[Congressional Record Volume 165, Number 85 (Tuesday, May 21, 2019)]
[House]
[Pages H4048-H4051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXEMPTING CERTAIN TRANSFERS OF FUNDS TO DEPARTMENT OF VETERANS AFFAIRS
FROM CERTAIN PROVISIONS OF THE ECONOMY ACT
Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1947) to amend title 38, United States Code, to exempt
transfers of funds from Federal agencies to the Department of Veterans
Affairs for nonprofit corporations established under subchapter IV of
chapter 73 of such title from certain provisions of the Economy Act, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1947
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXEMPTION OF CERTAIN TRANSFERS.
Section 7364(b)(1) of title 38, United States Code, is
amended by adding at the end the following new sentence:
``Any amounts so transferred after September 30, 2016, shall
be available without regard to fiscal year limitations,
notwithstanding section 1535(d) of title 31.''.
SEC. 2. IMPROVEMENTS TO ASSISTANCE FOR CERTAIN FLIGHT
TRAINING AND OTHER PROGRAMS OF EDUCATION.
(a) Use of Entitlement for Private Pilot's Licenses.--
Section 3034(d) of title 38, United States Code, is amended--
(1) in paragraph (1) by striking the semicolon and
inserting the following: ``and is required for the course of
education being pursued (including with respect to a dual
major,
[[Page H4049]]
concentration, or other element of a degree); and'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Accelerated Payments for Flight Training.--Section 3313
of such title is amended by adding at the end the following
new subsection:
``(l) Accelerated Payments for Certain Flight Training.--
``(1) Payments.--An individual enrolled in a program of
education pursued at a vocational school or institution of
higher learning in which flight training is required to earn
the degree being pursued (including with respect to a dual
major, concentration, or other element of such a degree) may
elect to receive accelerated payments of amounts for tuition
and fees determined under subsection (c). The amount of each
accelerated payment shall be an amount equal to twice the
amount for tuition and fee so determined under such
subsection, but the total amount of such payments may not
exceed the total amount of tuition and fees for the program
of education. The amount of monthly stipends shall be
determined in accordance with such subsection (c) and may not
be accelerated under this paragraph.
``(2) Educational counseling.--An individual may make an
election under paragraph (1) only if the individual receives
educational counseling under section 3697A(a) of this title.
``(3) Charge against entitlement.--The number of months of
entitlement charged an individual for accelerated payments
made pursuant to paragraph (1) shall be determined at the
rate of two months for each month in which such an
accelerated payment is made.''.
(c) Flight Training at Public Institutions.--Subsection
(c)(1)(A) of such section 3313 is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively;
(B) by striking ``In the case of a program of education
pursued at a public institution of higher learning'' and
inserting ``(I) Subject to subclause (II), in the case of a
program of education pursued at a public institution of
higher learning not described in clause (ii)(II)(bb)''; and
(C) by adding at the end the following new subclause:
``(II) In determining the actual net cost for in-State
tuition and fees pursuant to subclause (I), the Secretary may
not pay for tuition and fees relating to flight training.'';
and
(2) in clause (ii)--
(A) in subclause (I), by redesignating items (aa) and (bb)
as subitems (AA) and (BB), respectively;
(B) in subclause (II), by redesignating items (aa) and (bb)
as subitems (AA) and (BB), respectively;
(C) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively;
(D) by striking ``In the case of a program of education
pursued at a non-public or foreign institution of higher
learning'' and inserting ``(I) In the case of a program of
education described in subclause (II)''; and
(E) by adding at the end the following new subclause:
``(II) A program of education described in this subclause
is any of the following:
``(aa) A program of education pursued at a non-public or
foreign institution of higher learning.
``(bb) A program of education pursued at a public
institution of higher learning in which flight training is
required to earn the degree being pursued (including with
respect to a dual major, concentration, or other element of
such a degree).''.
(d) Certain Programs of Education Carried Out Under
Contract.--Section 3313(c)(1)(A)(ii)(II) of title 38, United
States Code, as added by subsection (c)(2)(E), is amended by
adding at the end the following new item:
``(cc) A program of education pursued at a public
institution of higher learning in which the public
institution of higher learning enters into a contract or
agreement with an entity (other than another public
institution of higher learning) to provide such program of
education or a portion of such program of education.''.
(e) Application.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date of the enactment of this Act.
(2) Special rule for current students.--In the case of an
individual who, as of the date of the enactment of this Act,
is using educational assistance under chapter 33 of title 38,
United States Code, to pursue a course of education that
includes a program of education described in item (bb) or
(cc) of section 3313(c)(1)(A)(ii)(II) of title 38, United
States Code, as added by subsections (c) and (d),
respectively, the amendment made by such subsection shall
apply with respect to a quarter, semester, or term, as
applicable, commencing on or after the date that is two years
after the date of the enactment of this Act.
