[House Report 116-76]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-76
======================================================================
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
_______
May 20, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Takano, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1947]
The Committee on Veterans' Affairs, to whom was referred
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, having considered
the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 4
Hearings......................................................... 7
Subcommittee Consideration....................................... 9
Committee Consideration.......................................... 9
Committee Votes.................................................. 9
Committee Oversight Findings..................................... 9
Congressional Budget Office Estimate; Committee Cost Estimate;
and New Budget Authority....................................... 10
Statement of General Performance Goals and Objectives............ 10
Earmarks and Tax and Tariff Benefits............................. 10
Federal Mandates Statement....................................... 10
Advisory Committee Statement..................................... 10
Constitutional Authority Statement............................... 10
Applicability to Legislative Branch.............................. 10
Statement on Duplication of Federal Programs..................... 11
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill as Reported............. 12
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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,
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.
Amend the title 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.
Purpose and Summary
H.R. 1947, as amended, would (1) allow funds transferred to
non-profit corporations established under section 7364 of title
38 to administer those funds without regard to fiscal year
limitations; (2) cap the tuition and fee payments for flight
school training programs at public institutions of higher
learning under the Post 9/11 G.I. Bill, and (3) authorize VA to
inscribe information remembering spouses or children on the
headstones or markers of veterans interred in non-VA
cemeteries.
Representative David P. Roe of Tennessee introduced H.R.
1947 on March 28, 2019.
Background and Need for Legislation
I
The Department of Veterans Affairs (VA) has a statutory
mission to conduct research to more effectively care for
veterans and contribute to the nation's understanding of
disease and disability.\1\ In its more than 90-year history,
VA's medical and prosthetic research program has led to
numerous discoveries and advances including the development of
the pacemaker in 1960\2\ and the approval of the shingles
vaccine in 2005.\3\
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\1\38 USC 7303.
\2\Hiroko Beck et al., 50th Anniversary of the First Successful
Permanent Pacemaker Implantation in the United States: Historical
Review and Future Directions, 106 The American Journal of Cardiology
(2010).
\3\MN Oxman et al., A vaccine to prevent herpes zoster and
postherpetic neuralgia in older adults, N Engl J Med (2005).
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In 1988, Congress authorized the establishment of non-
profit corporations (NPCs) at VA medical centers to provide a
flexible funding mechanism to support VA research.\4\ NPCs are
non-profit, state-chartered entities that accept and administer
funds from federal and private sector sources. There are
currently 83 NPCs affiliated with the VA healthcare system and,
collectively, they have contributed more than $2 billion to VA
research over the last ten years.
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\4\38 USC Sec. 73, subchapter IV.
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Typically, when VA receives research funding from a non-VA
source--such as the National Institutes of Health or the
Centers for Disease Control and Prevention--those funds are
transferred by VA to the NPC to administer. In 2018, however,
VA's Office of General Counsel uncovered an appropriations law
limitation that prevents funding from being transferred to the
NPCs for longer than one fiscal year. This has negatively
impacted several ongoing, multi-year research projects across
the country. This legislation would provide explicit authority
for NPCs to administer amounts transferred to them without
regard to fiscal year limitations.
II
Section 102 of the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010 (P.L. 111-377) modified the
Post-9/11 G.I. Bill so that students attending public
institutions of higher learning under the Post-9/11 G.I. Bill
are eligible to receive the total net cost of in-state tuition
and fees after the application of tuition and fees waivers,
scholarships, or other federal, state, institutional, or
employer-based aid or assistance. Students attending non-public
institutions of higher learning are eligible for the lesser of
the tuition and fees net cost after application of waivers,
scholarships, or $23,805. The cap is also subject to an annual
cost-of-living-adjustment increase. This was a change from the
original Post-9/11 G.I. Bill that capped tuition and fees at
the highest in-state tuition rate per state regardless of
whether the student was attending a public or non-public
institution of higher learning.
At the Subcommittee on Economic Opportunity oversight
hearing on November 19, 2014, entitled, ``The Role of State
Approving Agencies in Ensuring Quality Education Programs for
Veterans,'' the National Association of State Approving
Agencies (NASAA) testified that it was concerned that changes
made to the Post 9/11 G.I. Bill were encouraging some public
institutions to contract with third-party flight schools for
expensive flight or helicopter training. Since these private
flight schools contracted with public schools, these private
contractors were no longer limited in the tuition and fees they
could charge since the statute only requires that schools
charge the in-state tuition rate. Consequently, some veterans
were receiving GI Bill benefits totaling well over $100,000 for
flight training, far exceeding what would be received if the
private school cap of $23,805 were applied.
As part of its legislative package presented to the
Subcommittee at this hearing, NASAA recommended that the
Subcommittee try to rein in this extravagant spending and place
a cap on flight training at public institutions. This same
sentiment was echoed at this hearing, and subsequent hearings
during the 115th and 116th Congress, by VA and witnesses
representing several leading veteran service organizations. In
its written statement, during the Subcommittee on Economic
Opportunity hearing on November 11, 2014, VA expressed concern
that many public schools were using P.L. 111-377 to get around
the current cap on vocational flight training, stating:
``There has been a significant increase in flight training
centers, specifically those that offer helicopter training,
which have contracted with public [Institutions of Higher
Learning (IHLs)] to offer flight-related degrees. Sometimes
these programs charge higher prices than those that would be
charged if the student had chosen to attend the vocational
flight school for the same training. This practice allows the
flight schools to receive payments above the academic year
tuition and fee cap imposed by statute, which is currently
$11,562.86. If those same classes are included in a public IHL
degree program, VA can pay up to 100 percent of the in-state
tuition and fee charges. This does not appear to be consistent
with the intent of Congress as it relates to flight programs.''
VA also included a legislative proposal in its previous
budget submissions to place the same cap on flight training as
is currently in place for private, non-profit, and for-profit
institutions. As a result of the proposal from VA, as well as
concerns expressed by NASAA and veterans groups, section 2
would cap tuition and fee payments for flight training at
public schools at $23,805, which is the same tuition and fee
cap for all private for-profit and non-profit institutions.
Like the cap for-profit and private institutions cap, the
public school flight school cap would also be subject to the
cost of living adjustment.
