[House Report 119-308]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-308
======================================================================
VETERANS EDUCATION AND TECHNICAL SKILLS
OPPORTUNITY ACT OF 2025
_______
September 26, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bost, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1458]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1458) to amend title 38, United States Code, to
modify the criteria for approval of certain independent study
programs for purposes of the educational assistance programs of
the Department of Veterans Affairs, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Bill............................................................. 2
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 4
Hearings......................................................... 7
Subcommittee Consideration....................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 8
Committee Oversight Findings..................................... 8
Statement of General Performance Goals and Objectives............ 8
Earmarks and Tax and Tariff Benefits............................. 8
Committee Cost Estimate.......................................... 8
Budget Authority and Congressional Budget Office Estimate........ 9
Federal Mandates Statement....................................... 12
Advisory Committee Statement..................................... 12
Applicability to Legislative Branch.............................. 12
Statement on Duplication of Federal Programs..................... 12
Section-by-Section Analysis of the Legislation................... 12
Changes in Existing Law Made by the Bill, as Reported............ 13
Minority Views................................................... 28
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Education and Technical
Skills Opportunity Act of 2025'' or the ``VETS Opportunity Act of
2025''.
SEC. 2. REPAYMENT OF MEMBERS OF THE ARMED FORCES FOR CONTRIBUTIONS
TOWARDS POST-9/11 EDUCATIONAL ASSISTANCE: TIMING;
MECHANISM FOR INDIVIDUALS NOT ELIGIBLE FOR A
MONTHLY HOUSING STIPEND.
(a) In General.--Subsection (f) of section 3327 of title 38, United
States Code, is amended--
(1) in paragraph (3), by striking ``together'' and all that
follows through ``before'' and inserting ``not later than 60
days after''; and
(2) by adding at the end the following new paragraph:
``(4) Additional assistance for an individual not eligible
for a monthly housing stipend.--In the case of an individual
making an election under subsection (a) who is described by
subparagraph (A), (C), or (E) of paragraph (1) of that
subsection, and who is not eligible for a monthly stipend
payable under section 3313(c) of this title, the educational
assistance payable to the individual under this chapter shall
be paid--
``(A) in a lump sum calculated by multiplying--
``(i) the total amount of contributions
described in paragraph (1)(A) with regards to
such individual; and
``(ii) the sum of the number of months
described in subclauses (I) and (II) of
paragraph (1)(B)(i) with regards to such
individual; and
``(B) to the individual not later than 60 days after
the exhaustion of the individual's entitlement to
educational assistance under this chapter.''.
(b) Technical Corrections and Conforming Amendment.--Such subsection
is further amended--
(1) by striking ``paragraphs (2) through (7)'' and inserting
``paragraphs (2) through (6)''; and
(2) in paragraph (1), in the heading, by inserting ``for an
individual eligible for a monthly housing stipend'' after
``Additional assistance''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2025.
SEC. 3. TREATMENT OF CERTAIN INDEPENDENT STUDY PROGRAMS UNDER
EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 3680A(a)(4)(A)(ii)(III) of such title is
amended--
(1) by inserting ``that requires regular and substantive
interaction between students and instructors'' after ``course
of study'';
(2) in item (aa), by striking ``; or'' and inserting a
semicolon;
(3) in item (bb), by striking ``; and'' and inserting ``;
or''; and
(4) by adding at the end by following new item:
``(cc) an institution of
higher education, as such term
is defined in section 102 of
the Higher Education Act of
1965 (20 U.S.C. 1002), that is
approved to participate or
participating in the student
financial assistance programs
authorized by title IV of that
Act; and''.
(b) Applicability.--The amendment made by subsection (a) shall apply
with respect to a quarter, semester, or term, as applicable, that
begins on or after August 1, 2025.
SEC. 4. ABSENCE FROM CERTAIN EDUCATION DUE TO CERTAIN SERVICE.
(a) Options.--Section 3691A of such title is amended by striking
paragraph (1) of subsection (a) and inserting the following:
``(1) A covered member may, after receiving orders to enter a period
of covered service--
``(A) withdraw from covered education;
``(B) take a leave of absence from covered education; or
``(C) subject to subsection (d), enter into an agreement with
the institution concerned to complete a course of covered
education to the satisfaction of such institution concerned.''.
(b) Conforming Amendment.--Such subsection is further amended, in
paragraph (2)(A), by striking ``or takes a leave of absence'' and
inserting ``, takes a leave of absence, or enters into an agreement''.
(c) Agreement.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting, after subsection (c), the following new
subsection (d):
``(d) Agreement With Institution Concerned.--A covered member may
enter into an agreement under subsection (a) only if the covered member
has completed at least half of a course of covered education.''.
(d) Section Heading.--Such section is further amended by striking the
heading and inserting ``Absence from certain education due to certain
service''.
(e) Table of Sections.--The table of sections at the beginning of
chapter 36 of such title is amended by striking the item relating to
section 3691A and inserting the following new item:
``3691A. Absence from certain education due to certain service.''.
SEC. 5. DEPARTMENT OF VETERANS AFFAIRS COMPLIANCE SURVEYS.
Section 3693 of such title is amended--
(1) in subsection (c)--
(A) by striking ``not more than 10 business days of
notice'';
(B) by striking ``this section.'' and inserting
``this section--''; and
(C) by adding at the end the following new
paragraphs:
``(1) in the case of an educational institution or training
establishment with a time stamp database collection feature,
not fewer than 10, and not more than 15, business days of
notice; and
``(2) in the case of any other educational institution or
training establishment, not more than 10 business days of
notice.''; and
(2) by striking subsection (d) and inserting the following
new subsection (d):
``(d) Definitions.--In this section:
``(1) The terms `educational institution' and `training
establishment' have the meanings given such terms in section
3452 of this title.
``(2) The term `school certifying official' means an employee
of an educational institution with primary responsibility for
certifying veteran enrollment at the educational
institution.''.
SEC. 6. NOTIFICATION OF SCHOOL CERTIFYING OFFICIALS OF HANDBOOK
UPDATES.
(a) In General.--Not later than 14 business days after updating the
school certifying official handbook of the Department of Veterans
Affairs, the Secretary of Veterans Affairs shall provide notice to all
school certifying officials of such update.
(b) School Certifying Official Defined.--The term ``school certifying
official'' means an employee of an educational institution with primary
responsibility for certifying veteran enrollment at the educational
institution.
SEC. 7. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``March 31, 2033''.
Purpose and Summary
H.R. 1458, as amended, the ``Veterans Education and
Technical Skills Opportunity Act of 2025'' or the ``VETS
Opportunity Act of 2025'', was introduced by Rep. Juan
Ciscomani of Arizona on February 21, 2025. The bill would
expand the GI Bill benefits program to allow both in-person and
hybrid independent study programs for veterans using their
education benefits to increase opportunities for veterans'
education after service. The bill, as amended, also includes
the text of H.R. 1527 and H.R. 1872.
H.R. 1527, as amended, the ``Reforming Education for our
Veterans Act'' would allow a school to enter into an agreement
with a student veteran serving in the National Guard or
Reserves who receives orders for duty, to work to achieve a
grade instead of receiving an incomplete for a class.
Additionally, this legislation would increase the number of
days of notice given to a school before a compliance survey to
15 business days for certain institutions. Finally, the
legislation would require the Department of Veterans Affairs
(VA) to notify School Certifying Officials (SCO's) no later
than 14 business days after it modifies the SCO handbook for
the delivery of education benefits.
