Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress    }                                 {   Rept. 115-864
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {          Part 1

======================================================================



 
NAVY SEAL CHIEF PETTY OFFICER WILLIAM ``BILL'' MULDER (RET.) TRANSITION 
                        IMPROVEMENT ACT OF 2018

                                _______
                                

                 July 24, 2018.--Ordered to be printed

                                _______
                                

    Mr. Roe of Tennessee, from the Committee on Veterans' Affairs, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5649]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 5649) to amend titles 10 and 38, United States 
Code, to amend the Social Security Act, and to direct the 
Secretaries of Veterans Affairs, Defense, Labor, and Homeland 
Security, and the Administrator of the Small Business 
Administration, to take certain actions to improve transition 
assistance to members of the Armed Forces who separate, retire, 
or are discharged from the Armed Forces, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     7
Background and Need for Legislation..............................     7
Hearings.........................................................    14
Subcommittee Consideration.......................................    15
Committee Consideration..........................................    16
Committee Votes..................................................    16
Committee Oversight Findings.....................................    16
Statement of General Performance Goals and Objectives............    16
New Budget Authority, Entitlement Authority, and Tax Expenditures    16
Earmarks and Tax and Tariff Benefits.............................    16
Committee Cost Estimate..........................................    16
Congressional Budget Office Estimate.............................    17
Federal Mandates Statement.......................................    26
Advisory Committee Statement.....................................    26
Constitutional Authority Statement...............................    26
Applicability to Legislative Branch..............................    26
Committee Correspondence.........................................    27
Statement on Duplication of Federal Programs.....................    29
Disclosure of Directed Rulemaking................................    29
Section-by-Section Analysis of the Legislation...................    29
Changes in Existing Law Made by the Bill as Reported.............    33

    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 ``Navy SEAL Chief Petty Officer William 
`Bill' Mulder (Ret.) Transition Improvement Act of 2018''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

             TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE

Sec. 101. Access for the Secretaries of Labor and Veterans Affairs to 
the Federal directory of new hires.
Sec. 102. Pilot program for off-base transition training for veterans 
and spouses.
Sec. 103. Grants for provision of transition assistance to members of 
the Armed Forces after separation, retirement, or discharge.
Sec. 104. Study of community-based transition assistance programs for 
members of the Armed Forces after separation, retirement, or discharge.
Sec. 105. One-year independent assessment of the effectiveness of TAP.
Sec. 106. Longitudinal study on changes to TAP.

                    TITLE II--EDUCATIONAL ASSISTANCE

Sec. 201. Improvements to assistance for certain flight training and 
other programs of education.
Sec. 202. Elimination of the period of eligibility for the Vocational 
Rehabilitation and Employment program of the Department of Veterans 
Affairs.
Sec. 203. Educational assistance during extended school closures due to 
natural disasters.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) The term ``TAP'' means the Transition Assistance Program 
        under sections 1142 and 1144 of title 10, United States Code.
          (2) The term ``military departments'' has the meaning given 
        that term in section 101 of title 10, United States Code.

             TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE

SEC. 101. ACCESS FOR THE SECRETARIES OF LABOR AND VETERANS AFFAIRS TO 
                    THE FEDERAL DIRECTORY OF NEW HIRES.

  Section 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is 
amended by adding at the end the following new paragraph:
          ``(4) Veteran employment.--The Secretaries of Labor and of 
        Veterans Affairs shall have access to information reported by 
        employers pursuant to subsection (b) of this section for 
        purposes of tracking employment of veterans.''.

SEC. 102. PILOT PROGRAM FOR OFF-BASE TRANSITION TRAINING FOR VETERANS 
                    AND SPOUSES.

  (a) Extension of Pilot Program.--Subsection (a) of section 301 of the 
Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 
(Public Law 112-260; 10 U.S.C. 1144 note) is amended--
          (1) by striking ``During the two-year period beginning on the 
        date of the enactment of this Act, the'' and inserting ``During 
        the five-year period beginning on the date of the enactment of 
        the Navy SEAL Chief Petty Officer William `Bill' Mulder (Ret.) 
        Transition Improvement Act of 2018, the''; and
          (2) by striking ``to assess the feasibility and advisability 
        of providing such program to eligible individuals at locations 
        other than military installations''.
  (b) Locations.--Subsection (c) of such section is amended--
          (1) in paragraph (1), by striking ``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, 
        United States Code)''; and
          (2) in paragraph (2), by striking ``at least two'' and 
        inserting ``at least 20''.
  (c) Conforming Repeal.--Subsection (f) of such section is repealed.

SEC. 103. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF 
                    THE ARMED FORCES AFTER SEPARATION, RETIREMENT, OR 
                    DISCHARGE.

  (a) In General.--The Secretary of Veterans Affairs shall make grants 
to eligible organizations for the provision of transition assistance to 
members of the Armed Forces who are separated, retired, or discharged 
from the Armed Forces, and spouses of such members.
  (b) Use of Funds.--The recipient of a grant under this section shall 
use the grant to provide to members of the Armed Forces and spouses 
described in subsection (a) resume assistance, interview training, job 
recruitment training, and related services leading directly to 
successful transition, as determined by the Secretary.
  (c) Eligible Organizations.--To be eligible for a grant under this 
section, an organization shall submit to the Secretary an application 
containing such information and assurances as the Secretary, in 
consultation with the Secretary of Labor, may require.
  (d) Priority for Hubs of Services.--In making grants under this 
section, the Secretary shall give priority to an organization that 
provides multiple forms of services described in subsection (b).
  (e) Amount of Grant.--A grant under this section shall be in an 
amount that does not exceed 50 percent of the amount required by the 
organization to provide the services described in subsection (b).
  (f) Deadline.--The Secretary shall carry out this section not later 
than six months after the effective date of this Act.
  (g) Termination.--The authority to provide a grant under this section 
shall terminate on the date that is five years after the date on which 
the Secretary implements the grant program under this section.
  (h) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 to carry out this section.

SEC. 104. STUDY OF COMMUNITY-BASED TRANSITION ASSISTANCE PROGRAMS FOR 
                    MEMBERS OF THE ARMED FORCES AFTER SEPARATION, 
                    RETIREMENT, OR DISCHARGE.

  (a) Study.--The Secretary of Veterans Affairs, in consultation with 
State entities that serve members of the Armed Forces who are retired, 
separated, or discharged from the Armed Forces, shall enter into an 
agreement with an appropriate non-Federal entity to carry out a study 
to identify community-based programs--
          (1) that provide transition assistance to such members; and
          (2) operated by nonprofit entities.
  (b) Transmission to Members.--The Secretary of Veterans Affairs shall 
transmit the list of programs identified under this section to the 
Secretary of Defense so the Secretaries of the military departments may 
provide information in the list to members of the Armed Forces who 
participate in TAP.
  (c) Online Publication.--The Secretary of Veterans Affairs shall 
publish the most recent version of the list of programs identified 
under this section on a public website of the Department of Veterans 
Affairs.

SEC. 105. ONE-YEAR INDEPENDENT ASSESSMENT OF THE EFFECTIVENESS OF TAP.

  (a) Independent Assessment.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs, in 
consultation with the covered officials, shall enter into an agreement 
with an appropriate entity with experience in adult education to carry 
out a one-year independent assessment of TAP, including--
          (1) the effectiveness of TAP for members of each military 
        department during the entire military life cycle;
          (2) the appropriateness of the TAP career readiness 
        standards;
          (3) a review of information that is provided to the 
        Department of Veterans Affairs under TAP, including mental 
        health data;
          (4) whether TAP effectively addresses the challenges veterans 
        face entering the civilian workforce and in translating 
        experience and skills from military service to the job market;
          (5) whether TAP effectively addresses the challenges faced by 
        the families of veterans making the transition to civilian 
        life;
          (6) appropriate metrics regarding TAP outcomes for members of 
        the Armed Forces one year after separation, retirement, or 
        discharge from the Armed Forces;
          (7) what the Secretary, in consultation with the covered 
        officials, veterans service organizations, and organizations 
        described in section 203(a) of this Act, determine to be 
        successful outcomes for TAP;
          (8) whether members of the Armed Forces achieve successful 
        outcomes for TAP, as determined under paragraph (7);
          (9) how the Secretary and the covered officials provide 
        feedback to each other regarding such outcomes;
          (10) recommendations for the Secretaries of the military 
        departments regarding how to improve outcomes for members of 
        the Armed Forces after separation, retirement, and discharge; 
        and
          (11) other topics the Secretary and the covered officials 
        determine would aid members of the Armed Forces as they 
        transition to civilian life.
  (b) Report.--Not later than 90 days after the completion of the 
independent assessment under subsection (a), the Secretary and the 
covered officials, shall submit to the Committees on Veterans' Affairs 
of the Senate and House of Representatives and the Committees on Armed 
Services of the Senate and House of Representatives--
          (1) the findings and recommendations (including recommended 
        legislation) of the independent assessment prepared by the 
        entity described in subsection (a); and
          (2) responses of the Secretary and the covered officials to 
        the findings and recommendations described in paragraph (1).
  (c) Covered Officials Defined.--In this section, the term ``covered 
officials'' is comprised of--
          (1) the Secretary of Defense;
          (2) the Secretary of Labor;
          (3) the Administrator of the Small Business Administration; 
        and
          (4) the Secretaries of the military departments.