This section would also prohibit students from taking
flight training at a public institution as an elective course
and would grandfather students currently in flight training
programs for two years following enactment. The Committee
believes this grandfather clause is important to cover current
students who enrolled in these programs with the understanding
that their tuition and fees would be completely paid for under
the Post-9/11 G.I. Bill. The section also subjects all public
school third-party contracted programs to the same cap.
The Committee has carefully studied and debated the
application of the cap, and understands that application of the
cap would change the funding model for some flight schools
under the Post-9/11 G.I. Bill. The Committee, however, is
concerned that the sharp growth in these programs and the
undeniable increase in the cost of flight training following
the enactment of P.L. 111-377 shows that there have been some
who have found this loophole in the law and exploited it.
Data supports application of the cap to address
exploitation by some flight schools. Between FY 2013 and FY
2014, the number of students taking flight training increased
by only 171 students, or 9 percent. In comparison, the total
cost to taxpayers for this program grew by $37 million, or 87
percent, during this same period. Data also show that in one
case in FY 2014, VA paid over $534,000 in tuition and flight
payments for one student that year. In a story in The Los
Angeles Times on March 15, 2015, entitled, ``U.S. Taxpayers
Stuck with the Tab as Helicopter Flight Schools Exploit GI Bill
Loophole,'' the owner of one of these schools essentially
admitted to exploiting the loophole by stating, ``Because there
was no cap, we started to one-up each other . . . You kind of
end up with an arms race.''\5\
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\5\Zarembo, Alan. ``U.S. taxpayers stuck with the tab as helicopter
flight schools exploit GI Bill loophole,'' Los Angeles Times, March 15,
2015.
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Although the Committee understands that many of the past
abuses in this program have been curtailed due to enforcement
of existing regulations by VA, there is still no statutory
limitation that keeps programs like these or other industries
from taking advantage of this loophole in the future. The
Committee believes that paying these unrestrained costs was
never the intent of the Post-9/11 G.I. Bill. By implementing
this cap, Congress would be curbing the potential for further
abuse of this program and leveling the playing field for this
program with the cap on tuition and fee payments authorized for
private schools.
The Committee also recognizes that the cost of flight
training at some institutions can be significantly higher than
the proposed private school cap. To ensure that flight training
is still an option for veterans, this section would also
eliminate the current prohibition on using GI Bill funds to pay
for training that leads to a private pilot's license. By
lifting this prohibition, this section would remove a barrier
to entry to aviation careers while keeping the requirements
that such training be used towards a goal of receiving training
towards a vocation in aviation and not be used as elective
training. The Committee has been told by the flight industry
that most flight training programs can be completed in two
years. To help meet the higher cost of flight training and meet
this compressed timeline, this section would also authorize
student veterans to accelerate their payments under the Post-9/
11 G.I. Bill for flight training. This means that the students
could choose to condense their 36 months of eligibility into 18
months and the amount of tuition and fees that VA would pay per
year would be double the private school cap. The section would
require that veterans receive educational counseling provided
by VA under section 3697A(a) of title 38, U.S.C. to ensure they
understand the ramifications of their decisions to accelerate
their benefits.
Data provided to the Committee on flight training under the
Post-9/11 G.I. bill in FY 2016, indicated that if the cap on
tuition and fees were in place, over 60 percent of all students
would not be affected by the proposed cap and 87 percent would
be covered by the accelerated payment option if they completed
their training in two traditional academic years or 18 months.
The Committee believes these two provisions will help alleviate
the cost of flight training with the new cap on tuition and
fees for flight training that would be put in place by this
section.
III
Section 3 would amend 38 United States Code (U.S.C.)
Section 2306 to allow VA to provide inscriptions remembering
deceased spouses or eligible dependent children on veterans'
government-furnished headstones or markers in non-covered
cemeteries. This would include spouses and dependent children
who predecease the veterans interred in these cemeteries,
allowing their information to be included on the veterans'
headstones or markers at time of interment. VA would also be
authorized to replace, if feasible and upon request,
previously-furnished headstones or markers for veterans buried
in non-covered cemeteries with information about the spouses or
eligible dependent children following their death.
A covered cemetery is defined under Section 2306 of title
38 U.S.C. as a national cemetery, a veterans' cemetery of a
State for which the Department has provided a grant under
section 2408 of such title, and a veterans' cemetery of a
tribal organization or on land owned by or held in trust for a
tribal organization for which the Department has provided a
grant under section 2408 of such title. Section 3 would permit
these inscriptions on headstones and markers for veterans
interred in cemeteries not covered under this definition.
Section 3 provides VA with the maximum authority it needs
to work with grieving families to memorialize their loved ones
in the way they want where they want.
Every veteran deserves to know their wish to be remembered
in perpetuity alongside spouses and dependent children will be
granted. The same is true for spouses and dependent children
who appreciate the reassurance that they will be memorialized
with their veteran spouse or parent.
Whether veterans choose to be laid to rest in national
veterans' cemeteries, state or tribal cemeteries or in private
cemeteries, this bill provides the guarantee that those wishes
will be met.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--(1) the following hearings were used to develop
or consider H.R. 1947, as amended.
On April 9, 2019, the Subcommittee on Economic Opportunity
conducted a legislative hearing on various bills introduced
during the 116th Congress, including Section 2 of H.R. 1947,
which was considered as a discussion draft ``To amend title 38,
United States Code, to make certain improvements to the
educational assistance programs of the Department of Veterans
Affairs with respect to flight training programs and certain
other programs of education, and for other purposes.
The following witnesses testified:
Ms. Margarita Devlin, Principal Deputy Under
Secretary for Benefits, Veterans Benefits
Administration, U.S. Department of Veterans Affairs.
Ms. Ashlynne Haycock, Deputy Policy Director, Education
Support Services, Tragedy Assistance Program for
Survivors (TAPS). Mr. Patrick Murray, Deputy Director,
National Legislative Service, The Veterans of Foreign
Wars. Mr. John Kamin, Credentialing and Education
Policy Associate, National Veterans Employment and
Education Division, The American Legion. Ms. Rebecca
Burgess, Program Manager Citizenship Project, American
Enterprise Institute.
Statements for the record were submitted by:
Disabled American Veterans
On May 1, 2019, the Subcommittee on Disability Assistance
and Memorial Affairs conducted a legislative hearing on various
bills introduced during the 116th Congress, including H.R.
1126, the Honoring Veterans' Families Act, which is Section 3
of H.R. 1947.