H.R. 1872, as amended, the ``Fairness in Veterans'
Education Act'' would amend Title 38, United States Code, to
ensure the Secretary of Veterans Affairs repays members of the
Armed Forces for certain contributions made by such
servicemembers towards post-9/11 Educational Assistance. This
bill would also allow about 25,000 servicemembers and veterans
who were previously ineligible to be reimbursed for the $1,200
they are due.
Finally, the bill would provide an offset for the cost of
the changes the bill by extending the expiration date of
current law (38 U.S.C. Sec. Sec. 5503(d)(7)) which limits the
payment of pension to veterans without a spouse or child,
receiving domiciliary care in a VA-furnished nursing facility.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``VETS Opportunity Act of
2025.''
Section 2: Repayment of Members of the Armed Forced for Contributions
Towards Post 9/11 Educational Assistance: Timing, Mechanism for
Individuals Not Eligible For a Monthly Husing Stipend
When a servicemember chooses the Montgomery GI Bill
education benefit while on active duty, the servicemember pays
$1,200 over the course of a year to be fully eligible for the
benefit. That individual can later choose to switch to the
post-9/11 GI Bill. Currently, members of the armed forces who
contribute to their Montgomery GI Bill, and later switch to the
post-9/11 GI Bill and use all 36 months of entitlement, receive
a repayment at the end of their service as part of their last
housing stipend. Unfortunately, about 24,000 servicemembers
have not been reimbursed for their $1,200 payments because the
current statute limits how individuals are able to receive the
benefit. This section would allow veterans and servicemembers
to receive reimbursement through a lump sum payment or with
their last monthly housing stipend. It would allow the VA to
repay the $1,200 even if a servicemember is on active-duty and
not currently receiving a monthly housing allowance from VA.
The Committee is supportive of this bill to ensure every
servicemember and veteran is able to receive their
reimbursement for a benefit they did not end up using. The
Committee believes it is important for servicemembers to
receive this repayment that they are owed if they are not using
the benefit they paid into.
Section 3: Treatment of Independent Study Programs Under Educational
Assistance Programs Under Educational Assistance Programs of
Department of Veterans Affairs
During the COVID pandemic the availability of online
programs increased substantially. Since then, many veterans and
service members have taken advantage of online learning
opportunities. Online education provides desired flexibility
for many veterans and servicemembers with families who are
working at a full-time job while taking online classes. The
COVID pandemic also unlocked education opportunities to meet
veterans where they are, not the other way around. Often,
veterans want to take independent study programs that match
their skill set and occupation during their time in the
military. These independent study programs also offer an
opportunity for veterans to use the GI Bill to advance their
career without going through a multi-year degree. This section
would expand the GI Bill to allow benefits to be used for both
in-person and hybrid independent study programs. The Committee
supports expanding options for veterans to use their GI Bill
entitlement to advance educational opportunities and gain
qualifications for high-paying jobs after they leave the
military.
Additionally, this section would modernize the GI Bill to
adapt to how veterans are able to obtain a non-degree
education. This would allow veterans to pursue nontraditional
education through on-the-job training and additional
independent study programs with GI Bill approval. However,
these education programs would still need to have approval from
the Department of Education (DOE), and the hybrid portion of
any educational program would still require substantive
interaction between the student veterans and the instructor.
Often, these independent study offerings align with veterans'
skills from their time in service, so it provides an
opportunity to apply that experience and develop their skills
for future employers.
Section 4: Absence from Certain Education Due to Certain Service
This section would allow student veterans serving in the
National Guard or Reserves who receive orders for military duty
before term is completed, to work out an arrangement with the
educational institution to achieve a grade instead of receiving
an incomplete grade for a course. Currently, schools must
follow guidance from the DOE and the Department of Defense
(DoD) in administering to active duty military students when or
if they are activated for military orders while attending a
higher education institution. DOE currently has an outline
under section 484C of the Higher Education Act of 1965 for
Institutional Readmission Requirements of Servicemembers, and
the DOD Instruction, DODi1322.25\1\ provides guidance that
schools must adhere to.
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Mandating that students receive an ``incomplete'' grade
removes the academic freedom of the faculty and the
servicemember, as the student may decide that an ``incomplete''
grade is not in their best interest while they serve their
country. Oftentimes, students who withdraw for military duty
are focused on their mission and will retake the class upon
their return to school, as these deployments can often be long-
lasting, from 6 months to one year, depending upon the mission.
The Committee believes it is essential to provide the
flexibility that DoD provides to all servicemembers. If a
student veteran is more than halfway through a course, the
student veteran can agree with an instructor on ways to finish
the course without receiving an incomplete grade if they choose
to do so.
Section 5: Department of Veterans Affairs Compliance Surveys
Compliance surveys are routine visits that State Approving
Agencies (SAAs) conduct at different institutions. However, the
Committee has heard that many of the compliance visits are made
with less than 48-hours' notice and no flexibility is offered,
even if the school certifying official (SCO) is on leave, or if
the visit happens during the holiday season. This section would
change the statute to allow a minimum of 10 business days for
compliance surveys for schools with time-stamp technology that
would ensure the records have not been tampered with. For large
Institutions of Higher Learning (IHL) who gather large
quantities of data, this process can take longer than the
allotted time currently in statute. For smaller IHL's,
oftentimes the SCOs are handling many different priorities and
are unable to take time away from other duties because SAAs
have given the institution a tight turnaround for a significant
amount of data and information. The Committee is also concerned
that institutions are dropping out of the GI Bill program
because of the increased amount of bureaucracy Congress and VA
has placed on institutions. The Committee believes that by
increasing the time for a school to do a compliance survey for
institutions that have time stamped documents, schools will
have to deal with less bureaucracy while still preventing other
institutions from potentially defrauding the federal
government.
Section 6: Notification of School Certifying Officials of Handbook
Updates
This section would require VA to publish the SCO handbook
updates no later than fourteen business days after the handbook
has been updated. The Committee believes this is important
because in 2020, the SCO handbook was moved to an online format
by VA. This created an issue for schools because there was
minimal communication from VA that updates to the handbook
would no longer be sent out. SCO's have told the Committee that
they need to know what updates have been made to the handbook
in order to meet VA compliance standards and avoid mistakes
that may trigger a Risk-Based Survey or impact the delivery of
education benefits.
Section 7: Extension of Certain Limits on Payments of Pension
Under current law (38 U.S.C. Sec. 5503(d)), the amount of
VA pension paid to a veteran with no spouse or child, a
veteran's surviving spouse with no children, or a veteran's
child, who are admitted to a VA or Medicaid sponsored nursing
facility is capped at $90 a month. This section would cover the
costs of the other sections of this bill by extending this cap
from November 30, 2031, to March 31, 2033. Because they receive
government sponsored care in a nursing home, these pension
beneficiaries do not require the full amount of pension to
cover their cost of living. The Committee believes this short-
term extension of the current limit on pension payments is a
reasonable way to cover the costs associated with the other
sections of this bill.
Hearings
On March 11, 2025, the Subcommittee on Economic Opportunity
held a legislative hearing on H.R. 1458, and other bills that
were pending before the subcommittee.
The following witnesses testified:
Mr. John Bell, Executive Director of Loan Guaranty
Service, U.S. Department of Veterans Affairs; Mr. Nick
Pamperin, Executive Director, Veterans Readiness and
Employment, U.S. Department of Veterans Affairs; Mr.
