nearly 3,000 Purple Heart recipients over
the next ten years who may not meet these administrative requirements.
In practice, this error penalizes men and women who were wounded before
they could reach the full term of their contract to receive GI Bill
eligibility. SVA believes that those who shed blood in our country's
defense should have the opportunity to go to school. For those who have
sacrificed their own self in service, we strongly believe those men and
women have fully met the service requirement for GI Bill eligibility.
Sec. 104. 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.
This section would allow members of the National Guard and Reserves
who lost benefits under the Reserve Educational Assistance Program
(REAP) as a result of the National Defense Authorization Act of 2016 to
access Post-9/11 GI Bill benefits. Individuals who have experienced a
loss of earned benefits due to technical oversights have resulted in
many student veterans losing access to education. This section would
fix this gap for these students, and provide the critical opportunity
to return to school, a much-needed fix.
Sec. 105. Calculation of monthly housing stipend under Post-9/11
Educational Assistance Program based on location of campus where
classes are attended.
This section would adjust the calculation of the monthly housing
stipend under Post-9/11 Educational Assistance Program based on
location of campus where classes are attended. Currently this disparity
exists between where a veteran physically attends classes and resides,
and the monthly stipend provided under the Post-9/11 GI Bill.
For example, a veteran could be enrolled at an online institution
of higher learning (IHL) based in San Francisco, while living in a
rural district of North Dakota; in such a case, the individual would
receive substantially higher Basic Allowance for Housing (BAH) than
necessary, inflating the programs costs unnecessarily. During a visit
to our Student Veterans of America chapters in Hawaii, it was
discovered that options at local campuses were limited; while students
sought to attend programs online through leading universities, the low
rate of BAH based on the location of the university, not the student,
greatly limited the opportunities of these geographically displaced
student veterans. Unfortunately, this scenario is all too common, while
others are earning BAH at much higher rates compared to their locality.
It is our position that students should not be profiting off of GI Bill
payments, as they exist for the purpose of allowing individuals to
attend school.
Additionally, we have seen too many instances of this disparity in
BAH calculation encouraging abusive behavior on the part of several
schools who locate the IHL address in a high-BAH district, while
offering the physical course delivery in a low-BAH location while using
the lucrative BAH stipend as a recruiting incentive. The converse of
this situation is also a major point of contention, and results in harm
to the student veteran while enrolled in an IHL as we have
demonstrated. We support this legislation which would adjust the
calculation to account for the reality of the living situation.
Sec. 106. Charge to entitlement for certain licensure and
certification tests and national tests under Department of Veterans
Affairs Post-9/11 Educational Assistance Program.
This section would allow veterans to apply their GI Bill benefits
to afford the cost of certain licensure and certification tests and
national tests. Under the current system, veterans who seek to apply
their GI Bill benefits to the cost of taking certification or licensing
tests are charged an entire month of their entitlement, regardless of
how comparatively low the cost of such test is.
It is common sense that veterans would be able to pro-rate the cost
of that charge and retain the remaining value of that month's benefit.
This measure will prevent veterans from being dissuaded by the current
overcharging inconsistency, and instead encourage taking critical tests
necessary for career development without paying costs out of pocket.
SVA is fully in support of this common-sense solution, which preserves
valuable earned benefits for future education requirements.
Sec. 107. Restoration of entitlement to educational assistance and
other relief for veterans affected by school closure or disapproval.
This section would allow for the restoration of entitlement to GI
Bill benefits for student veterans affected by closures of educational
institutions. When 28 IHLs under the Corinthian Colleges system closed,
there were hundreds of student veterans that were using Post-9/11 GI
Bill benefits to attend one of those IHLs. Many of these affected
students now find themselves stranded, with their lives on-hold. The VA
Secretary currently does not have the authority to provide meaningful
relief to student veterans who find themselves in such a situation.
The proposal will apply to veterans receiving GI Bill benefits
while pursuing a program of education at an IHL that closed, or who
withdrew from a closed IHL within 120 days of the closure, to fully
restore for tuition payments. Veterans who complete their program of
education at another IHL pursuant to a teach-out plan would not be
eligible for relief. VA would also have the authority to identify other
students veterans who were harmed by their IHL and may be eligible for
such relief.
SVA additionally recommends the inclusion of a provision granting
VA the authority to bring appropriate action against an IHL to recover
the expenses of providing relief. To ensure that student veterans who
have already been harmed can receive relief, the bill would
retroactively apply to anyone who received Post-9/11 GI Bill benefits
beginning January 1, 2015, thereby covering the Corinthian school
closures and those thereafter.
Congress must act to ensure that hard-earned GI Bill benefits are
not squandered because of an IHL's failure to serve its students. SVA
supports this measure with the conditions of expanding the timeframe to
restore entitlement to those affected in the Corinthian closures.
Sec. 108. Inclusion of Fry Scholarship recipients in Yellow Ribbon
G.I. Education Enhancement Program.
This section would amend title 38, United States Code, to include
the Fry Scholarship in the Yellow Ribbon G.I. Education Enhancement
Program. SVA stands with many other organizations in strong support of
this legislation that would allow the dependents of a service member
who died in the line of duty to access Yellow Ribbon Program benefits.
The Marine Gunnery Sergeant John David Fry Scholarship goes to
families that have made the ultimate sacrifice for their country; we
believe they have more than earned the right to attend an IHL of their
choice without comparatively minor tuition costs hampering their
success. This is a common-sense proposal; frankly it is ridiculous that
that this error has existed for nearly a decade and not yet been
amended. We look forward to this being expeditiously put into effect.
SVA stands in vigorous support for this legislation.
Sec. 109. Additional authorized transfer of unused Post-9/11
Educational Assistance benefits to dependents upon death of originally
designated dependent.
This bill would authorize the transfer of unused benefits to
dependents upon death of originally designated dependent. At present,
in the tragic scenario when a veteran's dependent with transferred GI
Bill benefits passes away without using the full extent of those
benefits, the unused benefits become unusable. We believe this is an
unintended consequence of the way the law is written, and vigorously
support this correction, which honors the sacrifice of our military
families.
SVA supports this technical correction for transferred GI Bill
benefits. Currently, if a service member transfers their GI Bill while
alive and subsequently passes, the allocation of benefits and amount
allotted to surviving family members is locked in place indefinitely.
If the service member or veteran were still living, they could simply
adjust the number of months allotted to each family member at will. SVA
recommends allowing those entitled to the transferred benefits to
determine the decision and amount of reallocation of benefits as an
additional component of this proposal.
Sec. 110. Edith Nourse Rogers STEM Scholarship.
This scholarship would be named after Edith Rogers, a long-time
Massachusetts Member of Congress and drafter of the Original GI Bill in
1944; Rep. Rogers espouses the spirit of the Got Your 6 empowerment
campaign and their focus on empowering women veterans, \3\ #shesbadass.
\4\ A true champion of veterans, she was one of the first women to
serve in the U.S. House of Representatives, and completed her service
after nearly 35 years in the House. This scholarship likewise presents
veterans with an opportunity to achieve STEM degrees, and in the honor
of a woman who equally sought to benefit the country in ways bigger
than herself.
---------------------------------------------------------------------------
\3\ Hachey, Thomas E. (Winter 1973-1974). ``American Profiles on
Capitol Hill: A Confidential Study for the British Foreign Office in
1943''. Wisconsin Magazine of History. 57 (2): 141-153.
\4\ Got Your 6, https://gotyour6.org/impact/shesbadass/
---------------------------------------------------------------------------
This section would amend title 38, United States Code, to authorize
the Secretary of Veterans Affairs to provide additional educational
assistance benefits under the Post-9/11 Educational Assistance Program
of VA to certain eligible individuals, specifically those seeking STEM
(science, technology, engineering, and math) degrees. With the current
resources provided by the GI Bill, the marginal cost of an additional
academic year for student veterans pursuing STEM will yield the
essential mass of leaders our country needs. Investing in an additional
year for STEM-focused student veterans will ultimately result in
economic gains and tighter national security, and supporting this
section is the first step.
Presently, 16-20% of all undergraduate students are in pursuit of a
STEM degree. While less than one fifth of current students seeking STEM
degrees, even fewer achieve them since more than one third of the
general population change their major before they graduate. Compare
those numbers to what we learned from the research we published this
year, the National Veteran Education Success Tracker (NVEST), we found
that 14% sought STEM degrees.
The aptitude and interest is clear-the resources to deliver more
STEM graduates in the single major barrier to even greater numbers of
STEM graduates \5\. According to a report from Georgetown University's
Center of Education and the Workforce, ``The Economic Value of College
Majors'', top-paying college majors earn a total $3.4 million more than
the lowest-paying majors over a lifetime; the top ten highest paying
majors are all in STEM fields, eight of which are in engineering \6\.
---------------------------------------------------------------------------
\5\ Cate, CA, 2017, National Veteran Education Success Tracker,
http://nvest.studentveterans.org/
\6\ Carnevale, Anthony, ``The Economic Value of College Majors'',
Georgetown University Center for Education and the Workforce, 2015,
https://cew.georgetown.edu/cew-reports/valueofcollegemajors/ 2----
---------------------------------------------------------------------------
In today's economic environment, the highest paying majors will
earn graduates an average mid-career salary of $136,000. The lowest
earning potential includes majors such as studio arts or human
services. Such majors earn a mid-career salary of nearly $100,000 less
per year. The tax revenue from STEM professionals alone suggests this
is a beneficial proposal. The need for STEM-focused professionals with
a commitment to service, and the leadership skills to make a difference
has never been greater.
Our country faces a key decision point. We are currently affording
veterans the opportunity to go to IHLs, but we must determine what
shapes this new and dynamic workforce. After these veterans graduate,
wouldn't we prefer that our country gains scientists, engineers,
cybersecurity professionals, physicists, and other high-demand
professionals? The marginal cost of an additional academic year is
well-worth the added short-term cost, noting the long-term benefit to
the economy.
Veterans should not be forced to decide between continued service
through a STEM career, and the financial burden that mitigates the
value of their earned GI Bill benefits. It has long been our goal to
see every veteran maximize the potential of their GI Bill, and this is
the answer. It would otherwise take years to find other graduates with
level of experience and knowledge that veterans already possess-time we
simply do not have.
The ability and expertise of these veterans, when coupled with a
STEM education, will be an unparalleled force. Our service members are
routinely exposed to highly technical equipment, processes, and
environments, often with lives depending on their ability to succeed in
high-pressure situations. We know they can, and do, succeed when given
the opportunity.
When determining our support for this proposal, we consider the
long-term economic impact of increased tax revenue from higher-paid
STEM professionals; we consider the national security need for leaders
in these fields; and we consider how the previous GI Bill prepared our
country for the most modern workforce of its time. We know veterans
have a demonstrated commitment to service, and the leadership skills
necessary to make the country's STEM fields an unmatched force.
SVA recognizes Rep. David McKinley (WV-1) and Rep. Dina Titus (NV-
1) for initially proposing this concept in 2015. Their foresight
recognized the need and value of such a scholarship, and we look
forward to the Rogers STEM Scholarship becoming a reality.
Sec. 111. Honoring the national service of members of the Armed
Forces by elimination of time limitation for use of entitlement.
We believe that veteran education benefits are not a cost of war,
but instead a right of service. We believe that education opportunities
should be a lifetime benefit, and thus require the removal of the
current 15-year delimiting date within Chapter 33 benefits. Such an
arbitrary cap on the opportunity to use this earned benefit serves only
as a hindrance to the success of veterans.
In addition to the removal of the 15-year limit, it is imperative
that the GI Bill no longer be considered through the strict lens of
wartime eras. Indeed, tying education benefits to wartime eras led to
each previous iteration of the benefit being cut. As a component of
service, there should be one bill that serves all current and future
veterans, and therefore should be updated in name to reflect this
timeless concept, as ``The Veterans Education Assistance Act'' or
referred to simply as the GI Bill. This simplified naming convention
may seem minor, but it's importance is far-reaching as the re-naming of
the benefit indicates its importance to all generations of veterans.
Sec. 112. Monthly stipend for certain members of the reserve
components of the Armed Forces receiving Post -9/11 Educational
Assistance.
This section would pro-rate the housing allowance to reflect
periods when the service member is not on active duty and allow them to
fully partake in their earned housing allowance under their GI Bill
benefits. While many National Guard and Reserve members continue to
serve while attending an IHL, many lose eligibility for GI Bill housing
allowances when ordered to duty under title 10, United States Code.
Caught between active duty, though receiving an insufficient housing
allowance from the active duty service, and coupled with the inability
to receive GI Bill housing payments, the veteran is punished for their
continued service. This technical change would address this oversight.
Sec. 113. Improvement of information technology of the Veterans'
Benefits Administration of the Department of Veterans Affairs.
This section would direct the VA Secretary to make improvements to
the information technology system of the Veterans Benefits
Administration (VBA) of VA. The directs that to the maximum extent
possible, VBA should access information technology (IT) funding to
address critical IT infrastructure updates. Presently VA's Office of IT
(OIT) functions as a collective funding source for the total VA; simply
put, individual departments have no dedicated resources for IT needs.
The result of VA's current IT resourcing model structure is that
OIT must constantly determine the highest priority needs of the VA as a
whole, leaving some departments with a low level of resources for
sustained periods of time. The dedication of these resources will allow
the Veterans Benefits Administration (VBA) with the opportunity to
receive necessary support in IT upgrade which directly the ability of
VA to effectively process payments of benefits to student veterans.
Sec. 114. Department of Veterans Affairs high technology pilot
program.
This section proposes to direct the Secretary of Veterans Affairs
to carry out a high technology education pilot program. The proposal
would operate as a five-year pilot program, funded for up to $15
million annually. SVA views this as complimentary to existing education
programs, and addresses the need to develop innovative programs
targeted at non-traditional students. The split payment requirement
incentivizes providers to deliver high quality programs with high-
impact and successful student outcomes.
With an increase in innovation in higher education with companies
like Dog Tag Bakery at Georgetown University, the education industry is
beginning to recognize the need to adapt to more flexible or hybrid
models for new generations of students. It is unclear if the contracts
under this proposal reset annually, or how those funds are to be
dispersed, however SVA is confident that such logistical details would
be minor hurdles when compared to the overall benefit of this concept.
The industry desire for such a program is clear, including support
from the Information Technology Industry Council (ITI), the global
voice of the tech sector. \7\ Over 60 members of ITI include technology
giants such as Google, Twitter, Amazon, Facebook, Adobe, Microsoft,
IBM, Intel and many others. \8\ Like VA's Accelerated Learning Program
(ALP), SVA is eager to learn about the outcomes of this proposal.
---------------------------------------------------------------------------
\7\ ITI letter to the Honorable Kevin McCarthy, ``Re: H.R. 1989,
the Veteran Employment Through Technology Education Courses Act'',
April 25, 2017.
\8\ Information Technology Industry Council, Member Companies,
http://www.itic.org/about/member-companies, Accessed June 10, 2017
---------------------------------------------------------------------------
Sec. 201. Work-study allowance.
This section would amend title 38, United States Code, to extend
the authority to provide work-study allowance for certain activities by
individuals receiving educational assistance by the Secretary of
Veterans Affairs. The VA Work-Study Program is widely accepted as a
highly beneficial system that provides student veterans the opportunity
to earn additional income while attending an IHL, and simultaneously
support the broader mission of VA.
The Post-9/11 GI Bill is the most comprehensive and generous
education benefit ever offered, though it often does not cover the
total costs student veterans' experience. As the quintessential non-
traditional students, student veterans are often more mature by age and
experience, 52% have families, and 18% are single parents. Roughly half
of student veterans work full-time while attending an IHL, and another
25% work part-time. With nearly 780,000 student veterans working while
attending an IHL, it is clear that the demand for this opportunity is
high.
Sec. 202. Duration of educational assistance under Survivors' and
Dependents' Educational Assistance Program.
This section modifies the Survivors' and Dependents' Educational
Assistance (DEA) Program from 45 months of educational benefits to 36
months. The benefits of survivors and dependents would be comparable to
those of the servicemembers. The DEA hasn't been updated to reflect the
rising costs of college in many years, and unfairly offers survivors a
lower rate. The compression of months is more reflective of the typical
time to completion rate. Also, the change will afford an increase in
the current payment rates, while maintain a budget-neutral, or cost
reduction benefit.
Sec. 203. Olin E. Teague increase in amounts of educational
assistance payable under Survivors' and Dependents' Educational
Assistance Program.
This section would increase the amounts of educational assistance
payable under DEA. In conjunction with section 202, this will provide
survivors with an increased benefit, which is desperately needed due to
the outdated payment rates. Unfortunately, many survivors are
ineligible for the Fry Scholarship because the service member died
prior to September 11, 2001, or were separated with a medical discharge
and passed away as a retiree. It is our unwavering position that family
members of the fallen utilizing these benefits earned with the ultimate
sacrifice should be viewed as equal to veterans themselves for the
purposes of education benefits.
Sec. 301. State approving agency funding.
This section proposes an increase in resources provided to State
Approving Agencies (SAA), the primary oversight and approval entities
that determine program eligibility for GI Bill benefits. SVA believes
that SAAs are a critical component to ensuring quality education,
preventing fraud and abuse, and looking out for student veterans who
may be subject to bad practices at various IHLs.
SAAs are effectively the gatekeepers of the GI Bill. Yet, the
amount of resources provided to them has not kept pace with inflation
and rising costs. We continue to urge congress to increase support for
SAAs, and are pleased to see the inclusion of this legislation. The
amount of resources spent on oversight should reflect the importance of
resources spent in educational benefits; as such SVA supports the
recommendations of the National Association of State Approving Agencies
(NASAA) to increase funding from $19 million to $26 million.
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.
This section permits veterans to use Post-9/11 Educational
Assistance for an accredited independent study program (including open
circuit television) at an educational institution that is an area
career and technical education IHL or a postsecondary vocational IHL
providing postsecondary level education.
Sec. 303. Provision of information on priority enrollment for
veterans in certain courses of education.
This section proposes that, pursuant to subsection (b)(5) of Title
38 section 3698, the Secretary of VA will seek to collect information
on whether or not IHLs operate priority enrollment programs. In
discussions with dozens of higher education organizations, it is
abundantly clear that there is a lack of information regarding the
existence or application of priority enrollment programs as it pertains
to student veterans.
The majority of student veterans are non-traditional students, and
many have spouses, children, and careers. It is true that they do not
have the luxury of waiting a year or a few semesters to take a required
course when their livelihood is in the balance. SVA believes collection
of this information over time will provide a strong basis for
understanding the need and potential solutions to applying this
concept, as well as the proper level that such programs should be
applied.
Sec. 304. Limitation on use of reporting fees payable to
educational institutions and sponsors of programs of apprenticeship.
This section proposes increasing reporting fees as high as $16 per
number of eligible veterans to execute or offset services required to
process benefits. It also requires them to use the money for veterans.
SVA believes the reporting fees to be critical components of offsetting
the cost of administering GI Bill education benefits at the institution
level; we also support requiring this reporting fee be accounted for
appropriately as well as being expended on activities related to the
execution of veteran benefit processing.
Some concern has been expressed that IHLs with very few veterans
would be caused undue strain in establishing a separate account for
such a low number of students. As such, SVA supports setting a
threshold to require IHLs with significant populations to adhere to
this requirement, to avoid IHLs with only several student veterans from
experiencing undue accounting strain as result of this provision.
Sec. 305. Training for school certifying officials.
This section codifies the requirements for school certifying
officials (SCO) training. SVA supports this provision, as the training
provided through VA is critical for SCO's to maintain a high level of
professional aptitude. In some cases, IHLs have not allowed SCOs to
attend training, alleging that it was not required. This requirement
removes any doubt about the importance of that training.
Sec. 306. Extension of authority for Advisory Committee on
Education.
This section extends the authority of the VA Advisory Committee on
Education (VACOE), an advisory body of subject matter experts that
provide the Secretary of VA input on veteran issues in higher
education. Previously, SVA provided input at through this forum to
highlight necessary reform changes and statute which legally required
VA to establish an agreement with the Federal Trade Commission (FTC).
Upon recommendation to the Secretary of VA at the 2015 VACOE
meeting, the agreement with FTC was reached. This is an example of the
significant value and detailed level of policy analysis that the VACOE
can provide to the Secretary. Additionally, SVA recommends the
inclusion of a current student veteran to incorporate the perspective
of those directly impacted by these policies, and looks forward to
working with VA on implementing this recommendation.
Sec. 307. Department of Veterans Affairs provision of on-campus
educational and vocational counseling for veterans.
This section would direct the Secretary of Veterans Affairs to
provide educational and vocational counseling for veterans on campuses
of institutions of higher learning, and codify the program. SVA has
been a long-time supporter of the VetSuccess on Campus (VSOC) program,
which entails the campus having a VSOC Counselor, an expert full-time
VA detailee, right on campus. We frequently hear student veterans
identify the VSOC program as a top benefit that they find to be most
valuable for their higher education experience.
In providing feedback to SVA regarding the VSOC program, one
student veteran shared, ``We have a VSOC Counselor from VA come to the
IHL twice a month so Vets can start a new claim or ask questions
concerning a claim. This helps immensely as the VA hospital is a 35-
minute drive from IHL and keeps our Vets on campus. Vets can ask our
counselor any type of question concerning their benefits. They are also
a Vocational Rehabilitation (VocRehab) counselor for a few of the Vets
on campus. We are incredibly lucky to have this program on campus.''
In addition to appreciating the on-site access to a qualified VA
counselor, many alluded to a direct personal impact on their academic
performance. Another student veteran shared, ``The VSOC has been there
to help me through the transition from soldier to student. Counseling,
advising, financial help, even tutoring has been afforded to me through
the VSOC. The VA representative has gone above and beyond to help me
succeed, especially when IHL and life became overwhelming for me.''
These comments are indicative of the general feedback we received
from members over the past several months in our field research on the
program. In addition to the general support provided by VSOC
counselors, student veterans noted the ability of counselors to quickly
correct and process certifications as a major benefit to their campus.
They often appreciated the connection counselors make with IHL
administration as well. We believe the VSOC program is highly
beneficial to student veterans and would like to see it expanded as
resources allow.
Sec. 308. Provision of information regarding veteran entitlement to
educational assistance.
This section proposes allowing IHLs to view the total and remaining
amount of educational benefits of a veteran thereby allowing the IHL to
properly counsel those veterans on their financial obligation and IHL
requirements. This is a simple change with a significant impact,
enabling greater communication between the IHL and the veteran.
SVA is pleased to see the inclusion of an opt-out option for
students who do not wish their IHL to have access to this information.
In some cases, the potential for low-quality schools to use this
information to the advantage of the school instead of the student is of
concern. The opt-out option allows the student to manage this risk by
providing them a mechanism to prevent their school from accessing the
information regarding their GI Bill benefits.
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.
This section would allow IHL SCO and regional processing officers
(RPO) the ability to define a ``calendar week'' for the purpose of
education benefits as ``the seven-day period beginning on the first day
of the institution's published academic calendar''. At present, VA
defines a calendar week as being from Sunday to Sunday, while policy
guidance for SCOs necessitates that those officials process terms
depending on the first date the class meets for that period of the
week. This minor technical discrepancy has led to some confusion in
processing benefits, as well as duplicative efforts. SVA supports this
change to reflect the reality of processing these benefits consistent
with our interpretation of the congressional intent of the benefit.