The following witnesses testified:
The Honorable Mark Takano, U.S. House of
Representatives, 41st Congressional District of
California; The Honorable David P. Roe, U.S. House of
Representatives, 1st Congressional District of
Tennessee; The Honorable Conor Lamb, U.S. House of
Representatives, 17th Congressional District of
Pennsylvania; The Honorable Greg Steube, U.S. House of
Representatives, 17th District of Florida; The
Honorable Julia Brownley, U.S. House of
Representatives, 26th Congressional District of
Florida; Mr. Matthew Sullivan, Deputy Under Secretary
for Finance and Planning, National Cemetery
Administration; accompanied by Mr. Kevin Friel, Deputy
Director for Pension and Fiduciary, Veterans Benefits
Administration; Dr. Patricia Hastings, Deputy Chief
Consultant, Post Deployment Health Service, Veterans
Health;
Mr. Derrick Curtis, Director, Software Testing & 508,
Enterprise Portfolio Management Division, Office of
Information Technology; Ms. Melanie Brunson, Government
Relations Officer, Blinded Veterans Association; Mr.
Karl R. Horst, Major General, U.S. Army (Ret),
President and Chief Executive Officer, Congressional
Medal of Honor Foundation; Ms. Allison Adelle Hedge
Coke, Distinguished Professor of Creative Writing,
University of California, Riverside; Mr. Carlos
Fuentes, Director, National Legislative Service,
Veterans of Foreign Wars; Mr. Rick Weidman, Executive
Director, Policy and Government Affairs, Vietnam
Veterans of America; Mr. Chanin Nuntavong, Veterans
Affairs and Rehabilitation Division Director, The
American Legion; Mr. Shane L. Liermann, Assistant
National Legislative Director, Disabled American
Veterans; and Dr. David A. Butler, Director, Office of
Military and Veterans Health, Health and Medicine
Division, The National Academies of Sciences,
Engineering, and Medicine; accompanied by Dr. Ourania
Kosti, Senior Program Officer, Principal Investigator,
Radiation Effects Research Foundation, The National
Academies of Sciences, Engineering, and Medicine.
Statements for the record were submitted by:
The Honorable Doug LaMalfa, U.S. House of
Representatives, 1st Congressional District of
California; Mr. John Wells, Executive Director, The
Military-Veterans Advocacy; Mr. Keith Kiefer, National
Commander, National Association of Atomic Veterans; Mr.
Robert Celestial, SGT, U.S. Army Retired (D.A.V.),
Veteran who participated in Enewetak Cleanup; Mr. Ken
Brownell, Veteran who participated in Enewetak Cleanup;
and The American Federation of Government Employees,
AFL-CIO.
Subcommittee Consideration
On May 1, 2019, the Subcommittee on Economic Opportunity
met in an open markup session, a quorum being present, and
reported favorably a discussion draft ``To amend title 38,
United States Code, to make certain improvements to the
educational assistance programs of the Department of Veterans
Affairs with respect to flight training programs and certain
other programs of education, and for other purposes to the
Committee on Veterans' Affairs by voice vote. This discussion
draft is section 2 of H.R. 1947, as amended.
H.R. 1947 was not considered before the Health or
Disability Assistance and Memorial Affairs Subcommittees.
Committee Consideration
On May 8, 2019, the Full Committee met in an open markup
session, a quorum being present, and reported favorably H.R.
1947, as amended, to the House of Representatives by voice
vote.
During consideration of the bill, the following amendment
was considered and agreed to by voice vote:
An amendment in the nature of a substitute offered by
Representative David P. Roe of Tennessee that would (1) exempt
from the Economy Act, the transfer and administration of funds
by research corporations established by VA; (2) cap the tuition
and fee payments for flight school training programs at public
institutions of higher learning under the Post 9/11 G.I. Bill,
and (3) authorize VA to inscribe information remembering
spouses or children on the headstones or markers of veterans
interred in non-VA cemeteries.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 1947,
as amended, reported to the House. A motion by Ranking Member
David P. Roe of Tennessee to report H.R. 1947, as amended,
favorably to the House of Representatives was adopted by voice
vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Congressional Budget Office Estimate; Committee Cost Estimate; and New
Budget Authority
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are to support the research efforts
performed by VA that advance and improve the provision of
healthcare and benefits to eligible veterans, provide tuition
assistance and education benefits to veterans, and support VA's
mission to honor veterans and their families with lasting
tributes that commemorate veterans' service and sacrifice.
Earmarks and Tax and Tariff Benefits
H.R. 1947, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1947, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1947, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1947, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 1947, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1947, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Exemption of certain transfers
Section 1 of the bill amends section 7364(b)(1) of title
38, pertaining to the transfer and administration of funds by
research corporations, to exempt the administration of funds by
non-profit corporations from certain provisions of the Economy
Act thus allowing these funds to be expended beyond the fiscal
year in which the funds were appropriated.
Section 2. Improvements to assistance for certain flight training and
other programs of education
Section 2 would amend subsection 301(a) of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (P.L. 112-260) to reauthorize the pilot program to
offer TAP at off-base locations. The section would strike
``during the two-year period beginning on the date of enactment
of this Act, the'' and inserting an authorization to conduct
the pilot program for five years after enactment of this
section. Additionally, this subsection would strike, ``to
assess the feasibility and advisability of providing such
program to eligible individuals at locations other than
military installations.''
Section 2 would also amend section 301(c) by
striking the limitation on the use of this pilot at ``not less
than three and not more than five states'' and inserting ``not
less than 50 locations in States (as defined in section 101(20)
of title 38, U.S.C. In addition, this subparagraph would
further amend section 301(c)(2) of this act by striking ``at
least two'' and inserting ``at least 20'' referring to the
requirement that when DoL chooses locations for the pilot
program, at least 20 should have high veteran unemployment.
Section 2 would repeal section 301(f) which
required a report of the Comptroller General on the pilot
program that is reauthorized by this section.
Section 3. Provision of inscriptions for spouses and children on
certain headstones and markers furnished by the secretary of
Veterans Affairs
Provision of Inscriptions for Spouses and Children on
Certain Headstones and Markers Furnished by the Secretary of
Veterans Affairs.
Allows the Secretary to replace an existing
headstone for an individual buried at a non-covered VA cemetery
with a marker adding an inscription for the surviving spouse or
eligible dependent child following his or her death.