SEC. 106. LONGITUDINAL STUDY ON CHANGES TO TAP.

  (a) Study.--Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Veterans Affairs, in consultation with the 
Secretaries of Defense and Labor and the Administrator of the Small 
Business Administration, shall conduct a five-year longitudinal study 
regarding TAP on three separate cohorts of members of the Armed Forces 
who have separated from the Armed Forces, including--
          (1) a cohort that has attended TAP counseling as implemented 
        on the date of the enactment of this Act;
          (2) a cohort that attends TAP counseling after the 
        Secretaries of Defense and Labor implement changes recommended 
        in the report under section 205(b) of this Act; and
          (3) a cohort that has not attended TAP counseling.
  (b) Progress Reports.--Not later than 90 days after the day that is 
one year after the date of the initiation of the study under subsection 
(a) and annually thereafter for the three subsequent years, the 
Secretaries of Veterans Affairs, Defense, and Labor, and the 
Administrator of the Small Business Administration, shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives and the Committees on Armed Services of the Senate and 
House of Representatives a progress report of activities under the 
study during the immediately preceding year.
  (c) Final Report.--Not later than 180 days after the completion of 
the study under subsection (a), the Secretaries of Veterans Affairs, 
Defense, and Labor, and the Administrator of the Small Business 
Administration, shall submit to the Committees on Veterans' Affairs of 
the Senate and House of Representatives and the Committees on Armed 
Services of the Senate and House of Representatives a report of final 
findings and recommendations based on the study.
  (d) Elements.--The final report under subsection (c) shall include 
information regarding the following:
          (1) The percentage of each cohort that received unemployment 
        benefits during the study.
          (2) The numbers of months members of each cohort were 
        employed during the study.
          (3) Annual starting and ending salaries of members of each 
        cohort who were employed during the study.
          (4) How many members of each cohort enrolled in an 
        institution of higher learning, as that term is defined in 
        section 3452(f) of title 38, United States Code.
          (5) The academic credit hours, degrees, and certificates 
        obtained by members of each cohort during the study.
          (6) The annual income of members of each cohort.
          (7) The total household income of members of each cohort.
          (8) How many members of each cohort own their principal 
        residences.
          (9) How many dependents that members of each cohort have.
          (10) The percentage of each cohort that achieves a successful 
        outcome for TAP, as determined under section 205(a)(6) of this 
        Act.
          (11) Other criteria the Secretaries and the Administrator of 
        the Small Business Administration determine appropriate.

                    TITLE II--EDUCATIONAL ASSISTANCE

SEC. 201. 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:
  ``(k) 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. 202. ELIMINATION OF THE PERIOD OF ELIGIBILITY FOR THE VOCATIONAL 
                    REHABILITATION AND EMPLOYMENT PROGRAM OF THE 
                    DEPARTMENT OF VETERANS AFFAIRS.

  (a) In General.--Section 3103 of title 38, United States Code, is 
repealed.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 31 of such title is amended by striking the item relating to 
section 3103.

SEC. 203. EDUCATIONAL ASSISTANCE DURING EXTENDED SCHOOL CLOSURES DUE TO 
                    NATURAL DISASTERS.

  Section 3680 of title 38, United States Code, is amended by adding at 
the end the following new subsection:
  ``(h) School Closure During Natural Disasters.--
          ``(1) In general.--An individual described in paragraph (2) 
        shall be entitled to a monthly stipend in the amount to which 
        the individual would be entitled were the individual pursuing a 
        course of education at an institution of higher education 
        through resident training but for a school closure described 
        under paragraph (4).
          ``(2) Individual described.--An individual described in this 
        paragraph is an individual pursuing a course of education at an 
        institution of higher education using educational assistance 
        under chapter 32, 33, 34, or 35 of this title, who--
                  ``(A) is forced to discontinue pursuing such course 
                at such institution by reason of a school closure 
                described under paragraph (4); and
                  ``(B) opts to--
                          ``(i) pursue that course of education solely 
                        by distance learning; or
                          ``(ii) pursue an alternative course of 
                        education solely by distance learning.
          ``(3) Duration.--The duration of the monthly stipends payable 
        to an individual under paragraph (1) shall be the shorter of 
        the following:
                  ``(A) The period of time necessary to complete the 
                quarter, semester, term or academic period during which 
                the school closure described in paragraph (4) occurs.
                  ``(B) Four months.
          ``(4) School closure.--A school closure described in this 
        paragraph is the closure of an institution of higher 
        education--
                  ``(A) by reason of a natural disaster;
                  ``(B) for a period of time that--
                          ``(i) the institution confirms will last for 
                        four weeks or longer; or
                          ``(ii) the institution describes as 
                        indefinite and that endures for a period of 
                        four weeks or longer; and
                  ``(C) that the Secretary confirms is covered for 
                purposes of this subsection.
          ``(5) Natural disaster defined.--In this subsection, the term 
        `natural disaster' means a specific weather event or earth 
        process, including a hurricane, tornado, wildfire or forest 
        fire, earthquake, avalanche, mudslide, hailstorm, thunderstorm, 
        lightning storm, freeze, blizzard, sinkhole, or other 
        disastrous event that occurs as a result of such an event or 
        process, that the President or the governor of a State declares 
        a natural disaster.
          ``(6) No charge to entitlement.--No charge shall be made to 
        the entitlement of any individual to educational assistance 
        under chapter 32, 33, 34, or 35 of this title by reason of a 
        payment under this subsection.''.

                          Purpose and Summary

    H.R. 5649, as amended, the Navy SEAL Chief Petty Officer 
William ``Bill'' Mulder (Ret.) Transition Improvement Act of 
2018, would make improvements to the Transition Assistance 
Program (TAP) to improve long term outcomes of participants, 
provide educational assistance for veterans impacted by natural 
disaster, eliminate the current 12-year delimiting date for use 
of the Vocational Rehabilitation and Employment (VR&E) 
benefits, and make changes to flight training provided through 
the Post-9/11 GI Bill. Representative Jodey Arrington of Texas 
introduced H.R. 5649 on April 27, 2018.

                  Background and Need for Legislation

    The Transition Assistance Program is a joint program of the 
Departments of Defense (DoD), Department of Veterans Affairs 
(VA), Department of Labor (DoL) and the Small Business 
Administration (SBA) that provides transition training and 
assistance to departing servicemembers. The goal of this 
program is to help servicemembers and their families 
successfully transition from military to civilian life. With 
the passage of the VOW to Hire Heroes Act of 2011 (P.L. 112-
56), all but a few servicemembers are required to participate 
in the TAP program. While the program has been around for many 
years, the current iteration is called Transition GPS (Goals, 
Plan, and Success) and is a five-day course. The first day of 
training is taught by DoD staff and contractors and focuses on 
financial counseling and training, beginning an individual 
transition plan, and service specific programing. The second, 
third and fourth days of training are taught by a DoL 
contractor and consist of the employment workshop that focuses 
on employment trends, job search training, resume writing, mock 
interviews, use of LinkedIn, and other career services. The 
final day is taught by VA contractors and focuses on explaining 
the myriad of benefits that VA can provide servicemembers and 
their families when they become veterans.
    There are also three additional two-day training tracks 
available to servicemembers that focus on accessing higher 
education, vocational training, and small business training. 
While these additional two-day tracks are optional, section 
1144(f)(2) of title 10, United States Code (U.S.C.) requires 
that commanders allow servicemembers to attend these tracks if 
they wish to participate.
    Once a servicemember has completed TAP, they must complete 
their individual transition plan and meet what DoD calls the 
``career readiness standards.'' These standards are based on 
servicemember's plan for when they leave the military and if 
the readiness standards are not met, DoD is required to provide 
a ``warm handover'' to other agencies to help the servicemember 
receive additional services to meet the career readiness 
standards.
    In order to review the progress of this program and improve 
a servicemember's transition to civilian life, the Subcommittee 
on Economic Opportunity held three bipartisan roundtables in 
2018 with representatives from all parties interested in 
improving TAP, including: VA, DoL, DoD, each of the military 
services, veteran service organizations, and community non-
profits that provide transition services to veterans. These 
diverse points of view informed the text of the first title of 
this bill.