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.
Sections 401 and 402 recognize the service of National Guard and
Reserve Members and ensures that an order to serve on active duty under
sections 12304a and 12304b of title 10, United States Code, is treated
the same as other orders to serve on active duty for the purposes of
determining benefits eligibility of service members and veterans.
Many of these service members perform the exact same duties as
their active duty counterparts, yet they realize none of the benefits.
Fixing this discrepancy is a top priority for SVA, as well as nearly 40
other military, veteran, and higher education organizations that
identified this issue with unanimous consent as being an imperative
change. \9\
---------------------------------------------------------------------------
\9\ GI Bill Roundtable meeting, The American Legion Headquarters,
May 18, 2017
---------------------------------------------------------------------------
This section will fix an issue affecting thousands of National
Guard and Reserve members have been negatively impacted. Deployments
such as the deployment of an array of Marine Corps Reserve units as
part of the Special Purpose Marine Air-Ground Task Force (SPMAGTF) in
2016 experienced this issue first-hand. In the case of the SPMAGTF,
nearly 300 Marine Corps Reservists were inaccurately advised from
senior leadership that they would receive GI Bill Benefits, among other
entitlements, for their active duty service.
Those Marines and Sailors spent nearly six months serving in
austere conditions, including several weeks as the initial reaction
force in Haiti immediately following Hurricane Matthew \10\. While
these servicemembers served side by side with their active duty
counterparts, the Marine Reservists learned toward the end of the
deployment that due to their activation code (12304b), they would not
be eligible for GI Bill benefits.
---------------------------------------------------------------------------
\10\ Joint Task Force Matthew Arrives in Haiti To Provide Relief
Efforts, Oct 7, 2016, http://www.marines.mil/News/News-Display/Article/
967658/joint-task-force-matthew-arrives-in-haiti-to-provide-relief-
efforts/
---------------------------------------------------------------------------
Many of those young men and women had looked forward to earning an
education, and were abruptly forced to drastically alter their
education timelines. These sections would address the negative effects
of this technical oversight, and empower these servicemembers to
finally pursue their education goals.
Sec. 501. Repeal inapplicability of modification of basic allowance
for housing to benefits under laws administered by Secretary of
Veterans Affairs.
This section proposes aligning the basic allowance for housing
under the Secretary of Veterans Affairs with the cost of adequate
housing as determined by the Secretary of Defense. SVA supports this
provision as it is grounded in common sense, while affording the
opportunity to address the many issues presented within the previous
sections.
We thank the Chairman, Ranking Member, and the Committee members
for your time, attention, and devotion to the cause of veterans in
higher education. We also want to recognize the dedication of the
Chairman's staff, especially Jon Clark, Kelsey Baron, Caroline Ponseti,
and Tiffany Haverly, who have dedicated countless hours to refining
these provisions in close coordination with their colleagues in the
Senate. As always, we welcome your feedback and questions, and we look
forward to continuing to work with this committee, the House Veterans'
Affairs Committee, and the entire congress to ensure the success of all
generations of veterans through education.
Prepared Statement of John Kamin
LEGISLATIVE HEARING ON THE TOPIC OF:
SECTIONS 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
113, 114, 201, 202, 203, 301, 302, 303, 304, 305, 306, 307, 308, 309,
401, 402, 501
OF
THE HARRY W. COLMERY VETERANS EDUCATIONAL ASSISTANCE ACT OF 2017
JULY 17, 2017
----------------------------------------------------------------------------------------------------------------
Section Title Page Position
----------------------------------------------------------------------------------------------------------------
Section 101 Consideration3of certSupporte spent receiving medical care from
Secretary of Defense as active duty for purposes of eligibility for
Post-9/11 Educational Assistance
----------------------------------------------------------------------------------------------------------------
Section 102 Consolidation4of certSupportgibility tiers under Post-9/11
Educational Assistance Program of the Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Section 103 Educational Assistance Under Post-9/11 Educational Assistance Program 6 Support
for Members of the Armed Forces Awarded the Purple Heart
----------------------------------------------------------------------------------------------------------------
Section 104 Educational assistance under Post-9/11 for certain members of reserve 6 Support
components of Armed Forces who lost entitlement to educational
assistance under Reserve Educational Assistance Program
----------------------------------------------------------------------------------------------------------------
Section 105 Calculation o7 monthlSupportng stipend under Post-9/11 Educational
Assistance Program based on location of campus where classes are
attended
----------------------------------------------------------------------------------------------------------------
Section 106 Charge to ent7tlementSupportrtain licensure and certification tests
and national tests under Department of Veterans Affairs Post-9/11
Educational Assistance Program
----------------------------------------------------------------------------------------------------------------
Section 107 Restoration of entitlement to educational assistance and other relief 8 Support
for veterans affected by school closure or disapproval
----------------------------------------------------------------------------------------------------------------
Section 108 Inclusion of Fry Scholarship Recipients in Yellow Ribbon G.I. 8 Support
Education Enhancement Program
----------------------------------------------------------------------------------------------------------------
Section 109 Additional authorized transfer of unused Post-9/11 Educational 9 Support with
Assistance benefits to dependents upon death of originally designated amendments
dependent
----------------------------------------------------------------------------------------------------------------
Section 110 Additional Educational Assistance Program of Department of Veterans 10 Support
Affairs
----------------------------------------------------------------------------------------------------------------
Section 111 Honoring the national service of members of the Armed Forces by 10 Support
elimination of time limitation for use of entitlement.
----------------------------------------------------------------------------------------------------------------
Section 112 Monthly stipend for certain members of the reserve components of the 11 Support
Armed Forces receiving Post-9/11 Educational Assistance.
----------------------------------------------------------------------------------------------------------------
Section 113 Improvement of information technology of the Veterans Benefits 12 Support
Administration of the Department of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Section 114 Department of Veterans Affairs High Technology Program 12 No Position
----------------------------------------------------------------------------------------------------------------
Section 201 Work-Study Allowance 13 Support
----------------------------------------------------------------------------------------------------------------
Section 202 Duration of educational assistance under survivors' and dependents' 13 No Position
educational assistance program
----------------------------------------------------------------------------------------------------------------
Section 203 Increase in amounts of educational assistance payable under 14 No Position
survivors' and dependents' educational assistance program
----------------------------------------------------------------------------------------------------------------
Section 301 State Approving Agency Funding 14 Support with
amendments
----------------------------------------------------------------------------------------------------------------
Section 302 Authorization for use of Post-9/11 Educational Assistance to pursue 15 Support
independent study programs at certain educational institutions that
are not institutions of higher learning
----------------------------------------------------------------------------------------------------------------
Section 303 Provision of information on priority enrollment for veterans in 16 Support
certain courses
----------------------------------------------------------------------------------------------------------------
Section 304 Limitation on use of reporting fees payable to educational 16 Support
institutions and sponsors of programs of apprenticeship
----------------------------------------------------------------------------------------------------------------
Section 305 Training for School Certifying O17icials Support
----------------------------------------------------------------------------------------------------------------
Section 306 Extension of authority for Advisory Committee on18ducatioSupport
----------------------------------------------------------------------------------------------------------------
Section 307 Department of Veterans Affairs provision of on-campus education and 18 Support
vocational counseling for veterans
----------------------------------------------------------------------------------------------------------------
Section 308 Provision of information regarding veteran entitlement to educational 19 Support
assistance
----------------------------------------------------------------------------------------------------------------
Section 309 Treatment, for purposes of educational assistance administered by the 19 Support
Secretary of Veterans Affairs, of educational courses that begin
seven or fewer days after the first day of an academic term
----------------------------------------------------------------------------------------------------------------
Section 401 Eligibility of reserve component members for Post-9/11 Educational 20 Support
Assistance
----------------------------------------------------------------------------------------------------------------
Section 402 Time limitation for training and rehabilitation for veterans with 21 Support with
service-connected disabilities amendments
----------------------------------------------------------------------------------------------------------------
Section 501 Repeal inapplicability of modification of basic allowance for housing 21 Support
to benefits under laws administered by Secretary of Veterans Affairs
----------------------------------------------------------------------------------------------------------------
Chairman Roe, Ranking Member Walz, and distinguished members of the
committee; On behalf of Charles E. Schmidt, the National Commander of
the largest Veteran Service Organization in the United States of
America, representing more than 2 million members of The American
Legion, the nation's largest veterans organization, we express our
support for draft legislation entitled the Harry W. Colmery Veterans
Educational Assistance Act of 2017.
This bill, as currently written, would launch a new era for all who
have honorably served in uniform, and for the nation as a whole. It
would close current gaps in the existing Post 9/11 GI Bill and
guarantee that veterans have access to their hard-earned GI Bill
benefits beyond the current 15-year time limit. In essence, it would
help today's GI Bill live up to the world-changing accomplishments of
the original penned by Harry W. Colmery, which transformed America
after World War II. In that vein, The American Legion urges this new
implementation of the GI Bill is amended to be titled the ``Colmery GI
Bill.''
Through Resolution No. 349, Support Legislation to Improve the
Post-9/11 GI Bill, The American Legion stands firmly behind the Harry
W. Colmery Veterans Educational Assistance Act of 2017. As The American
Legion did when the original GI Bill was passed in 1944, and subsequent
versions were introduced, we will fight for this improved version until
it is sent to the President's desk for his signature. The American
Legion will continue to work closely with the Committee to ensure that
veterans and their families rally across this country for these
improvements.
Section 101. Consideration of certain time spent receiving medical
care from Secretary of Defense as active duty for purposes of
eligibility for Post-9/11 Educational Assistance
Members of the National Guard or Reserve who are wounded in combat
are often given orders under 10 USC 12301(h) for their recovery,
treatment, and rehabilitation. Unfortunately, Federal law does not
recognize such orders as eligible for Post-9/11 GI Bill education
assistance, meaning that unlike other members of the military, these
members of the National Guard and Reserve lose benefits for being
injured in the line of duty. An example is Captain Bryan Lowman of the
North Carolina National Guard.
In 2010, Captain Lowman was deployed to Afghanistan in a detachment
with the North Carolina National Guard. During the deployment, he
became severely ill with typhoid fever, lapsed into a coma and
underwent multiple emergency surgeries over the course of a year in
Afghanistan, Germany and at Walter Reed Medical Center in Bethesda, MD.
After his long recovery, Captain Lowman aimed to pursue a college
degree. Based upon his active-duty time on his DD214, Captain Lowman
was to be entitled to 90 percent of his Post-9/11 GI Bill benefits.
However, since his activation status was changed to 12301(h) medical
orders, his eligibility was reduced to only the time he served before
his illness. Section 101 would end that unequal treatment and ensure
these servicemembers are eligible for the same GI Bill benefits as
Active Duty members of the military.
The American Legion considers it truly unjust to deny wounded and
injured servicemembers the ability to accrue educational benefits for
the time they spend receiving medical care. No veteran should lose
their benefits simply because they were injured while serving this
nation.
Resolution No. 20: GI Bill Fairness for Wounded Servicemembers and
Activated National Guard and Reservists supports any legislative
proposal that provides amendments to U.S. Code Titles 5, 10, 37 and 38
commensurate with U.S. Code Title 10 authorized service, such as 12304b
and 12301(h), that grant Post-9/11 GI Bill benefits. \1\
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\1\ The American Legion Resolution No. 20 (2017): GI Bill Fairness
for Wounded Servicemembers and Activated National Guard and Reservists
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The American Legion supports Section 101.
Section 102. Consolidation of certain eligibility tiers under Post-
9/11 Educational Assistance Program of the Department of Veterans
Affairs
Reservists and National Guard troops often incur large sums of
educational debt due to partial eligibility of GI Bill benefits. The
American Legion feels that any effort to expand benefits to National
Guard and Reservists for educational advancement will lead to more
productive, work ready, and educated veterans. In 2009, the U.S. Bureau
of Labor Statistics showed that there was a direct correlation between
education and unemployment. 9% of Americans with only a high school
diploma were unemployed, whereas only 4.3% of Americans with a
Bachelor's degree or higher were unemployed. \2\
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\2\ U.S. Bureau of Labor Statistics: https://www.bls.gov/spotlight/
2010/college/
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Additionally, many veterans are non-traditional students with
families. 52% of student veterans are married, and 23% are single
parents. \3\ Given these added responsibilities, incurring educational
debt can be burdensome for a family. This draft bill aims at
alleviating some of the education liability of attending college by
adjusting the eligibility tiers currently in place under the Post-9/11
Educational Assistance program for Reserves and National Guard.
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\3\ https://studentveterans.org/images/SVASpotlightBrief-1.pdf
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From 1995 to 2015, the average cost of tuition and fees at a
private national university increased 179%. The average in-state cost
for tuition and fees at a public university grew by 296%. \4\ The
American Legion feels that it is time to adjust the percentage of
maximum benefit payable to individuals serving our nation to better
cover the costs associated with attending higher education. We support
the following pay structure alignment:
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\4\ U.S. News & World Report: https://www.usnews.com/education/
best-colleges/paying-for-college/articles/2015/07/29/chart-see-20-
years-of-tuition-growth-at-national-universities
Old Tier Structre:
------------------------------------------------------------------------
Percentage of Maximum
Member Serves Benefit Payable
------------------------------------------------------------------------
At least 36 months 100%
------------------------------------------------------------------------
At least 30 continuous days on active duty and 100%
must be discharged due to service-connected
disability
------------------------------------------------------------------------
At least 30 months, but less than 36 months 90%
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At least 24 months, but less than 30 months 80%
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At least 18 months, but less than 24 months 70%
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At least 12 months, but less than 18 months 60%
------------------------------------------------------------------------
At least 06 months, but less than 12 months 50%
------------------------------------------------------------------------
At least 90 days, but less than 06 months 40%
------------------------------------------------------------------------
New Tier Structre:
------------------------------------------------------------------------
Percentage of Maximum
Member Serves Benefit Payable
------------------------------------------------------------------------
At least 36 months 100%
------------------------------------------------------------------------
At least 30 continuous days on active duty and 100%
must be discharged due to service-connected
disability
------------------------------------------------------------------------
At least 30 months, but less than 36 months 90%
------------------------------------------------------------------------
At least 24 months, but less than 30 months 80%
------------------------------------------------------------------------
At least 18 months, but less than 24 months 70%
------------------------------------------------------------------------
At least 06 months, but less than 18 months 60%
------------------------------------------------------------------------
At least 90 days, but less than 06 months 50%
------------------------------------------------------------------------
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\5\
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\5\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 102.
Section 103. Educational Assistance Under Post-9/11 Educational
Assistance Program for Members of the Armed Forces Awarded the Purple
Heart
Section 103 would grant full Post-9/11 GI Bill eligibility to all
Purple Heart veterans who qualify for a portion of the benefit.
Currently, only veterans who either serve at least 36 months on active-
duty or are medically retired receive Post-9/11 GI Bill benefits at the
100 percent rate. Unfortunately, this leaves out many Purple Heart
recipients, particularly from the Reserve Components, injured in combat
but activated for less than three years in total. These servicemembers
should not be penalized for being wounded before they could reach the
full term of their contract to receive GI Bill eligibility. Resolution
No. 318: Ensuring the Quality of Servicemember and Veteran Student's
Education at Institutions of Higher Education supports any legislative
proposal that improves the Post-9/11 GI Bill.s \6\
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\6\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 103.
Section 104. Educational assistance under Post-9/11 for certain
members of reserve components of Armed Forces who lost entitlement to
educational assistance under Reserve Educational Assistance Program
Section 104 would allow servicemembers who elected but did not
utilize Chapter 1607, the Reterans Education Assistance Program (REAP)
eligibility for the Post-9/11 GI Bill. REAP was officially sunsetted on
November 25, 2015. While some individuals will remain eligible for REAP
benefits until November 25, 2019, most are no longer eligible for REAP,
despite their accrued months of eligibility. These servicemembers
earned their educational benefits, and should not be penalized because
of an arbitrary sunsetting of Chapter 1607. This section is a common
sense solution that would allow transferability of remaining months of
Chapter 1607 eligibility over to Chapter 33.
The American Legion believes that Post-9/11 military service
deserves Post-9/11 education benefits.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves education benefits so
servicemembers, veterans, and their families can maximize its usage.
\7\
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\7\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 104.
Section 105. Calculation of monthly housing stipend under Post-9/11
Educational Assistance Program based on location of campus where
classes are attended
This provision of the draft bill corrects a discrepancy in the
determination of Post-9/11 GI Bill housing payments by calculating the
payment based on where students attend their classes, rather than where
the institution of higher learning is certified.
Currently, the VA determines the Basic Allowance for Housing (BAH)
amount based on the zip code where the school is certified, not
necessarily the location of the school. This policy can result in
monthly BAH payments that fall below or far exceed the cost of living
in certain zip codes. As a consequence, some schools receive an unfair
recruiting advantage by paying student veterans more than what was
intended for BAH in that area.
The American Legion believes that veterans should not make their
educational choices based on housing benefit inconsistencies. Section
105 ensures veterans receive an adequate and fair housing allowance
while eliminating fraud and abuse of the program.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\8\
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\8\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 105.
Section 106. Charge to entitlement for certain licensure and
certification tests and national tests under Department of Veterans
Affairs Post-9/11 Educational Assistance Program
After completing their military service, veterans are eligible for
a limited number of months of GI Bill benefits, which reimburses them
for educational expenses incurred. Current law requires veterans to use
a full month of their GI Bill eligibility to be reimbursed for
licensing, certification, and national tests. Such tests open new doors
to employment and allow veterans to advance and enhance their education
and career. Given the relatively low cost of many tests, it is often
simply not worth losing reimbursement for an entire month of tuition
payments for other less expensive educational expenses.
Section 106 allows veterans to be reimbursed for approved
licensing, certification, and national tests, while still allowing the
veteran to use their remaining GI Bill benefits for additional
educational expenses in the same month.
Resolution No. 338: Support Licensure and Certification of
Servicemembers, Veterans and Spouses supports any legislative proposal
that empowers the Department of Veterans Affairs to take appropriate
steps to ensures that servicemembers and veterans be trained, tested,
evaluated, and have the opportunity to obtain any credential (i.e.,
licensure, certification, certificate, degree, etc.) that may be
required in the local civilian workforce. \9\
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\9\ The American Legion Resolution No. 338 (2016): Support
Licensure and Certification of Servicemembers, Veterans and Spouses
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The American Legion supports Section 106.
Section 107. Restoration of entitlement to educational assistance
and other relief for veterans affected by school closure or disapproval
When a school closes, non-veteran students have federal protections
to support them. Affected students with federal student loans have the
ability to discharge their student loans. Students who received Pell
Grants can have their eligibility periods reset for the time spent at a
closed institution. The American Legion believes strongly that veterans
are entitled to the same protection as their civilian counterparts.
Over 6,000 student veterans were attending ITT Tech when they abruptly
shut down their campuses, \10\ and more school closures will inevitably
occur.
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\10\ http://www.indystar.com/story/money/2016/09/06/why-veterans-
have-most-lose-if-itt-tech-closes/89710280/ ``Why ITT closing hits
veterans hardest''
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The American Legion applauds the Committee's effort in addressing
this issue. With multiple solutions to school closures presented to the
Committee from both sides of the aisles, provisions were specifically
selected to maximize support for displaced student veterans. Section
107 is not only backdated to support veterans affected by the
Corinthian closures but also provides emergency housing stipends to
support veterans in the event of permanent school closures.
Resolution No. 21: Education Benefit Forgiveness and Relief for
Displaced Student-Veterans supports legislation that restores lost
benefits to student-veterans attending schools that abruptly shut down.
\11\
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\11\ The American Legion Resolution No 21: Education Benefit
Forgiveness and Relief for Displaced Student-Veterans
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The American Legion supports Section 107.
Section 108. Inclusion of Fry Scholarship Recipients in Yellow
Ribbon G.I. Education Enhancement Program
Section 108 would amend title 38, United States Code, to expand the
Yellow Ribbon G.I. Education Enhancement Program to apply to
individuals pursuing programs of education while on active duty, to
recipients of the Marine Gunnery Sergeant John David Fry scholarship,
and to programs of education pursued on half-time basis or less, and
for other purposes.
This would address a current statutory regulation that excludes
eligible dependents of a servicemember killed in action from enhanced
tuition reimbursement available through the Yellow Ribbon Program. This
simple legislative fix will provide Fry Scholarship recipients with the
same benefits as other Chapter 33 eligible beneficiaries and allow
scholarship awardees access to education at Yellow Ribbon Schools.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\12\
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\12\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 108.
Section 109. Additional authorized transfer of unused Post-9/11
Educational Assistance benefits to dependents upon death of originally
designated dependent
Section 109 would permit reassignment of veterans' education
benefits in cases where the designated beneficiary passes away.
Unfortunately, it took a tragic event to realize the necessity for this
change.
In 2012, 16-year old Shauna Hill died in a two-car crash. Her
father, retired Navy Capt. Edward Hill had granted Shauna his education
benefits to his daughter to go to college. After her death, Mr. Hill
had hoped to transfer this education benefit to his younger daughter,
however, was informed that federal law prohibits transferring GI Bill
benefits from one child to another post-retirement. Section 109 is a
common sense bill aimed at making the lives easier for veterans who
have chosen to gift their hard-earned education benefit.
However, The American Legion requests another technical correction
for transferred GI Bill Benefits concerning survivors. If a service
member transfers their GI Bill while alive and subsequently passes, the
family is prohibited from adjusting the number of months of benefits
allotted to each family member. As Congress reviews improvements to
legislation affecting the families who have sacrificed the most, it
must not forget about this technical oversight.
Resolution No. 308: Amending the Eligibility for the Transfer for
the Post-9/11 GI Bill supports legislation that would authorize all
servicemembers with ten years or more of active-duty service, who are
eligible for the Post-9/11 GI Bill educational benefits, be able to use
the transferability entitlement to give to their immediate family
members. \13\
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\13\ The American Legion Resolution No. 308 (2016): Amending the
Eligibility for the Transfer for the Post-9/11 GI Bill Educational
Benefits
The American Legion supports Section 109 but requests that
additional amendments be made to allow survivors of those who had
transferred the GI Bill and passed to adjust the months amongst those
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designated.
Section 110. Additional Educational Assistance Program of
Department of Veterans Affairs
The American Legion wants all veterans to succeed and would like to
see more veterans enter Science, Technology, Engineering and Math
(STEM) fields. This section would incentivize veterans to enter fields
where there are critical shortages and high yearly job growth. In order
to successfully compete on the global stage, America must determine
innovative solutions to incentivize and promote involvement in STEM
fields. Section 110 would introduce our country's best to meet the
needs of this highly skilled workforce by extending the GI Bill for up
to nine additional months of eligibility.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\14\
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\14\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 110.
Section 111. Honoring the national service of members of the Armed
Forces by elimination of time limitation for use of entitlement.
Section 111 would give servicemembers and veterans who are eligible
for the GI Bill an unlimited time to use to earned education benefits
by repealing the 15-year limit. This has the potential to greatly
increase GI Bill usage rates, and give servicemembers greater
flexibility while pursuing educational opportunities.