If the surviving spouse or eligible dependent
child predeceases the veteran, the Secretary may include his or
her name on the veteran's headstone in a non-covered VA
cemetery.
Authority under this section applies with respect
to an individual who dies on or after October 1, 2019.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 23--BURIAL BENEFITS
* * * * * * *
Sec. 2306. Headstones, markers, and burial receptacles
(a) The Secretary shall furnish, when requested, appropriate
Government headstones or markers at the expense of the United
States for the unmarked graves of the following:
(1) Any individual buried in a national cemetery or in a post
cemetery.
(2) Any individual eligible for burial in a national cemetery
(but not buried there), except for those persons or classes of
persons enumerated in section 2402(a)(4), (5), and (6) of this
title.
(3) Soldiers of the Union and Confederate Armies of the Civil
War.
(4) Any individual described in section 2402(a)(5) of this
title who is buried in a veterans' cemetery owned by a State or
a veterans' cemetery owned by a tribal organization or on land
owned by or held in trust for a tribal organization.
(5) Any individual who at the time of death was entitled to
retired pay under chapter 1223 of title 10 or would have been
entitled to retired pay under that chapter but for the fact
that the person was under 60 years of age.
(b)(1) The Secretary shall furnish, when requested, an
appropriate memorial headstone or marker for the purpose of
commemorating an eligible individual whose remains are
unavailable. Such a headstone or marker shall be furnished for
placement in a national cemetery area reserved for that purpose
under section 2403 of this title, a veterans' cemetery owned by
a State, a veterans' cemetery of a tribal organization or on
land owned by or held in trust for a tribal organization, or,
in the case of a veteran, in a State, local, or private
cemetery.
(2) For purposes of paragraph (1), an eligible individual is
any of the following:
(A) A veteran.
(B) An individual who dies on or after November 11,
1998, who is the spouse or surviving spouse of a
veteran, or the spouse of a member of the Armed Forces
serving on active duty under conditions other than
dishonorable, as shown by a statement from a general
court-martial convening authority, at the time of the
spouse's death if such death occurs before October 1,
2024.
(C) An individual who dies on or after November 11,
1998, who is an eligible dependent child of a veteran,
or the eligible dependent child of a member of the
Armed Forces serving on active duty under conditions
other than dishonorable, as shown by a statement from a
general court-martial convening authority, at the time
of the child's death if such death occurs before
October 1, 2024.
(3) For purposes of paragraph (1), the remains of an
individual shall be considered to be unavailable if the
individual's remains--
(A) have not been recovered or identified;
(B) were buried at sea, whether by the individual's
own choice or otherwise;
(C) were donated to science; or
(D) were cremated and the ashes scattered without
interment of any portion of the ashes.
(4) For purposes of this subsection:
(A) The term ``veteran'' includes an individual who
dies in the active military, naval, or air service.
(B) The term ``surviving spouse'' includes a
surviving spouse who had a subsequent remarriage.
(5) For purposes of this section, the term ``eligible
dependent child'' means a child--
(A) who is under 21 years of age, or under 23 years
of age if pursuing a course of instruction at an
approved educational institution; or
(B) who is unmarried and became permanently
physically or mentally disabled and incapable of self-
support before reaching 21 years of age, or before
reaching 23 years of age if pursuing a course of
instruction at an approved educational institution.
(c) A headstone or marker furnished under subsection (a),
(b), or (d) of this section may be of any material, including
but not limited to marble, granite, bronze, or slate, requested
by the person entitled to request such headstone or marker if
the material requested is determined by the Secretary (1) to be
cost effective, and (2) in a case in which the headstone or
marker is to be placed in a national cemetery, to be
aesthetically compatible with the area of the cemetery in which
it is to be placed.
(d)(1) The Secretary shall furnish, when requested, an
appropriate Government headstone or marker at the expense of
the United States for the grave of an individual described in
paragraph (2) or (5) of subsection (a) who is buried in a
private cemetery, notwithstanding that the grave is marked by a
headstone or marker furnished at private expense. Such a
headstone or marker may be furnished only if the individual
making the request for the Government headstone or marker
certifies to the Secretary that the headstone or marker will be
placed on the grave for which the headstone or marker is
requested, or, if placement on the grave is impossible or
impracticable, as close as possible to the grave within the
grounds of the cemetery in which the grave is located.
(2) Any headstone or marker furnished under this subsection
shall be delivered by the Secretary directly to the cemetery
where the grave is located or to a receiving agent for delivery
to the cemetery.
(3) The headstone or marker furnished under this subsection
shall be the headstone or marker selected by the individual
making the request from among all the headstones and markers
made available by the Government for selection.
(4)(A) In lieu of furnishing a headstone or marker under this
subsection to a deceased individual described in subparagraph
(B), the Secretary may furnish, upon request, a medallion or
other device of a design determined by the Secretary to signify
the deceased individual's status as a veteran, to be attached
to a headstone or marker furnished at private expense.
(B) A deceased individual described in this subsection is an
individual who--
(i) served in the Armed Forces on or after April 6,
1917; and
(ii) is eligible for a headstone or marker furnished
under paragraph (1) (or would be so eligible but for
the date of the death of the individual).
(5)(A) In carrying out this subsection with respect to a
deceased individual described in subparagraph (C), the
Secretary shall furnish, upon request, a headstone or marker
under paragraph (1) or a medallion under paragraph (4) that
signifies the deceased's status as a medal of honor recipient.
(B) If the Secretary furnished a headstone, marker, or
medallion under paragraph (1) or (4) for a deceased individual
described in subparagraph (C) that does not signify the
deceased's status as a medal of honor recipient, the Secretary
shall, upon request, replace such headstone, marker, or
medallion with a headstone, marker, or medallion, as the case
may be, that so signifies the deceased's status as a medal of
honor recipient.
(C) A deceased individual described in this subparagraph is a
deceased individual who--
(i) served in the Armed Forces on or after April 6,
1917;
(ii) is eligible for a headstone or marker furnished
under paragraph (1) or a medallion furnished under
paragraph (4) (or would be so eligible for such
headstone, marker, or medallion but for the date of the
death of the individual); and
(iii) was awarded the medal of honor under section
7271, 8291, or 9271 of title 10 or section 491 of title
14 (including posthumously).