             TITLE I--IMPROVEMENTS TO TRANSITION ASSISTANCE

Section 101. Access for the Secretaries of Labor and Veterans Affairs 
        to the Federal Directory of New Hires

    The Department of Labor's Veterans Employment and Training 
Service (VETS) is responsible for providing grants to states to 
fund workforce development staff that specifically assist 
veterans with job placement and training. Despite the use of 
state wage records by state workforce agencies, there has never 
been an accurate way to track if the services provided state 
staffs result in positive employment outcomes for veterans. The 
Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (P.L. 104-193) created the National Directory of New 
Hires that was designed to use state employment and 
unemployment data and Federal agencies' data to help state 
agencies track down non-custodial parents who owe child 
support. Employers across the country are required to notify 
the new hires directory when they hire a new employee. This 
requirement makes this directory the most up to date system for 
tracking employment in the country.
    This section would give VETS and VA access to this data 
system which would allow these departments the ability to 
track, in real time, when a participant in VETS and VA program 
receives a new job. This will help improve programs and provide 
better accountability of services being provided by both VETS 
and other readjustment benefits provided by VA. Additionally, 
this would complement other sections of this bill that are 
working towards providing a realistic view of employment 
outcomes that may or may not result from TAP training.

Section 102. Pilot Program for Off-Base Transition Training for 
        Veterans and Spouses

    Section 1144 of title 10, (U.S.C.) sets out the requirement 
that all but a few servicemembers participate in the TAP 
program. This requirement was enacted as part of the VOW to 
Hire Heroes Act of 2011 (P.L. 112-56). However prior to this 
requirement, only the United States Marine Corps mandated such 
training, and consequently there are entire generations of 
veterans who may have been unable use the TAP training to help 
them successfully transition. The Committee believes that 
veterans, even those that received TAP training as part of 
their transition, could benefit from the updated GPS curriculum 
especially as it relates to new employment search training and 
new veterans benefits. The problem becomes that by in large 
once a servicemember transitions out of the military it can 
become difficult for them to return to military installations 
to receive TAP training. In 2013, Congress recognized that it 
could be beneficial for veterans to access TAP training at off-
base locations and authorized VETS to conduct a two-year pilot 
program to teach such training, in either three or four states. 
The pilot program consisted of the three-day DoL employment 
workshop and information regarding VA benefits.
    In its review of the pilot program, the Government 
Accountability Office (GAO) concluded that where the pilot 
program was offered the state workforce staff believed it was 
beneficial but, VETS' poor design of the pilot and low 
participation rates made it difficult for them to make a clear 
conclusion on its value. GAO stated that VETS' design of the 
pilot, ``leaves unanswered key questions about the need for the 
program, the pilot's role amid other federal programs, and the 
goals and objectives for measuring its progress.''\1\ Despite 
VETS poor implementation of this pilot program, the Committee 
believes off-base TAP training is worth re-examining. 
Therefore, this section would authorize VETS to conduct a new 
five-year pilot program to teach TAP classes at off-base 
locations. The Committee hopes that VETS will take the 
recommendations from the GAO's review of the last pilot program 
and prioritize funding to conduct this program. The Committee 
also believes that former military spouses could also benefit 
from training provided at off-based locations.
---------------------------------------------------------------------------
    \1\https://www.gao.gov/assets/680/671459.pdf.
---------------------------------------------------------------------------

Sec. 103. Grants for Provision of Treatment Assistance to Members of 
        the Armed Forces After Separation, Retirement, or Discharge

    One of the key takeaways from the Subcommittee on Economic 
Opportunity's roundtables relating to improvements to TAP and 
transition was the wealth of resources that are available to 
transitioning servicemembers at the local level from non-
governmental sources. The Subcommittee heard from community 
providers from Cincinnati, OH, Tampa, FL, Jacksonville, FL, and 
Colorado Springs, CO about innovative programs that provide 
transition services to servicemembers, and in some cases act as 
a clearing house or one-stop-shop to connect servicemembers to 
existing resources within a community. The Committee believes 
these types of programs can be important as they are able to 
provide transition training and services to a servicemember on 
a more individualized level than the government training 
provided by TAP. In order to support these programs, this 
section would authorize VA to set up a five-year and $10 
million pilot program that would provide grants to eligible 
community providers to provide transition training and 
services. To ensure that these programs are truly innovative 
programs from the community, the section would further require 
that funds provided by this section would only be able to cover 
50% of the cost of transition training and services being 
provided by this grant. Finally, the section would require that 
VA give priority of grant funds authorized by this section to 
organizations that act as a hub or provide multiple types of 
services to transitioning servicemembers. The Committee 
believes this pilot program will help provide funding to these 
innovative programs that help veterans and is worth the 
investment to examine if funding such programs will result in 
long term outcomes for servicemembers.

Section 104. Study of Community-Based Transition Assistance Programs 
        for Members of the Armed Forces after Separation, Retirement, 
        or Discharge

    The most common complaint by community providers at the 
aforementioned TAP and Transition roundtables was the inability 
of these programs to gain access to a list of servicemembers 
who were transitioning to their community. While providing 
names and addresses to these community providers raised 
questions about the servicemember's privacy, there was 
consensus among the participants of these roundtables that 
there would be a benefit in DoD being able to provide a list of 
community providers for a servicemember to access when they 
transition to a community. To address this issue, this section 
would authorize VA to contract with a non-Federal entity to 
conduct a study to identify community-based programs that 
provide transition training. VA would be required to place the 
list created by this study online and also submit the list to 
DoD so they can provide it to transitioning servicemembers. The 
Committee believes that this is the first step in helping 
community-based programs be recognized for their innovative 
programs and also inform servicemembers coming to their 
community about the programs that exist to help with their 
successful transition to civilian life.

Section 105. One-Year Independent Assessment of the Effectiveness of 
        TAP

    While the curriculum of the TAP has changed over the years, 
each new iteration has been created and reviewed by government 
employees and to the Committee's knowledge there has never been 
a true independent review of the curriculum to see if the 
training is really meeting the needs of servicemembers to 
provide a seamless transition to civilian life. To address this 
issue, this section would require VA, in consultation with DoD, 
DoL, SBA, and the military services to contract with an 
appropriate entity with experience in adult education to 
conduct a one year independent assessment of TAP. This 
assessment would examine: the effectiveness of the military 
life cycle, appropriateness of the career readiness standards, 
review of information provided by VA in TAP, including mental 
health data, and a review of what successful outcomes measures 
of TAP should be and if servicemembers are meeting this 
standard. Not later than 90 days following this study, the 
departments would be required to submit a report to the House 
and Senate Committees on Veterans' Affairs and Armed Services 
on the findings and recommendations of this assessment. The 
Committee believes that this independent assessment is critical 
to judging the performance of TAP and believes the requirement 
to define realistic outcomes will help inform future policy 
changes to this program.

Section 106. Longitudinal Study on Changes to TAP

    While TAP has been in existence for decades, serious 
questions remain on what type of direct impact the training had 
on a servicemember's transition. For too long VA, DoL, and DoD 
have relied on anecdotal evidence and reliance on exit surveys 
where servicemembers concluded they were more prepared for 
transition than before to track performance of this program. 
While such surveys and evidence are helpful data points, there 
has never been a study that tracked the long term outcomes of 
TAP training. To address this issue, this section would 
authorize VA to conduct an extensive five year longitudinal 
study on outcomes of TAP participants. The study will examine 
the outcomes of those who received TAP training before the 
enactment of the changes in this bill, compared to those who 
took the new version of TAP following this bill's enactment, 
and finally to those who did not receive TAP training. The 
Committee believes that this longitudinal study will enable 
policy makers to measure the long term outcomes of TAP and 
provide data to make future changes if the study suggests they 
are warranted.