Recent research by Student Veterans of America (SVA) has produced a
compelling case that the Post-9/11 GI Bill is fulfilling the legacy of
the original GI Bill as being a sound investment for the country. SVA's
recently released National Veterans Education Success Tracker (NVEST)
has calculated a success rate for student veterans of 72%, performing
better than their non-traditional student peers, and producing
demonstrable results. From 2009 to 2013, the Post-9/11 GI Bill helped
earn over 377,000 degrees and credentials, with projections exceeding
1.4 million over ten years. \15\
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\15\ ``National Veteran Education Success Tracker'', Student
Veterans of America
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While it is still too early to determine the usage rate of the GI
Bill implemented in 2009 given it's 15-year limitation, historical
trends suggest it will not be utilized by all eligible veterans. In
2003, the Montgomery GI Bill Biennial Report to Congress cited only 59%
of eligible servicemembers had used some or all of their benefits, a
striking number considering eligible servicemembers had paid $1,200 to
receive the benefit. \16\
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\16\ ``Hearing Before the Committee on Veterans Affairs, United
States Senate'' May 9, 2007 Statement of Hon. Maria Cantwell, Senator
from Washington
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It is clear that a reasonable explanation for the lack of usage is
satisfaction with present educational and economic status, especially
for military retirees. However, there is no guarantee that this will
always be the case. For example, if a Marine Staff Sergeant who
possesses a Bachelor's degree transitions to civilian life as a
government contractor, the necessity to utilize the GI Bill may not
exist initially after departing military service. However, fifteen
years later, external circumstances and career changes may occur that
make the GI Bill necessary to her future more than it was the day she
transitioned from Active Duty. And as SVA's research has shown: the
country would benefit by providing her these benefits.
Resolution No. 312: Eliminate Delimiting Dates for the Montgomery
GI Bill and Post-9/11 GI Bill supports lifting time constraints with
regards to the Montgomery GI Bill and Post-9/11 GI Bill. \17\
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\17\ The American Legion Resolution No. 312 (2016): Eliminate
Delimiting Dates for the Montgomery GI Bill and Post-9/11 GI Bill
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The American Legion supports Section 111.
Section 112. Monthly stipend for certain members of the reserve
components of the Armed Forces receiving Post-9/11 Educational
Assistance.
Section 112 prorates the monthly housing allowance for the portion
of the month the servicemember is not on active duty by amending Title
38, U.S.C. to clarify the eligibility for monthly stipends paid under
the Post-9/11 Educational Assistance Program for certain members of the
reserve components of the Armed Forces.
Many reservists are required to routinely perform their jobs in a
Title 10 status due to their specific job requirements and functions.
These commonly include aircrew, intelligence personnel, and Unmanned
Aerial Vehicle and Remote Piloted Aircraft operators. While not in a
drill status, or if in a drill status under Title 38, an individual is
entitled to their monthly housing allowance (MHA) and book allowance.
When the drill status is under Title 10, the individual is entitled to
the MHA and book allowance, but only for the first portion of the month
up to when they entered active duty under Title 10. Therefore, if an
individual goes on active duty on the first day of the month for three
days, the individual does not receive any MHA or book allowance for the
rest of that month. Just one day of Title 10 service can result in
forfeiture of MHA and book allowance for all or most of the month. In
order to maintain combat readiness, many reservists have to commit to a
minimum of four training days per month in a Title 10 status. Many
reservists are also full-time students and rely on their MHA to pay
rent, but as a result of the current rules, they are denied their full
MHA and book allowance, causing many members to incur thousands of
dollars of debt. This is compounded by the fact that members of the
reserve are used more frequently due to the increased tempo of
operations around the world.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the GI Bill, Department
of Defense Tuition Assistance (TA), Higher Education Title IV funding
(i.e., Pell Grants, student loans, etc.) and education benefits so
servicemembers, veterans, and their families can maximize its usage.
\18\
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\18\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 112.
Section 113. Improvement of information technology of the Veterans
Benefits Administration of the Department of Veterans Affairs
This section would compel the Secretary of Veterans Affairs to make
changes and improvements to the information technology system of the
Veterans Benefits Administration to ensure that all original and
supplemental claims for education assistance are handled
electronically. This draft bill authorizes $30 million to the Secretary
of Veterans Affairs to carry this out during fiscal years 2017 and
2018.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\19\
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\19\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 113.
Section 114. Department of Veterans Affairs High Technology Program
Section 114 would direct the Secretary of Veterans Affairs to carry
out a pilot program allowing student veterans to attend approved non-
traditional educational programs with a focus on obtaining technology
micro-degrees. While the VA has the authority to cover costs of non-
traditional educational programs, we have seen in the past that this
approval process has been burdensome. It is important for the VA to
address new forms of non-traditional learning as the realm of higher
education evolves.
Technological micro-degrees are non-traditional degree programs
that focus on specialized technology disciplines and typically
comprises an accelerated education model. Veterans are prime candidates
for the technological degree programs and can see their entire
education covered using their earned GI Bill benefits. Currently, there
are only a handful of non-traditional organizations offering classes
through the current VA GI Bill process; even fewer offer non-
traditional technology programs forcing veterans to cover these costs
on their own.
The American Legion supports efforts in expanding educational
assistance to non-traditional students attempting to find employment by
earning a micro-degree in a specific field of study and applauds the
Committee on its efforts to expand education to non-traditional student
veterans. Although The American Legion supports the intent, we have
concerns with Section 114.
Oversight is needed before the VA can approve a non-traditional
program and the State Approving Agencies (SAAs) are best equipped to
certify these educational courses. Additionally, the provisions of this
bill fall outside the scope of established resolutions of The American
Legion. As a large, grassroots organization, The American Legion takes
positions on legislation based on resolutions passed by the membership.
With no resolutions addressing the provisions of the legislation, The
American Legion is researching the material and working with our
membership to determine the course of action which best serves
veterans.
The American Legion has no current position Section 114.
Section 201. Work-Study Allowance
This section would extend the authority to provide work-study
allowance for certain activities by individuals receiving educational
assistance by the Secretary of Veterans Affairs.
The VA Work-Study program provides part-time employment to students
receiving VA education benefits who attend school three-quarter time or
more. The student may work at the school veterans' office, the VA
Regional Office, or at approved State employment offices. Work-study
students are paid either the State or Federal minimum wage, whichever
is greater. Many student veterans use the work-study program as a
supplement to pay their bills and other costs not covered by VA
educational programs. In addition to supporting veterans education
benefits processing, these student veterans are also establishing
connections with their peers on campus, thereby fostering greater
awareness of other veterans.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\20\
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\20\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 201.
Section 202. Duration of educational assistance under survivors'
and dependents' educational assistance program
Section 202 would reduce the months of eligibility for Chapter 35,
Survivors and Dependents Assistance from 45 months to 36 months.
However, the provision in this section of the draft bill falls outside
the scope of established resolutions of The American Legion. As a
large, grassroots organization, The American Legion takes positions on
legislation based on resolutions passed by our membership. With no
resolutions addressing the provisions of the legislation, The American
Legion is researching the material and working with our membership to
determine the course of action that best serves veterans.
The American Legion has no current position on Section 202.
Section 203. Increase in amounts of educational assistance payable
under survivors' and dependents' educational assistance program
Section 203 would increase education benefits for survivors and
dependents (Chapter 35), which currently provides the least payable
educational assistance of any VA program. Currently, Chapter 35
recipients are paid at the monthly rate of $788 for full-time, $592 for
three-quarter-time, or $394 for half-time pursuit of education. This is
in stark contrast to Montgomery GI Bill payments, which receive $1,857
for full-time, $1,392.75 for three-quarter time, and $928.50 for half-
time enrollment. While survivors and dependents of servicemembers who
died in the line of duty are eligible for the Post-9/11 GI Bill through
the Gunnery Sergeant John Fry Scholarship, survivors and family members
of veterans who are permanently and totally disabled due to a service-
related condition or of veterans who died outside the line of duty have
a right to demand more equitable benefits.
However, the provision in this section of the draft bill falls
outside the scope of established resolutions of The American Legion. As
a large, grassroots organization, The American Legion takes positions
on legislation based on resolutions passed by our membership. With no
resolutions addressing the provisions of the legislation, The American
Legion is researching the material and working with our membership to
determine the course of action that best serves veterans.
The American Legion has no current position on Section 203.
Section 301. State Approving Agency Funding
State Approving Agencies are responsible for approving and
supervising programs of education for the training of veterans,
eligible dependents, and eligible members of the National Guard and
Reserves. SAAs grew out of the original GI Bill of Rights from 1944.
Though SAAs have their foundation in Federal law, SAAs operate as part
of state governments. SAAs approve programs leading to vocational,
educational or professional objectives. These include vocational
certificates, high school diplomas, GEDs, degrees, apprenticeships, on-
the-job training, flight training, correspondence training and programs
leading to required certification to practice in a profession.
In accordance with the Jeff Miller and Richard Blumenthal Veterans
Health Care and Benefits Improvement Act of 2016, SAAs are now
recognized as a valuable addition to the approval process of GI Bill
schools. The SAAs ensure that programs meet certain eligibility
criteria, in order to see that GI Bill funds are not wasted. Their
unique focus on how GI Bill funds are spent makes their mission
distinct from all other oversight and approving bodies.
In order to fulfill their additional requirements for compliance
reviews, additional funding is required. The SAAs have far more complex
responsibilities than the across the board certifications that existed
pre Post-9/11 GI Bill, yet the SAAs funding has not increased since
2005. In order to rectify this with their greater responsibilities,
this draft bill authorizes $3 million to be appropriated for each
fiscal year.
The American Legion believes the $3 million increase is not
adequate to cover the SAAs overall scope and encourages Congress to
allocate $5 million annually for the SAAs.
Resolution No. 304: Support Accountability for Institutions of
Higher Education supports any legislative proposal that provides
additional resources and increased funding for state approving
agencies. \21\
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\21\ The American Legion Resolution No. 304 (2016): Support
Accountability for Institutions of Higher Education
The American Legion requests that this section be amended to
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authorize $5 million to be appropriated for each fiscal year.
Section 302. Authorization for use of Post-9/11 Educational
Assistance to pursue independent study programs at certain educational
institutions that are not institutions of higher learning
Section 302 authorizes veterans to use their GI Bill education
benefits to continue their education for independent study programs at
career technical education (CTE) centers. \22\ In Oklahoma alone,
veterans have lost access to over 200 accredited educational programs,
simply because there is a distance learning or online component. This
section would allow veterans to take independent study programs at CTE
centers while using their GI Bill benefits.
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\22\ Congressman Mullin Press Release: http://mullin.house.gov/
news/documentsingle.aspx?DocumentID=447
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This section would provide student veterans with an expanded scope
and usage of the Post-9/11 GI Bill education benefits to other forms of
postsecondary institutions. This potential legislation adds needed
options to student-veterans in the pursuit of their educational goals.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\23\
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\23\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 302.
Section 303. Provision of information on priority enrollment for
veterans in certain courses
This section would require that a school's priority enrollment
policy be cataloged by the VA and added to its comprehensive policy on
providing education information to veterans. With limited months of
eligibility, many veterans can benefit from priority registration that
would allow them to finish their degrees before their benefits expire.
However due to the inherent complexities and diversity of priority
enrollment across school types, The American Legion has cautioned
against mandating veteran priority enrollment without the direct
consultation of the National Association of Veterans' Program
Administrators.
Section 303 doesn't mandate priority enrollment but rather mandates
that the VA collect information on the schools that provide it. This
information can be shared with veterans through numerous outlets, most
prominently it's GI Bill Comparison tool. This would help veterans
become better-informed consumers as they pursue their educational
goals.
Resolution No. 327: Support Further Assessment and Evaluation of
Institutions of Higher Learning to Enable Veterans to Make Informed
Education Choices supports oversight and legislation evaluating post-
secondary education institutions on quality factors. \24\
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\24\ The American Legion Resolution No. 327 (2016): Support Further
Assessment and Evaluation of Institutions of Higher Learning to Enable
Veterans to Make Informed Education Choices
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The American Legion supports Section 303.
Section 304. Limitation on use of reporting fees payable to
educational institutions and sponsors of programs of apprenticeship
This section increases the school reporting fee to $16 for each
veteran, or dependent enrolled under Chapter 31, 33, 34, or 35. The
importance of this in a historical context is important to remember.
Reporting fees were designed to streamline efficiency, with the VA
paying schools to certify benefits themselves instead of hiring
additional employees to process the benefits. Since 2012, this fee has
fluctuated between $10 and $16. Without speculating on the reasons for
these changes, it is fair to say that they are not commensurate with
the actual labor of schools administering these programs.
While the reporting, reconciliation and overall cost of
administering all programs has increased, and the burden on the
educational institution is not business as usual, the added work effort
has not been calculated. Also, the use of these fees should be
designated to support the Office of Veterans' Affairs/Services and for
professional development of the school VA Certification Officials and
other Veterans' Program Administrators. The American Legion further
propose that recipients of this reporting fee must match these funds to
support veterans' services.
However, it has been difficult to track how schools are using these
funds. This section addresses this by mandating what shall be utilized
solely for the making of certifications required under title 38. It
also mandates that institutions certifying over 100 enrollees may not
use school reporting fees for general operating funds.
Resolution No. 333: Support Increase in Reporting Fees for
Educational Institutions supports any legislation that increases the
amount of the reporting fees payable to educational institutions for
certifying officials who assist/enroll veterans receiving educational
benefits from the Department of Veterans Affairs. \25\
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\25\ The American Legion Resolution No. 333: Support Increase in
Reporting Fees for Educational Institutions
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The American Legion supports Section 304.
Section 305. Training for School Certifying Officials
The Department of Veterans Affairs identified $416 million in Post-
9/11 GI Bill overpayments in the 2014 fiscal year, affecting
approximately one in four veteran beneficiaries and about 6,000
schools. To identify the reasons behind this, the Government
Accountability Office (GAO) was asked to review these overpayments and
published an extensive report released in October of 2015. Chief among
GAO's recommendations was granting VA explicit authority to require
training for school officials.
Schools cause overpayments when they make processing errors, such
as reporting the wrong enrollment dates or billing VA for non-allowable
fees. VA estimated that these errors account for 8% of high-dollar
overpayment cases in fiscal years 2013 and 2014, while GAO estimated
that they account for around $28 million of the $280 million in high-
dollar overpayments VA made in the 2014 fiscal year. According to
interviews with staff from VA's Regional Processing Office and Debt
Management Center, school officials without adequate training were
cited as the primary source of the errors.
This section will require the Secretary of Veterans Affairs, in
consultation with the State Approving Agencies, to set forth
requirements to train school certifying officials on proper standards
for certifying veterans benefits.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the GI Bill, Department
of Defense Tuition Assistance (TA), Higher Education Title IV funding
(i.e., Pell Grants, student loans, etc.) and education benefits so
servicemembers, veterans, and their families can maximize its usage.
\26\
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\26\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 305.
Section 306. Extension of authority for Advisory Committee on
Education
Section 306 extends the authority of the VA Advisory Committee on
Education from December 31, 2017, to December 31, 2022. This committee
provides the VA independent analysis and advice on VA programs and has
proven to be an important part of streamlining the implementation of
changes to the GI Bill by taking into account effects on the ground.
\27\
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\27\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the GI Bill, Department
of Defense Tuition Assistance (TA), Higher Education Title IV funding
(i.e., Pell Grants, student loans, etc.) and education benefits so
servicemembers, veterans, and their families can maximize its usage.
\28\
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\28\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 306.
Section 307. Department of Veterans Affairs provision of on-campus
education and vocational counseling for veterans
VA created the Veterans Success on Campus (VSOC) program as a pilot
in 2009 to bring Vocational Rehabilitation Counselors and VA Vet Center
Outreach Coordinators to college campuses with large veteran
populations. The program began as a pilot on the University of South
Florida campus and has since expanded to over 94 schools across the
country. \29\
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\29\ U.S. Department of Veterans Affairs: http://
www.benefits.va.gov/vocrehab/vsoc.asp
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The VSOC program is a positive resource for student veterans and
their dependents as they attend school through either the GI Bill or
VA's Vocational Rehabilitation and Employment (VR&E) program, and gives
individuals on-campus access to all-encompassing counseling programs.
Authorizing on-campus educational and vocational counseling is a
tried and true method of increasing veterans' educational success.
However, The American Legion has concerns about its sustainability.
Since VSOC is currently implemented by VA policy and not a statutorily
required program, it's future is dependent on VA funding. This section
would require the Secretary to provide these services at institutions
of higher learning selected by the Secretary and would codify the VSOC
program.
The American Legion would also like to see the same education and
vocational counseling before a veteran enters into the education realm.
The best time to instruct a transitioning servicemember about their
future in education and the workforce is before they transition out of
the military. We strongly recommend applying this same language to the
Transition Assistance Program.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
\30\
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\30\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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The American Legion supports Section 307.
Section 308. Provision of information regarding veteran entitlement
to educational assistance
School certifying officials and veteran program administrators are
natural mentors to student veterans as they help them process their
benefits and navigate higher education. However, by statute, they are
missing a critical component necessary to accurately counselor veterans
on their educational choices: the remaining benefits the veteran is
entitled to. Without this information, the officials capacity to assist
student veterans is greatly diminished, and could potentially lead to
student veterans taking on unnecessary debt to complete their degree
programs. Through the information sharing proposed in Section 308,
these school officials can help student veterans chart the most
efficient and cost-effective ways to utilize their benefits. \31\
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\31\ The American Legion Resolution No. 318 (2016): Ensuring the
Quality of Servicemember and Veteran Student's Education at
Institutions of Higher Education
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Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
The American Legion supports Section 308.
Section 309. Treatment, for purposes of educational assistance
administered by the Secretary of Veterans Affairs, of educational
courses that begin seven or fewer days after the first day of an
academic term
The VA defines a calendar week as Sunday to Saturday. According to
the School Certifying Official Handbook, classes that begin ``after the
first calendar week'' should be reported separately using the actual
date each class starts. As an example: if a term starts on a Thursday,
any course that meets for the first time on Thursday or Friday can be
reported together, but if a course meets for the first time the
following Monday, Tuesday or Wednesday it must be reported as a
separate and unique term.
This creates excess work for educational institutions and regional
processing officers (RPOs). Separate book and tuition fee payments must
be issued, which may lead to improper payments. Section 309 will define
``Calendar Week'' for education benefits as ``the seven-day period
beginning on the first day of the institution's published academic
calendar,'' and will reduce excess work and eliminate opportunities for
errors in tuition and fee calculations.
Resolution No. 318: Ensuring the Quality of Servicemember and
Veteran Student's Education at Institutions of Higher Education
supports any legislative proposal that improves the Post-9/11 GI Bill.
The American Legion supports Section 309.
Section 401. Eligibility of reserve component members for Post-9/11
Educational Assistance
In the 2012 National Defense Authorization Act, authorization
12304b was created under Title 10, which allowed reserve-component
troops to meet the challenges around the globe by mobilizing without
counting against caps on active forces. While this is critical to
maintaining our national security, existing statutes do not recognize
the service of Reservists and National Guardsmen called to mobilize on
these orders.
According to Title 38 of the U.S. Code, these individuals did not
serve on ``active duty.'' Even though these troops served side-by-side
with Active Duty servicemembers, reservists deployed under these orders
are therefore denied benefits earned for deployments including
healthcare (pre- and post-mobilization), retirement age reduction, pay
differentials, and eligibility for the Post-9/11 GI Bill.
Section 401 corrects these oversights by amending U.S.C. Titles 5,
10, and 38 to include Sec. 12304b mobilization authority in determining
eligibility for all servicemembers who have mobilized under these
orders.
Resolution No. 20: GI Bill Fairness for Wounded Servicemembers and
Activated National Guard and Reservists supports any legislative
proposal that provides amendments to U.S. Code Titles 5, 10, 37 and 38
commensurate with U.S. Code Title 10 authorized service, such as 12304b
and 12301(h), that grant Post-9/11 GI Bill benefits. \32\
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\32\ The American Legion Resolution No. 20 (2017): GI Bill Fairness
for Wounded Servicemembers and Activated National Guard and Reservists
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The American Legion supports Section 401.
Section 402. Time limitation for training and rehabilitation for
veterans with service-connected disabilities
Section 402 would apply the same 12304b corrections listed in
Section 401 to Chapter 31, Vocational Rehabilitation and Employment.
Resolution No. 20: GI Bill Fairness for Wounded Servicemembers and
Activated National Guard and Reservists supports any legislative
proposal that provides amendments to U.S. Code Titles 5, 10, 37 and 38
commensurate with U.S. Code Title 10 authorized service, such as 12304b
and 12301(h), that grant Post-9/11 GI Bill benefits. \33\
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\33\ The American Legion Resolution No. 20 (2017): GI Bill Fairness
for Wounded Servicemembers and Activated National Guard and Reservists
The American Legion requests that this section be amended to
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provide retroactive application to 12304b service.
Section 501. Repeal inapplicability of modification of basic
allowance for housing to benefits under laws administered by Secretary
of Veterans Affairs
In 2014, Congress voted to reduce the BAH rate of Active Duty
servicemembers by 5%. According to 38 U.S. Code Sec. 3313, the monthly
stipend for the Post-9/11 GI Bill equals as follows: the monthly amount
of the basic allowance for housing payable under section 403 of title
37 for a member with dependents in pay grade E-5 residing in the
military housing area that encompasses all or the majority portion of
the ZIP code area in which is located the institution of higher
learning at which the individual is enrolled.
In other words: when the DoD made their adjustments to the BAH
rate, it should have followed that the GI Bill was adjusted as well.
Instead, a temporary exemption was placed on Chapter 33 beneficiaries.
Based on the language that was drafted it is clear that this waiver
could not continue in perpetuity, but instead could be lifted so that
the reduction could be used as an offset in future years for veterans
programs. In the last Congress S.2921, the Vets First Act included this
reduction as an offset for fixes to veterans programs including 12304b
and 12301(h) orders. That bill never passed, but the exemption was
allowed to remain in the 2017 NDAA to again be considered for
investment in veterans programs. Based on the present statutes, it is
close to a certainty that if legislation is not passed to invest these
funds in Title 38 funding the same language will be applied to either
towards deficit reduction or the Department of Defense's budget
request.
This provision in this section of the draft bill falls outside the
scope of established resolutions of The American Legion. As a large,
grassroots organization, The American Legion takes positions on
legislation based on resolutions passed by our membership.
The American Legion supports this section as a necessary provision
to ensure the passage of the preceding improvements to Title 38
education benefits.
Conclusion
The American Legion thanks, this committee for the opportunity to
elucidate the position of the over 2.2 million veteran members of this
organization. For additional information regarding this testimony,
please contact Mr. Larry Lohmann, Assistant Director of the Legislative
Division at The American Legion, at (202) 263-5755 or
[email protected].
Ashlynne Haycock
TRAGEDY ASSISTANCE PROGRAM FOR SURVIVORS (TAPS)
Tragedy Assistance Program for Survivors (TAPS) is the national
organization providing compassionate care for the families of America's
fallen military heroes. TAPS provides peer-based emotional support,
grief and trauma resources, grief seminars and retreats for adults,
`Good Grief Camps' for children, case work assistance, connections to
community-based care, and a 24/7 resource and information helpline for
all who have been affected by a death in the Armed Forces. Services are
provided to families at no cost to them. We do all of this without
financial support from the Department of Defense. TAPS is funded by the
generosity of the American people.