(D) In this paragraph, the term ``medal of honor recipient''
means an individual who is awarded the medal of honor under
section 7271, 8291, or 9271 of title 10 or section 491 of title
14.
(e)(1)(A) The Secretary of Veterans Affairs shall provide an
outer burial receptacle for each new grave in an open cemetery
under the control of the National Cemetery Administration in
which remains are interred in a casket.
(B) The Secretary of the Army may provide an outer burial
receptacle for such a grave in the Arlington National Cemetery.
(C) The Secretary of the Interior shall provide an outer
burial receptacle for each such a grave in an open national
cemetery administered by the National Park Service.
(2) The use of outer burial receptacles in a cemetery under
the control of the National Cemetery Administration, in the
Arlington National Cemetery, or in a national cemetery
administered by the National Park Service shall be in
accordance with regulations or procedures approved by the
Secretary of Veterans Affairs, the Secretary of the Army, or
the Secretary of the Interior, respectively.
(3) Regulations or procedures under paragraph (2) may specify
that--
(A) an outer burial receptacle other than a grave
liner be provided in lieu of a grave liner at the
election of the survivors of the interred veteran; and
(B) if an outer burial receptacle other than a grave
liner is provided in lieu of a grave liner upon an
election of such survivors, such survivors be
required--
(i) to pay the amount by which the cost of
the outer burial receptacle exceeds the cost of
the grave liner that would otherwise have been
provided in the absence of the election; and
(ii) to pay the amount of the administrative
costs incurred by the Secretary (or the
Secretary of the Army with respect to Arlington
National Cemetery or the Secretary of the
Interior with respect to a national cemetery
administered by the National Park Service) in
providing the outer burial receptacle in lieu
of such grave liner.
(4) Regulations or procedures under paragraph (2) may provide
for the use of a voucher system, or other system of
reimbursement approved by the Secretary (or the Secretary of
the Army with respect to Arlington National Cemetery or the
Secretary of the Interior with respect to a national cemetery
administered by the National Park Service), for payment for
outer burial receptacles other than grave liners provided under
such regulations or procedures.
(f)(1) The Secretary may furnish a casket or urn, of such
quality as the Secretary considers appropriate for a dignified
burial, for burial of a deceased veteran in a covered cemetery
in any case in which the Secretary--
(A) is unable to identify the veteran's next of kin,
if any; and
(B) determines that sufficient resources for the
furnishing of a casket or urn for such burial are not
otherwise available.
(2) The term ``covered cemetery'' means any of the following:
(A) A national cemetery.
(B) A veterans' cemetery of a State for which the
Department has provided a grant under section 2408 of
this title.
(C) A veterans' cemetery of a tribal organization or
on land owned by or held in trust for a tribal
organization for which the Department has provided a
grant under subsection (f) of such section.
(g)(1) When the Secretary has furnished a headstone or marker
under subsection (a) for the unmarked grave of an individual,
the Secretary shall, if feasible, add a memorial inscription to
that headstone or marker rather than furnishing a separate
headstone or marker under that subsection for the surviving
spouse or eligible dependent child of such individual.
(2) When the Secretary has furnished a memorial headstone or
marker under subsection (b) for purposes of commemorating a
veteran or an individual who died in the active military,
naval, or air service, the Secretary shall, if feasible, add a
memorial inscription to that headstone or marker rather than
furnishing a separate memorial headstone or marker under that
subsection for the surviving spouse or eligible dependent child
of such individual.
(h)(1) A headstone or marker may not be furnished under
subsection (a) for the unmarked grave of a person described in
section 2411(b) of this title.
(2) A memorial headstone or marker may not be furnished under
subsection (b) for the purpose of commemorating a person
described in section 2411(b) of this title.
(3) A headstone or marker may not be furnished under
subsection (d) for the grave of a person described in section
2411(b) of this title.
(4) A casket or urn may not be furnished under subsection (f)
for burial of a person described in section 2411(b) of this
title.
(i) In this section, the term ``tribal organization'' has the
meaning given such term in section 3765 of this title.
(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).
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
* * * * * * *
SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT;
GENERAL AND ADMINISTRATIVE PROVISIONS
* * * * * * *
Sec. 3034. Program administration
(a)(1) Except as otherwise provided in this chapter, the
provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483,
and 3485 of this title and the provisions of subchapters I and
II of chapter 36 of this title (with the exception of sections
3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the
provision of educational assistance under this chapter.
(2) The term ``eligible veteran'', as used in the
provisions of the sections enumerated in paragraph (1)
of this subsection, shall be deemed to include an
individual who is eligible for educational assistance
under this chapter.
(3) The Secretary may, without regard to the
application to this chapter of so much of the
provisions of section 3471 of this title as prohibit
the enrollment of an eligible veteran in a program of
education in which the veteran is ``already
qualified'', and pursuant to such regulations as the
Secretary shall prescribe, approve the enrollment of
such individual in refresher courses (including courses
which will permit such individual to update knowledge
and skills or be instructed in the technological
advances which have occurred in the individual's field
of employment during and since the period of such
veteran's active military service), deficiency courses,
or other preparatory or special education or training
courses necessary to enable the individual to pursue an
approved program of education.
(b) Regulations prescribed by the Secretary of Defense under
this chapter shall be uniform for the Armed Forces under the
jurisdiction of the Secretary of a military department.
(c) Payment of educational assistance allowance in the case
of an eligible individual pursuing a program of education under
this chapter on less than a half-time basis shall be made in a
lump-sum amount for the entire quarter, semester, or term not
later than the last day of the month immediately following the
month in which certification is received from the educational
institution that such individual has enrolled in and is
pursuing a program at such institution. Such lump-sum payment
shall be computed at the rate determined under section 3032(b)
of this title.
(d) The Secretary may approve the pursuit of flight training
(in addition to a course of flight training that may be
approved under section 3680A(b) of this title) by an individual
entitled to basic educational assistance under this chapter
if--
(1) such training is generally accepted as necessary
for the attainment of a recognized vocational objective
in the field of aviation[;] and is required for the
course of education being pursued (including with
respect to a dual major, concentration, or other
element of a degree); and
[(2) the individual possesses a valid private pilot
certificate and meets, on the day the individual begins
a course of flight training, the medical requirements
necessary for a commercial pilot certificate; and]
[(3)] (2) the flight school courses are approved by
the Federal Aviation Administration and are offered by
a certified pilot school that possesses a valid Federal
Aviation Administration pilot school certificate.