                    TITLE II--EDUCATIONAL ASSISTANCE

Section 201. Improvements to Assistance for Certain Flight Training and 
        Other Programs of Education

    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 a public 
institution 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 any waiver of tuition and 
fees and any scholarship, or other Federal, State, 
institutional, or employer-based aid or assistance. If a 
student is attending a non-public institution of higher 
learning, he/she is eligible for the lesser of the actual net 
cost for tuition and fees after the application of any waiver 
or scholarships or $23,805. This 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 set the cap on 
tuition and fees at up to the highest in-state tuition rate in 
a state regardless 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 they were 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 are now under the umbrella of public 
schools, there was no limit to what they could charge for 
tuition and fees 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 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 
        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 FY 2016, FY 
2018, and FY2019 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 201 would place a cap on flight 
training for tuition and fee payments at public schools at 
$23,805, the same cap that is in place for all private for-
profit and non-profit institutions; this 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 programs that are 
contracted out by a public school to a third party to this same 
cap.
    The Committee does not propose this cap lightly and 
understands that this would change the way that some flight 
schools are paid for through 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.
    As confirmation of this exploitation, data provided by VA 
to the Committee, between FY 2013 and FY 2014, show that the 
number of students taking flight training increased by only 171 
students, or 9 percent, yet the total cost to taxpayers for 
this program grew by $37 million, or 87 percent, during this 
same period. These 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.''\2\ While 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 further 
potential abuse of this program and leveling the playing field 
for this program with the cap on tuition and fee payments 
authorized for private schools.
---------------------------------------------------------------------------
    \2\http:/www.latimes.com/nation/la-me-adv-gbill-20150315-
story.html#page.
---------------------------------------------------------------------------
    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 still 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 a veteran received 
educational counseling provided by VA under section 3697A(a) of 
title 38, U.S.C. to ensure they understand the ramifications of 
their decision to accelerate their benefits.
    Data provided to the Committee on flight training under the 
Post-9/11 G.I. bill in FY 2016, indicates that even if the cap 
on tuition and fees were in place, over 60 percent of all 
students would not have been negatively impacted 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 
that 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.

Section 202. Elimination of the Period of Eligibility for Vocational 
        Rehabilitation and Employment Program of the Department of 
        Veterans Affairs

    Section 3103 of title 38, U.S.C. requires that subsistence 
allowance payments and benefits paid through the VR&E program 
expire 12 years following a participant's discharge from active 
duty. The section also authorizes for the delimiting date to be 
waived for various reasons including if the veteran's 
disability has prevented the veterans from beginning a program, 
a VR&E counselor determines that the veteran's disability is so 
severe that they are not suitable for employment and should be 
provided independent living services, if a VR&E counselor 
determines that the veteran has a serious employment handicap, 
or if the veteran was unable to complete their program due to 
being called up for active duty under certain sets of orders 
authorized by title 10, U.S.C. Despite these waivers, there are 
certain instances where a veteran would run up against the 
current 12 year delimiting date for VR&E benefits. Section 202 
would eliminate the 12 year delimiting date for all 
beneficiaries. The Committee believes that by removing this 
barrier Congress would ensure that all service-connected 
veterans who qualify for VR&E have the ample time to use this 
benefit to help them overcome their barrier to employment or 
independent living. The Committee also believes this change is 
appropriate as it would bring VR&E benefits in line with the 
Harry W. Colmery Veterans Educational Assistance Act of 2017 
(P.L. 115-247), also known as the Forever GI Bill, which 
eliminated the delimiting date for G.I. Bill benefits for 
certain veterans.

Section 203. Educational Assistance During Extended School Closures Due 
        to Natural Disasters

    When a natural disaster, such as Hurricane Harvey which hit 
Texas and other locations in 2017, hits a community it can be 
difficult for some brick and mortar schools and training 
programs to remain open. When these schools close, student 
veterans lose their living stipends under the Post-9/11 G.I. 
Bill because they are no longer attending school. For many 
student veterans this can be challenging as the living stipend 
payment was their only source of income. In order to begin 
receiving a living stipend again many are turning to online 
schools to continue their studies. However, under current law 
if a student is using the GI Bill completely online they only 
receive half of the national average living stipend. Section 
203 would address this problem and would authorize a veteran 
impacted by a natural disaster to receive their full living 
stipend for up to four months or when the brick and mortar 
school reopens, whichever happens first. The Committee believes 
this section would allow the student veteran, who presumably is 
also dealing with the aftereffects of the natural disaster, to 
not have their living stipends cut off and help ensure their 
success and retention in school or training.

                                Hearings

    On October 11, 2017, the Subcommittee on Economic 
Opportunity conducted a legislative hearing on several bills 
pending before the subcommittee including draft legislation 
that is similar to section 103 of H.R. 5649, as amended.
    The following witnesses testified:
          The Honorable John H. Rutherford, U.S. House of 
        Representatives, 4th District, Florida; The Honorable 
        James A. Himes, U.S. House of Representatives, 4th 
        District, Connecticut; The Honorable Martha McSally, 
        U.S. House of Representatives, 2nd District, Arizona; 
        The Honorable Ro Khanna, U.S. House of Representatives, 
        17th District, California; MG Robert M. Worley II USAF 
        (Ret.), Director of the Education Service, Veterans 
        Benefit Administration of the U.S. Department of 
        Veterans Affairs who was accompanied by Mr. Jeffrey 
        London, Director of the Loan Guaranty Service, Veterans 
        Benefits Administration of the U.S. Department of 
        Veterans Affairs; Mr. John Kamin, Assistant Director of 
        the Veteran Employment and Education, The American 
        Legion; and Mr. William Hubbard, Vice President of 
        Government Affairs, Student Veterans of America.
    Statements for the record were submitted by:
          The Honorable Lee M. Zeldin, U.S. House of 
        Representatives, 1st District, New York; and Helicopter 
        Association International.
    On March 20, 2018, the Subcommittee on Economic Opportunity 
held a legislative hearing on several bills pending before the 
Subcommittee including bills which are incorporated in section 
203 of H.R. 5649, as amended.
    The following witnesses testified:
          The Honorable Gus Bilirakis, U.S. House of 
        Representatives, 12th District, Florida; The Honorable 
        Brad Wenstrup, U.S. House of Representatives, 2nd 
        District, Ohio; The Honorable Ted Poe, U.S. House of 
        Representatives, 2nd District, Texas; The Honorable 
        Luke Messer, U.S. House of Representatives 6th 
        District, Indiana; The Honorable Steve Russell, U.S. 
        House of Representatives, 5th District, Oklahoma; MG 
        Robert M. Worley II, USAF (Ret.), Director, Education 
        Service, Veterans Benefit Administration, U.S. 
        Department of Veterans Affairs who was accompanied by 
        Mr. Jeffrey London, Director, Loan Guaranty Service, 
        Veterans Benefits Administration, U.S. Department of 
        Veterans Affairs; Mr. John J. Kamin, Assistant 
        Director, Veterans Employment and Education Division, 
        The American Legion; Ms. Ashlynne Haycock, Manager, 
        Education Services, Tragedy Assistance Program for 
        Survivors; and Mr. William Hubbard, Vice President of 
        Government Affairs, Student Veterans of America.
    Statements for the record were submitted by:
          The Honorable Steve Chabot, U.S. House of 
        Representatives, 1st District, Ohio; the U.S. 
        Department of Labor; the National Association of State 
        Approving Agencies; and the National Association of 
        Veterans' Programs Administrators.
    On May 23, 2018, the Subcommittee on Economic Opportunity 
held a legislative hearing on several bills pending before the 
Subcommittee including bills which are incorporated in sections 
101, 102, 103, 104, 105, and 106 of H.R. 5649, as amended.
    The following witnesses testified:
          The Honorable Julia Brownley, U.S. House of 
        Representatives, 26th District, California; The 
        Honorable Scott Peters, U.S. House of Representatives, 
        52nd District, California; The Honorable Brad Wenstrup, 
        U.S. House of Representatives, 2nd District, Ohio; The 
        Honorable Cheri Bustos, U.S. House of Representatives, 
        17th District, Illinois; The Honorable Ryan Costello, 
        U.S. House of Representatives, 6th District, 
        Pennsylvania; Ms. Margarita Devlin, Principal Deputy 
        Under Secretary for Benefits, Veterans Benefits 
        Administration, U.S. Department of Veterans Affairs; 
        Mr. John Kamin, Assistant Director, Veterans Employment 
        and Education Division, The American Legion; Ms. Lauren 
        Augustine, Vice President of Government Affairs, 
        Student Veterans of America; and Ms. Rebecca Burgess, 
        Program Manager, Program on American Citizenship, 
        American Enterprise Institute.
    Statements for the record were submitted by:
          U.S. Department of Defense; U.S. Department of 
        Justice; Tragedy Assistance Program for Survivors; and 
        Paralyzed Veterans of America

                       Subcommittee Consideration

    There was no Subcommittee consideration of H.R. 5649, as 
amended.