Thomas J. Alphonso, Assistant Director, Policy and
Implementation, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Ms. Jill Albanese,
Director of Clinical Operations, U.S. Department of
Veterans Affairs; Ms. Kristina Keenan, Deputy Director,
National Legislative Service, Veterans of Foreign Wars;
Ms. Julie Howell, Associate Legislative Director for
Governmental Relations, Paralyzed Veterans of America;
Ms. Elizabeth Balce, Executive Vice President of
Servicing at Carrington Mortgage, Mortgage Bankers
Association; Mr. Tobias Peter, Co-Director of the
Housing Center, Senior Fellow, American Enterprise
Institute; and Mr. Will Hubbard, Vice President for
Veterans and Military Policy, Veterans Education
Success.
The following individuals and organizations submitted
statements for the record:
Freedom Mortgage, Student Veterans of America, the
Veterans Education Project, National Association of
Veterans Program Administrators, National Consumer Law
Center, BraunAbility, National Mobility Equipment
Dealers Association, and the National Alliance to End
Homelessness.
Subcommittee Consideration
On April 9, 2025, the Subcommittee on Economic Opportunity
held a markup on the legislation included in the text of this
bill H.R. 1458.
An amendment in the nature of a substitute to H.R.
1572, offered by Representative Van Orden, to provide a
minimum of 10 days' notice for SCOs to prepare for
compliance surveys and remove a section that allowed
only one compliance survey for institutions with branch
campuses, was agreed to by voice vote. A motion to
favorably forward the bill offered by Ranking Member
Pappas was agreed to by voice vote.
An amendment in the nature of a substitute to H.R.
1872, offered by Representative Van Orden, to correct
the section of the code included in the bill and ensure
servicemembers are reimbursed, was adopted by voice
vote. A motion to favorably forward the bill to the
full committee offered by Ranking Member Pappas, was
agreed to by voice vote.
A motion by Representative Barrett to favorably
forward H.R. 1458 to the full committee was agreed to
by voice vote.
Committee Consideration
On May 6, 2025, the full Committee met in open markup
session, a quorum being present to consider H.R. 1458.
During consideration of the bill an amendment in the nature
of a substitute was offered by Chairman Bost of Illinois that
would include H.R. 1527 and H.R. 1872 in this bill and provide
an offset. This amendment in the nature of a substitute was
agreed to by voice vote.
An amendment to the amendment in the nature of a substitute
offered by Ranking Member Takano of California was offered to
require accredited college degree programs to use an annual
debt to earnings ratio equal to or less than 20% to be eligible
to participate in hybrid independent study programs. This
amendment would require a discretionary debt-to-earnings ratio
equal to or less than eight percent to participate in GI Bill
funding. The amendment to the amendment in the nature of a
substitute failed by voice vote.
An amendment to the amendment in the nature of a substitute
was offered by Representative Ramirez from Illinois to include
H.R. 1423, the Guard and Reserve GI Bill Parity Act of 2025, as
a new section of the bill. This language would not be offset
and would include language where individuals who never
qualified for the GI Bill by service overseas during Iraq and
Afghanistan would receive a better GI Bill than active-duty
servicemembers who were deployed. This amendment to the
amendment in the nature of a substitute failed by a vote of 11
ayes, 13 noes.
A motion by Representative Bergman to report H.R. 1458, as
amended, favorably to the House of Representatives, was agreed
to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, one recorded vote was taken on an
amendment to the amendment in the nature of a substitute to
H.R. 1458.
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.
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 of H.R. 1458, as amended, are to improve
and modernize GI Bill Programs to ensure they are working for
veterans.
Earmarks and Tax and Tariff Benefits
H.R. 1458, 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.
Committee Cost Estimate
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office
Cost Estimate
Pursuant to clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives, the following is the cost
estimate for H.R. 1458, as amended, provided by the
Congressional Budget Office (CBO) pursuant to section 402 of
the Congressional Budget Act of 1974:
The bill would:
Increase certain refunds that are paid by
the Department of Veterans Affairs (VA) under the Post-
9/11 GI Bill
Expand the types of educational institutions
that can offer independent study courses to people who
are using VA benefits
Extend the reduction of pensions that VA
pays to veterans and survivors residing in Medicaid
nursing homes
Require VA to notify schools about changes
to policies concerning education benefits
Estimated budgetary effects would mainly stem from:
Increasing payments under education benefit
programs
Reducing pension payments
Bill summary: H.R. 1458 would make several modifications,
specifically related to GI Bill contributions and independent
study courses, to education benefit programs administered by
the Department of Veterans Affairs (VA). The bill also would
extend the reduction of pension payments from VA for veterans
and survivors who reside in Medicaid nursing homes. Finally,
the bill would require VA to notify schools about changes to
policies that affect education benefits.
Estimated Federal cost: The estimated budgetary effects of
H.R. 1458 are shown in Table 1. The costs of the legislation
fall within budget functions 550 (health) and 700 (veterans
benefits and services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 1458
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------------------------------
2025- 2025-
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2030 2035
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Contribution Refunds:
Estimated Budget Authority............................. 1 5 5 4 4 3 2 1 1 1 1 22 28
Estimated Outlays...................................... 1 5 5 4 4 3 2 1 1 1 1 22 28
Independent Study:
Estimated Budget Authority............................. 1 3 3 3 3 3 3 3 4 4 4 16 34
Estimated Outlays...................................... 1 3 3 3 3 3 3 3 4 4 4 16 34
Pensions:
Estimated Budget Authority............................. 0 0 0 0 0 0 0 -40 -24 0 0 0 -64
Estimated Outlays...................................... 0 0 0 0 0 0 0 -40 -24 0 0 0 -64
Total Changes:
Estimated Budget Authority............................. 2 8 8 7 7 6 5 -36 -19 5 5 38 -2
Estimated Outlays...................................... 2 8 8 7 7 6 5 -36 -19 5 5 38 -2
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition to the amounts shown here, H.R. 1458 would increase spending subjection to appropriation by less than $500,000 over the 2025-2035 period.
Basis of estimate: For this estimate, CBO assumes that H.R.
1458 will be enacted in fiscal year 2025 and that provisions
will take effect upon enactment. CBO also estimates that
outlays will follow historical spending patterns for affected
programs.
Direct spending: H.R. 1458 would make several changes to VA
education benefit programs described below. The costs of those
programs are paid from mandatory appropriations. The bill also
would extend the reduction of pension payments for veterans and
survivors who reside in Medicaid nursing homes. In total, the
bill would decrease net direct spending by $2 million over the
2025-2035 period.
Education Benefit Reforms. Several sections of H.R. 1458
would modify education benefit programs administered by VA.
Those changes would increase net direct spending by $62 million
over the 2025-2035 period.
Contribution refunds. Under the Montgomery GI Bill (MGIB),
service members must contribute at least $1,200 from their
basic pay to become eligible for benefits. Contributions are
not required for eligibility under the Post-9/11 GI Bill, which
pays for tuition and fees and, in most cases, includes a
monthly housing allowance. People who are eligible for both the
MGIB and Post-9/11 GI Bill may receive a refund of their MGIB
contributions if they received benefits--including a housing
allowance--under the Post-9/11 GI Bill. That refund is made if
they use all 36 months of Post-9/11 GI Bill benefits for which
they are eligible. The refund is paid along with their last
monthly housing payment.