SEC. 3. PROVISION OF INSCRIPTIONS FOR SPOUSES AND CHILDREN ON
CERTAIN HEADSTONES AND MARKERS FURNISHED BY THE
SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 2306 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(j)(1) In addition to any other authority under this
section, in the case of an individual whose grave is not in a
covered cemetery (as that term is defined in subsection
(f)(2)) and for whom the Secretary has furnished a headstone
or marker under subsection (a) or (d), the Secretary, if
feasible and upon request, may replace the headstone or
marker to add an inscription for the surviving spouse or
eligible dependent child of such individual following the
death of the surviving spouse or eligible dependent child.
``(2) If the spouse or eligible dependent child of an
individual referred to in paragraph (1) predeceases the
individual, the Secretary may, if feasible and upon request,
include an inscription for the spouse or dependent child on
the headstone or marker furnished for the individual under
subsection (a) or (d).''.
(b) Application.--Subsection (j) of section 2306 of title
38, United States Code, as added by subsection (a), shall
apply with respect to an individual who dies on or after
October 1, 2019.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P.
Roe) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 1947, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Permission for Committee on Veterans' Affairs to File Supplemental
Report on H.R. 1947
Mr. TAKANO. Madam Speaker, I ask unanimous consent that the Committee
on Veterans' Affairs be authorized to file a supplemental report on the
bill, H.R. 1947, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this comprehensive legislation addresses funding for
VA research and gives the VA authority to work with grieving families
to memorialize their loved ones. It also closes a loophole that has
allowed contracted flight schools to charge public schools unlimited
tuition and fees to train veterans using the GI Bill.
The first section of the measure addresses VA research. VA's Office
of Research and Development improves the lives of veterans, contributes
to the national public health, and develops lifesaving biomedical
breakthroughs that change the world.
In its 90-year history, the VA's medical and prosthetic research has
produced some of the world's greatest advances. The VA developed the
pacemaker in 1960 and the shingles vaccine in 2005. It created an
effective smoking cessation program and increased life expectancy for
people with spinal cord injuries.
VA researchers were responsible for beginning the first international
antiretroviral drug therapy trial to find the optimal treatment for
patients with AIDS, for whom all therapy had failed.
These research efforts usually aren't performed alone. They are often
in collaboration with nonprofits, universities, other Federal agencies,
and international bodies.
When research is funded from non-VA grants, it is managed by a for-
profit corporation, otherwise known as an NPC, established at a VA
Medical Center, which allows flexible research funding.
Last year, the VA's Office of General Counsel uncovered an
appropriations law limitation that prevents funding transfers to these
nonprofit research corporations for longer than 1 fiscal year. This has
negatively affected several ongoing multiyear projects across the
country.
[[Page H4050]]
Dr. Roe's legislation, H.R. 1947, as amended, would provide explicit
authority for NPCs to administer research funding without regard to
fiscal year limitations.
To ensure this legislation does not raise spending, section 2
addresses a loophole in GI Bill flight school benefits.
This loophole had been exploited by flight schools that had
contracted with public institutions of higher learning to offer flight-
related degrees. In some cases, bad actors were exploiting GI benefits
that resulted in the VA paying out over $500,000 in tuition and flight
payments to one student.
H.R. 1947 fixes this loophole by marrying the cap on tuition at
private institutions with a cap on flight school tuition at public
institutions.
In addition, to ensure that the fewest possible students are
impacted, the legislation also includes a provision to allow flight
school students to accelerate their GI Bill benefits. This will allow
them to be better used for flight school, which is regularly more
expensive but takes fewer months to complete.
Finally, section 3 of H.R. 1947, as amended, authorizes VA to replace
a veteran's headstone or marker in a private cemetery so that an
inscription may be added to remember a deceased spouse or a child
following their deaths.
Madam Speaker, I thank Representative LaMalfa for introducing the
original legislation and Ranking Member Roe for offering the
legislation as an amendment during markup.
This bill is another example of our committee working on a bipartisan
basis to get it right for all veterans.
This legislation allows veterans to memorialize their loved ones in
the way they want and where they want. Every veteran deserves to know
that their wish to be remembered in perpetuity alongside spouses and
their children will be granted. The same is true for surviving spouses
and children who want reassurance that they, too, will be memorialized
with their veteran spouse or parent.
Madam Speaker, I thank Dr. Roe for his tireless efforts to care for
veterans, and I commend him on this bill. I look forward to joining him
in voting ``yes'' on this legislation.
Madam Speaker, I reserve the balance of my time.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield myself as much
time as I may consume.
Madam Speaker, I rise today in support of my bill, H.R. 1947, as
amended.
This bill would address a limitation in current law that prevents
funding from being transferred to the Department of Veterans Affairs
nonprofit research and education corporations, or NPCs, for longer than
1 fiscal year.