                        Committee Consideration

    On July 12, 2018, the full Committee met in open markup 
session, a quorum being present, and ordered H.R. 5649, as 
amended, to be reported favorably 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 Roe of Tennessee, which combined the 
        provisions related to improving transition assistance 
        programs and benefits, providing additional educational 
        assistance for veterans impacted by a natural disaster, 
        elimination of the delimitating date for use of VR&E 
        benefits, and making changes to GI Bill eligibility for 
        flight training.

                            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. 5649, 
as amended, reported to the House. A motion by Representative 
Tim Walz of Minnesota to report H.R. 5649, 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.

         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 improve the transition of 
servicemembers from military to civilian life and make changes 
to VR&E and Post-9/11 GI bill benefits.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                  Earmarks and Tax and Tariff Benefits

    H.R. 5649, 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 cost estimate on H.R. 
5649, as amended, prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

               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. 5649, as amended, provided by the Director of the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 19, 2018.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5649, the Navy 
SEAL Chief Petty Officer William `Bill' Mulder (Ret.) 
Transition Improvement Act of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Newman.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 5649--Navy SEAL Chief Petty Officer William `Bill' Mulder (Ret.) 
        Transition Improvement Act of 2018

    Summary: Enacting H.R. 5649 would affect several programs 
of the Department of Veterans Affairs (VA) that provide 
education benefits. On net, CBO estimates that enacting the 
bill would decrease direct spending for those benefits by $125 
million over the 2019-2028 period.
    In addition, H.R. 5649 would authorize grants for programs 
that help separating military personnel prepare for civilian 
life. It also would require two studies of similar programs 
that are administered by the federal government. In total, CBO 
estimates that implementing the bill would cost $16 million 
over the 2019-2023 period, assuming appropriation of the 
necessary amounts.
    Pay-as-you-go procedures apply because enacting H.R. 5649 
would affect direct spending. The bill would not affect 
revenues.
    CBO estimates that enacting H.R. 5649 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 5649 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 5649 is shown in Table 1. The costs of 
the legislation fall within budget function 700 (veterans 
benefits and services).

                      TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 5649, THE NAVY SEAL CHIEF PETTY OFFICER WILLIAM `BILL' MULDER (RET.) TRANSITION IMPROVEMENT ACT OF 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           By fiscal year, in millions of dollars--
                                                             -----------------------------------------------------------------------------------------------------------------------------------
                                                                2018      2019      2020      2021      2022      2023      2024      2025      2026      2027      2028    2019-2023  2019-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Estimated Budget Authority..................................         0        -1         *        -4        -9       -12       -18       -20       -20       -21       -22        -25       -125
Estimated Outlays...........................................         0        -1         *        -4        -9       -12       -18       -20       -20       -21       -22        -25       -125
 
                                                                         INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level...............................         0         5         3         3         3         3         0         0         0         0         0         17         17
Estimated Outlays...........................................         0         4         3         3         3         3         1         0         0         0         0         16         17
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Details may not add to totals because of rounding; * = between -$500,000 and $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
estimated amounts will be appropriated each year, that outlays 
will follow historical spending patterns for affected programs, 
and that the bill will be enacted at the start of fiscal year 
2019.
    Enacting H.R. 5649 would affect several VA programs that 
provide education benefits. On net, CBO estimates that enacting 
the bill would decrease direct spending for those benefits by 
$125 million over the 2019-2028 period (see Table 2).

Direct spending for flight training

    Under the Post-9/11 GI Bill, VA pays for up to 36 months 
(or four academic years) of educational expenses for eligible 
veterans and military personnel at institutions of higher 
learning. The department pays an amount equal to the actual 
tuition and fees charged to in-state residents for those 
attending public institutions, and up to a maximum annual 
amount for those at private institutions ($22,805 for the 2017-
2018 academic year). Beneficiaries also are entitled to receive 
a book stipend of up to $1,000 per year, and if they are 
attending school more than half time, a monthly housing 
allowance. When the tuition and fees exceed the benefit, and if 
the school agrees to defray part of the excess costs, 
beneficiaries can receive matching assistance for the remaining 
costs from VA under the Yellow Ribbon GI Education Enhancement 
Program (YRP). VA makes payments for tuition and fees directly 
to the educational institutions.

              TABLE 2.--ESTIMATE OF THE EFFECTS ON DIRECT SPENDING OF H.R. 5649, THE NAVY SEAL CHIEF PETTY OFFICER WILLIAM `BILL' MULDER (RET.) TRANSITION IMPROVEMENT ACT OF 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           By fiscal year, in millions of dollars--
                                                             -----------------------------------------------------------------------------------------------------------------------------------
                                                                2018      2019      2020      2021      2022      2023      2024      2025      2026      2027      2028    2019-2023  2019-2028
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          INCREASES OR DECREASES (-) IN DIRECT SPENDING
 
Flight Training:
    Estimated Budget Authority..............................         0        -2        -1        -5       -10       -13       -19       -21       -21       -22       -23        -31       -137
    Estimated Outlays.......................................         0        -2        -1        -5       -10       -13       -19       -21       -21       -22       -23        -31       -137
Education Assistance During School Closures:
    Estimated Budget Authority..............................         0         1         1         1         1         1         1         1         1         1         1          5         10
    Estimated Outlays.......................................         0         1         1         1         1         1         1         1         1         1         1          5         10
Vocational Rehabilitation:
    Estimated Budget Authority..............................         0         *         *         *         *         *         *         *         *         *         *          1          2
    Estimated Outlays.......................................         0         *         *         *         *         *         *         *         *         *         *          1          2
    Total Changes in Direct Spending:
        Estimated Budget Authority..........................         0        -1         *        -4        -9       -12       -18       -20       -20       -21       -22        -25       -125
        Estimated Outlays...................................         0        -1         *        -4        -9       -12       -18       -20       -20       -21       -22        -25       -125
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Details may not sum to totals because of rounding; * = between -$500,000 and $500,000.

