[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[House]
[Pages H7133-H7134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INCLUDING ADDITIONAL PERIODS OF ACTIVE DUTY SERVICE IN DEPARTMENT OF 
          VETERANS AFFAIRS VOCATIONAL REHABILITATION PROGRAMS

  Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5538) to amend title 38, United States Code, to 
provide for the inclusion of certain additional periods of active duty 
service for purposes of suspending charges to veterans' entitlement to 
educational assistance under the laws administered by the Secretary of 
Veterans Affairs during periods of suspended participation in 
vocational rehabilitation programs.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5538

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H7134]]

  


     SECTION 1. INCLUSION OF CERTAIN ADDITIONAL PERIODS OF ACTIVE 
                   DUTY SERVICE FOR PURPOSES OF SUSPENSION OF 
                   CHARGES TO ENTITLEMENT DURING PERIODS OF 
                   SUSPENDED PARTICIPATION IN DEPARTMENT OF 
                   VETERANS AFFAIRS VOCATIONAL REHABILITATION 
                   PROGRAMS.

       Section 3105(e)(2) of title 38, United States Code, is 
     amended by striking ``or 12304'' and inserting ``12304, 
     12304a, or 12304b''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Roe) and the gentleman from California (Mr. Takano) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
insert extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 5538.
  Under current law, if a member of the Guard or Reserve is called to 
Active Duty under certain orders while receiving training through the 
Department of Veterans Affairs Vocational Rehabilitation and Employment 
program, the charges for that training are waived. However, those 
charges are not waived for members of the Guard or Reserve who are 
called up under orders regarding emergency response or augmentation of 
overseas combat forces. This creates a disparity.
  H.R. 5538 would address that disparity and level the playing field by 
waiving training charges for all servicemembers, regardless of which 
Active-Duty orders they are serving under.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1830

  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5538, the Reserve Component 
Vocational Rehabilitation Parity Act.
  This bill protects an overlooked provision related to our National 
Guard and Reserve servicemembers who are mobilized under 12304b 
authorities. This bill allows servicemembers to pause the clock on the 
12-year limit to use vocational rehabilitation programs while mobilized 
on Active Duty orders. Currently, this is allowed for mostly 
mobilization authorities, but this particular authority was overlooked. 
Simply, the bill adds to 12304a and 12304b authorities to the 12304 
provision already listed within the statute.
  This is an important fix because of the increased use of 12304b 
authority by the Department of Defense over the past few years, and the 
increases planned for the future. As we move the Reserve components 
from a strategic reserve to an operational reserve concept, it is 
critically important that we modernize our statutes to ensure benefits 
parity while servicemembers are in uniform. This is a step in the right 
direction.
  With this bill, Congress has the opportunity to be proactive, instead 
of reactive, to the needs of our servicemembers.
  Mr. Speaker, I thank Mr. Peters for bringing this issue forward and 
identifying a fix. He is a reliable and critical advocate for our 
country's National Guard and Reserve servicemembers. I also thank Mr. 
Bergman for reaching across the aisle and joining Mr. Peters in 
introducing this bill. And I thank the co-chairs of the House's 
National Guard and Reserve Components Caucus, Mr. Walz and Mr. Palazzo, 
for supporting the initiative. Lastly, I thank the six other members of 
our committee who were original cosponsors of the bill, including Mr. 
O'Rourke, Ms. Brownley, and Ms. Kuster.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield 5 minutes to the gentleman from 
California (Mr. Peters), a member of the Veterans' Affairs Committee, 
the author of this bill, and my good friend.
  Mr. PETERS. Mr. Speaker, I thank Mr. Takano for yielding. I 
appreciate his commitment to improving the lives of veterans, their 
families, and the communities. The Reserve Component Vocational 
Rehabilitation Parity Act, my bill before the House today, aims to 
continue investing in veterans, specifically those still fighting for 
our Nation.
  Our veterans have served our country, and it is our duty to make sure 
they can access the resources that they have earned. Many guardsmen and 
reservists have realized that they didn't qualify for all their 
benefits after the Department of Defense began using their new 
authority created to call up Reserve components for involuntary 
service. This new authority unintentionally excluded these reservists.
  Thankfully, Ranking Member Walz and Mr. Palazzo took the lead to fix 
several of these inconsistencies. We passed a few of these fixes in the 
Forever GI Bill last year. This week, we are also passing other bills 
to make sure benefits are properly extended.
  One unresolved issue, though, was access to vocational 
rehabilitation. This VA program provides access to education and 
critical job training that helps servicemembers and veterans develop 
their career plan after service.
  Vocational rehab helps veterans determine transferable skills that 
will lead to good jobs and what additional skills they need to fulfill 
their career goals.
  Upon separation, a veteran must use his or her vocational rehab 
benefits within 12 years. Any months or years spent deployed should not 
count against this time clock.
  Currently, two reservists serving side by side in Active Duty may not 
have access to the same vocational rehab benefits just because of the 
authority under which they have been mobilized. Additionally, 
reservists involuntarily called up may be leaving their family or a 
civilian job without notice, compared to a reservist who volunteered.
  In both cases, these guardsmen and reservists served honorably in 
missions to support combat zones. They have earned the same employment 
and education benefits as every other reservist throughout their 
service.
  My bill, the Reserve Component Vocational Rehabilitation Parity Act, 
ensures that reservists and guardsmen have access to the full 12 years 
of vocational rehab benefits by pausing the clock during their service.
  I am happy to have received the support of the National Guard 
Association of the United States and the Reserve Officers Association 
in this effort.
  I urge Congress to pass this bill so that all of our veterans can 
access the education benefits they earned.
  Mr. Speaker, I thank General Bergman, who joined me to introduce this 
bill, and seven of our committee colleagues who cosponsored the bill, 
as Mr. Takano said. I also thank Chairman Roe, a wonderful chairman; 
Ranking Member Walz; and the Veterans' Affairs Committee staff for 
their steadfast work to support our Nation's veterans.
  Mr. Speaker, I thank my colleagues for their strong support of the 
bill, and I urge its passage.
  Mr. ROE of Tennessee. Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I urge my colleagues to join me in passing 
H.R. 5538, and I yield back the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I thank Mr. Peters for bringing up 
this much-needed piece of legislation and correcting this inequity. It 
wasn't intended, but now this Congress has a chance, in a bipartisan 
way, to correct this.
  Mr. Speaker, I encourage all Members to support H.R. 5538, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Roe) that the House suspend the rules and 
pass the bill, H.R. 5538.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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