{time} 1730
NPCs were established by Congress in the late 1980s to provide a
flexible funding mechanism to support research. Collectively, they have
contributed more than $2 billion to VA research projects over the last
decade.
However, last year, VA's Office of the General Counsel uncovered a
legal limitation that prevents funding from being transferred to the
NPCs for longer than 1 fiscal year. This upturned years of practice by
the NPCs and threatened a number of ongoing research projects across
the country that could benefit veterans and all Americans.
Madam Speaker, I have been involved in a number of research projects
over the years, and they just don't go for 365 days. Many of them go
for years and years. This bill would correct that limitation and
preserve the ability of the NPCs to support important multiyear
research projects.
Additionally, H.R. 1947, as amended, includes a provision from
Representative LaMalfa's bill, H.R. 1126, the Honoring Veterans'
Families Act.
Currently, VA is authorized to add a memorial inscription for a
veteran's deceased spouse or eligible dependent child to a VA-furnished
marker, but only if they are buried in a national cemetery or a State
or Tribal veterans cemetery. Unfortunately, VA cannot provide this
benefit to veterans and their families if they are buried elsewhere,
such as a private or local cemetery. H.R. 1947, as amended, would
address this problem by allowing VA to memorialize a veteran's deceased
spouse or certain children on the veteran's marker, regardless of where
they choose to be laid to rest.
The cost of this bill will be paid for by closing a loophole in GI
Bill rules related to flight schools by capping the total tuition and
fees that can be used at a public school for flight training at the
current private school cap of $23,671 per year. The bill would
authorize a 2-year grandfather clause so that no current students are
impacted by this change.
It also includes provisions that would make it easier for students to
attend flight training by removing the prohibition against GI Bill
funds paying for a private pilot's license and giving students the
option to accelerate their GI Bill benefits to pay for the increased
cost associated with flight training.
These changes to flight training for the GI Bill have had wide
bipartisan and veteran service organization support in the past, and I
am pleased that they are included in this bill.
I encourage all Members to support H.R. 1947, as amended.
I thank the chairman for his kind comments and support of this bill.
Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I have no further speakers, and I am
prepared to close.
Madam Speaker, I reserve the balance of my time.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield 2 minutes to
the gentleman from California (Mr. LaMalfa), my good friend and an
author of one part of this bill.
Mr. LaMALFA. Madam Speaker, I thank Ranking Member Roe and Chairman
Takano for including my legislation, H.R. 1126, within H.R. 1947. It is
greatly appreciated. This is an oversight that was pointed out by
northern California veterans to me a while back, the choice of being
able to have a family member, a spouse, inscribed on a grave marker,
simply the difference being that it is in a Federal cemetery or one
that is private. That is really the bottom line on this.
This bill changes that oversight so that the choice can be at any
recognized cemetery. That is simply what we are after: to have our
veterans who have served us honorably know that, when they are at their
final resting place, that this oversight cannot happen for their family
member that they held so dear to share that gravestone with them.
So, whether it is a private cemetery or a VA, or whatever other type
you might have as your choice, veterans need to have this choice as
well.
Madam Speaker, I thank Ranking Member Roe and Chairman Takano for
including this so we can take care of this oversight quickly and have
our veterans have the choices that they feel they deserve and, indeed,
do deserve. I appreciate it.
Mr. TAKANO. Madam Speaker, I continue to reserve the balance of my
time.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield 4 minutes to
the gentleman from Arizona (Mr. Gosar), my good friend and Western
Caucus chair.
Mr. GOSAR. Madam Chair, I rise not against this bill, but I have
concerns about a provision capping the veterans' training benefits.
This severely undermines the important goal of helping our Nation's
veterans enter a field where they are desperately needed.
H.R. 1947 does have needed improvements for structural veteran flight
training benefits. This includes an accelerated payment provision to
provide greater flexibility and a more efficient funding mechanism to
help veterans complete their flight training.
The bill also provides coverage for obtaining a private pilot's
license when it is incorporated into the requirements of a professional
flight training program.
Additionally, this action provides flexibility to public schools,
allowing them to contract for flight training, which, in turn, makes
aviation training more available to interested veterans.
There is improved fiscal responsibility by the government, and there
is strong support for tightening the existing regulations of the
Department of Veterans Affairs to curb abuses by a minority of flight
schools affiliated with collegian degree programs. However, the bill
caps payments for flight
[[Page H4051]]
training programs, which unfairly impacts the ability of veterans to
pursue well-paying jobs in the civilian aviation sector.
Capping funds available for flight training degree programs virtually
guarantees that veterans seeking to use their GI Bill benefits to enter
the aviation industry will have insufficient funds to achieve their
goals. They will either abandon their pursuit or be burdened with
significant personal debt through either expenditure of personal funds
or taking on severe student loans. This will harm veterans and limit
their employment opportunities in the aviation industry.