TAPS was founded in 1994 by Bonnie Carroll following the death of
her husband in a military plane crash in Alaska in 1992. Since then,
TAPS has offered comfort and care to more than 70,000 bereaved
surviving family members. For more information, please visit
www.TAPS.org.
TAPS currently receives no government grants or funding.
Ashlynne Haycock
Ashlynne Haycock is currently the Senior Coordinator for Education
Support Services for Tragedy Assistance Program for Survivors (TAPS).
She is the surviving daughter of US Army SFC Jeffrey Haycock, who died
in the line of duty in 2002, and US Air Force Veteran Nichole Haycock,
who died by suicide in 2011. She graduated from American University
with a Bachelor's degree in Political Science in 2013. While at
American University she was one of the first recipients of the Marine
Gunnery Sergeant John Fry Scholarship.
Ashlynne has been involved with TAPS as a survivor for over 15
years. She has been on staff with TAPS for four years and was
instrumental in creating the TAPS Education Support Services program
and online education portal. She is an experienced professional in all
areas of education benefits for surviving children and spouses at the
federal, state and private levels. Ashlynne is regularly invited to
participate in forums focusing on veteran and survivor education
benefits. She has assisted over 1,500 survivors in accessing education
benefits worth over $100 million in assistance since 2013. Ashlynne was
highly involved in growing the partnership with the Department of
Veterans Affairs in 2014 to create a Memorandum of Agreement which was
recently expanded in 2017.
Chairman Roe, Ranking Member Walz and distinguished members of the
Veterans Affairs Committee, the Tragedy Assistance Program for
Survivors (TAPS) thanks you for the opportunity to make you aware of
issues and concerns of importance to the families we serve, the
families of the fallen.
While the mission of TAPS is to offer comfort and support for
surviving families, we are also committed to improving support provided
by the Federal government through the Department of Defense (DoD) and
the Department of Veterans Affairs (VA), state governments and local
communities for the families of the fallen--those who fall in combat,
those who fall from invisible wounds and those who die from illness or
disease.
We thank you for the provisions included in the Jeff Miller and
Richard Blumenthal Veterans Health Care and Benefits Improvement Act of
2016 including the expansion of eligibility for the Marine Gunnery
Sergeant John David Fry Scholarship for spouses and clarification of
eligibility for in-state tuition benefits for those using the Fry
Scholarship. We are grateful for the Committee's focus on improving
survivor benefits.
We are most appreciative of the opportunity to comment on
provisions included in the Harry W. Colmery Veterans Educational
Assistance Act of 2017.
TAPS would like to recognize the outstanding support we receive
from the Department of Veterans Affairs (VA) on behalf of the survivors
we serve. For several years we were honored to have a Memorandum of
Agreement (MoA) with the education specialists in the office of
Economic Opportunity in the Veterans Benefits Administration enabling
TAPS and the VA to work most efficiently in solving problems that
surviving spouses and children encountered while accessing their VA
education benefits. This relationship also allowed the VA to discover
areas where policy or procedural processes could be improved so they
could serve survivors more effectively.
The VA Office of Survivor Assistance, including director Moira
Flanders and her staff, works closely with TAPS to answer questions and
concerns that are raised by surviving family members. We also
appreciate the opportunities provided by the DoD/VA Survivors Forum,
held quarterly, which works as a clearinghouse for information on
government and private sector programs and policies affecting surviving
families. This is ably facilitated by Craig Zaroff of the VA Benefits
Assistance Service.
TAPS was recently honored to enter into a new and expanded
Memorandum of Agreement with the Department of Veterans Affairs. VA
Secretary Shulkin and TAPS President Bonnie Carroll signed the MOA on
April 12 at a ceremony attended by many of the same survivors who will
benefit from it. This agreement formalizes what has been a long-
standing, informal working relationship between TAPS and the VA. The
services provided by TAPS and VA are complimentary, and in this public-
private partnership each will continue to provide extraordinary
services through closer collaboration.
Under this agreement, TAPS continues to work with surviving
families to identify resources available to them both within the VA and
through private sources. TAPS will also collaborate with the VA in the
areas of education, burial, benefits and entitlements, grief counseling
and other areas of interest.
Education Benefits
TAPS appreciates the attention that the Committee has paid to
making sure that veterans and surviving family members have access to
quality education. Surviving family members using their education
benefits often fall prey to many of the same challenges facing veterans
using their benefits, whether it be unscrupulous recruiting practices
or questionable and confusing financial aid packages. TAPS is proud to
work with other organizations, including the American Legion, Veterans
of Foreign Wars, Veterans Education Success, Student Veterans of
America and the Department of Education to ensure that safeguards are
in place to protect all recipients of education benefits from the VA.
Indicative of the specialized support that TAPS provides is the
education portal and individualized support on the education benefits
available for the children and spouses of America's fallen heroes. TAPS
staff members work with each individual to maximize the financial
support they can receive to complete their education from both
government and private agencies.
Working to Improve the GI Bill and the Fry Scholarship
Most beneficial in the early months of the 115th Congress have been
a series of meetings between the Economic Opportunity Subcommittee
members, committee staff from both the House and Senate, and interested
parties from the Veterans Service Organizations (VSOs), Military
Service Organizations (MSOs), Military Family Organizations (MFOs) and
Higher Education Associations. These meetings prompted in depth
discussions on how the GI Bill and Fry scholarship could be improved,
in a forum where all opinions were welcome. We appreciate that
improvements discussed for education benefits for survivors included:
expansion of the Yellow Ribbon Program to surviving
spouse and children,
increases to the amount of the tuition assistance
provided by the VA's Dependents Educational Assistance program, and
technical corrections to allow a realignment of
transferred GI Bill benefits after the veteran has passed away or if
the beneficiary has passed away.
Expanded discussions in informal forums bring all organizations in
on solving the problems and raise alternatives and possible solutions
that could not be discovered alone. We hope these dialogues continue.
We join with our partner organizations specifically in support of:
Full eligibility under Post-9/11 Educational Assistance
Program for members of the Armed Forces awarded the Purple Heart
Eligibility for the Post-9/11 Education Assistance
Program for those who served on active duty under section 12304(a),
12304(b) and 12301(h) orders.
Restoration of entitlement to educational assistance and
other relief for veterans affected by school closure or disapproval.
Expansion of the Yellow Ribbon Program
TAPS supports extending eligibility for the Yellow Ribbon program,
which allows approved institutions of higher learning and the VA to
partially or fully fund tuition and fee expenses that exceed the
established thresholds under the Post-9/11 GI Bill to those survivors
eligible for the Marine Gunnery Sergeant John Fry Scholarship.
We hear from surviving family members about the importance of the
Yellow Ribbon program:
From Emily McClimans, surviving child
As a child of a fallen soldier that attends a school that accepts
the Yellow Ribbon Program, I was ecstatic. I was so excited that there
was a program to cover the hefty expenses that were not covered with
the Fry Scholarship. Unfortunately, I was denied the Yellow Ribbon
program because my father was killed in action and he's not currently
serving. I, as a student of TCU, attend college alongside children of
active duty servicemembers that have no worries as to how they're going
to pay for their college education. If the Yellow Ribbon Program was
extended to support children of fallen soldiers, I wouldn't have to
worry about my education or whether or not I'll have enough funds for
the next semester. Children of fallen soldiers deserve to not be
overlooked, as our fathers and mothers are just as significant as those
who are currently fighting. Having the opportunity to be sponsored by
this program would alleviate stress and allow me to know that my family
is just as important as the families with parents still fighting in the
war.
From Stephanie Orasing, surviving spouse
I have been a military widow since 2005. When my husband passed
away I had a 7-month-old, 3-year-old, and a 6-year-old son. I have had
to put many things on hold so that I could be there for my kids and
raise them. Now that they are 12, 15, & 18, I feel it is time for me to
go to school to get my degree so that I can show my kids that education
is important. I have spent the past 1 year & 9 months attending a
community college in the area and I will graduate with my Associates of
Applied Science degree next month. But the closest University or
College is 30 minutes away and it is private. I have applied to this
university but the tuition is $30,000. I have been accepted but I am
filling the paper work for financial aid because I don't know if I can
do it financially. I am grateful for the Fry Scholarship that will pay
$21,000 but there is a remaining balance of $9,000 that I must take a
loan out for and I have spent my life raising my kids and don't even
have a job to pay back this loan. I would appreciate the Yellow Ribbon
program if they would consider helping military widows out so that we
may have the chance to attend school and not have to have a financial
burden held over our head.
From LaNita Herlem, surviving spouse
Concerning the Yellow Ribbon, one of the issues I ran into was when
I received the Fry Scholarship (which is VERY much appreciated!), I
immediately wanted to get my masters in political science but none of
the NC state schools near me offered it. I even looked at several
around the state, which would have meant moving, but the closest I
could get was Public Administration which is not what I am interested
in. Private schools within driving distance did offer what I wanted but
being nearly 50, I am not interested in having a mortgage-sized school
loan, nor can I afford to pay it anyway. So I decided to take business
classes at the local community college. Instead of a master's degree in
political science, I will graduate next month with an associate degree
in business which in reality means very little. . If I had access to
the Yellow Ribbon program, I would have had the option of considering a
private school and getting the degree I wanted.
Waiver for Distribution of the Transferred Post -9/11 GI Bill Benefits
TAPS supports a technical correction for transferred GI Bill
Benefits. If a service member transfers their GI Bill while alive and
subsequently passes, no change in the number of months of the benefit
amount allotted each family member can be made. If the service member
or veteran were still living, they could adjust the number of months
allotted to each family member at will.
From Coleen Bowman, surviving spouse
I am the widow of SGM Robert Bowman. Realizing the importance of
education, when the opportunity for transferring the Post 9/11 GI bill
arose, my husband took advantage of the opportunity and designated
myself and our 4 daughters to be recipients of the benefit, being told
he could reapportion the benefit when the time for their education came
about. Unfortunately, after exposure to environmental toxins, my
husband succumbed to cancer in January 2013. Before he died, our then
13 year old daughter told him ``Dad, I promise you I am going to go to
college and do great things and make you proud.'' This daughter is now
almost 18 years old, in her junior year of high school and doing very
well. She is in the top 20 percent of her class and talks almost daily
about how excited she is to go to college and the things she needs to
do in order to get there.
I called the VA about 8 to 10 months ago and spoke to someone about
changing the allotted months from one child to another, or myself to my
daughters. We had 19 months of benefits that neither I nor her sister
would use. I was told ``The only person that can move the months of
benefits around is the service member/veteran.'' I said ``You do
understand he passed away in 2013?'' She said to me again ``Yes, ma'am,
I understand but again the only person who can move the months is
Robert Bowman.''
I was able to deal with all of my late husband's estate, I am
entrusted with all financial benefits for our two youngest daughters, I
certainly should be able to manage their education benefits as well. My
hope is that this issue can be resolved and survivors like me will be
able to have some relief of stress in this area.
From Tammy McCracken, surviving spouse
Colonel David McCracken served honorably in the Army and Army
Reserves for over 20 years. During his military career, he was deployed
multiple times; during his last tour he was activated as a reservist to
deploy to the Middle East. Upon return from his deployment, he was
diagnosed with brain cancer which was found to be service-connected by
the VA because of the link to burn pit exposure in the Middle East. He
was not on active-duty orders nor training at the time of his death due
to illness, and his children are not eligible for the Fry Scholarship.
As he already had a Masters degree, Col. McCracken knew he was never
going to use his own GI Bill benefits so when transferability became an
option he immediately transferred it to his 2 young children. He
transferred 35 months to his son and 1 month to his daughter thinking
he could go back and split it as they needed it later, but because he
died of wounds from his service it is stuck split that way. Col.
McCracken's son, Connor has received an ROTC scholarship to Embry-
Riddle Aeronautical University and would like to give all 35 of his
months to his sister to use but because only the service member can
make adjustments to the amount of months each dependent receives,
Connor will have to let the 35 months he has go to waste.
The technical fix would be to allow survivors of those who had
transferred the GI Bill and passed to adjust the months amongst those
designated. In discussion with committee staff, the quandary of who
should decide on the division was raised. We suggest it could be up to
the current possessor of the benefit to determine if and how many
months would be transferred. This will also only impact those already
listed as transferees; no new transferees could be added.
TAPS also supports the authorization of the transfer of unused
Post-9/11 Educational Assistance benefits to additional dependents upon
the death of the originally designated dependent.
Improve Chapter 35 Survivors' and Dependents' Educational Assistance
(DEA) and other Educational Benefits
Not all survivors are eligible for the Fry scholarship. Survivors
of those veterans who die of a service connected disability or
dependents of those who are 100 percent disabled are eligible for
support through the Dependents' Educational Assistance (DEA) program.
Current payments for the DEA benefits have not been increased when
there have been significant increases to the Montgomery GI Bill or Post
9/11 GI Bill benefits. While increases to the DEA payment are increased
each year a percentage point or two when there is an increase in other
federal benefits (i.e. Social Security, VA Dependency and Indemnity
Compensation, VA Disability payments), the current payment of $1,024 a
month does not go far in covering ever spiraling tuition costs. We
appreciate the proposed monthly increase to the DEA payment as a great
start towards parity.
From Carla Stumpf Patton, surviving spouse
As a surviving family of an active duty Marine who died prior to 9/
11, an increase in Chapter 35 benefits would make a dramatic a
difference in alleviating the financial strain associated with the
increasing rates of college expenses for families of the fallen.
Families like ours are often excluded from other funding programs that
offer tremendous assistance to families post 9/11; on top of the loss
we have experienced, this financial burden can be overwhelming. Because
I was pregnant at the time of my husband's death and our child was born
posthumously, it would be eighteen years before our child needed
educational assistance and while there was some funding, it was not
nearly enough to cover tuition rates associated with his school. We
were excluded from other sources of funding either due to the date of
death or due to the manner of death, leaving very few options for
financial assistance other than private scholarships and having to take
out large personal loans. Increasing the current benefit will address
the cost of living and sky-rocketing college expenses our families our
facing in the 21st century.
Elimination of Time Limitation for Use of Entitlement
TAPS supports the elimination of the arbitrary time limit for the
use of the education entitlement. Many surviving spouses cannot use the
educational benefit during the time they are raising minor children.
This would allow them the freedom to pursue their educational goals
once their children are older.
From Jennifer Henderson, surviving spouse
It would make a difference because I personally wouldn't feel
rushed to get my master's out of the way and could think about my next
move rather than jumping into something.
From Shannon Galloway, surviving spouse
Many of us, myself included had very small children when our
husbands passed. My daughter was significantly delayed and has special
needs on top of that. If I didn't have the time limit, I could go back
and get my masters. Which was always a dream of mine.
From Kathy Maiorana surviving spouse
I became a widow at 28, with 3 kids and one on the way in 2003. The
Fry scholarship was already a long shot for me because of the looming
deadline for earlier post 9-11 widows. I have yet to be able to go back
to school because I've been raising my children, alone. The elimination
of the deadline would be a tremendous help to not only me but so many
of my fellow widows/widowers.
TAPS is grateful for the committee's consideration of the proposed
legislation. This legislation protects and expands survivor benefits,
creates new and innovative programs for veterans and helps sustain the
GI Bill for a new generation of service members.
It is the responsibility of the nation to provide for the support
of the loved ones of those who have paid the highest price for freedom.
Thank you for allowing us to speak on their behalf.
MEMBERS STATEMENTS FOR THE RECORD
Congresswoman Susan W. Brooks (IN-05)
I'd like to thank Chairman Roe, Ranking Member Walz, and the
members of the committee for their hard work on this bipartisan package
that will reform and ultimately improve our veteran's access to GI Bill
benefits. We owe a debt of gratitude to the brave men and women who
served our country, and I'm proud that my bill, H.R. 1104, the Veterans
To Enhance Studies Through (TEST) Accessibility Act, is included in
this package.
The Veterans TEST Accessibility Act does just what its title
implies-it provides our veterans with simpler, fairer access to tests.
It fixes an outdated statute that hinders rather than helps our
veterans use their GI Bill benefits to access tests like the SAT and
prior learning assessments. Current law requires veterans to use a full
month of their GI Bill eligibility to be reimbursed for licensing,
certification and national tests, regardless of how much the test
costs. Such tests open new doors to employment and allow veterans to
advance and enhance their education and career. Given the relatively
low cost of many tests, it often simply isn't worth it for veterans to
lose potential reimbursement for an entire month of other educational
expenses, like tuition. My bill fixes that. It allows veterans to be
reimbursed for approved licensing, certification, and national tests,
while still eligible to use their remaining GI Bill benefits for
additional educational expenses in the same month.
Under the bill, a veteran can be reimbursed for an approved test at
a pro-rated amount based on their percentage of coverage under the
post-9/11 GI Bill. That is, they would only pay for the amount of the
test and can still utilize the remaining eligibility they have to cover
other educational expenses incurred that month.
Unemployment and underemployment continue to be a concern for young
veterans especially, and a recent CareerBuilder survey found that 22
percent of veterans were underemployed and 20 percent were employed at
low-paying jobs. Veterans have the skills and experience that colleges,
universities, and employers are looking for, but face challenges that
their civilian counterparts do not, including a lack of licensure or
certification. This bill will give our veterans the tools they need to
compete in the job market and help address veteran underemployment and
unemployment. With this bill, veterans are able to take what they
learned prior to and during their military service and use the benefits
they have earned to advance their education and career.
I'm also thrilled that another bill I am an original cosponsor of,
H.R. 1989, the VET TEC Act, introduced by Leader McCarthy, is included
in this package. Current law allows veterans to access traditional
education through the post-9/11 GI Bill, but the VET TEC Act empowers
veterans to leverage new education models, for example, coding boot
camps, to attain the technological skills needed in the 21st century
workforce. Rapid technological advancements have created jobs that our
veterans interested in careers in the technology economy can and should
fill. Our veterans are well equipped to learn these skills and can help
achieve the goal of closing the skills gap.
In closing, I'd like to again thank the Chairman, Ranking Member,
and all of my colleagues who have contributed to this important piece
of legislation. I'd also like to thank Congresswoman Rice for being my
bipartisan co-lead on H.R. 1104. This bipartisan package will help our
veterans gain access to the resources they need to make a life for
themselves after returning to civilian life. As the number of post-9/11
veterans continues to grow, I am pleased that this bill is moving
forward so that the millions of veterans currently eligible can access
the benefits they have earned and deserve.
Honorable Raul R. Labrador
Thank you Chairman Roe and Ranking Member Walz for scheduling this
hearing on the ``Harry W. Colmery Veterans Educational Assistance Act
of 2017,'' which includes my bill, H.R. 1112.
H.R. 1112 - the Shauna Hill Post 9/11 Education Benefits
Transferability Act--is named in honor of a wonderful young woman whose
untimely death revealed an oversight in education benefits for our
veterans.
I met the Hill family in 2013, when I helped present them with a
Congressional Bronze Medal Shauna posthumously earned for public
service, personal development and physical fitness.
Shauna was busy working to qualify for a Congressional Silver Medal
when she tragically died as a result of injuries suffered in an
automobile accident in Idaho.
Shauna was a junior at Eagle High School when she died. It's the
same school my children attend. Shauna aspired to attend Stanford
University and become a doctor.
She was a competitive figure skater and ice dancer and played the
violin in the Eagle High School Orchestra. She performed with the
Orchestra at New York's Carnegie Hall. The accident occurred when
Shauna was on her way home from orchestra practice.
Her organs were donated and her parents have met the woman who
received Shauna's heart. The couple and Shauna's sister Haley have been
honored with the Spirit of the Red Cross award in Idaho for overlooked
heroism.
While presenting the Congressional Award, I learned that Shauna's
father, Capt. Hill had retired shortly before her death. He served 28
years as a Navy pilot and flew to protect America during three combat
tours.
In the months following the tragedy, Capt. Hill was working with
the Navy in an attempt to reassign his benefits. He and his wife,
Heidi, have a second child, Haley, who was also planning to go to
college.
With almost three decades of distinguished service, Capt. Hill
qualified for full utilization of the education benefit. But the Navy
said Haley wasn't eligible because education benefits under the GI Bill
can't be reassigned.
The Hills asked for my help and my staff got to work.
Unfortunately, we found that the Navy's hands were tied. The law
doesn't allow the transfer of education benefits after a service member
has retired. No waivers are permitted--even in such tragic cases.
I promised the Hills that I would seek a legislative remedy. The
result is H.R. 1112.
My bill amends current law to permit reassignment of veterans'
education benefits in cases where the designated beneficiary passes
away.
Losing a child is the worst thing I can imagine.
Congress surely didn't intend to exclude the ability to transfer
benefits to a surviving child or spouse when the designated beneficiary
passes away before being able to use the benefits. We honor those who
serve by clearing up this inconsistency and providing some small
measure of relief.
Correcting this oversight will mean a great deal to the Hills.
While the number of veterans' families affected won't be large, it will
be a comfort to them and others facing such a terrible loss. It's the
least we can do to show our gratitude.
I am grateful to my cosponsors and to Sen. Mike Crapo, who has
introduced companion legislation in the Senate.
I also appreciate the support for this bill from several veterans
groups including the Concerned Veterans for America, Military Order of
the Purple Heart, Student Veterans of America, AMVETS, the Air Force
Sergeants Association, Association of the United States Navy and the
National Military Family Association.
Mr. Chairman, I have a statement from Shauna's father, Capt. Edward
Hill, and ask that it be included in the record.
Thank you for including this important legislation in the bill
being considered today. Mr. Chairman, I yield back.
Honorable David B. McKinley
After many years of effort and turns in the road, we are pleased
the Harry W. Colmery Veterans Educational Assistance Act of 2017 will
eventually become a reality for our Veterans. I want to thank this
committee and its staff for all your hard work and diligence to get us
to this point today.
The genesis for the new Edith Nourse Rogers Scholarship provided in
the overall bill, was a result of listening to our Veterans. Since
2011, we held over 75 meetings with veteran's groups in West Virginia.
At one such meeting, we heard how difficult it was for a veteran to
make the shift from the military to the academic world. We also heard
this was especially true when it came to STEM degrees. The rigor of the
coursework along with simply finding lab time are all contributing
factors to why it takes longer to achieve a STEM degree. By listening
to our veteran constituents, we were able to take their idea and turn
it into a piece of legislation that will help all veterans.
American businesses are looking for skilled employees who possess
the scientific and math skills necessary to grow our economy. What
better way to fill a high-tech job than by helping a qualified veteran
obtain the education they need to compete for these high paying
positions
In today's economic environment, the high paying STEM majors will
earn graduates an average mid-career salary of $136,000. The tax
revenue from STEM professionals will be greater than many other majors
provide; this program will pay for itself in many aspects. Furthermore,
STEM majors lead to careers considered ``recession-proof'' due to the
high demand for STEM professionals in the marketplace. Filling great
paying American jobs with veterans is a wonderful solution.
By continuing their education, and strengthening their skills, our
veterans are investing in American's future. Military technical career
training in areas such as, technicians, medics and corpsmen, engineers,
logistics, operations, chemicals, nursing - all these and much more can
translate into civilian jobs with training. There is no reason to waste
the valuable training received in the military. This legislation will
make it even easier.