    Section 201 of the bill would impose a cap equal to that 
for tuition and fees at private institutions on such payments 
for programs at public institutions that involve flight 
training. It also would allow beneficiaries in such programs to 
accelerate usage of their entitlement by receiving two months' 
worth of tuition and fees each month for up to 18 months. On 
net, enacting section 201 would decrease direct spending by 
$137 million over the 2019-2028 period, CBO estimates.
    Maximum Payment for Tuition and Fees. Capping payments for 
flight training would reduce outlays for tuition and fees by 
$246 million over the 2019-2028 period. That effect would be 
partially offset by increased payments under the YRP of $55 
million. In total, net direct spending would decline by $191 
million over the 2019-2028 period as a result of the new cap, 
CBO estimates.
    Flight-training programs require significant expenditures 
for aircraft purchases, equipment maintenance, aviation fuel, 
and insurance. In 2016, the last year for which data is 
currently available, VA paid an average of $28,000 in tuition 
and fees for beneficiaries enrolled in flight-training programs 
at public institutions. However, payments for some people were 
significantly higher; tuition and fees exceeded $100,000 for 10 
percent of recipients. In that year, the maximum benefit for 
tuition and fees at private institutions was $21,805.
    Enacting section 201 would only reduce payments for 
students at public institutions whose tuition exceeds the new 
cap. In 2016, about 900 students had tuition and fees that 
exceeded the $21,085 limit applicable to private institutions 
for that year; the average cost for those students was about 
$44,000, a difference of $22,900. That gap would increase 
annually because flight-training costs and the new cap would 
both increase with inflation. The difference between the cap 
and the average cost for students whose tuition and fees 
exceeded the cap would average $31,000 over the next 10 years.
    Students who are enrolled in flight-training programs 
before enactment of H.R. 5649 would not see their education 
benefits reduced until a term that begins two years after the 
date of enactment. Accounting for all those changes, CBO 
estimates that payments to schools would decline by about $246 
million over the 2019-2028 period as a result of the new cap.
    However, the savings realized by capping tuition payments 
would be partially offset because some students would be 
eligible for additional assistance under the Yellow Ribbon 
Program. The YRP provides additional payments for some students 
who face tuition and fees above what VA will typically cover. 
Institutions participating in the YRP agree to cover a portion 
of the difference between the tuition charged and the amount 
that VA would otherwise pay. VA then matches that financial 
assistance, thereby reducing or eliminating students' out-of-
pocket expenses.
    Using data from VA on payments under the YRP, CBO expects 
that about 50 percent of the institutions affected by the new 
cap on flight-training costs would make qualifying 
contributions under the YRP. Those contributions would cover 
about 45 percent of the difference between the listed amount 
for tuition and fees and the cap on VA's payments for those 
costs. Thus, reductions in benefit payments for flight training 
would be about 20 percent less than what they would be in the 
absence of the Yellow Ribbon Program. The increase in VA's 
matching payments under the YRP would total about $55 million 
over the 2019-2028 period, CBO estimates.
    Accelerated Payments. Section 201 also would allow students 
using the Post-9/11 GI Bill for flight training to receive up 
to twice the new cap on the monthly benefit of tuition and fees 
(equal to $45,600 for the 2017-2018 academic year) for half as 
many months. Payments would be the lesser of that maximum 
amount or actual tuition and fees. Beneficiaries who elect to 
receive payments at that accelerated rate would be charged two 
months of their 36-month entitlement for each month they 
receive that larger amount. Thus, a beneficiary who chooses to 
accelerate payments for every month would exhaust their benefit 
in 18 months. The monthly housing allowances and book stipends 
must be taken at the same time as the payments for tuition and 
fees and would not accelerate under the bill; thus, individuals 
who choose to receive the accelerated payments for tuition and 
fees would lose up to 18 months of housing and book allowances. 
CBO expects that some beneficiaries who elect to accelerate 
payments for tuition and fees would receive more in total 
benefits, while others would receive less. Additionally, some 
beneficiaries who accelerate payments would receive more 
benefits over the next 10 years than they would under current 
law regardless of whether the total amount of benefit they 
receive increases or decreases under this provision. On net, 
providing the option to accelerate payments for tuition and 
fees would increase costs relative to the proposed cap on 
tuition and fees and would thus reduce the direct spending 
savings of the tuition cap by $54 million over the 2019-2028 
period.
    Students at Two-Year Institutions. Approximately 50 percent 
of beneficiaries in flight-training programs attend two-year 
programs at institutions such as community colleges. Students 
who complete those programs earn an associate's degree and the 
certifications necessary to become a commercial pilot. Because 
they would have the necessary credentials to become pilots 
after 18 academic months, CBO estimates that under current law 
students in those programs would not use all of their remaining 
18 months of Post-9/11 GI Bill benefits. CBO expects that, on 
average, those individuals would use the equivalent of 9 
additional months of benefits after completing the flight-
training program, or 27 months in total.
    Under section 201, students at institutions whose tuition 
costs would exceed the new cap would have a strong incentive to 
choose the higher payments because they typically would 
complete the program within two academic years (18 months). 
Students at two-year programs who elect to accelerate their 
benefits could receive the equivalent of 36 months of tuition 
and fees and 18 months of allowances. Under current law, those 
students would have received an average of 27 months of all 
payments.
    CBO expects half the students at two-year institutions 
would opt to accelerate payments; about 225 students a year 
would receive an average of $16,000 more if they choose to 
accelerate payments. Additionally, the savings from the shifted 
tuition payments and forgone housing and book stipends of 
students who first elect to receive accelerated payments in 
2027 and 2028 would occur after 2028 and are thus not part of 
this estimate. In total, accelerated payments for students in 
two-year programs would cost $39 million over the 2019-2028 
period, relative to the savings from the tuition cap.
    Students at Four-Year Institutions. The students at four-
year institutions have less incentive to accelerate receipt of 
their benefits. CBO expects that most of those students would 
use all 36 months of benefits available to them under current 
law. Thus, beneficiaries who elect to accelerate payments would 
not see a significant change in the total amount paid for 
tuition and fees, but they would lose up to 18 months of 
housing allowances and book stipends. However, accelerating 
payments would reduce students' out-of-pocket costs initially. 
CBO expects that about 25 percent of students in four-year 
programs (about 100 students a year) whose costs would exceed 
the new cap on payments would choose to accelerate their 
tuition benefits; those students would receive accelerated 
payments for a period, but would forgo an average of $25,000 in 
total benefits.
    Over the budget window, higher spending in earlier years 
would be almost entirely offset by lower spending in later 
years. After five years, the annual savings from shifted and 
forgone payments would exceed the annual costs accelerated 
payments. Like students at two-year institutions, the savings 
from the shifted and forgone benefits of students who first 
elect to receive the higher payments in 2027 and 2028 would 
occur after 2028 and are thus not part of this estimate. On 
net, those changes would reduce direct spending by $1 million 
over the 2019-2028 period, relative to the savings from the 
tuition cap.
    Students in Nondegree Programs. Under Section 201, students 
in flight training programs that do not lead to a degree also 
would be able to accelerate payment of tuition and fees. 
Current law caps payment for those programs at $13,527 for 
2018. Very few beneficiaries in those programs receive the 
monthly housing allowance, so there is little disincentive to 
accelerating payments. However, only about 15 percent of 
students in those programs have tuition and fee costs at or 
near the current law cap, so few are likely to need to 
accelerate payments. CBO expects that about 90 such students a 
year would choose to accelerate payments and that those 
students would have used another nine months of their remaining 
benefits under current law. On net, those students would 
receive roughly $17,000 more in benefits. As a result, direct 
spending would increase by $16 million over the 2019-2028 
period relative to the savings from the tuition cap, CBO 
estimates.

Other direct spending

    Two other provisions would affect direct spending. CBO 
estimates that in total those provisions would increase direct 
spending by $12 million over the 2019-2023 period.
    Education Assistance during School Closures. Section 203 
would authorize VA to provide additional education assistance 
to certain people who receive such benefits through the Post-9/
11 GI Bill or through several VA education programs.
    In the event that educational institutions temporarily 
close as a result of a natural disaster such as a hurricane, VA 
continues to pay allowances to beneficiaries enrolled in those 
institutions for up to four weeks. Under section 203, VA would 
continue to pay those allowances for up to four months if the 
institution expects to be closed for more than four weeks and 
the beneficiary chooses to continue the program of education 
(or a substitute program) solely through distance learning. The 
beneficiary's entitlement to education assistance (a total of 
36 months) would not be charged for the additional payments for 
housing allowances or for the cost of the online program.
    VA does not have information about the number of 
beneficiaries who continued to receive allowances during 
closures under current law, but the department has identified 
several thousand individuals who attended institutions that 
were located in areas that had been affected by significant 
natural disasters over the last two years. CBO expects that 
relatively few institutions would remain closed for more than 
four weeks and that beneficiaries residing in those areas would 
be unlikely to enroll in substitute programs during the 
temporary closure. However, CBO expects that each year roughly 
300 beneficiaries would receive two additional months of 
allowances at an average cost of $1,500 per month. The cost of 
those allowances would increase direct spending by $10 million 
over the 2019-2028 period.
    Vocational Rehabilitation. During the 12-year period after 
they separate from the military, veterans with service-
connected disabilities that limit or prevent them from being 
employed can receive vocational rehabilitation services such as 
education, job training, and physical therapy from VA. The 
costs of those services are paid from mandatory appropriations. 
Section 202 would remove the 12-year limit on those benefits.
    Under current law, the Department of Veterans Affairs has 
broad authority to provide such benefits after the 12-year 
period, particularly for veterans who have a serious employment 
handicap, or who have been prevented from obtaining such 
services during the 12-year period for any of a number of 
reasons. Thus, CBO expects that most veterans who need 
vocational rehabilitation after 12 years from their separation 
dates would receive those benefits under current law. However, 
under this provision, a small number of veterans would receive 
more benefits than they would have under current law. The costs 
for those veterans who receive additional benefits as a result 
of enacting section 202 would be insignificant in each year and 
would total $2 million over the 2019-2028 period, CBO 
estimates.