It is unfair and discriminatory to single out these funding caps for
veterans seeking employment in aviation. These caps deprive them of the
ability to pursue collegian flight training, a common path to a career
as a commercial pilot.
I hope this provision can be addressed prior to finding its way to
the President. These jobs in aviation are in high demand, and our
veterans are some of the most deserving and most needed.
Mr. TAKANO. Madam Speaker, I continue to reserve the balance of my
time.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I have no further
speakers, am prepared to close, and I yield myself such time as I may
consume.
Before I yield back, I do want to express my disappointment that H.R.
2196 is not on the floor for consideration this afternoon. This bill,
introduced by my friend and outstanding new member of our committee,
Congressman Barr from Kentucky, would clarify the eligibility of the
Edith Nourse Rogers STEM Scholarship program. This scholarship, which
was enacted as part of the Forever GI Bill, authorizes extra GI Bill
funding to help student veterans complete their undergraduate degrees
in the science, technology, engineering, and math, STEM, fields.
Madam Speaker, we all know that there is a need to fill vacancies for
high-paying jobs in the STEM fields. The Smithsonian Science Education
Center found STEM-related jobs grew at three times the rate of non-STEM
jobs between 2000 and 2010. By 2018, they projected that 2.4 million
STEM jobs would go unfilled.
The Edith Nourse Rogers STEM Scholarship program is critical to
ensure that veterans are the ones who fill these vacancies. However,
the way the original law was drafted, it would unintentionally prevent
most students from using this scholarship in all but a few STEM
programs.
With the scholarship going live on August 1, 2019, I am grateful to
Mr. Barr for quickly stepping up to the plate to offer this bill to
ensure students are eligible for it.
We all know that the Senate generally takes longer to review
legislation than the House. Let me repeat that. We all know that the
Senate generally takes a lot longer to review legislation than the
House does. That is why, with the August 1 deadline approaching
quickly, I was hopeful we could consider this legislation today. The
bill has gone through full regular order, is supported by VA and
veterans service organizations, and has no cost.
I would ask the chairman if he would please work with the majority
leader to schedule this bill for consideration immediately after the
Memorial Day district work period.
Before I yield back, next Monday is Memorial Day. For me, personally,
I want to thank all of the members of the Veterans' Affairs Committee,
the chairman and others, as you have seen today, for the work they have
done in a bipartisan way to help our Nation's heroes.
As I said, for me, personally, as a veteran, this is a very difficult
day because it is a day that we mourn the loss of veterans who served
on Active Duty and paid the ultimate price. I want to just mention a
few names of people.
First, Sergeant Thomas E. Thayer, a tremendous man whom I knew as a
young boy growing up. He was my Scout master. He was in the 101st
Airborne and was killed in Vietnam, receiving the Silver Star in 1965.
Johnny Parham, who was also an Eagle Scout, as I am. Johnny and I ran
on the 2-mile relay team together in high school. I have to say, we
were pretty good. Johnny died in 1969 in Vietnam and was unable to have
the wonderful life that I have had, to be able to raise a family, have
children and grandchildren, because of service to our Nation.
Bob Perry, a young man whom I went to elementary school with all the
way through high school. I found out at my high school reunion many
years later that Bob also died in Vietnam.
We just heard today, Chief Petty Officer Bill Mulder, a highly
decorated Navy SEAL who protected this Nation, giving up his life
because of, really, the invisible wounds of war.
I just want to thank all of those who paid the ultimate price for our
freedom. Thank you, thank you, thank you.
Madam Speaker, I yield back the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I ask my colleagues to join me in passing H.R. 1947.
Before I close, let me say that I appreciate the kind words of the
ranking member, Dr. Roe of Tennessee, and I associate myself with his
eloquent tributes to his classmates and the people who did not get to
live the full lives that he, himself, has been able to live.
I, myself, have also known people who have served our country and who
have also paid the ultimate price. I certainly do share his sentiments
as we enter this Memorial Day weekend, as all Americans reflect on the
ultimate sacrifice of all the people buried in our national cemeteries
and cemeteries that aren't national cemeteries that are marked by VA
grave markers.
It is always a poignant moment to walk through my national cemetery
and to watch the Girl Scouts and the Cub Scouts planting American flags
on each and every grave and to see it all happen within 20 minutes
because there are so many Americans who want to come to my cemetery to
make sure that every grave is honored.
To my colleague from Tennessee, I wish him a pleasant Memorial Day
weekend, but, also, to all Americans, let us reflect on what Memorial
Day weekend does mean to our Nation.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, H.R. 1947, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
title 38, United States Code, to exempt transfers of funds from Federal
agencies to the Department of Veterans Affairs for nonprofit
corporations established under subchapter IV of chapter 73 of such
title from certain provisions of the Economy Act, and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________