Mr. Chairman, thank you once again for all your hard work.
Honorable Markwayne Mullin
Thank you Chairman Roe and Ranking Member Walz for your leadership
on H.R. 3218, the Harry W. Colmery Veterans Educational Assistance Act
of 2017. I'm grateful to this committee's for its bipartisan and
bicameral work for our nation's veterans.
When our men and women in uniform dedicate their lives to service,
they earn the right to a quality education that fits into their
lifestyle when they return home.
Included in this legislative package is language from my bill, H.R.
43, which amends title 38, United States Code, to authorize veterans to
use their GI Bill education benefits to continue their education with
independent study programs at career technical education (CTE) centers.
In places like rural Oklahoma, this is huge for our veterans who
aren't able to travel long distances to complete portions of their
education. This would allow veterans to use their GI Bill benefits for
independent study programs at Career and Technical Education centers -
like online or distance learning - to complete their education.
Our veterans deserve our endless gratitude for the dedication and
sacrifices they made for our country. We can start by ensuring that
their GI Bill benefits can be applied in a way that works for them.
Thank you, Mr. Chairman and I yield back.
Honorable Tim Ryan
Chairman Roe, Ranking Member Waltz, I appreciate this opportunity
to submit a statement for record celebrating this impressive
legislation. I appreciate your hard work, and the hard work of the
professional staff of the House Veterans Affairs Committee, in creating
this bipartisan bill. The close coordination with our Veteran Service
Organizations (VSOs) resulted in a stronger, more comprehensive, and
better bill. Engaging our VSOs in crafting legislation that impacts our
Veterans is common sense and sets the example for us as Congress to
follow. This bill is named to honor Veteran, American Legion leader,
and father of the GI Bill, Harry W Colmery, and it truly meets that
gold standard. One of our shared priorities is continuing the support
of our Veterans' education goals, which helps reduce unemployment,
underemployment, and homelessness for our Veterans.
I am pleased the Veterans Affairs Committee addressed the concerns
I raised that institutions which offer priority enrollment should offer
this benefit to our Veterans, servicemembers, and dependents. This bill
directs the VA to provide transparency on which educational
institutions offer priority enrollment for Veterans, by including a VA
Comparison Tool. This provides additional information for those
considering using the GI Bill to understand if the schools offer this
valuable resource to support Veterans, military members, and family
education.
This legislation is only the first step and I encourage all
educational institutions to work with us in supporting Veterans,
servicemembers and military families educational goals. Priority
enrollment, also known as early registration, is a tool used in many
universities to accommodate unique scheduling concerns for students,
such as athletes, by allowing them to register for classes prior to
open enrollment for all students. This prevents students from getting
``locked out'' of specialty classes with limited offerings or priority
classes with restricted seats that are required for graduation. It also
allows the student to adjust their schedule to accommodate known
scheduling needs.
If a university is offering priority enrollment to accommodate
student athletes scheduling for weekend games, it is common sense that
it should also accommodate scheduling concerns for those who defend our
nation. We should be doing everything in our power to make it easier
for our men and women in uniform to get a stress free, quality
education. Active Duty, National Guard, and Reserve servicemembers rely
on priority enrollment to complete their education while meeting the
demands of serving our country. This enrollment allows our
servicemembers to fit in the classes they need around their military
commitments including full-time work, drill weekends, or a combination
of these concerns. The opportunity to enroll before classes get full
also allows the men and women of our armed forces to prioritize classes
critical to their degree before transferring duty stations or
deployments. Conversely, during an intense military operational period,
the servicemember can stay enrolled in classes by being able to
register for more flexible classes or subjects less challenging to the
individual.
For servicemembers using the GI Bill for their spouse, priority
enrollment is an important resource to aide us in the fight to stop the
unemployment and underemployment for our military spouses. The
unemployment rate for military spouses is three times as high as their
counterparts. A 2013 survey of military spouse employment by Syracuse
University determined 90% of female spouses were underemployed. A
recent report by the Blue Star Families indicated the cost to the
nation of unemployment and underemployment by military spouses is well
over half of a billion dollars a year. If the servicemember elects to
transfer their benefits, the spouse has similar unique concerns for
scheduling as their active duty, Reserve, National Guard, and Veteran
counterparts. These include fitting in classes around deployments,
permanent change of duty stations, childcare needs, and supporting
caregiving requirements for injured and ill Veterans. These family
members who bear a substantial cost to support their servicemembers
career are confronted with the same time crunch to fit in classes in
the finite window of authorized benefits. We must support their
opportunity to re-train in a field that suites their family needs and
our country's need for their spouse's service.
I am grateful to be part of this bipartisan effort to support the
unique needs of these men and women. The men and women who selflessly
served our nation were promised an opportunity for higher education
with the GI Bill, and this legislation would ensure that they can do so
without delay and before their benefits expire. If a student Veteran is
shut out of required course work prior to their benefits expiring, he
or she may not be able to attain a degree or could be forced to pay
tuition and fees out of pocket. If an educational program offers this
benefit, I cannot think of a more deserving subset of students for this
consideration than our active duty, reserve, National Guard, Veterans
and dependent family members.
Mr. Chairman, Ranking Member O'Rourke, thank you again for this
impressive legislation and for allowing me to submit this statement for
the record.
Tom Porter, Legislative Director
of
Iraq and Afghanistan Veterans of America
Chairman Roe, Ranking Member Walz, and Members of the Committee:
On behalf of Iraq and Afghanistan Veterans of America (IAVA) and
our more than 425,000 members, thank you for the opportunity to share
our views on the legislation under consideration today. For thirteen
years, IAVA has been the preferred empowerment organization for Post-9/
11 veterans. IAVA's ``Big 4'' Policy Priorities for the 115th Congress
are to Fully Recognize and Improve Services for Women Veterans, Defend
Veterans Education Benefits-particularly the Post-9/11 GI Bill, VA
Reform, and Battling Military/Veteran Suicide.
I am pleased to offer our strong support for the Harry W. Colmery
Veterans Educational Assistance Act of 2017 (H.R. 3218), which would
significantly expand and improve the Post-9/11 GI Bill. We thank all
those who worked to develop the provisions included in the bill and
appreciate this opportunity to add remarks to the record of your July
17 hearing on the measure.
IAVA was a lead voice in enactment of the Post-9/11 GI Bill in
direct response to the needs of our growing membership. After the Post-
9/11 GI Bill gave our generation an educational benefit more in line
with that of the ``Greatest Generation'' we learned in time that some
improvements were needed for today's veterans and worked closely with
Members of Congress and a coalition of partners to develop and enact
the ``GI Bill 2.0.''
We know that the Post-9/11 GI Bill will continue to be a focus of
Congress for better or worse, and respectfully ask that our members'
voices be given an appropriate seat at the table, as they've had in the
past, and be invited to testify in person at future hearings that
involve this important benefit.
In 2016, IAVA and other veteran service organizations fought hard
to successfully defeat ill-advised Congressional attempts to pass new
legislation to expand veterans programs by making cuts to the GI Bill.
We then worked with others to block a proposal earlier this year that
would have charged a user fee or a tax on new servicemembers to allow
eligibility for their GI Bill. We now feel the Committee is on the most
responsible path forward to filling important gaps in the benefit in
addition to making holistic improvements to veteran education programs.
The payfor in this legislation is less than ideal, but given the
totality of the components in the bill, IAVA considers the measure a
net gain for veterans education. We understand that it makes sense to
many that there not be separate housing allowance tracks for active
military and those using the GI Bill. IAVA remains strongly opposed to
previous action by Congress to reduce the military's housing allowance
by 5%. We are forever indebted to our armed forces personnel and, as
they remain deployed around the world in our name to unfriendly places,
we should absolutely not be asking them to pay out of pocket for their
housing. IAVA calls on you to work with your colleagues to restore the
full housing allowance for our military.
IAVA supports or raises no objections to nearly all the components
of the measure. Of the key provisions we support, we thank the
committee for adding the Sec. 103 provision to provide Purple Heart
recipients full GI Bill eligibility regardless of time served, and we
appreciate the Sec. 108 provision to extend the Yellow Ribbon program
to Fry Scholarship recipients. Those servicemembers and families who
have sacrificed so much are well-deserving of these benefits.
Members of the Reserve and Guard components should not be treated
differently from their active duty counterparts and precluded from
earning Post-9/11 GI Bill eligibility or the Vocational Rehabilitation
and Employment program when serving on certain active duty orders.
Secs. 101, 401, and 402 remove this inequity and IAVA strongly supports
their inclusion.
IAVA recognizes that some servicemembers may have certain
obligations or life goals after separation from the military that
preclude them from using their Post-9/11 GI Bill within the 15-year
time limit. If a servicemember puts in the time and sacrifice to earn
the full benefit, they should not be punished by having to make a ``use
it or lose it'' decision because the government says he or she should.
Sec. 111 is a welcome provision to ensure the ability to use the
benefit when it is best for the veteran, not when it is best for the
government.
IAVA remains concerned that many schools do not have veterans'
education outcomes at heart when they recruit them and the generous
education benefits they bring with them. When some of these for-profit
schools close - sometimes mid-semester - it causes enormous disruptions
and loss of GI Bill benefit for that semester for many student vets.
This gap in the law is wrong and needs to be corrected. Sec. 107 makes
this badly-needed correction. However we encourage the Committee to
return the entire GI Bill benefit used at the closed school if the
school's credits are not able to be transferred. If a veteran uses his
or her GI Bill benefit at one of these failing schools, and as a result
of that closure their credits are useless, the veteran should not be
penalized.
In this same vein, a key change IAVA continues to support is
closing the ``90/10'' loophole, which rewards poor-performing schools
that intentionally target veterans for their education benefits.
Currently, no more than 90% of a for-profit school's revenue can be
generated by federal funds, thus requiring them to prove their value
for the final 10% through the free market. However, because the law was
written to exclude federal GI Bill benefits from the 90%, the
legislative intent has not been realized and problems continue to
persist, creating a loophole. This loophole could be closed by simply
including VA and DoD education benefits in the category of ``government
funds.'' We strongly encourage the inclusion of such a provision.
Again, thank you for working to develop the Harry W. Colmery
Veterans Educational Assistance Act of 2017. Please let me know if you
have any questions about our position with regard to this legislation.
Kristofer Goldsmith
Assistant Director for Policy and Government Affairs
Vietnam Veterans of America (VVA)
Chairman Roe, Ranking Member Walz, and other distinguished members
of the Committee on Veterans' Affairs, on behalf of our National
President John Rowan, our Board of Directors, and our membership,
Vietnam Veterans of America (VVA) thanks you for the opportunity to
present our views for the record concerning the legislation to be
discussed at today's hearing.
Today the committee will discuss a bill meant to modernize and
improve the Post-9/11 GI Bill, and hopefully come to agreement on the
universal idea that our country should not leave behind any veteran
deserving the support of our nation. It is the founding principle of
VVA that Never Again Will One Generation of Veterans Abandon Another,
which is why our members are so passionate about improving and
protecting earned veterans' benefits that they will never use
themselves. This founding principle has guided us to our three top
priorities regarding the GI Bill, which we urge the committee to
support as you work to improve this important transition benefit:
1. Protect eligibility for the Post-9/11 GI Bill for all veterans
with administratively rendered other than dishonorable discharges, as
this benefit has been stolen from thousands of veterans who were denied
eligibility without the due process rights of court martial;
2. Eliminate the arbitrary 15-year limit on usage of the GI Bill
benefit, which punishes those veterans who struggle in their transition
from service, and those who transition well then face unemployment or
underemployment; and
3. Remove era-specific naming of educational programs so that the
GI Bill is not destined to create disparities between current and
future generations of veterans.
VVA GI Bill Priority 1: Protecting GI Bill Eligibility - VVA urges
congress to return the GI Bill to the spirit of the Servicemen's
Readjustment Act of 1944, more popularly known as the ``GI Bill of
Rights,'' which protected the rights and benefits of all returning
veterans. Sadly, in recent decades, more and more veterans have been
allowed to fall through the cracks. According to 38 U.S. Code Sec. 101
(2):
The term ``veteran'' is defined as an individual who served in the
active military, naval, or air service, and who was discharged or
released therefrom under conditions other than dishonorable.
Why, then, does this our country deny veterans with administrative
discharges, who were never afforded the due process rights of courts
martial, to be denied access to veterans benefits?
A GAO study, Actions Needed to Ensure Post-Traumatic Stress
Disorder and Traumatic Brain Injury Are Considered in Misconduct
Separations (GAO-17-260: Published: May 16, 2017) revealed that 57,141
veterans, representing 62 percent of veterans separated for misconduct
between 2011 and 2015, had before separation been diagnosed with a
mental health condition such as PTSD or TBI. According to the GAO
report, nearly 15 percent of all of the soldiers who left the Army in
2011 did so with no GI Bill eligibility. Each of these veterans not
only carries the stigma of having received a ``bad-paper'' discharge,
but nearly all are prevented from utilizing the most important
transition benefit, the GI Bill. Worse yet, 13,283 of those veterans
received Other-than-Honorable discharges, and won't have access to
nearly any basic VA service until some reach the point of suicidality.
This is a national tragedy that must immediately be addressed by this
Congress.
VVA GI Bill Priority 2: Elimination of the arbitrary 15-year limit
on eligibility - We thank the committee for including this top VVA
priority in H.R. 3218, and will discuss this below.
VVA GI Bill Priority 3: Era-specific naming - We will address this
issue in the next section.
H.R. 3218, the ``Harry W. Colmery Veterans Educational Assistance
Act of 2017"
Section 1. Short Title
This section cites the short title of HR 3218, bill as the ``Harry
W. Colmery Veterans Educational Assistance Act of 2017.''
The name of this bill is righteous in that it memorializes Harry W
Colmery, the American Legion National Commander credited with authoring
the original GI Bill. VVA seeks a return to the spirit of Colmery's
1944 ``GI Bill of Rights,'' which both empowered and protected veterans
as they transitioned from military service.
VVA strongly supports efforts to rebrand the GI Bill so that it is
not, in the minds of Americans, ``a wartime benefit,'' and that it is
instead an essential component of service in the United States
military. After all, the United States has not officially declared war
since 1941, when it declared war against Japan as a response to the
attack on Pearl Harbor. Technically speaking, the conflicts in Korea,
Vietnam, Iraq, Afghanistan, and now Syria are ``extended conflicts.''
In these times there are no front lines, terrorists can strike at any
time and any place, and as a result, today and tomorrow's Active Duty,
Reservist and National Guard troops and veterans are done a disservice
when the name of the GI Bill implies it is for specific engagements.
This erroneous perception is part of the reason why there are already
loopholes in the GI Bill that makes modernization efforts increasingly
necessary. VVA urges the committee to to take preventive measures
against the opening of future loopholes by correcting the GI Bill in
name and function, so that it is a benefit for service for all veterans
who have chosen to enlist in the military, knowing full well the
unpredictable nature of world events, emergencies and conflicts.
Congress should strike from Title 38 the phrase ``Post-9/11'' from
GI Bill educational benefits wherever possible. The Department of
Veterans Affairs should be instructed to remove ``Post-9/11'' and other
era-specific branding from regulation, websites and literature
regarding educational benefits in order to preserve the GI Bill for
future generations of veterans.
Section 101. Consideration of Certain Time Spent Receiving Medical
Care from Secretary of Defense as Active Duty for Purposes of
Eligibility for Post-9/11 Educational Assistance.
This section would add time spent on active duty under orders
authorized by section 12301(h) of title 10, U.S.C., as qualifying time
for the Post-9/11 GI Bill. These particular orders are used when a
National Guard member or Reservist is receiving medical care or is
recovering from injuries incurred while on active duty.
Over the last decade, we have met scores of Reservists who have
been held on active orders while they heal and wait for the med-board
process to proceed apace, often separated from their families for
months if not years at a time. For these troops held on active duty
orders, it is eminently unfair that they are not earning eligibility
for GI Bill benefits while those on active duty living in the same
barracks, and assigned to the same unit, are able to do so.
VVA also strongly supports this provision and looks forward to
seeing these National Guard and Reserve veterans get the benefits
warranted by their service.
Section 102. Consolidation of Eligibility Tiers under the Post-9/11
Educational Assistance Program of the Department of Veterans Affairs.
This section would authorize additional GI Bill funding for members
of the National Guard and Reserve. This section would increase the
amount of money/eligibility that individuals receive who serve at least
90 days but less than six months, on active duty - it would increase
from 40 percent to 50 percent benefit payable. It would also increase
the amount of money/eligibility that individuals receive who serve at
least six months but less than 12 months - it would increase from 50
percent to 60 percent benefit payable. For a student attending a
private school, this would result in approximately $2,300 more a year
in tuition than they are receiving now and would receive more dollars
for their housing allowance.
VVA supports this provision.
Section 103. Educational Assistance Under Post-9/11 Educational
Assistance Program for Members of the Armed Forces Awarded the Purple
Heart.
This section would extend full eligibility for the Post-9/11 GI
Bill to any Purple Heart recipient since September 11, 2001.
This provision closes an unintended loophole which denies full
eligibility for the GI Bill for veterans who have bled for their
country yet have not met the 36-month active duty requirement.
VVA strongly supports this provision, but urges Congress to
consider the disparity that remains for those who served, experienced
invisible wounds without the recognition of a Purple Heart, and then
were made ineligible for the GI Bill due to unfair administrative
discharges.
It is abundantly clear that the military is unfairly dismissing
disabled veterans with less-than-honorable discharges in a manner that
cripples their ability to recover. The Government Accountability Office
``found that servicemembers diagnosed with PTSD, TBI, or certain other
conditions can receive an `other than honorable' discharge-making them
potentially ineligible for VA health benefits.'' While the focus of
GAO-17-260 was the nexus of PTSD and related conditions resulting in a
discharge denying veterans the health care they both need and deserve,
it revealed that an outrageous number of recent veterans who suffered
service-connected disabilities have also been denied access to the GI
Bill.
It would be a disgrace to many if this committee fails to address
the denial of benefits to the tens of thousands of veterans with
invisible injuries incurred during their service in the military.
Section 104. Eligibility for Post-9/11 Educational Assistance for
Certain Members of Reserve Components of Armed Forces who Lost
Entitlement to Educational Assistance under the Reserve Educational
Assistance Program.
This section would allow certain members of the Reserve component
to transfer into the Post-9/11 GI Bill who lost educational assistance
benefits when Congress repealed the Reserve Educational Assistance
Program (REAP).
VVA supports this provision in that it will close another
unintended loophole which has forced many Reservists to in effect place
their lives on hold.
Section 105. Calculation of Monthly House Stipend under Post-9/11
Educational Assistance Program Based on Location of Campus where
Classes are Attended.
This section would change the way living stipend amounts are
calculated, from the current rule that says the living stipend payment
is based on where the school is located to instead having the payment
calculated based on where the student attends the majority of classes.
VVA supports the intent of this section, which is to ensure that GI
Bill users receive a fair stipend to support living expenses while they
attend school. Under current law, the VA determines Basic Assistance
for Housing (BAH) payments to student veterans based on the Zip Code
where the school is certified. This can create some disparity for
veterans attending schools with multiple campuses, as BAH rates can
vary greatly. The VA should pay BAH rates that align with the cost of
living where the student veteran is attending school, not necessarily
where the school is certified.
While VVA does believe that this bill addresses an unintended
imbalance in the way BAH rates are paid, we do have concerns about
possible complexities arising from implementation of the bill as
written. For example: How would this apply to a veteran attending
classes in multiple locations at an institution that spans multiple Zip
Codes?
Section 106. Charge to Entitlement for Certain Licensure and
Certification Tests and National Tests under Department of Veterans
Affairs Post-9/11 Educational Assistance.
This section would change the current rules that require that a
veteran be charged a whole month of entitlement to pay for any national
test (GMAT, GRE, SAT, etc.) or test that is required for state
licensing. Instead of a full month of entitlement, this bill would
require that the test be pro-rated to the amount of the actual cost of
the test.
VVA supports this provision which will empower veterans to use the
GI Bill to pay for national tests and state licensing on a pro-rated
basis in a way that avoids over-charging the GI Bill user's
eligibility.
Section 107. Restoration of Entitlement to Post-9/11 Educational
Assistance for Veterans Affected by Closures of Educational
Institutions.
This section would restore entitlement to individuals when their
school closes in the middle of a semester. This section would also
authorize additional living stipend payments to be paid to students
whose school closes in the middle of a semester for no more than four
months, or the length of the semester, where they were attending
training.
The purpose of this provision is to restore eligibility for
tuition, but not BAH, for student veterans who attended an institution
that has unexpectedly closed. VVA supports the intent of this
legislation, but urges the committee to amend it to restore BAH as
well. Veterans who have had their educational paths approved and paid
for by the VA, and who then experience a school closing, should not
have the rug pulled out from under them.
VVA urges that the committee take a proactive approach to
protecting student veterans by keeping the VA from approving GI Bill
use at institutions that have questionable practices or are at risk of
closure. As we have expressed many times in recent years, VVA is
concerned about abuses of the GI Bill and questionable recruiting
practices by institutions similar to Corinthian and ITT Tech.
According to Student Veterans of America's National Veteran
Education Success Tracker (NVEST) Report, proprietary schools enroll 27
percent of GI Bill students, while taking in 40 percent of total GI
Bill funding--and only produce 19 percent of the total degree
completions. By comparison, public schools enroll 56 percent of GI Bill
students, take in 34 percent of total GI Bill funding, and produce 64
percent of total degree completions.
In recent years, proprietary schools have seen overall enrollment
spiral down, with the proportion of GI Bill users among their student
populations growing. In many cases, these schools are over-reliant on
federal funding, and if GI Bill funding was considered as federal
funding under the 90/10 rule, these entities would be far out of
compliance.
VVA encourages this committee to work to make sure that GI Bill
funding is counted as federal funds as it pertains to the 90/10 rule.
This will help ensure that student veterans are not looked at as dollar
signs who help pad questionable programs so that they can be in
compliance with the rather liberal 90/10 rule.
Section 108. Inclusion of Fry Scholarship Recipients in Yellow
Ribbon GI Education Enhancement Program.
This section would extend the Yellow Ribbon Program to students
receiving GI Bill payments through the Fry Scholarship program and
those who received a Purple Heart after September 11, 2001. Fry
recipients are surviving dependents of service members who died while
on active duty.
VVA strongly supports this section of the bill, which would ensure
that survivors of troops killed in action receive the support that they
deserve.
Section 109. Additional Authorized Transfer of Unused Post-9/11
Educational Assistance Benefits to Dependents upon Death of Originally
Designated Dependent.
This section would allow a veteran to transfer remaining months of
GI Bill entitlement to another dependent if the dependent who
originally received the transferred benefits dies before they can use
all of the benefits. The section would also allow a dependent to
transfer remaining months of GI Bill entitlement to another dependent
after the death of the service member or veteran.
VVA supports this section, which would ensure that GI Bill
eligibility does not end when a military family suffers the loss of a
transferee. Under current law, a veteran can transfer their GI Bill
eligibility to a spouse or child. If the transferee dies, the GI Bill
eligibility dies with them.