Section 2 would require VA to refund MGIB contributions to
beneficiaries within 60 days of the last benefit payment they
receive under the Post-9/11 GI Bill, regardless of whether they
receive a housing allowance. Using data from VA, CBO estimates
that, under H.R. 1458, roughly 24,000 more people would receive
refunds over the 2025-2035 period, increasing direct spending
by $28 million.
Independent Study. Section 3 would allow veterans to use
their education benefits for independent study programs offered
by for-profit schools that are approved to participate in the
Department of Education's financial assistance programs.
Independent study is training through which an individual
student and instructor meet or communicate directly to explore
a chosen subject rather than regularly gathering in a classroom
with a group of students. Benefits cannot be used for
independent study programs at for-profit schools under current
law.
Using information from VA, CBO estimates that under this
provision, about 150 people would use more education benefits
each year than they would use under current law. The average
cost of those benefits would be about $18,000 in 2025. After
adjusting for annual inflation, those additional benefit
payments would increase direct spending by $34 million over the
2025-2035 period, CBO estimates.
Activation During School. Section 4 would expand the
options available to students using VA education benefits who
are activated for military service during an academic term.
Those students could agree with their schools to complete
courses by other means if they have completed at least half of
the courses in their program of education. Students are
currently able to take a leave of absence if activated, after
which schools must allow them to attempt to complete the
academic term. Because both options enable students to complete
their academic obligations and the section would not affect
benefits paid for tuition and fees, CBO does not expect section
4 to significantly change direct spending.
Pensions. Under current law, VA reduces pension payments to
veterans and survivors who reside in Medicaid nursing homes to
$90 per month. That required reduction expires November 30,
2031. Section 7 would extend that reduction for 16 months
through March 31, 2033. CBO estimates that extending that
requirement would reduce VA benefits by $10 million per month.
(Those benefits are paid from mandatory appropriations and are
therefore considered direct spending.) As a result of that
reduction in beneficiaries' income, Medicaid would pay more of
the cost of their care, increasing spending for that program by
$6 million per month. Thus, enacting section 7 would reduce net
direct spending by $64 million over the 2025-2035 period.
Spending subject to appropriation: Section 6 would require
VA to notify schools that participate in education benefit
programs administered by the department of changes to policies
that affect those programs within two weeks. CBO estimates that
such notifications would increase spending subject to
appropriation by less than $500,000 over the 2025-2035 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 1.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting H.R. 1458 would not increase net direct
spending by more than $2.5 billion in any of the four
consecutive 10-year periods beginning in 2036.
CBO estimates that enacting H.R. 1458 would not increase
on-budget deficits by more than $5 billion in any of the four
consecutive 10-year periods beginning in 2036.
Mandates: The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
Estimate prepared by: Federal Costs: Paul B.A. Holland (for
education benefits); Logan Smith (for pensions); Mandates:
Grace Watson.
Estimate reviewed by: David Newman, Chief, Defense,
International Affairs, and Veterans' Affairs Cost Estimates
Unit; Kathleen FitzGerald, Chief, Public and Private Mandates
Unit; Christina Hawley Anthony, Deputy Director of Budget
Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 1458, as
amended.
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.
1458, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 1458, 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. 1458, as amended, would establish or reauthorize 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. Short title
This section would establish the short title of the bill as
the ``Veterans Education and Technical Skills Opportunity Act
of 2025'' or the ``VETS Opportunity Act.''
Section 2: Repayment of members of the armed forced for contributions
towards post 9/11 educational assistance: timing, mechanism for
individuals not eligible for a monthly housing stipend
This section would amend 38 U.S.C. Sec. 3327 to add in a
new subsection (f) and strike the word together in order to
ensure that veterans who do not receive their $1,200 refund in
their last monthly housing allowance are able to receive it as
a lump sum payment. Veterans who do receive this payment
through their last monthly housing stipend would still be able
to receive it through that process.
Section 3: Treatment of independent study programs under educational
assistance programs under educational assistance programs of
Department of Veterans Affairs
This section would amend 38 U.S.C.
Sec. 3680(A)(a)(4)(ii)(III) by inserting ``that requires
regular and substantive interaction between students and
instructors `after' ``course of study.'' This section would
also add language identical to the language in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002) for schools
approved through Title IV. This would make it clear that to
participate in the GI Bill a program would need to have the
requisite amount of interaction between students and
instructors.
Section 4: Absence from certain education due to certain service
This section would amend 38 U.S.C. Sec. 3691A by inserting
a new section which would allow National Guard and Reservists
who get called into active duty and have completed more than
half of a course to receive a grade instead of having to
withdraw if they can work out an arrangement with the
eductional institution to receive a grade.
Section 5: Department of Veterans Affairs compliance surveys
This section would amend 38 U.S.C. Sec. 3693 of this title
by striking ``not more than 10 business days' notice'' and
inserting in ``in the case of an educational institution or
training establishment with a time stamp database collection
feature, not fewer than 10, and not more 10 than 15, business
days of notice; and ``(2) in the case of any other educational
institution or training establishment, not more than 10
business days of notice.'' This would provide a minimum number
of days' notice for schools and allow for more notice for
schools that use time stamp technology to make sure that
records cannot be tampered with. This fleibility in notice
would allow SCOs to adjust their schedules to be able to
complete the compliance survey.
Section 6: Notification of school certifying officials of handbook
updates
This section would require VA to notify SCOs within 14 days
of an update to the SCO handbook. The current version is not
accessible in PDF form and is only located online. This section
would also ensure that SCOs are aware of any updates to
compliance.
Section 7: Extension of certain limits on payments of pension
Section 7 would extend the limitation of pension payable to
certain veterans, their surviving spouses, and their children
as established in section 5503(d)(7) of title 38, United States
Code, from November 30, 2031, to March 31, 2033.
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 italics, 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 italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
* * * * * * *
Sec. 3327. Election to receive educational assistance
(a) Individuals Eligible To Elect Participation in Post-9/11
Educational Assistance.--An individual may elect to receive
educational assistance under this chapter if such individual--
(1) as of August 1, 2009--
(A) is entitled to basic educational
assistance under chapter 30 of this title and
has used, but retains unused, entitlement under
that chapter;
(B) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10
and has used, but retains unused, entitlement
under the applicable chapter;
(C) is entitled to basic educational
assistance under chapter 30 of this title but
has not used any entitlement under that
chapter;
(D) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10
but has not used any entitlement under such
chapter;
(E) is a member of the Armed Forces who is
eligible for receipt of basic educational
assistance under chapter 30 of this title and
is making contributions toward such assistance
under section 3011(b) or 3012(c) of this title;
or
(F) is a member of the Armed Forces who is
not entitled to basic educational assistance
under chapter 30 of this title by reason of an
election under section 3011(c)(1) or 3012(d)(1)
of this title; and
(2) as of the date of the individual's election under
this paragraph, meets the requirements for entitlement
to educational assistance under this chapter.
(b) Cessation of Contributions Toward GI Bill.--Effective as
of the first month beginning on or after the date of an
election under subsection (a) of an individual described by
paragraph (1)(E) of that subsection, the obligation of the
individual to make contributions under section 3011(b) or
3012(c) of this title, as applicable, shall cease, and the
requirements of such section shall be deemed to be no longer
applicable to the individual.