(e)(1) In the case of a member of the Armed Forces who
participates in basic educational assistance under this
chapter, the Secretary shall furnish the information described
in paragraph (2) to each such member. The Secretary shall
furnish such information as soon as practicable after the basic
pay of the member has been reduced by $1,200 in accordance with
section 3011(b) or 3012(c) of this title and at such additional
times as the Secretary determines appropriate.
(2) The information referred to in paragraph (1) is
information with respect to the benefits, limitations,
procedures, eligibility requirements (including time-
in-service requirements), and other important aspects
of the basic educational assistance program under this
chapter, including application forms for such basic
educational assistance under section 5102 of this
title.
(3) The Secretary shall furnish the forms described
in paragraph (2) and other educational materials to
educational institutions, training establishments, and
military education personnel, as the Secretary
determines appropriate.
(4) The Secretary shall use amounts appropriated for
readjustment benefits to carry out this subsection and
section 5102 of this title with respect to application
forms under that section for basic educational
assistance under this chapter.
* * * * * * *
CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER II--EDUCATIONAL ASSISTANCE
* * * * * * *
Sec. 3313. Educational assistance: amount; payment
(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a program
covered by subsections (e) and (f)) the amounts specified in
subsection (c) to meet the expenses of such individual's
subsistence, tuition, fees, and other educational costs for
pursuit of such program of education.
(b) Approved Programs of Education.--A program of education
is an approved program of education for purposes of this
chapter if the program of education is approved for purposes of
chapter 30 (including approval by the State approving agency
concerned).
(c) Programs of Education Leading to a Degree Pursued at
Institutions of Higher Learning on More Than Half-time Basis.--
The amounts payable under this subsection for pursuit of an
approved program of education leading to a degree at an
institution of higher learning (as that term is defined in
section 3452(f)) are amounts as follows:
(1) In the case of an individual entitled to
educational assistance under this chapter by reason of
paragraph (1), (2), (9), or (10) of section 3311(b),
amounts as follows:
(A) An amount equal to the following:
(i) [In the case of a program of
education pursued at a public
institution of higher learning] (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),
the actual net cost for in-State
tuition and fees assessed by the
institution for the program of
education after the application of--
[(I)] (aa) any waiver of, or
reduction in, tuition and fees;
and
[(II)] (bb) any scholarship,
or other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees.
(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.
(ii) [In the case of a program of
education pursued at a non-public or
foreign institution of higher learning]
(I) In the case of a program of
education described in subclause (II),
the lesser of--
[(I)] (aa) the actual net
cost for tuition and fees
assessed by the institution for
the program of education after
the application of--
[(aa)] (AA) any
waiver of, or reduction
in, tuition and fees;
and
[(bb)] (BB) any
scholarship, or other
Federal, State,
institutional, or
employer-based aid or
assistance (other than
loans and any funds
provided under section
401(b) of the Higher
Education Act of 1965)
that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
[(II)] (bb) the amount equal
to--
[(aa)] (AA) for the
academic year beginning
on August 1, 2011,
$17,500; or
[(bb)] (BB) for an
academic year beginning
on any subsequent
August 1, the amount
for the previous
academic year beginning
on August 1 under this
subclause, as increased
by the percentage
increase equal to the
most recent percentage
increase determined
under section 3015(h).
(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).
(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.
(B) A monthly stipend in an amount as
follows:
(i) Except as provided in clauses
(ii) and (iii), for each month an
individual pursues a program of
education on more than a half-time
basis, a monthly housing stipend equal
to the product of--
(I) 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 campus of the
institution of higher learning
where the individual physically
participates in a majority of
classes, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(ii) In the case of an individual
pursuing a program of education at a
foreign institution of higher learning
on more than a half-time basis, for
each month the individual pursues the
program of education, a monthly housing
stipend equal to the product of--
(I) the national average of
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, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(iii) In the case of an individual
pursuing a program of education solely
through distance learning on more than
a half-time basis, a monthly housing
stipend equal to 50 percent of the
amount payable under clause (ii) if the
individual were otherwise entitled to a
monthly housing stipend under that
clause for pursuit of the program of
education.
(iv) For the first month of each
quarter, semester, or term, as
applicable, of the program of education
pursued by the individual, a lump sum
amount for books, supplies, equipment,
and other educational costs with
respect to such quarter, semester, or
term in the amount equal to--
(I) $1,000, multiplied by
(II) the fraction which is
the portion of a complete
academic year under the program
of education that such quarter,
semester, or term constitutes.
(2) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(3), amounts equal to 90 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(3) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(4), amounts equal to 80 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(4) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(5), amounts equal to 70 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(5) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(6), amounts equal to 60 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(6) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(7), amounts equal to 50 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(7) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(8), amounts equal to 40 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(d) Frequency of Payment.--
(1) Quarter, semester, or term payments.--Payment of
the amounts payable under subsection (c)(1)(A), and of
similar amounts payable under paragraphs (2) through
(7) of subsection (c), for pursuit of a program of
education shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(2) Monthly payments.--Payment of the amount payable
under subsection (c)(1)(B), and of similar amounts
payable under paragraphs (2) through (7) of subsection
(c), for pursuit of a program of education shall be
made on a monthly basis.
(3) Regulations.--The Secretary shall prescribe in
regulations methods for determining the number of
months (including fractions thereof) of entitlement of
an individual to educational assistance under this
chapter that are chargeable under this chapter for an
advance payment of amounts under paragraphs (1) and (2)
for pursuit of a program of education on a quarter,
semester, term, or other basis.
(e) Programs of Education Leading to a Degree Pursued on
Active Duty on More Than Half-time Basis.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education leading to a degree while on active duty.
(2) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
pursuing a program of education leading to a degree
while on active duty are as follows:
(A) Subject to subparagraph (C), an amount
equal to the lesser of--
(i) in the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
(ii) in the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h);
or
(iii) the amount of the charges of
the educational institution as elected
by the individual in the manner
specified in section 3014(b)(1).