This legislation honors Shauna Hill, the 16-year-old the daughter
of retired Navy Captain Edward Hill, who was killed in a car crash in
December 2012. Because of the rigidity of the program, due to the fact
that Captain Hill had already separated from the Navy when Shauna died,
he was unable to transfer the benefit to his other daughter, Haley.
VVA is pleased that the committee is working to fix this unintended
shortfall in the transferability program of the GI Bill.
Section 110. Additional Educational Assistance Under Post-9/11
Educational Assistance Program of Department of Veterans Affairs.
This section would authorize the VA to provide additional GI Bill
funds to help a student veteran complete a STEM degree. Veterans would
be eligible to apply for the program, which would pay for the lesser of
nine additional months of Post -9/11 GI Bill eligibility, or a lump sum
of $30,000. The amount of money that could be spent on this program
would not exceed $100,000,000 in any one fiscal year.
VVA supports the intent of this legislation, which will empower
veterans to pursue degrees that will allow them to reach their highest
potential. However, VVA is weary of the idea of providing a lump sum
payment to GI Bill recipients, and limiting the benefit to $30,000
instead of allowing veterans to continue a five-year STEM program
without seeing a change in benefits.
VVA understands that the $30,000 lump sum payment and limit were
set in order to control costs of this pilot program. However, we
believe that this method could create significant problems for GI Bill
users.
VVA recommends that the committee amend this section so that a
fifth year in pursuit of a STEM degree is provided without an arbitrary
cap, and to remove the lump sum payment option.
VVA hopes that the committee will recognize that other degree paths
are valuable for GI Bill users and the economy. We encourage the
committee to consider similar pilot programs to empower GI Bill users
to pursue equally empowering degrees such as law, education, social
work and those in demand for VA hiring.
Section 111. Honoring National Service of the Members Elimination
of Time Limitation for Use of Entitlement.
Denying the GI Bill to a veteran because he or she was unable to,
or chose not to, utilize the GI Bill does no good for veterans, nor for
their families or taxpayers. While there are many reasons that a
veteran may delay pursuing an education via the GI Bill, VVA poses
three scenarios of veterans who are essentially punished because they
experience a transition that does not result in their quickly going to
school after leaving military service.
In one scenario, if a veteran struggles to adapt to life outside
the military due to PTSD, they may find themselves simply unable to
enter a scholastic environment. While a service-connected disability
may qualify a veteran for Vocational Rehabilitation, which may afford
them access to some benefits to gain an education, this veteran would
have lost eligibility for the GI Bill's housing stipend which is a
large part of what makes going to school affordable for most veterans.
In another scenario, a veteran may exit the service unable to enter
school for years because they have children to care for, or because
they are a caregiver to a loved one. This veteran, under current law,
is punished for fulfilling other responsibilities because they lose
their eligibility for the GI Bill under what is essentially an
arbitrary time limit.
On our final scenario, we have veterans who transition seamlessly
out of the military and into another career. Yet, as we face an ever-
changing economy, some of these veterans are bound to lose their work
due to technological and industrial changes. Whereas the average
American experiences career changes five to seven times throughout
their life, why should a veteran be denied the opportunity to retrain
through use of the GI Bill at any of these points of career change?
We are elated to see this committee agree that for those who become
eligible after January 1, 2018, GI Bill recipients won't be punished
for transitioning in a manner that fits an arbitrary timeline.
Section 112 - Monthly Stipend for Certain Members of the Reserve
Components of the Armed Forces Receiving Post-9/11 Educational
Assistance.
VVA supports this provision, which would close an unintended
loophole that effects Reservists whose education is disrupted by their
service commitments.
Section 113. Improvement of Information Technology of the Veterans
Benefits Administration of the Department of Veterans Affairs.
This section would authorize $30 million to improve GI Bill claims
processing and complete their rules-based processing system for these
claims.
VVA favors this provision. However, we believe that rather than
enact yet more legislation, Congress ought to focus on employing its
oversight obligations to ensure that the VA is in fact making
improvements to its IT system.
Section 114. Department of Veterans Affairs High Technology Pilot
Program.
This section would authorize VA to conduct a five-year pilot
program that would provide veterans the opportunity to enroll in high
technology courses (coding boot camp, IT certifications, etc.). VA
would enter into contracts with these schools or programs and would
provide tuition and fee payments on a sliding scale that incentivizes
the schools to graduate the student veterans and ensure they find a job
in their field. The section would also authorize a living stipend equal
to the Post-9/11 rate to students while they are using the benefit.
VVA appreciates the intent of this provision, which is to increase
veterans' options in receiving training in emerging technological
fields, and is thankful to see this section has improved to provide
greater GI Bill protections. We recognize the need for flexibility in
the GI Bill in response to an evolving economy, and thank the committee
for this improved version of this section, based off the VET-TEC Act.
VVA supports accountability in GI Bill programs, and appreciates
efforts in this provision meant to ensure that benefits aren't wasted.
However, we have concerns about possible loopholes that could be
exploited by unethical organizations that would qualify for this
program.
First, VVA believes that the paragraph allowing entities that have
only been operational for a period of two years to qualify for the
program should be amended to require programs to have been in operation
for at least five years prior to enactment of this bill. This would
prevent unscrupulous actors from setting up shop today in response to
this pilot.
Second, we would like to see clarification of the term ``meaningful
employment'' as it is used in Sec.114 paragraph 5. We support the
spirit of the proposal, which aims to ensure that GI Bill users are
trained with valuable skills. However, if the GI Bill user accepts a
job offer in a related field with a salary that is below what the
training entity advertised, would that qualify as ``meaningful
employment''?
VVA thanks the committee for amending this provision so that the
Secretary may develop approving criteria for the program in
consultation with state approving agencies. However, we would prefer
the word ``shall'' be used in place of ``may.''
Section 201. Work-Study Allowance
This section would repeal the sunset date in the law that allows VA
work-study benefits for outreach to student veterans and to assist
state approving agencies.
VVA supports this bipartisan provision, but suggests removal of the
sunset so that the work-study program becomes permanent. An estimated
three-fourths of GI Bill users are currently working full- or part-
time, and most have families. Work-study can provide GI Bill
participants with much-needed stability and income. VVA thanks the
committee for removing the sunset date of this provision.
Section 202. Duration of Educational Assistance under Survivors'
and Dependent' Educational Assistance Program.
This section would change the number of months of entitlement for
individuals who become eligible for the Survivors' and Dependents'
Educational Assistance Program from 45 months to 36 months. This would
re-align this program with other GI Bill programs that provide 36
months of eligibility for educational assistance. This change would
only apply to individuals who become entitled to this program on or
after August 1, 2018.
VVA supports this provision in the context of the increase in
monthly benefits payable under the Survivors' and Dependent Educational
Assistance Program described in section 203.
Section 203. Increase in the Amounts of Educational Assistance
Payable Under Survivors' and Dependent' Educational Assistance Program.
This section would increase the payment for educational assistance
provided under Survivors' and Dependent' Educational Assistance Program
by $200 a month.
VVA supports an increase in monthly payment for educational
assistance provided under Survivors' and Dependent' Educational
Assistance Program. This long-awaited increase, while relatively small,
will help recipients avoid some debt incurred as they pursue higher
education.
Section 301. State Approving Agency Funding.
This section would increase the funding out of VA's mandatory
account for State Approving Agencies (SAA) from $19 million a year to
$21 million per year. This section would also authorize VA to provide
an additional $3 million annually to the SAAs out of the department's
discretionary account. This section would also, beginning in fiscal
year 2019, require VA to provide a cost of living adjustment increase
to the SAAs budget in an amount that equals the same percentage
increase as benefits provided under the Social Security Act.
VVA believes that SAAs are essential partners in protecting users
if GI Bill programs, and as such, we support Section 301 of this bill.
Section 302. Authorization for Use of Post-9/11 Educational
Assistance to Pursue Independent Study Programs at Certain Educational
Institutions that are Not Institutions of Higher Learning.
This section would allow an eligible individual to use their GI
Bill benefit for an accredited independent study program (including
open circuit television) at an educational institution that is an area
career and technical education school or a post-secondary vocational
school providing post-secondary level education.
VVA appreciates and supports the this section, which expands
veterans' options in education and prevent veterans from having to
relocate or travel long distances in order to attend classes at career
technical education (CTE) centers. However, we are concerned about
opening additional avenues for unscrupulous actors to abuse the GI
Bill.
Section 303. Provision of Information on Priority Enrollment for
Veterans in Certain Courses of Education.
This section would require VA to include on its GI Bill Comparison
Tool information on whether a school has a priority enrollment system
in place that allows veterans to enroll in courses earlier than other
students attending the school.
VVA strongly endorses this section, which would ensure that many
student veterans know as they are applying to schools whether or not
they will receive the same priority registration that is often offered
to students who play sports or are entering their senior year. Student
veterans are by definition adults, many of whom have significant family
and financial obligations which can be extremely burdensome. For the
estimated 20 percent of recent combat veterans who suffer from PTSD,
priority registration can serve as one additional way that schools can
help to reduce their stress levels.
Section. 304. Limitation on Use of Reporting Fees Payable to
Educational Institutions and Sponsors of Programs of Apprenticeship.
This section would allow VA to provide a fee to schools or a
sponsor of a program of apprenticeship for the reports or
certifications that these institutions are required to submit to VA
about the individuals at their school receiving GI Bill benefits. It
would require that VA provide $16 to the institution for each
individual that they certify as using GI Bill benefits. This section
would also require that schools with 100 or more enrollees using GI
Bill benefits may not use the funds received by the institution from
the reporting fees for the institution's general fund and that these
funds may only be used for veterans' programs at that institution.
VVA supports this provision. We support increasing reporting fees
to schools, so long as there are sufficient protections in place to
ensure that these funds are earmarked specifically to services for GI
Bill users only. Schools should not be permitted to blend VA funding
fees with general funds, or use VA funding for general programing. This
provision accomplishes exactly this.
These funding fees provide schools which have large contingents of
GI Bill beneficiaries with ways to improve services and facilities
dedicated to service members, veterans and their families. Many schools
have used these funds to build and support dedicated on-campus Student
Veteran Centers. These spaces are critical for many student veterans'
successful transition, as they serve as a rallying point where veterans
can find others with similar experiences and backgrounds. Veterans who
experience camaraderie on campus are more likely to succeed in school,
and as such, institutions collecting large sums of reporting fees
should be encouraged to use these funds to support on-campus Student
Veteran Centers.
Section. 305. Training for School Certifying Officials.
This section would require VA, in consultation with the SAAs, to
provide requirements for training for school certifying officials at
educational institutions that are approved for GI Bill benefits. This
section would also allow VA to disapprove a course of study if a school
does not ensure that the school certifying official meets the training
requirements.
VVA supports this provision, which increases training requirements
for the certifying officials at schools who process GI Bill benefits.
This provision will protect GI Bill users from processing delays and
other errors which can significantly, and negatively, impact their
lives.
Section 306. Extension of Authority for Advisory Committee on
Education.
This section would extend by five years the authority for VA's
Advisory Committee on Education from December 2017 through to December
2022.
VVA supports this common-sense provision extending the authority
for VA's Advisory Committee on Education, but asks: Why set a new
expiration date? The VA's Advisory Committee on Education provides an
important way for education experts to provide the VA Secretary with
feedback on veterans' issues in higher education. We see no reason that
this committee should not be made permanent.
We also suggest expanding this committee to include not just
``veteran representatives of the Global War on Terror,'' but
representatives of national organizations representing veterans,
survivors and military families of all generations who have used, are
using, or will use VA educational benefits; organizations should
qualify for consideration of membership in this committee only if they
have maintained a tax-deductible, not-for-profit status and have
maintained policy-focused staff in an office in the Washington, DC
region for at least six years.
Section 307. Department of Veterans Affairs Provision of On-Campus
Educational and Vocational Counseling for Veterans.
This section would codify VA's Veterans Success on Campus (VSOC)
program, which is administered and overseen by the Vocational
Rehabilitation and Employment Service (VR&E). There are currently 94
schools with a VSOC program, which provides a VR&E counselor at each
school to assist veterans with their transition from military to
college life. They also provide support and assistance needed to pursue
veterans' educational and employment goals.
VVA supports expansion of VSOC, which places experienced Vocational
Rehabilitation Counselors (VRCs) on campuses with high populations of
GI Bill users. VSOC counselors are an invaluable resource for student
veterans, particularly those with service-related illnesses and
injuries and those still struggling with their transition out of the
military. Placing VRCs on campus increases support for veterans in ways
that schools don't otherwise provide. VSOC counselors address questions
regarding VA educational benefits, health services, and general VA
benefits in addition to enrolling student veterans into the VA
healthcare system right there on campus.
The VSOC program, which began as a pilot in 2009, is currently on
94 campuses. This program has proven to be extremely beneficial to
veterans, and should be made permanent and expanded to wherever it is
practical to do so. Placing VSOC Counselors on campuses saves GI Bill
users countless hours traveling to VA facilities, helping them stay
focused on their studies.
Because VRCs currently have caseloads that far exceed recommended
levels, VVA hopes that Congress will work with the VA to ensure that
more VRCs are hired.
Section 308. Provision of Information Regarding Veteran Entitlement
to Educational Assistance.
This section would require VA to make available to educational
institutions the ability to view the remaining benefit amount for each
veteran attending that institution. This section would also allow the
veteran or their dependent (if they are a beneficiary of their GI Bill
benefits) to opt out of the school's ability to receive such
information from the VA.
VVA supports this provision which will allow school certifying
officials to provide GI Bill users more accurate counseling on
benefits. Ensuring that GI Bill beneficiaries and certifying officials
have information regarding eligibility ensures that veterans can plan
their education appropriately.
Section 309. Treatment, for Purposes of Educational Assistance
Administered by the Secretary of Veterans Affairs, of Educational
Courses that Begin Seven or Fewer Days after the First Day of an
Academic Year.
This section would provide more flexibility to school certifying
officials if the first day of a course does not start on the first day
of an academic term, by allowing the school certifying official to
certify the course as beginning onthe first day of the academic term
for purposes of certifying a veteran for GI Bill benefits.
Section 401. Eligibility of Reserve Component Members for Post 9/11
Educational Assistance.
This section would make individuals eligible for Post-9/11 GI Bill
benefits who have served and who will serve on 12304, 12304(a) and
12304(b) orders. Any active-duty service under these Reserve component
orders since the enactment of the Post-9/11 Veterans Educational
Assistance Act of 2008 would apply for such benefits going forward.
&
Section 402. Time Limitation for Training and Rehabilitation for
Veterans with Service- Connected Disabilities.
This section would also make the 12304, 12304(a) and 12304(b)
orders eligible for benefits under the Vocational Rehabilitation and
Employment program in chapter 31 of title 38, U.S.C.
VVA also supports sections 401 & 402, which seek to close
unintended loopholes created by the Armed Services Committees and the
Department of Defense in response to today's ever-changing global wars.
VVA would appreciate if the committee would consider amending this
legislation in a manner that would prevent DoD from creating new orders
that put troops downrange without allowing them to earn the eligibility
for the benefits they deserve.
Section 501. Repeal Inapplicability of Modification of Basic
Allowance for Housing to Benefits under Laws Administered by Secretary
of Veterans Affairs.
This section would be the offset for the package by realigning the
living stipend payments for those using the Post 9/11 GI Bill (E-5 with
dependents' rate) to the same Basic Allowance for Housing (BAH)
payments currently paid to active-duty service members at the E-5 with
dependents' rate. Several years ago, the annual percentage increase to
active duty BAH payments were reduced by 1 percent a year for five
years, but GI bill payments were exempt. This bill would re-align these
payments so that a GI Bill recipient would receive the same living
stipend per month as an E-5 active duty service member with dependents.
VVA believes that BAH across active duty and GI Bill users should
remain bound so that GI Bill recipients would receive the same living
stipend per month as an E-5 active-duty service member with dependents.
We believe that, in the context of this bill, the budget offset created
by this section is appropriate as it allows other sections of this bill
to invest in improving the GI Bill's implementation.
In conclusion, VVA is thankful to the members of the House
Committee on Veterans' Affairs, and to committee staff, for the time
and dedication that it took to develop what is truly a remarkable
bipartisan bill. We also thank Student Veterans of America and all of
the member organizations of the informal Forever GI Bill Coalition for
their role in seeing this bill develop. We look forward to enactment of
, and to future efforts to expand and improve the GI Bill. Most
importantly, we hope to see the committee address the fact that nearly
12 percent of veterans who were discharged between Fiscal Years 2011-
2015 left the service ineligible for the GI Bill.
VVA welcomes and will respond to any questions members of this
committee may have.
Letter to Chairman (AUSN)
The Honorable Gus Bilirakis
United States House of Representatives 2112 Rayburn House Office
Building Washington, D.C. 20515
On behalf of the Association of the United States Navy, we would
like to pledge our support for
H.R. 1994.
This bill would direct the Secretary of Veterans Affairs to make
improvements to the information technology system of the Veterans
Benefits Administration of the Department of Veterans Affairs.
Thank you for taking an active role in such an important issue to
the Military and Veteran community by working to improve the lives and
careers of those who served our great nation. Please feel free to
contact me with any questions or concerns at 703-548-5800 or at
[email protected].
Michael J. Little
Director of Legislative Affairs
Edward H. Hill, CAPT USN (ret) & Heidi B. Hill
To: Congressman Raul R. Labrador
Subj: TESTIMONY IN SUPPORT OF SHAUNA HILL POST 9-11 EDUCATION BENEFITS
TRANSERABILITY ACT
The Post 9-11 GI Bill is a fantastic benefit that our country has
provided to its veterans. We felt very fortunate to have this
opportunity, with the plan to assign the education benefits to my
daughter Shauna. We lost our beautiful Shauna due to an automobile
accident on December 10, 2012. She suffered in intensive care until
December 20th, when upon declaration of her being brain dead, we
proceeded with an organ donation process. Her heart, kidneys and liver
were provided to six recipients. We have met the heart recipient and to
this day have a relationship with the young lady and her family. Shauna
has left quite a legacy.
After Shauna's loss, I attempted to transfer the Post 9-11
Education benefits to my other daughter Haley. The VA said I was unable
to do this. Apparently, I needed to allocate at least some ratio of
benefits to every possible beneficiary if I wanted to change any
allocation ratios later. This was not communicated at the time of my
retirement. It was unclear why they would not make this simple change.
The bureaucratic machine would not budge, so I decided to contact
Congressman Raul Labrador to see if there was an alternative solution.
The feedback from Congressman Raul Labrador's staff was nothing could
be done. They communicated to me that the whole process seemed contrary
to the best interests of the veterans and it made no sense that the
policy of the assignment of benefits could be so unyielding. I
appreciated their efforts and thanked them. I had no inclination that
there would be any resolution to this issue and assumed that these
benefits were lost to me permanently.
Some months ago I was informed of the bill that Congressman
Labrador was going to submit to Congress. I was very pleased to hear
this as now this bureaucratic policy could be reevaluated and modified
to help other veterans that might befall a similar tragedy and also
suffer the inability to transfer their benefits. My other daughter has
graduated college, so there is no reassignment available for our
family, but there is an opportunity to fix this for another deserving
veteran family. With all the challenges facing veterans that served in
the conflicts over the last 15 years, it is paramount we do everything
we can to do what is right for these great Americans and their families
and the sacrifices they made.
My most heartfelt thanks to Congressman Labrador and his staff for
all their hard work in making this bill happen. I appreciate it and all
my fellow veteran brothers and sisters do too.
Very respectfully,
Edward H. Hill, CAPT USN (ret)
Scott Crawford
HIGH GROUND VETERANS ADVOCACY
Regarding
Reforming the Administration of the Joint Services Transcript and
Veterans' Affairs Education Benefits.
Chairman Roe, Ranking Member Walz, and other distinguished members
of the Committee on Veterans' Affairs:
Thank you for allowing me the opportunity to offer testimony
regarding a policy that will save tax dollars, help veterans reach
their educational goals, and prevent a substantial amount of waste
administering Department of Veterans' Affairs (VA) educational
benefits.
My policy proposal focuses on the Joint Services Transcript (JST).
The JST is a record administered by the Department of Defense that
lists training a service member received while in the military. The
American Council on Education (ACE) evaluates this training and
converts it into meaningful college credit hours that a veteran can
apply towards a degree. Over recent years, various initiatives have
improved both access to, and the value of, the JST. Despite this,
however, data suggest that around half of all veterans do not take
advantage of the JST by applying it toward the degree program for which
they use their GI Bill.
Currently, the Department of Defense maintains an online database
that provides easy access to a veteran's JST. \1\ The VA administers
educational benefits by requiring that eligible veterans complete an
authorization form for the allocation of benefits at the beginning of
each semester. I suggest that the VA use this authorization process to
also gain authorization to request the JST on a veteran's behalf, and
then subsequently send the JST to the same institution at which the
veteran requested their benefits be applied.
---------------------------------------------------------------------------
\1\ See JST System Online at https://jst.doded.mil/
---------------------------------------------------------------------------
After carefully evaluating the wasted benefits and tax dollars this
inefficiency causes, it seems apparent that the following law is
nothing short of good common sense.
LEGISLATIVE DRAFT SUGGESTION
S. -- -- -- -- - Joint Services Transcript Efficiency Act
This bill will direct the Department of Veterans' Affairs to
automatically and without undue delay send the Joint Services
Transcript to an eligible veteran's academic institution upon receiving
the appropriate authorization to disperse that veteran's education
benefit to said institution.
For the purposes of this bill:
The Joint Services Transcript is the transcript
authorized and described under 32 C.F.R. Sec. 68.3 (2014).
Veteran education benefit is any education benefit
authorized under Title 38 U.S.C.
Discussion - Analyzing Financial Impact
The majority of studies on which I relied during my research were
not designed to evaluate the impact of the JST. As such, the available
data was often incomplete or required some degree of speculation with
respect to the likely effects of this policy. Further, other variables
and projected benefits of this policy depend upon data that is either
non-existent or cannot not be known until the policy is implemented.
Acknowledging these limitations, I will do my best in the following
paragraphs to accurately analyze the potential impact of this policy
and identify unknown data that could affect it.
First, it is important to understand the distinction between waste
prevented and costs saved by this policy. Prevented waste strictly
refers to using GI Bill benefits on education that would have been
otherwise satisfied by the JST. Cost savings refers to actual dollars
that would not have been paid out had the veteran applied the JST. To
illustrate, see the following hypotheticals:
``Veteran A'' successfully transfers one semester of
credit hours to the college she attends using the JST. As a result,
three and a half years later she graduates a semester earlier than she
would have otherwise and still has remaining GI Bill benefits. She
never uses the remaining benefit. Result - One semester of cost savings
and prevented waste.
``Veteran B'' uses the JST to successfully transfer one
semester of credit hours to his college, but decides not to pursue a
degree after his first semester. Result - Zero cost savings, but one
semester of wasted benefits still prevented.
``Veteran C'' is just like ``Veteran A,'' except this
veteran exhaust the remaining GI Bill benefit for the first semester of
an advanced degree program. Result - Zero cost saving, but one semester
of wasted benefit still prevented.
Evaluation of Waste
Every year around 200,000 student veterans use the GI Bill for the
first time. \2\ Half of these veterans will never request that their
JST be applied to the academic institution they attend. \3\ This policy
will therefore primarily apply to the 100,000 who never request the
benefit.