(c) Revocation of Remaining Transferred Entitlement.--
(1) Election to revoke.--If, on the date an
individual described in paragraph (1)(A) or (1)(C) of
subsection (a) makes an election under that subsection,
a transfer of the entitlement of the individual to
basic educational assistance under section 3020 of this
title is in effect and a number of months of the
entitlement so transferred remain unutilized, the
individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
(2) Availability of revoked entitlement.--Any
entitlement revoked by an individual under this
subsection shall no longer be available to the
dependent to whom transferred, but shall be available
to the individual instead for educational assistance
under chapter 33 of this title in accordance with the
provisions of this section.
(3) Availability of unrevoked entitlement.--Any
entitlement described in paragraph (1) that is not
revoked by an individual in accordance with that
paragraph shall remain available to the dependent or
dependents concerned in accordance with the current
transfer of such entitlement under section 3020 of this
title.
(d) Post-9/11 Educational Assistance.--
(1) In general.--Subject to paragraph (2) and except
as provided in subsection (e), an individual making an
election under subsection (a) shall be entitled to
educational assistance under this chapter in accordance
with the provisions of this chapter, instead of basic
educational assistance under chapter 30 of this title,
or educational assistance under chapter 107, 1606, or
1607 of title 10, as applicable.
(2) Limitation on entitlement for certain
individuals.--In the case of an individual making an
election under subsection (a) who is described by
paragraph (1)(A) of that subsection, the number of
months of entitlement of the individual to educational
assistance under this chapter shall be the number of
months equal to--
(A) the number of months of unused
entitlement of the individual under chapter 30
of this title, as of the date of the election,
plus
(B) the number of months, if any, of
entitlement revoked by the individual under
subsection (c)(1).
(e) Continuing Entitlement to Educational Assistance Not
Available Under Post-9/11 Educational Assistance Program.--
(1) In general.--In the event educational assistance
to which an individual making an election under
subsection (a) would be entitled under chapter 30 of
this title, or chapter 107, 1606, or 1607 of title 10,
as applicable, is not authorized to be available to the
individual under the provisions of this chapter, the
individual shall remain entitled to such educational
assistance in accordance with the provisions of the
applicable chapter.
(2) Charge for use of entitlement.--The utilization
by an individual of entitlement under paragraph (1)
shall be chargeable against the entitlement of the
individual to educational assistance under this chapter
at the rate of 1 month of entitlement under this
chapter for each month of entitlement utilized by the
individual under paragraph (1) (as determined as if
such entitlement were utilized under the provisions of
chapter 30 of this title, or chapter 107, 1606, or 1607
of title 10, as applicable).
(f) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward GI Bill.--
(1) Additional assistance for an individual eligible
for a monthly housing stipend.--In the case of an
individual making an election under subsection (a) who
is described by subparagraph (A), (C), or (E) of
paragraph (1) of that subsection, the amount of
educational assistance payable to the individual under
this chapter as a monthly stipend payable under
paragraph (1)(B) of section 3313(c) of this title, or
under [paragraphs (2) through (7)] paragraphs (2)
through (6) of that section (as applicable), shall be
the amount otherwise payable as a monthly stipend under
the applicable paragraph increased by the amount equal
to--
(A) the total amount of contributions toward
basic educational assistance made by the
individual under section 3011(b) or 3012(c) of
this title, as of the date of the election,
multiplied by
(B) the fraction--
(i) the numerator of which is--
(I) the number of months of
entitlement to basic
educational assistance under
chapter 30 of this title
remaining to the individual at
the time of the election; plus
(II) the number of months, if
any, of entitlement under
chapter 30 of this title
revoked by the individual under
subsection (c)(1); and
(ii) the denominator of which is 36
months.
(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by
paragraph (1) who is described by subsection (a)(1)(E),
the number of months of entitlement to basic
educational assistance remaining to the individual for
purposes of paragraph (1)(B)(i)(II) shall be 36 months.
(3) Timing of payment.--The amount payable with
respect to an individual under paragraph (1) shall be
paid to the individual [together with the last payment
of the monthly stipend payable to the individual under
paragraph (1)(B) of section 3313(c) of this title, or
under paragraphs (2) through (7) of that section (as
applicable), before] not later than 60 days after the
exhaustion of the individual's entitlement to
educational assistance under this chapter.
(4) Additional assistance for an individual not
eligible for a monthly housing stipend.--In the case of
an individual making an election under subsection (a)
who is described by subparagraph (A), (C), or (E) of
paragraph (1) of that subsection, and who is not
eligible for a monthly stipend payable under section
3313(c) of this title, the educational assistance
payable to the individual under this chapter shall be
paid--
(A) in a lump sum calculated by multiplying--
(i) the total amount of contributions
described in paragraph (1)(A) with
regards to such individual; and
(ii) the sum of the number of months
described in subclauses (I) and (II) of
paragraph (1)(B)(i) with regards to
such individual; and
(B) to the individual not later than 60 days
after the exhaustion of the individual's
entitlement to educational assistance under
this chapter.
(g) Continuing Entitlement to Additional Assistance for
Critical Skills or Specialty and Additional Service.--An
individual making an election under subsection (a)(1) who, at
the time of the election, is entitled to increased educational
assistance under section 3015(d) of this title, or section
16131(i) of title 10, or supplemental educational assistance
under subchapter III of chapter 30 of this title, shall remain
entitled to such increased educational assistance or
supplemental educational assistance in the utilization of
entitlement to educational assistance under this chapter, in an
amount equal to the quarter, semester, or term, as applicable,
equivalent of the monthly amount of such increased educational
assistance or supplemental educational assistance payable with
respect to the individual at the time of the election.
(h) Alternative Election by Secretary.--
(1) In general.--In the case of an individual who, on
or after January 1, 2017, submits to the Secretary an
election under this section that the Secretary
determines is clearly against the interests of the
individual, or who fails to make an election under this
section, the Secretary may make an alternative election
on behalf of the individual that the Secretary
determines is in the best interests of the individual.
(2) Notice.--If the Secretary makes an election on
behalf of an individual under this subsection, the
Secretary shall notify the individual by not later than
seven days after making such election and shall provide
the individual with a 30-day period, beginning on the
date of the individual's receipt of such notice, during
which the individual may modify or revoke the election
made by the Secretary on the individual's behalf. The
Secretary shall include, as part of such notice, a
clear statement of why the alternative election made by
the Secretary is in the best interests of the
individual as compared to the election submitted by the
individual. The Secretary shall provide the notice
required under this paragraph by electronic means
whenever possible.
(i) Irrevocability of Elections.--An election under
subsection (a) or (c)(1) is irrevocable.
* * * * * * *
CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
Sec.
SUBCHAPTER I--EMERGENCY SITUATIONS
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
* * * * * * *
[3691A. Withdrawal or leave of absence from certain education.]
3691A. Absence from certain education due to certain service.
* * * * * * *
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 3680A. Disapproval of enrollment in certain courses
(a) The Secretary shall not approve the enrollment of an
eligible veteran in any of the following:
(1) Any bartending course or personality development
course.
(2) Any sales or sales management course which does
not provide specialized training within a specific
vocational field.
(3) Any type of course which the Secretary finds to
be avocational or recreational in character (or the
advertising for which the Secretary finds contains
significant avocational or recreational themes) unless
the veteran submits justification showing that the
course will be of bona fide use in the pursuit of the
veteran's present or contemplated business or
occupation.
(4) Any independent study program except--
(A) an independent study program (including
such a program taken over open circuit
television) that--
(i) is accredited by an accrediting
agency or association recognized by the
Secretary of Education under subpart 2
of part H of title IV of the Higher
Education Act of 1965 (20 U.S.C.
