[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.

                          ____________________