---------------------------------------------------------------------------
\2\ http://benefits.va.gov/REPORTS/abr/ABR-Education-FY15-
02032016.pdf
\3\ Military Veterans' Experiences Using the Post-9/11 GI Bill and
Pursuing Postsecondary Education. A Study by the Rand Corporation - Pg.
32 PDF available at http://www.rand.org/content/dam/rand/pubs/
monographs/2011/RAND--MG1083.pdf
---------------------------------------------------------------------------
Veterans who do request the JST successfully transfer an average of
18 credit hours. We can therefore reasonably assume that the JST will
supplement at least one semester of college for most veterans. The cost
of one semester of college varies significantly, but the following are
national averages: Two-Year Public College?-?$1,750 (in-state), Four-
Year Public University?-?$5,000 (in-state), Private Non-Profit
University?-?$17,000, and Private For-Profit University?-?$8,000. \4\
---------------------------------------------------------------------------
\4\ National Tuition Averages available at https://
trends.collegeboard.org/college-pricing/figures-tables/average-
published-undergraduate-charges-sector-2016-17
---------------------------------------------------------------------------
By projecting data from previous studies, we can roughly estimate
how many veterans will attend each type of institution. Of the 100,000
veterans who never request a JST: 10,000 will attend a two-year public
institution, 54,000 will attend a four-year public university, 13,000
will attend a private non-profit university, and 21,000 will attend a
private for-profit university. Using this data, we can project a total
cost of $676,500,000 in tuition and fees spent on 100,000 veterans for
one semester of college. (This does not account for the Basic Housing
Allowance (BAH) or the book stipend that the GI Bill also provides.
These costs will be discussed in one of the following sections.)
In sum:
200,000 student veterans begin using GI Bill benefits
every year.
100,000 of these veterans never request their JST
On average, each veteran would have satisfied one
semester of school had it been requested.
Result - $676,500,000 of wasted benefits are spent
annually on tuition and fees alone.
Before evaluating the cost of BAH and the book stipend, it is
necessary to distinguish between those veterans who finish a degree
program and those who do not. When evaluating the cost of BAH and the
book stipend, this policy will have no cost savings for veterans who do
not complete their degree program (however, it would still prevent
wasteful spending). The money spent on BAH and the book stipend would
have been spent regardless with no lasting, material benefit. For this
reason, we will only account for veterans who complete their degree
programs when evaluating cost savings in relation to BAH and the book
stipend. 50% of veterans complete or graduate the education programs
they enter \5\. Accordingly, we can estimate that 50,000 of the 100,000
veterans annually who do not request their JST will complete their
degree or program.
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\5\ Military Veterans' Experiences Using the Post-9/11 GI Bill and
Pursuing Postsecondary Education. A Study by the Rand Corporation - Pg.
32-33, PDF available at http://www.rand.org/content/dam/rand/pubs/
monographs/2011/RAND--MG1083.pdf
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The national BAH average in the 2015-2016 fiscal year was just over
$1500 per month. This number will be used to evaluate cost. It should
be noted that the actual average paid out to GI Bill beneficiaries is
likely much higher, because veterans naturally attend schools in
urbanized areas with a much higher BAH rate. To arrive at a more
conservative estimate however we will assume this lower rate. For the
purposes of this evaluation, one semester of school will equal four
months (the average is closer to five months, but again, in the
interest of reaching a conservative estimate). In sum, over $6,000 per
semester is spent on BAH for every veteran. When applied to the 50,000
veterans who complete their degree each year, this results in a sum in
excess of $300,000,000.
In addition, the book stipend is $500 per semester. When applied to
50,000 veterans, this equates to another $25,000,000. Totaling
$325,000,000 paid out annually only to those veterans who complete
their degree program and never request the JST.
In sum: $325,000,000 of benefits are needlessly spent of BAH and
book stipend payments.
Potential Cost Savings
Considering only the 50% of veterans who finish their degree
program, $338,250,000 of benefits are spend on tuition and fees that
could have otherwise been satisfied had the JST been applied. Another
$325,000,000 is needlessly spent on BAH and book stipends. If every
veteran were like ``Veteran A'' from the hypothetical mentioned
earlier, then this would result in a total cost saving of $663,250,000
while still achieving the same educational goal. Of course, not every
veteran will leave their remaining benefit unused. This unknown is the
biggest variable with respect to the total cost savings potential of
this policy. Next, I will address several other variables that could
both positively and negatively impact savings.
In Sum: Potential Cost Savings of $663,250,000 Annually
Other variables and assumptions that will affect policy financial
benefits.
As previously mentioned, the single most important
variable that will dictate the cost savings potential of this policy
will be the number of veterans who leave their remaining benefits
unused. Despite this variable negatively affecting cost savings, it
remains a net positive. Allowing veterans the opportunity the preserve
some of their benefit to be applied toward an advanced degree is
exactly the kind of change we need to truly ``modernize'' the GI Bill.
We cannot know that every veteran will receive 18 credit
hours from the JST transcript. This is only an average based on the
relevant studies and data available. Some veterans may receive far
fewer hours. Others may have already taken basic college courses prior
to joining the military, thus rendering some credits from the JST
useless. On the other hand, the study from which I pulled this data was
conducted in 2011, and since then initiatives have been implemented to
improve the JST. Changes to the JST are ongoing to allow more academic
credit for different types of military training. It is possible that,
in the time intervening this study's completion, the average number of
credit hours transferred from the JST may have increased. If this were
the case, the financial benefits of this policy would prove even
greater. It is my hope that as future evaluations are done to more
accurately accredit military training, the benefits of this policy will
correspondingly increase.
Not all veterans attend education programs that would be
affected by the type of credits on the JST. For example, many technical
schools do not require any type of electives or basic educational
courses (these were the types of courses in my personal experience that
the JST fulfilled). These types of programs only account for a small
percentage of veterans utilizing their education benefits. But, this
would have a negative impact upon this policy's financial benefit. I do
not suspect any such impact would be significant, however, considering
the small number of veterans engaged in these types of programs.
Of those who do request the JST, many do not do so until
later in their academic career. Those veterans would benefit from this
policy as well, because had the JST been transferred at the onset of
their education, their academic advisors could have prevented them from
taking classes that had already been satisfied by military training.
This variable will likely increase the financial benefits of this
policy.
Research suggests that students who successfully transfer
prior learning credit to a two-year degree program are four times more
likely to graduate, and students in a four-year degree program are
twice as likely to graduate. \6\ It is unclear how these increased
graduation rates would apply to student veterans; however, this
variable seems to indicate that more veterans would finish their degree
programs. If we speculate that this is true, then it is plausible more
veterans will stay in school longer, use more of their benefits than
they would have otherwise, thus costing the VA to pay out more money in
education benefits. While this would negatively impact the financial
benefit of this policy, more veterans completing their degrees is a
positive thing. Moreover, it is almost certain that any additional cost
arising from this variable would be offset many times over by the other
financial benefits of this policy.
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\6\ See PDF, Pg. 35 http://cdn2.hubspot.net/hubfs/617695/premium--
content--resources/pla/PDF/PLA--Fueling-the-Race.pdf
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My evaluation of this policy's benefits only considered
the Post 9-11 GI Bill. While this benefit by far accounts for the
overwhelming majority of benefits paid out, the VA spends a significant
amount of money on others as well. This policy would also benefit those
programs. Accordingly, this policy would have more savings and waste
prevention if applied to other VA educational benefits.
There are a few other variables I did not expand on, but I
anticipate those to have a minimal affect. Further, there are
undoubtedly issues I have failed to identify, and I encourage anyone
involved to help identify any unknown variables.
In Conclusion
It is impossible to know the exact measure of positive benefits
this policy has in store. What is apparent, is that it is a good,
common sense measure to prevent waste, save money, and help veterans
use their education benefits more efficiciently.
I would like to thank Chairman Isakson, Ranking Member Tester and
other distinguished Members of the Committee on Veterans' Affairs.
Signed,
For further information, contact:
Scott Crawford
High Ground Veterans Fellow
[email protected]
Aleks Morosky
Chairman Roe, Ranking Member Walz, and Members of the Committee, on
behalf of the Military Order of the Purple Heart (MOPH), whose
membership is comprised entirely of combat wounded veterans, I thank
you for allowing us to testify today on H.R 3218, the Harry W. Colmery
Veterans Educational Assistance Act of 2017. MOPH strongly supports
this landmark legislation, which would accomplish many of our
legislative goals relating to veterans' education. These include
extending the Yellow Ribbon Program to Fry Scholarship recipients,
granting GI Bill eligibility to Reserve Component members activated
under 12304(a) and 12304(b) orders, restoring entitlement to education
assistance for veterans affected by school closures, and eliminating
the requirement that veterans use their education benefits within 15
years of discharge. While MOPH is proud to voice our support for these
and all other provisions of this important bill, we would like to focus
our statement on the section that most specifically affect MOPH
members, section 103, which would finally grant full education benefits
to all Post-9/11 Purple Heart recipients, regardless of the amount of
time they served on active duty.
There is no doubt that the Post-9/11 GI Bill is among the most
significant benefits available to current-era veterans. Its popularity
is also without question. According to research recently published by
Student Veterans of America, 347,564 student veterans have completed a
total of 453,508 post-secondary certificates or degrees using the Post-
9/11 GI Bill since its inception. While it is impossible to know at
this point what the long-term return on investment will be for the
program, MOPH is confident that it will eventually prove to have
contributed significantly to the American economy, similar to previous
iterations of the GI Bill. Simply put, when a veteran's military
experience is combined with quality higher education opportunities,
they are bound for success.
Still, there is room for improvement in the Post-9/11 GI Bill.
Since it first went into effect in 2009, there have been multiple
changes made to the program to address oversights in the original
legislation. MOPH strongly believes that Congress should act to improve
the Post-9/11 GI Bill once again to extend 100 percent eligibility to
all Post-9/11 Purple Heart recipients.
Currently, only veterans who either serve at least 36 months on
active duty or are discharged due to a disability receive Post-9/11 GI
Bill benefits at the 100 percent rate. Those who were not medically
discharged and serve less than 36 months receive only a portion of the
benefit on a prorated basis.
MOPH strongly believes that any veteran who sheds their blood for
our country on a Post-9/11 battlefield should be automatically granted
the full benefit of the GI Bill that bears the name of the era in which
they served. While we fully understand that there must be minimum
service requirements for any benefit as generous as the Post-9/11 GI
Bill, we firmly believe that every single current-era Purple Heart
recipient is equally as deserving as any other servicemember,
regardless of total time they served on active duty. Put another way,
MOPH strongly believes that any veteran who was wounded on the
battlefield has indeed already met the service requirement for full GI
Bill eligibility by virtue of their personal sacrifice in our nation's
efforts in fighting the Global War on Terror.
According to the report issued by the Congressional Budget Office
(CBO), it is estimated that 660 Purple Heart recipients would see
increased GI Bill benefits each year under this bill. While this is a
relatively low number as compared to overall GI Bill usage, we believe
it is certainly significant enough to warrant action by Congress. CBO
also estimates that the cost of this provision would be a relatively
modest $65 million over the next 10 years. Still, MOPH understands that
any new spending presents challenges in the current fiscal environment,
and we are grateful that other provisions of H.R. 3218 fully offset the
cost of section 103.
MOPH suspects that the majority of Purple Heart recipients who are
eligible for less than the full benefit are veterans of the Guard and
Reserve. Often activated only to deploy and then deactivated once they
return home, it is not unusual for combat veterans of the reserve
component to amass less than 36 months of active service before they
are discharged.
It is also not uncommon for Purple Heart recipients not to receive
medical discharges, even if their wounds are relatively severe. All too
often, veterans who are wounded close to the end of their enlistments,
or while on stop-loss, are simply discharged on schedule rather than
initiating the lengthy medical board process necessary for a medical
discharge. Anecdotally, we hear that this is also more common in the
Reserve Component.
To better illustrate our point, please consider the following
examples:
Servicemember A enlists in the U.S. Air Force for three years. She
is stationed at Dover Air Force Base where she works as a pay
distribution specialist. She serves honorably and is discharged at the
end of her three year term having never left the United States.
Servicemember A is eligible for the Post-9/11 GI Bill at the 100
percent benefit level.
Servicemember B enlists in the U.S. Navy, also for three years. He
is stationed at Naval Station Norfolk. One year into his assignment, he
steps in a pothole during a unit run, fracturing his ankle. His unit
initiates a medical board and it is determined that he can no longer
perform his duties as an electronics technician. Having never left the
United States, Servicemember B is granted a medical discharge and
becomes eligible for the Post-9/11 GI Bill at the 100 percent benefit
level.
Servicemember C is an infantryman in the Tennessee National Guard.
After spending five years drilling with his unit, he is activated for
the first time to deploy to Iraq at the height of the conflict. Ten
months into his one year deployment, his night patrol is stuck by a
command-detonated improvised explosive device, signaling the beginning
of an ambush by insurgents. Shrapnel from the blast rips into his lips,
exiting through his cheek and causing him to lose three teeth. After he
and his squad suppress the enemy, he is evacuated to Baghdad where he
receives a dozen stitches in his face, a partial denture, and a Purple
Heart. After being allowed to convalesce for two weeks, a medical
officer determines that he can still perform his duties as an
infantryman. He rejoins his unit, and returns home two months later.
Having completed his six year enlistment, he is discharged honorably.
Since only 12 months of his service was spent on active duty,
Servicemember C becomes eligible for the Post-9/11 GI Bill at only the
60 percent benefit level.
In using these examples, we are in no way implying that
Servicemembers A and B are somehow undeserving of the benefits for
which they qualify. All honorable service to our country is commendable
and should be rewarded. We are only trying to illustrate how a Purple
Heart recipient who serves less than 36 months on active duty and is
not medically discharged is at least equally as deserving.
However, examples of how this legislation would help Purple Heart
recipients are not only hypothetical. Consider the case of Sergeant
Jonathan Goldman of Boston, Massachusetts, a veteran of the U.S. Marine
Corps Reserve and Operation Iraqi Freedom. On September 4, 2006 while
serving in Iraq with the 1st Battalion, 25th Marine Regiment,
Jonathan's vehicle was struck by an improvised explosive device,
injuring him and two other Marines. For his wounds, included a
concussion, burns to his face and arm, an ankle injury, and shrapnel to
his left knee, he was awarded the Purple Heart. Fortunately, he was
able to remain with his unit, which redeployed November of 2006, at
which time he was separated from active duty. Although he spent a total
of six years in the Marine Corps Reserve, less than one year of that
time was on active duty, while deployed to Iraq. As a result, Jonathan
qualified for only 60 percent of the Post-9/11 GI Bill.
Another example is that of Sergeant Adrian Aranda of El Paso,
Texas. Adrian served a total of four years on active duty in the United
States Marine Corps, separating in June 2002, and was among the first
U.S. service members to deploy to Afghanistan following 9/11. On
December 16, 2001, while serving with the 15th Marine Expeditionary
Unit, his foot patrol was struck by a land mine, wounding him and two
other Marines. For his injuries, which included shrapnel wounds to his
left arm, back, and both legs, a fractured left hand, minor burns,
hearing impairment, and a traumatic brain injury, he was awarded the
Purple Heart. Following his recovery, Adrian was separated honorably
from the Marine Corps the following year. However, since most of his
time on active duty was served prior to September 11, 2001, he was
awarded only 50 percent of the Post-9/11 GI Bill.
In our view, our nation must do better by wounded warriors like
Jonathan and Adrian. Although they were both eventually able to
complete degrees using the diminished GI Bill eligibility, they both
suffered unnecessary financial hardships in doing so. We believe it is
also worthy to note that being wounded on the battlefield tends to
present additional readjustment challenges for transitioning veterans,
and we believe that Congress and the American people must do all they
can to ensure Purple Heart recipients have access to the best
educational opportunities possible when they return home. In light of
this, MOPH strongly urges the Committee to advance the Harry W. Colmery
Veterans Educational Assistance Act of 2017 without delay.
Chairmen Roe, Ranking Member Walz, this concludes my statement. On
behalf of the Order, I thank you for the opportunity to submit our
statement, and would be happy to answer any questions for the record
that you or other Members of the Committee may have.
National Guard Association Of The United States
July 17, 2017
Dear Chairman Roe, Ranking Member Walz, and other distinguished
members of the House Veterans' Affairs Committee:
Introduction:
On behalf of the almost 45,000 members of the National Guard
Association of the United States and the nearly 500,000 soldiers and
airmen of the National Guard, we deeply appreciate this opportunity to
share with you our thoughts on the Harry W. Colmery Veterans
Educational Assistance Act of 2017 for the record. We also thank you
for the tireless oversight you have provided to ensure accountability
and improve our nation's services to veterans and their families.
In my testimony, I would like to focus on a key provision this
legislation seeks to correct, which has plagued the soldiers and airmen
of the National Guard since 2012. I would like to express my deepest
gratitude to this Committee for its bipartisan efforts in proposing a
resolution to ensure Post-9/11 G.I. Bill eligibility for members of the
National Guard when deployed under 10 U.S.C. Sec. 12304b status. This
is not just a benefit-parity issue. It is a question of fairness.
Passing this bill will not only help ensure the men and women of the
National Guard accrue Post-9/11 G.I. Bill benefits in the same manner
as their active duty counterparts but will further support the soldiers
who protect our nation.
Duty Status Reform and Benefit Parity:
Since our inception in 1878, ensuring benefit eligibility and
equity for the men and women of the National Guard has been one of
NGAUS' primary functions. I would be remiss if I did not point out that
historically, benefits for servicemembers, most notably through the
1944 G.I. Bill, were not constructed nor viewed as entitlements.
Rather, the G.I. Bill and related legislative efforts were solely
focused on reintegrating the men and women of the armed forces
following the horrors of World War II and helping them to become
successful, contributing members of American society.
Since establishing the 12304b authority in 2012 to give Combatant
Commanders greater authority to utilize the Reserve Component,
thousands of our members have been deployed on operations to support
the Multinational Force Observers mission in the Sinai, Egypt, NATO's
Operation Joint Guardian in Kosovo, and most recently the European
Reassurance Initiative countering Russian aggression in Eastern Europe.
The Guard and Reserve forces have provided a cost-effective means of
meeting the needs of Combatant Commanders and have provided important
experience and expertise. We are also aware of the Department of
Defense's continued utilization of this authority as evidenced by
proposed increases in Guard and Reserve deployments under 12304b moving
forward.
However, when the 12304b authority was established, it failed to
make important changes to 5 U.S.C., 37 U.S.C., 38 U.S.C. and 10 U.S.C.
As such, health, education, leave, pay, and retirement benefits equal
with active component troops serving the same functions have been
denied to Guard and Reserve Component soldiers serving under the 12304b
authority. While our constituency wants to serve in any capacity, we
believe that they should be afforded benefits such as: tuition
assistance, early retirement credit, transitional healthcare access,
and Post-9/11 G.I. Bill benefits currently not funded under 12304b
status.
I also want to reiterate the linkage between the 12304b benefit
inequity and the readiness of our Guard and Reserve Component soldiers
and airmen. If the next 15 years in utilization of the Guard and
Reserve look anything like the past 15 years, the likelihood is that
these soldiers and airmen and the members of the other services are
going to be incredibly busy in virtually every corner of the globe.
Unless people dig into the intricacies of all the benefits that they
are not being afforded under this status, they may not understand that
it turns into a readiness issue. As these soldiers and airmen come out
of one mobilization, as they are going through the reintegration
process, they are actually preparing and becoming ready for the next
mobilization. This is an issue that the country needs to pay closer
attention to because the readiness of those forces are intrinsically
tied to the benefits that they are not currently receiving under 12304b
orders.
As you know, the National Defense Authorization Act of 2016
requires the Department of Defense to consolidate the thirty-two
statutory authorities by which members of the reserve component may be
ordered to perform duty. While we appreciate the Department's ongoing
efforts, NGAUS remains deeply concerned that the implementation of duty
status reform will take numerous years and prevent thousands of
additional Guardsmen and Reservists from receiving the same benefits as
their active duty counterparts.
While the Harry W. Colmery Veterans Educational Assistance Act of
2017 does not correct every facet of benefit disparity for Guardsmen
and Reservists deployed under 12304b orders, we are extremely grateful
that this legislation includes full eligibility for the Post-9/11 G.I.
Bill for those who have served under 12304b, 12304a and 12301h orders.
Furthermore, NGAUS appreciates the inclusion of a provision to provide
full Post-9/11 G.I. Bill eligibility to Purple Heart Recipients. I
would also like to endorse the provision in the proposed legislation
that would increase eligibility for those who have served less than 36
months on active duty service by eliminating the 40% tier and bumping
these individuals up to the 50% tier while making the current 50% tier
equal to 60%. This will have a positive impact for thousands of our
members and greatly improve their educational opportunities.
Conclusion:
I thank you all again for allowing NGAUS to submit written
testimony to this Committee and for your introduction of the Harry W.
Colmery Veterans Educational Assistance Act of 2017. We urge your
colleagues in the House to pass this crucial legislation that will
correct numerous benefit inequities and provide increased educational
opportunities for our citizen-soldiers. I look forward to continuing
our work together and cannot thank you enough for your steadfast
leadership in advocating for the men and women of the National Guard.
Veterans Education Success (VES)
H.R. XXXX, the ``Harry W. Colmery Veterans Educational Assistance Act
of 2017"
Chairman Roe, Ranking Member Walz and Members of the Committee on
Veterans Affairs,
Veterans Education Success (VES) appreciates the opportunity to
share its views on H.R. XXXX, the ``Harry W. Colmery Veterans
Educational Assistance Act of 2017'' under consideration at today's
hearing.
VES is a nonprofit 501c(3) organization dedicated to protecting the
integrity and promise of the GI Bill and other federal educational
programs for veterans and service members; and, supporting student-
veterans who have lost GI Bill entitlement through no fault of their
own either because they were defrauded or their school closed.
VES receives no grants or funding from the Federal Government.
VES is very grateful to the leadership, Members and staff of the
Committee for its extraordinary work on this landmark legislation. In
concert with 37 other veteran and military groups, we particularly are
thankful for the Sections concerning:
defrauded veterans at closed schools (with modification)
- Section 107
Purple Heart recipient entitlement--Section 103
National Guard / Reserves call-up entitlement - Sections
101, 402 and 403, and
A Yellow Ribbon matching authority for the Fry
Scholarship program for Survivors - Section 108
We are also deeply appreciative of the unprecedented extension of
unused GI Bill benefits over the lifetime of future veterans. These and
other improvements in the legislation honor the legacy of the creator
of the historic WWII GI Bill, Harry W. Colmery of the American Legion.
COMMENT ON SELECTED PROVISIONS IN THE ``HARRY W. COLMERY VETERANS
EDUCATIONAL ASSISTANCE ACT OF 2017
Section 101. Consideration of Certain Time Spent Receiving Medical
Care from Secretary of Defense as Active Duty for Purposes of
Eligibility for Post-9/11 Educational Assistance.
This section would add time spent on active duty under orders
authorized by section 12301(h) of Title 10, U.S.C., as qualifying time
for the Post-9/11 GI Bill. These particular orders are used when a
National Guardsman or Reservist is receiving medical care or is
recovering from active duty wounds, illness or injury. VES strongly
supports Section 101.