1099b);
(ii) leads to--
(I) a standard college
degree;
(II) a certificate that
reflects educational attainment
offered by an institution of
higher learning; or
(III) a certificate that
reflects graduation from a
course of study that requires
regular and substantive
interaction between students
and instructors offered by--
(aa) an area career
and technical education
school (as defined in
subparagraphs (C) and
(D) of section 3(3) of
the Carl D. Perkins
Career and Technical
Education Act of 2006
(20 U.S.C. 2302(3)))
that provides education
at the postsecondary
level[; or];
(bb) a postsecondary
vocational institution
(as defined in section
102(c) of the Higher
Education Act of 1965
(20 U.S.C. 1002(c)))
that provides education
at the postsecondary
level[; and]; or
(cc) an institution
of higher education, as
such term is defined in
section 102 of the
Higher Education Act of
1965 (20 U.S.C. 1002),
that is approved to
participate or
participating in the
student financial
assistance programs
authorized by title IV
of that Act; and
(iii) in the case of a program
described in clause (ii)(III)--
(I) provides training aligned
with the requirements of
employers in the State or local
area where the program is
located, which may include in-
demand industry sectors or
occupations;
(II) provides a student, upon
graduation from the program,
with a recognized postsecondary
credential that is recognized
by employers in the relevant
industry, which may include a
credential recognized by
industry or sector partnerships
in the State or local area
where the industry is located;
and
(III) meets such content and
instructional standards as may
be required to comply with the
criteria under section
3676(c)(14) and (15) of this
title; or
(B) an online high technology program of
education (as defined in subsection (h)(2) of
section 3699C of this title)--
(i) the provider of which has entered
into a contract with the Secretary
under subsection (c) of such section;
(ii) that has been provided to
covered individuals (as defined in
subsection (h)(1) of such section)
under such contract for a period of at
least five years;
(iii) regarding which the Secretary
has determined that the average
employment rate of covered individuals
who graduated from such program of
education is 65 percent or higher for
the year preceding such determination;
and
(iv) that satisfies the requirements
of subsection (e) of such section.
(b) Except to the extent otherwise specifically provided in
this title or chapter 106 of title 10, the Secretary shall not
approve the enrollment of an eligible veteran in any course of
flight training other than one given by an educational
institution of higher learning for credit toward a standard
college degree the eligible veteran is seeking.
(c) The Secretary shall not approve the enrollment of an
eligible veteran in any course to be pursued by radio.
(d)(1) The Secretary shall not approve the enrollment of any
eligible veteran, not already enrolled, in any course for any
period during which the Secretary finds that more than 85
percent of the students enrolled in the course are having all
or part of their tuition, fees, or other charges paid to or for
them by the educational institution or by the Department of
Veterans Affairs under this title or under chapter 1606 of
title 10, except with respect to tuition, fees, or other
charges that are paid under a payment plan at an educational
institution that the Secretary determines has a history of
offering payment plans that are completed not later than 180
days after the end of the applicable term, quarter, or
semester.
(2) The Secretary may waive the requirements of paragraph
(1), in whole or in part, if the Secretary determines, pursuant
to regulations which the Secretary shall prescribe, it to be in
the interest of the eligible veteran and the Federal
Government.
(3)(A) The Secretary shall establish a process by which an
educational institution may request a review of a determination
that the educational institution does not meet the requirements
of paragraph (1).
(B) An educational institution that requests a review under
subparagraph (A)--
(i) shall request the review not later than 30 days
after the start of the term, quarter, or semester for
which the determination described in subparagraph (A)
applies; and
(ii) may include any information that the educational
institution believes the Department should have taken
into account when making the determination, including
with respect to any mitigating circumstances.
(C) The Under Secretary of Benefits shall issue an initial
decision for each review requested under subparagraph (A) by
not later than 30 days after the date of the request, to the
extent feasible.
(D) An educational institution may request the Secretary to
review the decision by the Under Secretary under subparagraph
(C). The Secretary shall review each decision so requested and,
pursuant to such review, shall issue a final decision
sustaining, modifying, or overturning the decision by the Under
Secretary.
(E) The Secretary shall carry out this paragraph without
regard to any review process carried out by the Secretary under
chapter 51 of this title.
(4) Paragraph (1) shall not apply to any course offered by an
educational institution if--
(A) the majority of courses offered by the
educational institution are approved under section 3672
or 3675 of this title; and
(B) the total number of veterans and persons
receiving assistance under this title or under chapter
1606 of title 10 who are enrolled in such institution
equals 35 percent or less of the total student
enrollment at such institution (computed separately for
the main campus and any branch or extension of such
institution).
(5)(A) Paragraph (1) shall not apply to any course offered by
an educational institution if--
(i) the majority of courses offered by the
educational institution are approved under section 3676
of this title; and
(ii) the total number of veterans and persons
receiving assistance under this title or under chapter
1606 of title 10 who are enrolled in such institution
equals 35 percent or less of the total student
enrollment at such institution (computed separately for
the main campus and any branch or extension of such
institution).
(B) Notwithstanding subparagraph (A), on a case by case
basis, the Secretary may apply paragraph (1) with respect to
any course otherwise covered by such subparagraph if the
Secretary has reason to believe that the enrollment of veterans
and persons described in clause (ii) of such subparagraph may
be in excess of 85 percent of the total student enrollment in
such course.
(6) The Secretary shall ensure that an educational
institution that meets the requirements of paragraph (4) or (5)
submits information to the Secretary on a biennial basis to
verify meeting such requirements. During such biennial period
in which an educational institution is covered by such
verification, the Secretary may not require the educational
institution to submit information with respect to meeting the
requirements of paragraph (1).
(7) Paragraph (1) shall not apply with respect to the
enrollment of a veteran--
(A) in a program of education for which fewer than 10
students are having all or part of their tuition, fees,
or other charges paid to or for them by the educational
institution or by the Department of Veterans Affairs
under this title or under chapter 1606 of title 10;
(B) in a course offered pursuant to section 3019,
3034(a)(3), 3234, or 3241(a)(2) of this title;
(C) in a farm cooperative training course; or
(D) in a course described in subsection (g).
(8) Paragraph (1) shall not apply to the enrollment of a
veteran in an online high technology program described in
subsection (a)(4)(B).
(e)(1) The Secretary may not approve the enrollment of an
eligible veteran in a course not leading to a standard college
degree offered by a proprietary profit or proprietary nonprofit
educational institution if--
(A) the educational institution has been operating
for less than two years;
(B) except as provided in paragraph (2),the course is
offered at a branch of the educational institution and
the branch has been operating for less than two years;
or
(C) following either a change in ownership or a
complete move outside its original general locality,
the educational institution does not retain
substantially the same faculty, student body, and
courses as before the change in ownership or the move
outside the general locality (as determined in
accordance with regulations the Secretary shall
prescribe) unless the educational institution following
such change or move has been in operation for at least
two years.
(2)(A) Subject to this paragraph, a commercial driver
education program is exempt from paragraph (1)(B) for a branch
of an educational institution if--
(i) the commercial driver education program offered
at the branch by the educational institution is
approved for purposes of this chapter by a State
approving agency (or the Secretary when acting in the
role of a State approving agency); and
(ii)(I) such branch is located in a State in which
such educational institution offers such commercial
driver education program at another branch of such
educational institution; or
(II) such branch--
(aa) has been operating for at least one
year; and
(bb) offers such commercial driver education
program, using the same curriculum as another
branch of such educational institution.