Spending subject to appropriation

    H.R. 5649 would authorize grants for programs that help 
separating military personnel prepare for civilian life. It 
also would require two studies of the Transition Assistance 
Program. The bill would make several modifications to the 
program that CBO expects would have insignificant costs. In 
total, CBO estimates that implementing the bill would cost $16 
million over the 2019-2023 period, assuming appropriation of 
the necessary amounts (see Table 3).
    Grants. Section 103 would require VA to provide $10 million 
in grants over a 5-year period to organizations that help 
former military service members and their spouses prepare for 
civilian employment. Such assistance includes resume 
preparation, interview training, and related employment 
services. Based on historical spending patterns, CBO estimates 
that providing those grants would cost $9 million over the 
2019-2023 period.
    Longitudinal Study. Section 106 would require VA to conduct 
a 5-year longitudinal study on transition assistance for newly 
separated members of the armed forces. The study would compare 
the outcomes of transition assistance between three cohorts of 
veterans: those who received the training before the enactment 
of H.R. 5649, those who receive the training after enactment, 
and those who do not receive the training.
    The bill also would require periodical reports to the 
Congress documenting the progress and results of the study. 
Using information from VA on the resources needed to conduct 
longitudinal studies, CBO estimates that implementing this 
section would cost $5 million over the 2019-2023 period, 
assuming appropriation of the necessary amounts.

 TABLE 3.--ESTIMATE OF THE EFFECTS ON SPENDING SUBJECT TO APPROPRIATION OF H.R. 5649, THE NAVY SEAL CHIEF PETTY
                     OFFICER WILLIAM `BILL' MULDER (RET.) TRANSITION IMPROVEMENT ACT OF 2018
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars--
                                                            ----------------------------------------------------
                                                              2018   2019   2020   2021   2022   2023  2019-2023
----------------------------------------------------------------------------------------------------------------
Grants:
    Authorization Level....................................      0      2      2      2      2      2        10
    Estimated Outlays......................................      0      1      2      2      2      2         9
Longitudinal Study:
    Authorization Level....................................      0      1      1      1      1      1         5
    Estimated Outlays......................................      0      1      1      1      1      1         5
Independent Assessment:
    Estimated Authorization Level..........................      0      2      0      0      0      0         2
    Estimated Outlays......................................      0      2      *      0      0      0         2
    Total Changes in Spending Subject to Appropriation:
        Estimated Authorization Level......................      0      5      3      3      3      3        17
        Estimated Outlays..................................      0      4      3      3      3      3        16
----------------------------------------------------------------------------------------------------------------
Details may not sum to totals because of rounding; * = between zero and $500,000.

    Independent Assessment. Section 105 would require VA to 
enter into an agreement with a nongovernment entity with 
experience in adult education to assess the effectiveness of 
several aspects of the Transition Assistance Program. Using 
information from VA about studies of similar size and scope, 
CBO estimates that implementing this section would cost $2 
million over the 2019-2023 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 the following table.

          CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5649 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON VETERANS' AFFAIRS ON JULY 12, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 By fiscal year, in millions of dollars--
                                                --------------------------------------------------------------------------------------------------------
                                                  2018   2019   2020   2021   2022   2023    2024    2025    2026    2027    2028   2018-2023  2018-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.................      0     -1      0     -4     -9     -12     -18     -20     -20     -21     -22       -25       -125
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 5649 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    Mandates: H.R. 5649 contains no intergovernmental or 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Ann E. Futrell and 
David Newman; Mandates: Andrew Laughlin.
    Estimate reviewed by: Sarah Jennings, Chief, Defense, 
International Affairs, and Veterans' Affairs Unit; Leo Lex, 
Deputy Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates regarding H.R. 5649, 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. 
5649, as amended.

                 Statement of Constitutional Authority

    Pursuant to Article I, section 8 of the United States 
Constitution, H.R. 5649, 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. 5649, 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.




[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]






              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. 5649, 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.

                   Disclosure of Directed Rulemaking

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee estimates that H.R. 5649, as amended, contains no 
directed rulemaking that would require the Secretary to 
prescribe regulations.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 of the bill would cite the short title of the 
bill to be the ``Navy SEAL Chief Petty Officer William `Bill' 
Mulder (Ret.) Transition Improvement Act of 2016''

Section 2. Table of contents

    Section 2 of the bill sets the table of contents.

Section 101. Access for the Secretaries of Labor and Veterans Affairs 
        to the Federal Directory of New Hires

    Section 101 would amend section 453A(h) of the Social 
Security Act (42 U.S.C. 653a(h)) by adding a new paragraph (4) 
that would authorize VA and DoL to access the information 
provided by the Federal Directory of New Hires for tracking 
veteran employment outcomes.

Section 102. Pilot program for off-base transition training for 
        veterans and spouses

    Section 102(a) 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 102(b) 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 102(c) would repeal section 301(f) which required a 
report of the Comptroller General on the pilot program that is 
reauthorized by this section.

Section 103. Grants for provision of transition assistance to members 
        of the Armed Forces after separation, retirement, or discharge

    Section 103(a) would authorize VA to make grants to 
eligible organizations to provide transition assistance to 
transitioning servicemembers, veterans, retirees, and their 
spouses.
    Section 103(b) would require that grantees who are provided 
funding under this section, must spend the money on training to 
transitioning servicemembers and their spouses for resume 
assistance, interview training, job recruitment training, and 
related services leading directly to successful transition, as 
determined by VA.
    Section 103(c) would require that in order to gain 
eligibility for grant funding provided by this section the 
grantee would be required to submit an application containing 
such information and assurances as the Secretary of VA, in 
consultation with DoL, may require.
    Section 103(d) would require that VA, when making grants 
under this section, provide priority to an organization that 
provides multiple forms of services as described in subsection 
103(b).
    Section 103(e) would authorize that a grant made under this 
section may not exceed more than 50 percent of the cost to a 
grantee of providing services listed in subsection 103(b).
    Section 103(f) would require VA to carry out this section 
not later than six months after the effective date of this 
section.
    Section 103(g) would require that the provision of this 
section terminate five years after VA implements this section.
    Section 103(h) would authorize $10 million to be 
appropriated to carry out this section.

Section 104. Study of community-based transition assistance programs 
        for members of the Armed Forces after separation, retirement, 
        or discharge

    Section 104(a) would require VA, in consultation with state 
entities who serve veterans, to contract with an appropriate 
non-Federal entity to carry out a study to identify community 
based programs that provide transition assistance to 
servicemembers and/or veterans and are operated by non-profit 
entities.
    Section 104(b) would require VA to submit the list of 
programs identified by section 104(a) to DoD so the secretaries 
of the military departments may provide this information to 
servicemembers during TAP.
    Section 104(c) would require VA to publish the most recent 
version of programs identified under this section on a public 
VA website.

Section 105. One-year independent assessment of the effectiveness of 
        TAP

    Section 105(a) would require that no later than 90 days 
after enactment of this section, VA, in consultation with 
covered officials, enter into an agreement with an appropriate 
entity, with experience in adult education, to carry out a one-
year assessment of TAP. Such an assessment would include: (1) 
the effectiveness of TAP for members of each military 
department during the entire military life cycle; (2) the 
appropriateness of the TAP career readiness standards; (3) a 
review of information that is provided by VA under TAP, 
including mental health data; (4) whether TAP effectively 
addresses the challenges veterans face when entering the 
civilian workforce and translates experience and skills from 
military service to the job market; (5) whether TAP effectively 
addresses the challenges faced by families when making the 
transition to civilian life; (6) appropriate metrics regarding 
TAP outcomes for members of the Armed Forces one year after 
leaving active duty; (7) what VA, in consultation with covered 
officials, veteran service organizations, and organizations 
described by section 203(a) of this bill, determine to be 
successful outcomes of TAP; (8) whether servicemembers meet the 
requirements set forth by section 105(a)(7); (9) how VA and the 
covered officials provide feedback to each other regarding such 
outcomes; (10) recommendations from the Secretaries of the 
military departments on how to improve TAP; and (11) other 
topics that VA and covered officials determine would aid 
servicemembers as they transition to civilian life.
    Section 105(b) would require that no later than 90 days 
following the completion of the report required by section 
105(a), VA and covered officials must submit a report to the 
House and Senate Committees on Veterans' Affairs and Armed 
Services on the findings and recommendations of the independent 
assessment prepared by the entity described in section 105(a). 
This report would be required to include responses by VA to 
covered officials to the findings and recommendations of the 
independent assessment.
    Section 105(c) would define covered officials as: the 
Secretary of Defense, Secretary of Labor, Administrator of the 
Small Business Administration, and Secretaries of the military 
departments.