(B) Subject to subparagraph (C), for the
first month of each quarter, semester, or term,
as applicable, of the program of education
pursued by the individual, a lump sum amount
for books, supplies, equipment, and other
educational costs with respect to such quarter,
semester, or term in the amount equal to--
(i) $1,000, multiplied by
(ii) the fraction of a complete
academic year under the program of
education that such quarter, semester,
or term constitutes.
(C) In the case of an individual entitled to
educational assistance by reason of paragraphs
(3) through (8) of section 3311(b), the amounts
payable to the individual pursuant to
subparagraphs (A)(i), (A)(ii), and (B) shall be
the amounts otherwise determined pursuant to
such subparagraphs multiplied by the same
percentage applicable to the monthly amounts
payable to the individual under paragraphs (2)
through (7) of subsection (c).
(3) Quarter, semester, or term payments.--Payment of
the amount payable under paragraph (2) for pursuit of a
program of education shall be made for the entire
quarter, semester, or term, as applicable, of the
program of education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at the rate of one month for each such month.
(f) Programs of Education Pursued on Half-Time Basis or
Less.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education on half-time basis or less whether a
program of education pursued on active duty, a program
of education leading to a degree, or a program of
education other than a program of education leading to
a degree.
(2) Amount of assistance.--The educational assistance
payable under this chapter to an individual pursuing a
program of education covered by this subsection on
half-time basis or less is the amounts as follows:
(A) The amount equal to the lesser of--
(i) the actual net cost for in-State
tuition and fees assessed by the
institution of higher learning for the
program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
or
(ii) the maximum amount that would be
payable to the individual for the
program of education under paragraph
(1)(A) of subsection (c), or under the
provisions of paragraphs (2) through
(7) of subsection (c) applicable to the
individual, for the program of
education if the individual were
entitled to amounts for the program of
education under subsection (c) rather
than this subsection.
(B) A stipend in an amount equal to the
amount of the appropriately reduced amount of
the lump sum amount for books, supplies,
equipment, and other educational costs
otherwise payable to the individual under
subsection (c).
(3) Quarter, term, or semester payments.--Payment of
the amounts payable to an individual under paragraph
(2) for pursuit of a program of education on half-time
basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at a percentage of a month equal to--
(A) the number of course hours borne by the
individual in pursuit of the program of
education involved, divided by
(B) the number of course hours for full-time
pursuit of such program of education.
(g) Programs of Education Other Than Programs of Education
Leading to a Degree.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education other than a program of education leading
to a degree at an institution other than an institution
of higher learning (as that term is defined in section
3452(f)).
(2) Pursuit on half-time basis or less.--The payment
of educational assistance under this chapter for
pursuit of a program of education otherwise described
in paragraph (1) on a half-time basis or less is
governed by subsection (f).
(3) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
entitled to educational assistance under this chapter
who is pursuing an approved program of education
covered by this subsection are as follows:
(A) In the case of an individual enrolled in
a program of education (other than a program
described in subparagraphs (B) through (D)) in
pursuit of a certificate or other non-college
degree, the following:
(i) Subject to clause (iv), an amount
equal to the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965 (20 U.S.C.
1070a(b))) that is
provided directly to
the institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(ii) Except in the case of an
individual pursuing a program of
education on a half-time or less basis
and subject to clause (iv), a monthly
housing stipend equal to the product--
(I) of--
(aa) in the case of
an individual pursuing
resident training, 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
campus of the
institution of where
the individual
physically participates
in a majority of
classes; or
(bb) in the case of
an individual pursuing
a program of education
through distance
learning, a monthly
amount equal to 50
percent of the amount
payable under item
(aa), multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education involved,
divided by the minimum
number of course hours
required for full-time
pursuit of such program
of education, rounded
to the nearest multiple
of 10.
(iii) Subject to clause (iv), a
monthly stipend in an amount equal to
$83 for each month (or pro rata amount
for a partial month) of training
pursued for books, supplies, equipment,
and other educational costs.
(iv) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (8) of
section 3311(b), the amounts payable
pursuant to clauses (i), (ii), and
(iii) shall be the amounts otherwise
determined pursuant to such clauses
multiplied by the same percentage
applicable to the monthly amounts
payable to the individual under
paragraphs (2) through (7) of
subsection (c).
(B) In the case of an individual pursuing a
full-time program of apprenticeship or other
on-job training, amounts as follows:
(i) Subject to clauses (iii) and
(iv), for each month the individual
pursues the program of education, a
monthly housing stipend equal to--
(I) during the first six-
month period of the program,
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 employer
at which the individual pursues
such program;
(II) during the second six-
month period of the program, 80
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(III) during the third six-
month period of the program, 60
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(IV) during the fourth six-
month period of such program,
40 percent of the monthly
amount of the basic allowance
for housing payable as
described in subclause (I); and
(V) during any month after
the first 24 months of such
program, 20 percent of the
monthly amount of the basic
allowance for housing payable
as described in subclause (I).
(ii) Subject to clauses (iii) and
(iv), a monthly stipend in an amount
equal to $83 for each month (or pro
rata amount for each partial month) of
training pursued for books supplies,
equipment, and other educational costs.
(iii) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (8) of
sections 3311(b), the amounts payable
pursuant to clauses (i) and (ii) shall
be the amounts otherwise determined
pursuant to such clauses multiplied by
the same percentage applicable to the
monthly amounts payable to the
individual under paragraphs (2) through
(7) of subsection (c).
(iv) In any month in which an
individual pursuing a program of
education consisting of a program of
apprenticeship or other on-job training
fails to complete 120 hours of
training, the amount of monthly
educational assistance allowance
payable under clauses (i) and (iii) to
the individual shall be limited to the
same proportion of the applicable rate
determined under this subparagraph as
the number of hours worked during such
month, rounded to the nearest eight
hours, bears to 120 hours.
(C) In the case of an individual enrolled in
a program of education consisting of flight
training (regardless of the institution
providing such program of education), an amount
equal to--
(i) the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$10,000; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (9) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (8) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) of subsection (c).
(D) In the case of an individual enrolled in
a program of education that is pursued
exclusively by correspondence (regardless of
the institution providing such program of
education), an amount equal to--
(i) the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution concerned for
the program of education after
the application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees.
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011, $8,500;
or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (9) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (8) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) of subsection (c).
(4) Frequency of payment.--
(A) Quarter, semester, or term payments.--
Payment of the amounts payable under paragraph
(3)(A)(i) for pursuit of a program of education
shall be made for the entire quarter, semester,
or term, as applicable, of the program of
education.