Section 102. Consolidation of Eligibility Tiers under Post-9/11
Educational Assistance Program of the Department of Veterans Affairs.
This section would authorize additional GI Bill funding for members
of the National Guard and Reserve. This section would increase the
amount of money/eligibility that individuals receive who serve at least
90 days but less than 6 months on active duty from 40% to 50% benefit
payable. It would also increase the amount of money/eligibility that
individuals receive who serve at least 6 months but less than 12 months
from 50% to 60% benefit payable. VES supports Section 102.
Section 103. Educational Assistance Under Post-9/11 Educational
Assistance Program for Members of the Armed Forces Awarded the Purple
Heart.
This section would extend full eligibility for the Post-9/11 GI
Bill to any Purple Heart recipients since September 11, 2001.
Currently, only veterans who serve either at least 36 months on
active duty or are medically 1retired receive Post-9/11 GI Bill
benefits at the 100 percent rate. Those who were not medically retired
and serve less than 36 months receive only a portion of those benefits
on a prorated basis. Unfortunately, this leaves out many Purple Heart
recipients, particularly from the Reserve Component, who were wounded
on Post-9/11 battlefields, but were activated for less than three years
in total. VES strongly supports Section 103.
Section 104. 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.
This section would allow certain members of the Reserve component
to transfer into the Post-9/11 GI Bill who lost educational assistance
benefits when Congress repealed the Reserve Educational Assistant
Program (REAP). VES strongly supports Section 104.
Section 105. Calculation of Monthly Housing Stipend under Post-9/11
Educational Assistance Program Based on Location of Campus where
Classes are Attended.
This section would change the way living stipend amounts are
calculated, from the current rule that says the living stipend payment
is based on where the school is located to instead having the payment
calculated based on where the student attends the majority of their
classes. VES is grateful to the Committee for its attention to the
problem of predatory colleges gaming the housing allowance to induce
enrollments. VES is concerned that the current bill is still open to
abuse by bad-actor schools. VES suggests, as an alternative, that the
Committee direct VA to review its present methodology and make
recommendations to Congress within three months of the date of
enactment of this legislation.
Section 106. Charge to Entitlement for Certain Licensure and
Certification Tests and National Tests under Department of Veterans'
Affairs Post-9/11 Educational Assistance.
This section would change the current rules that require veterans
be charged an entire month of entitlement to pay for any national test
(GMET, GRE, SAT etc.) or test that is required for state licensing.
Instead of a full month of entitlement the bill would require that the
test be pro-rated to the amount of the actual cost of the test. VES
supports Section 106.
Section 107. Restoration of Entitlement to Post-9/11 Educational
Assistance for Veterans Affected by Closures of Educational
Institution.
This section would restore one semester of entitlement to
individuals when their school closes during the course of a semester.
This section would also authorize additional living stipend payments to
be paid to students whose school during the course of a semester for no
more than 4 months, or the length of the semester, where they were
attending training.
VES is appreciative of the Committee's desire to help defrauded
veterans at closed schools. Thousands of student veterans and their
families who were enrolled in ITT Tech and Corinthian colleges, now
closed, have lost vital GI Bill benefits through no fault of their own.
It is worth bearing in mind that, at the time of its closure, ITT
Tech credits were generally not respected or accepted for transfer by
other schools. Indeed, the event precipitating ITT's closure (namely,
the Education Department's request for an additional letter of credit
and demand that ITT stop enrolling new students) was imposed because
ITT had failed to answer ITT's accreditor's demand that ITT ``show
cause'' why it should remain accredited, in light of evidence of
substandard quality.
This provision is in need of a technical fix because ITT Tech
closed in-between terms, not during the course of the term. Therefore,
ITT Tech student-veterans would not be authorized the relief envisioned
in the provision, contrary to the Committee's intent.
Moreover, VES respectfully submits that the Committee's
reinstatement of only one semester of entitlement is insufficient to
veterans who have lost their entire GI Bill through no fault of their
own. Thirty-eight leading veterans and military service organizations
wrote to the Committee on June 5, 2017 \1\, asking the Committee to
favorably report HR 1216, which reinstates full GI Bill benefits to
veterans at closed schools - and the letter recommended to make it
retroactive to also cover veterans at shuttered Corinthian Colleges.
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\1\ See Letter to Chairman Phil Roe and Ranking Member Tim Walz
from 38 veterans and military service organizations, June 5, 2017,
available at https://static1.squarespace.com/static/
556718b2e4b02e470eb1b186/t/59358ee63e00be856f3addb6/1496682216257/
GI+Bill+2017+Asks+-+letter--signed.pdf
---------------------------------------------------------------------------
As an alternative, VES respectfully urges the Committee to consider
mirroring the U.S. Education Department's method of handling Closed
School Discharges of student loans (available at 34 CFR 685.214). The
Education Department's policy for students with Title IV loans makes
sense: no loan discharge if a student benefited from the credits he
earned at the closed school either through a teach-out arranged by the
school or by transferring those credits to a comparable program at a
new school. For veterans who were enrolled in closed schools, this
would translate to reinstatement of GI Bill benefits under Title 38.
The veteran would get total reimbursement of her GI Bill if she enjoyed
no benefit from the closed-school credits. It would enable veterans who
are left behind with lost GI Bill benefits to start over, as other
students can, and reach their goals.
VES has been in contact with nearly 1,000 veterans from ITT Tech
and Corinthian, and is advising them on actions they may be able to
take regarding their benefits.
Veterans regularly describe to VES various false statements that
their school made in order to persuade them to enroll. For example,
many veterans describe how their school inflated its job placement
rates or the efforts it puts into finding students jobs. Many also
report that their school misled them about the accreditation status of
its programs or whether its credits transfer to other schools. Many
veterans describe how their school promised them that the GI Bill would
cover their entire education, only to be told later that they would
need to take out loans in order to complete their education. Some even
describe learning that officials at their school falsified federal aid
applications by forging their names on loan applications.
One veteran told us that his school said it had a 93% job placement
rating, and promised that he would have access to a nationwide network
of employers. That veteran told us, ``It wasn't until near the end of
my schooling that I began to realize that a lot of the training I was
getting was outdated, in some instances by a few years, and that I had
a long way to go until I was up to par with the industry standards. I
also found out that . . . my program had a success rate of only 38%. I
have student loans that I am going to be paying off for years and
really I have nothing to show for it.''
Another veteran, Travis, attended ITT Tech. Travis asks, ``Why was
I getting outdated material? Why were instructors not even competent in
what they teach? How could I know more about the subject than my own
instructor? This was MADNESS!'' He goes on, ``What more can we do about
this because at the end of the day the veterans are the ones taking the
biggest hit! Lost GI Bill that we can't recoup, lost time away from
family and friends and nothing to show for it! What about my time going
to this school, sleepless nights studying for exams and finals, driving
to school, driving home from school? As Veterans, the Education system
has to do more for us! They should give us our time back towards our GI
Bill that was used. Maybe in the future they will look more into these
schools so this type of thing never happens again!"
Those veterans are just a few examples of thousands who served
their country, chose to use the educational benefits they earned in the
military in order to transition into civilian life, yet later
discovered that their school defrauded them, provided a subpar
education, and in some cases could not even keep its doors open. Along
with wasting their GI Bill benefits, many of these veterans are now
saddled with overwhelming student loan debt. As Travis told us, ``It's
affecting me as well as other veterans. Sometimes just dwelling on it
brings me to tears because, in reality, at the end of the day, you
honestly feel like a failure. You try so hard to get your education in
order and then this happens.''
VES respectfully recommends the Committee allocate funding from the
`STEM' provision (Section 110) to provide fuller reinstatement of
benefits. VES can support a modified Section 107 as discussed above.
Section 108. Inclusion of Fry Scholarship Recipients in Yellow
Ribbon GI Education Enhancement Program.
This section would extend the Yellow Ribbon Program to students
receiving GI Bill payments through the Fry Scholarship program and
those who received a Purple Heart after September 11, 2001. Fry
recipients are surviving dependents of servicemembers who died while
serving on active duty. VES strongly supports Section 108.
Section 109. Additional Authorized Transfer of Unused Post-9/11
Educational Assistance Benefits to Dependents upon Death of Originally
Designated Dependent.
This section would allow a veteran to transfer remaining months of
GI Bill entitlement to another dependent if the dependent who
originally received the transferred benefits dies before that person
can use all of the benefits. The section would also allow a dependent
to transfer remaining months of GI Bill entitlement to another
dependent after the death of the servicemember or veteran. VES supports
Section 109.
Section 110. Edith Nourse Rogers STEM Scholarship.
This section would authorize VA to provide additional GI Bill funds
to certain student veterans enrolled in academic programs in science,
technology, engineering or math degrees. They would be eligible to
apply for the program, which would pay for the lesser of nine
additional months of Post-9/11 GI Bill or a lump sum of $30,000. The
amount of money that could be spent on this program would not exceed
$100,000,000 in any one fiscal year. The estimated cost of Section 110
is approximately $1 billion over ten years.
VES remains concerned about the STEM provision and believes it
fundamentally alters the longstanding principle of equal benefits for
equal service rendered to the nation by members of our Armed Forces.
VES appreciates the intent of this provision. It would further the
career goals of certain veterans who pursue STEM degrees and
potentially benefit the economy over time. These are certainly laudable
goals.
However, the provision would overturn a fundamental principle of
all GI Bill programs extending back more than 70 years, namely, that
all veterans are entitled to the same basic benefits under the GI Bill
for the same service rendered to the nation.
With those benefits, veterans are free to pursue any course of
study or training approved for the GI Bill that meets their personal
and career needs. No veteran should get additional basic benefits on
the basis of their field of study or training.
Section 110 would establish a policy that alters this longstanding
principle of benefit equity. In effect, it would say that some fields
of study are inherently more valuable, thereby relegating non-STEM
pursuit to a lesser level of importance to the nation.
A second order consequence of the provision is that lawmakers may
be tempted in the future to lower (or raise) entitlement to the GI Bill
based on the attributed worth of a program of study. What happens, for
example, if STEM degrees fall out of favor or are not seen as important
to the economy as business degrees, for example?
Similarly, an unintended consequence of the Section may be to
incentivize colleges to artificially increase their tuition, fees and
credit requirements. Thus, this provision may create waste, fraud, and
abuse - all to the benefit of bad actors. Predatory schools have been
known in the past to artificially increase their tuition to take
advantage of additional benefits. This was well-documented following
the Vietnam War and more recently.
We note that the nation's finest STEM programs such as at the
Massachusetts Institute of Technology and Carnegie Mellon do not
require additional time to graduate, raising the question of the
necessity of this provision.
There is also a current mechanism for the proposed objective -
additional entitlement - at least in part. Veterans with multiple GI
Bill program entitlement may use up to 48 months of benefits. For
example, Montgomery GI Bill (Chap. 30, 38 USC) participants can use up
to 12 months of entitlement and make an irrevocable election for the
P911 GI Bill benefit and have 36 months of remaining entitlement for a
total of 48 months of benefits. In fairness to all veterans, Section
107 should be reconciled with current statutory authorities on multiple
benefit program entitlement.
Finally, VES is concerned that Section 110 creates a permanent
authority for STEM enhanced benefits under new Section 3320, 38 USC.
Over time, we believe the mere assumption that a STEM program benefit
hike is deserved or needed will be challenged by veterans taking other
courses of study. After all, a recent study showed that 53% of GI Bill
users graduate with a degree in business. Are they less worthy of
enhanced benefits?
If the Committee proceeds with this initiative, VES respectfully
recommends as an alternative a 5-year pilot program along the lines of
the ``coding boot camps'' provision in Section 114 to measure degree
completions and employment outcomes in STEM fields.
VES also respectfully recommends that some of the funding for
Section 110 - approximately $1 billion over 10 years - be applied to
fully restore lost entitlement for defrauded student veterans (Section
107) and to increase entitlement for Survivors under Section 203.
VES is unable to support Section 110.
Section 111. Honoring the national service of members of the Armed
Forces by elimination of time limitation for use of entitlement.
This section would eliminate the current time limitation to use the
GI Bill for new members of the Armed Forces. Student veterans currently
have 15 years from the date of their last active duty discharge to use
the benefit.
This provision offers enormous potential for supporting future
veterans over their lifetime by allowing them to apply unused GI Bill
entitlement at various times as their careers, personal needs and
aspirations change.
The provision also offers an historic opportunity for the Armed
Forces to offer a more compelling enlistment incentive for young
Americans contemplating military service. VES strongly supports Section
111.
Section 112. Monthly Stipend for Certain Members of the Reserve
Components of the Armed Forces Receiving Post-9/11 Educational
Assistance.
This section would require VA to pro-rate the GI Bill housing
stipend provided to National Guard and Reserve members who are called
up for active duty during the middle of a month. Current law prohibits
them from pro-rating the stipend so if the reservist is on active duty
orders for even one day of a month they lose the entire months' worth
of VA housing allowance. VES supports Section 112.
Section 113. Improvement of Information Technology of the Veterans
Benefits Administration of the Department of Veterans Affairs.
This section would authorize $30 million to improve GI Bill claims
processing and complete their rules-based processing system for these
claims. VES recommends the Committee ensure the $30 million funding for
upgrading educational claims processing technologies is earmarked so
that the Dept. of Veterans Affairs is prohibited from applying the
funding elsewhere in the general operating accounts of the Dept. VES
supports Section 113.
Section 114. Department of Veterans Affairs High Technology Pilot
Program.
This section would authorize VA to conduct a 5-year pilot program
that would provide veterans the opportunity to enroll in high
technology courses (coding boot camp, IT certifications etc.). VA would
enter into contracts with these schools or programs and would provide
tuition and fees payments on a sliding scale that incentivizes the
schools to graduate the student and ensure they find a job in their
field of study. The section would also authorize a living stipend
payment equal to the Post-9/11 rate to students while they are using
the benefit. Section 114 does not alter GI Bill statutes under Title 38
since the VA will manage the pilot programs directly with contractors.
VES appreciates the Committee's inclusion of some quality controls in
the authorizing language. VES respectfully urges the Committee to
require VA to develop criteria to preclude participation in the pilot
by low-quality coding boot camp programs. This can be done without
burdening VA by requiring VA to limit its selection to programs that
submit evidence to VA their program is recognized and accepted by
leading technology employers as sufficient for employment in the field
of study.
VES also suggests that the 3-year report to Congress, like the 5-
year report to Congress, include whether graduates obtained employment
for at least 6 months, and, in both the 3-year and 5-year reports, that
employment be clarified to mean ``in the field of study.''
VES supports Section 114 provided the additional safeguards noted
above are added.
Section 201. Work Study Allowance
This section would repeal the sunset date in the law that allows VA
work-study benefits for outreach to student veterans and to assist
State Approving Agencies. VES supports this provision.
Section 202. Duration of Educational Assistance under Survivors'
and Dependent' Educational Assistance Program (DEA).
This section would change the number of months of entitlement for
individuals who become eligible for the Survivors' and Dependents'
Educational Assistance Program from 45 months to 36 months. This would
re-align this program with other GI Bill programs that provide 36
months of eligibility for educational assistance. This change would
only apply to individuals that become entitled to this program on or
after August 1, 2018.
VES notes that the original intent for a 45-month pro-rated
entitlement was to enable Survivors coping with their loss while often
juggling multiple career and family responsibilities to complete their
educations or training. VES recommends the Committee carefully consider
the views of the Tragedy Assistance Program for Survivors (TAPS) on
Section 202.
Section 203. Olin E. Teague Increase in the Amounts of Educational
Assistance Payable Under Survivors' and Dependent' Educational
Assistance Program (DEA).
This section would increase the monthly payment for educational
assistance provided under Survivors' and Dependent' Educational
Assistance Program by $200 a month.
When Congress enacted the Post 9/11 GI Bill in 2008, it also
increased Montgomery GI Bill (MGIB) benefits by 20%. Because no
matching increase was made to DEA, Survivors and their dependents were
left behind. Over time, the value of their benefits has fallen further
behind since the annual COLA adjustments, if any, are applied to a
smaller base amount. VES strongly supports Section 203. We also
recommend an additional increase to DEA to close the gap with the MGIB
by re-allocating some funding from the STEM provision - Section 110 -
to this section (See comment on Section 110).
Section 301. State Approving Agency Funding.
This section would increase the funding out of VA's mandatory
account for the State Approving Agencies (SAA) from $19 million a year
to $21 million a year. The section also would authorize VA to provide
an additional $3 million a year to the SAAs out of the Department's
discretionary account; and, beginning in fiscal year 2019, require VA
to provide a cost of living adjustment increase to the SAAs budget in
an amount that equals the same percentage increase as benefits provided
under the Social Security Act. VES strongly supports Section 301.
Section 302. Authorization for Use of Post-9/11 Educational
Assistance to Pursue Independent Study Programs at Certain Educational
Institutions that are Not Institutions of Higher Learning.
This section would allow an eligible individual to use their GI
Bill benefit for an accredited independent study program (including
open circuit television) at an educational institution that is an area
career and technical education school or a postsecondary vocational
school providing postsecondary level education.
VES is concerned that this provision unwittingly invites predatory
behavior by schools offering subpar quality. We recommend quality
controls be added. Specifically, the Committee should require that VA
put the burden on the school to submit evidence that its program of
independent study is recognized and accepted by the regional business
area in which the student is located as sufficient for employment in
the field of study. In addition, just as the Committee required in its
recent Career Ready Student Veterans Act, enacted as part of the
Miller-Blumenthal Omnibus in December 2016, the Committee should
require that accreditation be either national or regional (since the
current drafting would exclude regionally-accredited schools, which
include most public and non-profit schools), and that the institution
providing the program not provide any commission, bonus, or other
incentive program based directly or indirectly on success in securing
enrollments. VES does not support the provision in its current form.
Section 303. Provision of Information on Priority Enrollment for
Veterans in Certain Courses of Education.
This section would require VA to include on its GI Bill College
Comparison Tool, information on whether a school has a priority
enrollment system in place that allows veterans to enroll in courses
earlier than other students attending the school. VES supports Section
303.
Section. 304. Limitation on Use of Reporting Fees Payable to
Educational Institutions and Sponsors of Programs of Apprenticeship.
This section would allow VA to provide a fee to schools or a
sponsor of a program of apprenticeship for the reports or
certifications that these institutions are required to submit to VA
about the individuals at their school receiving GI Bill benefits. This
section would require VA to provide $16 to the institution for each
individual that they certify as using GI Bill benefits at their
institution. This section would also require that schools with 100 or
more enrollees using GI Bill benefits, may not use the funds received
by the institution from the reporting fees for the institution's
general fund and that these funds may only be used for veterans
programs at that institution. VES supports Section 304.
Section 305. Training for School Certifying Officials.
This section would require VA, in consultation with the SAA's, to
provide requirements for training for school certifying officials at
educational institutions that are approved for GI Bill benefits. This
section would also allow VA to disapprove a course of education if a
school does not ensure that the school certifying official meets the
training requirements.
Section 305 implements a GAO recommendation (GAO Report 16-42) to
reduce the incidence of overpayments under the GI Bill. The VA
identified $416 million in Post-9/11 GI Bill overpayments in fiscal
year 2014, affecting approximately one in four veteran beneficiaries
and about 6,000 schools according to the Report.
The GAO noted that ``[O]verpayments also occur when schools make
errors, such as reporting enrollment information incorrectly, which VA
officials said is sometimes attributable to a lack of training. For
example, some school officials routinely made systematic errors
reporting enrollment information, creating thousands of dollars in
overpayments. Not all school officials attend the different training
opportunities VA offers and VA officials said the agency lacks the
authority to require school officials to participate in any of them. VA
officials said they would like school officials to take a minimum level
of training, which could help reduce errors and related overpayments.''
[emphasis added]. VES strongly supports Section 305.
Section 306. Extension of Authority for Advisory Committee on
Education.
This section would extend the authority for VA's Advisory Committee
on Education from December of 2017 through to December of 2022. VES
supports Section 306.
Section 307. Department of Veterans Affairs Provision of On-Campus
Educational and Vocational Counseling for Veterans.
This section would codify VA's Veterans Success on Campus (VSOC)
program, which is administered and overseen by the Vocational
Rehabilitation and Employment Service (VS&E). There are currently 94
schools with a VSOC program, which provides a VR&E counselor at each
school to assist veterans with their transition from military to
college life as well as who provide the support and assistance needed
to pursue their educational and employment goals. VES supports Section
307 and strongly recommends the Committee direct the VA to rapidly
expand the VSOC program to campuses that have a minimum number of
enrolled veterans.
Section 308. Provision of Information Regarding Veteran Entitlement
to Educational Assistance.
This section would require VA to make available to educational
institutions, the ability to view the remaining benefit amount for each
veteran attending that institution. This section would also allow the
veteran or her dependent (if they are a beneficiary of their GI Bill
benefits) to opt out of the school's ability to receive such
information from VA. VES supports Section 308.
Section 309. Treatment, for Purposes of Educational Assistance
Administered by the Secretary of Veterans Affairs, of Educational
Courses that Begin Seven or Fewer Days after the First Day of an
Academic Year.
This section would provide more flexibility to the school
certifying officials if the first day of a course does not start on the
first day of an academic term, by allowing the school certifying
official to certify the course as beginning on that day first day of
the academic term for purposes of certifying a veteran for GI Bill
benefits. VES supports Section 309.
Section 401. Eligibility of Reserve Component Members for Post 9/11
Educational Assistance.
This section would make individuals eligible for Post-9/11 GI Bill
benefits who serve under Sections 12304, 12304a or 12304b 10 USC
orders. Any active duty service under these Reserve component orders
retroactive to the date of enactment of the Post-9/11 Veterans
Educational Assistance Act of 2008 would apply for such benefits going
forward.
In 2012 Congress authorized the Secretary of Defense and Service
Secretaries to more easily access the Reserve forces. In addition to
call-ups in law for ``national emergencies'' and ``contingency
operations,'' the Pentagon may call Guard and Reserve service members
to active duty for missions that are ``pre-planned and budgeted,''
i.e., such missions do not require formal action by Congress or the
Commander in Chief.
Since enactment of the law-change, the Services have steadily
increased their reliance on pre-planned and budgeted call-ups of the
Guard and Reserve. Section 401 is extremely important to the nations'
``total force'' policy and to the morale and, ultimately, the readiness
of our Reserve forces.
As a matter of principle and fairness to our nation's ``operational
Guard and Reserve'' men and women, there is no reason to exclude them
from GI Bill entitlement simply because they serve under the `wrong'
orders. VES strongly supports Section 401.
Section 402. Time Limitation for Training and Rehabilitation for
Veterans with Service-Connected Disabilities.
This section would also make Sections 12304, 12304a and 12304b 10
USC orders eligible for benefits under the Vocational Rehabilitation
and Employment program in chapter 31 of title 38, U.S.C. VES strongly
supports Section 402.
Veterans Education Success appreciates the opportunity to submit
our views on H.R. XXXX, the ``Harry W. Colmery Educational Benefits Act
of 2017. VES respectfully requests inclusion of this Statement in the
official record of this hearing; and, we thank the Chairman, Ranking
Member and Members of the Committee for their enduring interest in and
support of our nation's service men and women, veterans, survivors and
their family members.