(B)(i) In order for a commercial driver education program of
an educational institution offered at a branch described in
paragraph (1)(B) to be exempt under subparagraph (A) of this
paragraph, the educational institution shall submit to the
Secretary each year that paragraph (1)(B) would otherwise apply
a report that demonstrates that the curriculum at the new
branch is the same as the curriculum at the primary location.
(ii) Reporting under clause (i) shall be submitted in
accordance with such requirements as the Secretary shall
establish in consultation with the State approving agencies.
(C)(i) The Secretary may withhold an exemption under
subparagraph (A) for any educational institution or branch of
an educational institution as the Secretary considers
appropriate.
(ii) In making any determination under clause (i), the
Secretary may consult with the Secretary of Transportation on
the performance of a provider of a commercial driver program,
including the status of the provider within the Training
Provider Registry of the Federal Motor Carrier Safety
Administration when appropriate.
(D) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a
notification not later than 30 days after the Secretary grants
an exemption under subparagraph (A). Such notification shall
identify the educational institution, and the branch thereof,
granted such exemption.
(f)(1) Except as provided in paragraph (2), the Secretary may
not approve the enrollment of an eligible veteran in a course
as a part of a program of education offered by an educational
institution if the course is provided under contract by another
educational institution or entity and--
(A) the Secretary would be barred under subsection
(e) from approving the enrollment of an eligible
veteran in the course of the educational institution or
entity providing the course under contract; or
(B) the educational institution or entity providing
the course under contract has not obtained approval for
the course under this chapter.
(2)(A) In the case of a covered study-abroad course, the
Secretary may approve the course for a period of not more than
five years, if the contract or other written agreement under
which the course is offered provides that--
(i) the educational institution that offers a course
that is approved under this chapter agrees--
(I) to assume responsibility for the quality
and content of the covered study-abroad course;
and
(II) to serve as the certifying official for
the course for purposes of this chapter; and
(ii) the educational institution that offers the
covered study-abroad course agrees to seek the approval
of the course under this chapter by not later than five
years after the date of the agreement.
(B) In this paragraph, the term ``covered study-abroad
course'' means a course that--
(i) is provided as a part of a program of education
offered by an educational institution under a contract
or other written agreement by another educational
institution that offers a course that is approved under
this chapter;
(ii) is provided at a location in a foreign country;
and
(iii) has not been approved under this chapter.
(g) Notwithstanding subsections (e) and (f)(1), the Secretary
may approve the enrollment of an eligible veteran in a course
approved under this chapter if the course is offered by an
educational institution under contract with the Department of
Defense or the Department of Homeland Security and is given on
or immediately adjacent to a military base, Coast Guard
station, National Guard facility, or facility of the Selected
Reserve.
(h) In this section, the terms ``State or local area'',
``recognized postsecondary credential'', ``industry or sector
partnership'', and ``in-demand industry sector or occupation''
have the meaning given such terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
* * * * * * *
Sec. 3691A. [Withdrawal or leave of absence from certain education]
Absence from certain education due to certain
service
(a) In General.--[(1) A covered member may, after receiving
orders to enter a period of covered service, withdraw or take a
leave of absence from covered education.] (1) A covered member
may, after receiving orders to enter a period of covered
service--
(A) withdraw from covered education;
(B) take a leave of absence from covered education;
or
(C) subject to subsection (d), enter into an
agreement with the institution concerned to complete a
course of covered education to the satisfaction of such
institution concerned.
(2)(A) The institution concerned may not take any adverse
action against a covered member on the basis that such covered
member withdraws [or takes a leave of absence], takes a leave
of absence, or enters into an agreement under paragraph (1).
(B) Adverse actions under subparagraph (A) include the
following:
(i) The assignment of a failing grade to a covered
member for covered education.
(ii) The reduction of the grade point average of a
covered member for covered education.
(iii) The characterization of any absence of a
covered member from covered education as unexcused.
(iv) The assessment of any financial penalty against
a covered member.
(b) Withdrawal.--If a covered member withdraws from covered
education under subsection (a), the institution concerned shall
refund all tuition and fees (including payments for housing)
for the academic term from which the covered member withdraws.
(c) Leave of Absence.--If a covered member takes a leave of
absence from covered education under subsection (a), the
institution concerned shall--
(1) assign a grade of ``incomplete'' (or equivalent)
to the covered member for covered education for the
academic term from which the covered member takes such
leave of absence; and
(2) to the extent practicable, permit the covered
member, upon completion of the period covered service,
to complete such academic term.
(d) Agreement With Institution Concerned.--A covered member
may enter into an agreement under subsection (a) only if the
covered member has completed at least half of a course of
covered education.
[(d)] (e) Definitions.--In this section:
(1) The term ``covered education'' means a course of
education--
(A) at an institution of higher education;
and
(B) paid for with educational assistance
furnished under a law administered by the
Secretary.
(2) The term ``covered member'' means a member of the
Armed Forces (including the reserve components)
enrolled in covered education.
(3) The term ``covered service'' means--
(A) active service or inactive-duty training,
as such terms are defined in section 101 of
title 10; or
(B) State active duty, as defined in section
4303 of this title.
(4) The term ``institution concerned'' means, with
respect to a covered member, the institution of higher
education where the covered member is enrolled in
covered education.
(5) The term ``institution of higher education'' has
the meaning given such term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(6) The term ``period of covered service'' means the
period beginning on the date on which a covered member
enters covered service and ending on the date on which
the covered member is released from covered service or
dies while in covered service.
* * * * * * *
Sec. 3693. Compliance surveys
(a)(1) Except as provided in subsection (b), the Secretary
shall conduct an annual compliance survey of educational
institutions and training establishments offering one or more
courses approved for the enrollment of eligible veterans or
persons if at least 20 such veterans or persons are enrolled in
any such course. The Secretary shall--
(A) design the compliance surveys to ensure that such
institutions or establishments, as the case may be, and
approved courses are in compliance with all applicable
provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and
training establishment not less than once during every
2-year period; and
(C) assign not fewer than 1 education compliance
specialist to work on compliance surveys in any year
for each 40 compliance surveys required to be made
under this section for such year.
(2) The Secretary, in consultation with the State approving
agencies, shall--
(A) annually determine the parameters of the surveys
required under paragraph (1); and
(B) not later than September 1 of each year, make
available to the State approving agencies a list of the
educational institutions and training establishments
that will be surveyed during the fiscal year following
the date of making such list available.
(b) The Secretary may waive the requirement in subsection
(a)(1) for a compliance survey with respect to an educational
institution or training establishment if the Secretary
determines, based on the record of compliance of such
institution or establishment with all the applicable provisions
of chapters 30 through 36 of this title, that the waiver would
be appropriate and in the best interest of the United States
Government.
(c) To the maximum extent feasible, the Secretary, or a State
approving agency, as applicable, shall provide [not more than
10 business days of notice] to an educational institution or
training establishment before conducting a compliance survey of
the institution or establishment under [this section.] this
section--
(1) in the case of an educational institution or
training establishment with a time stamp database
collection feature, not fewer than 10, and not more
than 15, business days of notice; and
(2) in the case of any other educational institution
or training establishment, not more than 10 business
days of notice.
[(d) In this section, the terms ``educational institution''
and ``training establishment'' have the meanings given such
terms in section 3452 of this title.]