(B) Monthly payments.--Payment of the amounts
payable under paragraphs (3)(A)(ii) and
(3)(B)(i) for pursuit of a program of education
shall be made on a monthly basis.
(C) Lump sum payments.--
(i) Payment for the amount payable
under paragraphs (3)(A)(iii) and
(3)(B)(ii) shall be paid to the
individual for the first month of each
quarter, semester, or term, as
applicable, of the program education
pursued by the individual.
(ii) Payment of the amount payable
under paragraph (3)(C) for pursuit of a
program of education shall be made upon
receipt of certification for training
completed by the individual and
serviced by the training facility.
(D) Quarterly payments.--Payment of the
amounts payable under paragraph (3)(D) for
pursuit of a program of education shall be made
quarterly on a pro rata basis for the lessons
completed by the individual and serviced by the
institution.
(5) Charge against entitlement for certificate and
other non-college degree programs.--
(A) In general.--In the case of amounts paid
under paragraph (3)(A)(i) for pursuit of a
program of education, the charge against
entitlement to educational assistance under
this chapter of the individual for whom such
payment is made shall be one month for each
of--
(i) the amount so paid, divided by
(ii) subject to subparagraph (B), the
amount equal to one-twelfth of the
amount applicable in the academic year
in which the payment is made under
paragraph (3)(A)(i)(II).
(B) Pro rata adjustment based on certain
eligibility.--If the amount otherwise payable
with respect to an individual under paragraph
(3)(A)(i) is subject to a percentage adjustment
under paragraph (3)(A)(iv), the amount
applicable with respect to the individual under
subparagraph (A)(ii) shall be the amount
otherwise determined pursuant to such
subparagraph subject to a percentage adjustment
equal to the percentage adjustment applicable
with respect to the individual under paragraph
(3)(A)(iv).
(h) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c)), (e)(2), and (f)(2)(A), and under subparagraphs
(A)(i), (C), and (D) of subsection (g)(3), shall be paid
directly to the educational institution concerned.
(i) Determination of Housing Stipend Payments for Academic
Years.--Any monthly housing stipend payable under this section
during the academic year beginning on August 1 of a calendar
year shall be determined utilizing rates for basic allowances
for housing payable under section 403 of title 37 in effect as
of January 1 of such calendar year.
(j) Determination of Monthly Housing Stipends During Active
Duty Service.--For any month during which an individual who is
entitled to a monthly housing stipend under this section is
performing active duty service, the Secretary shall determine
the amount of such stipend payable to such individual for such
month on a pro rata basis for the period of such month during
which the individual is not performing active duty service.
(k) Provision of Housing Stipend Payment Information.--
(1) In general.--The Secretary shall furnish to
individuals receiving educational assistance under this
chapter documentation that verifies the amount of the
monthly housing stipend the individual receives under
this section.
(2) Manner.--The Secretary shall make such
documentation available to the individual using an
internet website in the same manner the Secretary
provides documentation verifying compensation and other
benefits furnished by the Secretary to individuals.
(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.
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
* * * * * * *
CHAPTER 73--VETERANS HEALTH ADMINISTRATION--ORGANIZATION AND FUNCTIONS
* * * * * * *
SUBCHAPTER IV--RESEARCH CORPORATIONS
* * * * * * *
Sec. 7364. General powers
(a) In General.--(1) A corporation established under this
subchapter may, solely to carry out the purposes of this
subchapter--
(A) accept, administer, retain, and spend
funds derived from gifts, contributions,
grants, fees, reimbursements, and bequests from
individuals and public and private entities;
(B) enter into contracts and agreements with
individuals and public and private entities;
(C) subject to paragraph (2), set fees for
education and training facilitated under
section 7362 of this title, and receive,
retain, administer, and spend funds in
furtherance of such education and training;
(D) reimburse amounts to the applicable
appropriation account of the Department for the
Office of General Counsel for any expenses of
that Office in providing legal services
attributable to research and education
agreements under this subchapter; and
(E) employ such employees as the corporation
considers necessary for such purposes and fix
the compensation of such employees.
(2) Fees charged pursuant to paragraph (1)(C) for
education and training described in that paragraph to
individuals who are officers or employees of the
Department may not be paid for by any funds
appropriated to the Department.
(3) Amounts reimbursed to the Office of General
Counsel under paragraph (1)(D) shall be available for
use by the Office of the General Counsel only for staff
and training, and related travel, for the provision of
legal services described in that paragraph and shall
remain available for such use without fiscal year
limitation.
(b) Transfer and Administration of Funds.--(1) Except as
provided in paragraph (2), any funds received by the Secretary
for the conduct of research or education at a Department
medical center or centers, other than funds appropriated to the
Department, may be transferred to and administered by a
corporation established under this subchapter for such
purposes. Any amounts so transferred after September 30, 2016,
shall be available without regard to fiscal year limitations,
notwithstanding section 1535(d) of title 31.
(2) A Department medical center may reimburse the
corporation for all or a portion of the pay, benefits,
or both of an employee of the corporation who is
assigned to the Department medical center if the
assignment is carried out pursuant to subchapter VI of
chapter 33 of title 5.
(3) A Department medical center may retain and use
funds provided to it by a corporation established under
this subchapter. Such funds shall be credited to the
applicable appropriation account of the Department and
shall be available, without fiscal year limitation, for
the purposes of that account.
(c) Research Projects.--Except for reasonable and usual
preliminary costs for project planning before its approval, a
corporation established under this subchapter may not spend
funds for a research project unless the project is approved in
accordance with procedures prescribed by the Under Secretary
for Health for research carried out with Department funds. Such
procedures shall include a scientific review process.
(d) Education Activities.--Except for reasonable and usual
preliminary costs for activity planning before its approval, a
corporation established under this subchapter may not spend
funds for an education activity unless the activity is approved
in accordance with procedures prescribed by the Under Secretary
for Health.
(e) Policies and Procedures.--The Under Secretary for Health
may prescribe policies and procedures to guide the spending of
funds by corporations established under this subchapter that
are consistent with the purpose of such corporations as
flexible funding mechanisms and with Federal and State laws and
regulations, and executive orders, circulars, and directives
that apply generally to the receipt and expenditure of funds by
nonprofit organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986.
* * * * * * *