(d) Definitions.--In this section:
(1) The terms ``educational institution'' and
``training establishment'' have the meanings given such
terms in section 3452 of this title.
(2) The term ``school certifying official'' means an
employee of an educational institution with primary
responsibility for certifying veteran enrollment at the
educational institution.
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS
* * * * * * *
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child
is being furnished domiciliary care by the Department, no
pension in excess of $90 per month shall be paid to or for the
veteran for any period after the end of the third full calendar
month following the month of admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph,
where any veteran having neither spouse nor child is being
furnished nursing home care by the Department, no pension in
excess of $90 per month shall be paid to or for the veteran for
any period after the end of the third full calendar month
following the month of admission for such care. Any amount in
excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be
deposited in a revolving fund at the Department medical
facility which furnished the veteran nursing care, and such
amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.
(C) No pension in excess of $90 per month shall be paid to or
for a veteran having neither spouse nor child for any period
after the month in which such veteran is readmitted for care
described in subparagraph (A) or (B) of this paragraph and
furnished by the Department if such veteran is readmitted
within six months of a period of care in connection with which
pension was reduced pursuant to subparagraph (A) or (B) of this
paragraph.
(D) In the case of a veteran being furnished nursing home
care by the Department and with respect to whom subparagraph
(B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three
additional calendar months after the last day of the third
month referred to in such subparagraph if the Secretary
determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to
provide such veteran with a prescribed program of
rehabilitation services, under chapter 17 of this title,
designed to restore such veteran's ability to function within
such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the
veteran to continue such program of rehabilitation services in
order to achieve the purposes of such program and that the
primary purpose of furnishing nursing home care to the veteran
continues to be the provision of such program to the veteran,
the reduction in pension required by subparagraph (B) of this
paragraph shall not be made for the number of calendar months
that the Secretary determines is necessary for the veteran to
achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a
veteran being furnished such care who has a spouse but whose
pension is payable under section 1521(b) of this title. In such
a case, the Secretary may apportion and pay to the spouse, upon
an affirmative showing of hardship, all or any part of the
amounts in excess of the amount payable to the veteran while
being furnished such care which would be payable to the veteran
if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or
any other provision of law, no reduction shall be made in the
pension of any veteran for any part of the period during which
the veteran is furnished hospital treatment, or institutional
or domiciliary care, for Hansen's disease, by the United States
or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance
allowance described in subsection (r) or (t) of section 1114 of
this title is hospitalized at Government expense, such
allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the
veteran's admission for such hospitalization for so long as
such hospitalization continues. Any discontinuance required by
administrative regulation, during hospitalization of a veteran
by the Department, of increased pension based on need of
regular aid and attendance or additional compensation based on
need of regular aid and attendance as described in subsection
(l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar
month which begins after the date of the veteran's admission
for hospitalization. In case a veteran affected by this
subsection leaves a hospital against medical advice and is
thereafter admitted to hospitalization within six months from
the date of such departure, such allowance, increased pension,
or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as
such hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for
medical assistance referred to in section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing
facility described in section 1919 of such Act (42
U.S.C. 1396r), other than a facility that is a State
home with respect to which the Secretary makes per diem
payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered
by a Medicaid plan for services furnished such veteran by a
nursing facility, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the month of
admission to such nursing facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility
pursuant to a Medicaid plan for services furnished a veteran
may not be reduced by any amount of pension permitted to be
paid such veteran under paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any
payment of pension in excess of the amount permitted under this
subsection that is paid to or for the veteran by reason of the
inability or failure of the Secretary to reduce the veteran's
pension under this subsection unless such inability or failure
is the result of a willful concealment by the veteran of
information necessary to make a reduction in pension under this
subsection.
(5)(A) The provisions of this subsection shall apply with
respect to a surviving spouse having no child in the same
manner as they apply to a veteran having neither spouse nor
child.
(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran having
neither spouse nor child.
(6) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(7) This subsection expires on [November 30, 2031] March 31,
2033.
* * * * * * *
MINORITY VIEWS
While we strongly support expanding educational access for
our nation's veterans, we have concerns with some unintended
consequences that H.R. 1458 may cause as currently drafted.
Specifically, Section 3 of the bill, which would authorize
the use of Post-9/11 GI Bill benefits for independent study
programs taught at non-degree-granting, for-profit
institutions, might be used by predatory operators to target
veterans with subpar programs and rob them of the benefits they
have so rightfully earned. While the Committee believes student
veterans should have the freedom to pursue higher education in
the manner that is most effective for them, H.R. 1458 risks
exposing student veterans to unnecessary risks. With the U.S.
Department of Education's ability to provide oversight in
jeopardy, expanding program approvals for new programs now is
misguided.
The GI Bill is one of the most important tools we have to
support the long-term success and economic mobility of
veterans. With that comes a responsibility to ensure that the
programs we approve for GI Bill funding are high-quality,
accountable, and lead to meaningful employment. H.R. 1458,
while well-intentioned, opens the door for a surge in non-
degree-granting, for-profit providers seeking to enroll
veterans in high-cost, low-quality programs that, in the vast
majority of cases, would not deliver on their promises. The
lack of minimal quality assurance mechanisms for non-degree
programs is what led to congressional action to exclude them
from eligibility for the Department of Defense's Tuition
Assistance Program in 2013.\1\
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\1\National Defense Authorization Act of 2014, Pub. L. 113-66, Sec.
541 (2013).
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H.R. 1458 compounds the risks associated with non-degree
programs with the additional fraud pathways inherent to
independent study, which is the paradigmatic cash-cow offering
for most providers because it eliminates their most costly (and
most impactful) contribution to students' education, i.e.,
qualified teachers and actual instruction. Many independent
study programs lack transparent data on graduation rates,
employment outcomes, or credential value. For example, we have
seen examples of independent study programs repurposing free
web seminars on YouTube as their own training and then having
unqualified staff ``lead'' the class. A student veteran from
Florida said of his program, ``The videos were outdated,
obsolete, and did not even follow along with the materials we
had been given.''\2\
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\2\Veteran Education Success (VES) provided examples of student
complaints to the Committee in September 2022.
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Another student veteran in Virginia complained about her
program's quality to an official at the school, saying, ``You
told me and several students that the instructor is not there
to instruct us and we should study the courses on YouTube.
Also, most of your materials are outdated and are not included
in the exams.''\3\
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\3\Veteran Education Success intake of student complaints, October
2021.
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Further, a student veteran in Ohio shared, ``The school
offered us a program to certify as a Microsoft Certified
Systems Engineer and we would need to take 3 courses to start .
. . [R]esearching the classes that we took, none of them are
requirement classes for the Microsoft certification and in fact
Microsoft has retired the Certified Systems Engineer
certification altogether as a ``Legacy'' certification.''\4\
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\4\Veteran Education Success intake of student complaints, July
2022.
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While the requirement for an institution to provide
``regular and substantive interaction between students and
instructors'' would provide a meaningful guardrail for
legitimate providers who voluntarily comply with the law, the
Committee Democrats believe further work is necessary to
provide a sufficient quality control mechanism for predatory
providers who can easily sidestep its intent through
performative compliance. Without strong and enforceable
guardrails, the Department of Veterans Affairs will struggle to
prevent waste, fraud, and abuse--at the expense of the very
veterans we aim to serve.
Veterans deserve the widest possible array of educational
opportunities--but not at the cost of diminished quality,
oversight, or value.
Mark Takano,
Ranking Member.
[all]