Section 106. Longitudinal study on changes to TAP

    Section 106(a) would require that no later than 90 days 
after enactment of this section VA, in consultation with DoD, 
DoL, and SBA, begin to conduct a five-year longitudinal study 
of TAP on three separate cohorts of transitioning 
servicemembers. These cohorts would include: (1) servicemembers 
who have attended TAP as implemented on date of enactment; (2) 
servicemembers who attend TAP after VA and DoL have implemented 
changes to TAP as required by section 105 of this bill; and 
(3)servicemembers who didn't attend TAP.
    Section 106(b) would require that no later than 90 days 
after the date that is one year after the initiation of the 
study required by section 106(a), and annually thereafter for 
three years, VA, DoD, DoL, and SBA submit a progress report on 
the results of the study from the previous year to the House 
and Senate Committees on Veterans' Affairs and Armed Services.
    Section 106(c) would require that not later than 180 days 
after the completion of the study required by section 106(a), 
VA, DoD, DoL, and SBA submit a final report on the finding 
recommendations from this study to he House and Senate 
Committees on Veterans' Affairs and Armed Services.
    Section 106(d) would require that the final report 
including information on the following: (1) the percentage of 
each cohort that received unemployment benefits during the 
study; (2) the number of months members of each cohort were 
employed during this study; (3) the annual starting and ending 
salaries of members of each cohort who were employed during the 
study; (4) how many members of each cohort enrolled in an 
institution of higher learning as defined by section 3452(f) of 
title 38, U.S.C.; (5) the academic credit hours, degrees, and 
certificates obtained by members of each cohort during the 
study; (6) the annual income of members of each cohort; (7) the 
total household income of members of each cohort; (8) how many 
members of each cohort own their principal residences; (9) how 
many dependents that members of each cohort have; (10) the 
percentage of each cohort that achieves a successful TAP 
outcome as defined by section 205(a)(6) of this bill; and (11) 
other criteria the Secretaries of VA, DoD, and DoL along with 
the Administrator of the Small Business Administration 
determine appropriate.

Section 201. Improvements to assistance for certain flight training and 
        other programs of education

    Section 201(a) would amend section 3034(d) of title 38, 
U.S.C. to remove the prohibition on the use the of G.I. Bill 
funds to pay for training that leads to a private pilot's 
license.
    Section 201(b) would amend section 3313 by adding a new 
subsection (k).
    The new 3313(k)(1) would authorize that participants using 
educational assistance through chapter 33 of title 38, U.S.C. 
for flight training at an institute of higher learning or 
vocational school may elect to receive accelerated tuition and 
fee payments that would be equal to double the amount 
authorized by section 3313(c) or the cap on tuition and fees at 
a non-public institution of higher learning. This payment would 
not be allowed to exceed the total cost of tuition and fees for 
the flight training program. This subsection would also clarify 
that living stipend payments would not be accelerated by this 
change. The new section 3313(k)(2) would require that before a 
participant makes an election to accelerate training through 
this section they would have to receive educational counseling 
under section 3697A(a) of title 38, U.S.C. The new section 
3313(k)(3) would authorize that the charge against the 
participant's entitlement to educational assistance will be 
charged at a cost of two months for each month the accelerated 
payment is made.
    Section 201(c) would amend section 3313(c)(1)(A) of title 
38, U.S.C., to subject flight training at public schools to the 
cap on tuition and fees established by 3313(c)(1)(A)(ii) of 
title 38, U.S.C. Under this provision, students would not be 
allowed to take flight training courses unless the training is 
specifically required to obtain their degree.
    Section 201(d) would amend section 3313(c)(1)(A)(ii)(II) of 
title 38, U.S.C., as added by the previous section to subject 
any program of education pursued at a public institution of 
higher learning in which the school enters into a contract or 
agreement with another entity to provide the program of 
education, or a portion of the program, to the cap established 
by 3313(c)(1)(A)(ii)(II) of title 38, U.S.C.
    Section 201(e) would require that the changes that would be 
made by this section apply to any quarter, semester, or term 
commencing on or after enactment of the bill and that the new 
rules would not go into effect for current students that would 
be impacted by this section for two additional years following 
enactment.

Section 202. Elimination of the period of eligibility for the 
        vocational rehabilitation and employment program of the 
        Department of Veterans Affairs

    Section 202(a) would repeal section 3103 of title 38, 
U.S.C. that placed restrictions on the amount of time a 
participant had to complete their VR&E program following their 
discharge from active duty.
    Section 202(b) amends the table of contents for chapter 31 
of title 38, U.S.C. as it relates to section 202(a) of this 
bill.

Section 203. Educational assistance during extended school closures due 
        to natural disasters

    Section 203 would amend section 3680 of title 38, U.S.C. by 
adding a new subparagraph (h).
    The new 3680(h)(1) would require that an individual 
described in paragraph (2) would be entitled to a living 
stipend in the amount to which the individual would be entitled 
were they still attending an institution of higher learning but 
for a school closure as described by paragraph (4).
    The new section 3680(h)(2) would define an eligible 
individual as one who is pursing a course of education at an 
institution of higher learning through chapters 32, 33, 34, or 
35 who is forced to discontinue pursuing such course as a 
result of closure as defined by paragraph (4) and opts to 
pursue a course of education or alternative course solely by 
distance learning.
    The new section 3680(h)(3) would set the duration of 
monthly payments payable to eligible individuals to be the 
shorter of the time to complete the quarter, semester, term or 
academic period during which the school closure occurred or 
four months.
    The new section 3680(h)(4) defines a ``school closure'' 
under this section as a closure by reason of natural disaster 
for a period the institution confirms will last four weeks or 
longer or as described by the institution as indefinite, and 
that VA confirms is covered for purposes of this subsection.
    The new section 3680(h)(5) would define the term ``natural 
disaster'' as a specific weather event or earth process 
including a hurricane, tornado, wildfire or forest fire, 
earthquake, avalanche, mudslide, hailstorm, thunderstorm, 
lightning storm, freeze, blizzard, sinkhole, or other natural 
disaster event that occurs as an event or process, that the 
President or governor of a State declares a natural disaster.
    The new section 3680(h)(6) would require that no charge 
shall be made against entitlement to any individual by reason 
of this section using chapters 32, 33, 34, and 35 of title 38, 
U.S.C.

         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):

         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):

                          SOCIAL SECURITY ACT


           *       *       *       *       *       *       *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH 
CHILDREN AND FOR CHILD-WELFARE SERVICES

           *       *       *       *       *       *       *



Part D--Child Support and Establishment of Paternity

           *       *       *       *       *       *       *



SEC. 453A. STATE DIRECTORY OF NEW HIRES.

  (a) Establishment.--
          (1) In general.--
                  (A) Requirement for States that have no 
                directory.--Except as provided in subparagraph 
                (B), not later than October 1, 1997, each State 
                shall establish an automated directory (to be 
                known as the ``State Directory of New Hires'') 
                which shall contain information supplied in 
                accordance with subsection (b) by employers on 
                each newly hired employee.
                  (B) States with new hire reporting law in 
                existence.--A State which has a new hire 
                reporting law in existence on the date of the 
                enactment of this section may continue to 
                operate under the State law, but the State must 
                meet the requirements of subsection (g)(2) not 
                later than October 1, 1997, and the 
                requirements of this section (other than 
                subsection (g)(2)) not later than October 1, 
                1998.
          (2) Definitions.--As used in this section:
                  (A) Employee.--The term ``employee''--
                          (i) means an individual who is an 
                        employee within the meaning of chapter 
                        24 of the Internal Revenue Code of 
                        1986; and
                          (ii) does not include an employee of 
                        a Federal or State agency performing 
                        intelligence or counterintelligence 
                        functions, if the head of such agency 
                        has determined that reporting pursuant 
                        to paragraph (1) with respect to the 
                        employee could endanger the safety of 
                        the employee or compromise an ongoing 
                        investigation or intelligence mission.
                  (B) Employer.--
                          (i) In general.--The term 
                        ``employer'' has the meaning given such 
                        term in section 3401(d) of the Internal 
                        Revenue Code of 1986 and includes any 
                        governmental entity and any labor 
                        organization.
                          (ii) Labor organization.--The term 
                        ``labor organization'' shall have the 
                        meaning given such term in section 2(5) 
                        of the National Labor Relations Act, 
                        and includes any entity (also known as 
                        a ``hiring hall'') which is used by the 
                        organization and an employer to carry 
                        out requirements described in section 
                        8(f)(3) of such Act of an agreement 
                        between the organization and the 
                        employer.
                  (C) Newly hired employee.--The term ``newly 
                hired employee'' means an employee who--
                          (i) has not previously been employed 
                        by the employer; or
                          (ii) was previously employed by the 
                        employer but has been separated from 
                        such prior employment for at least 60 
                        consecutive days.
  (b) Employer Information.--
          (1) Reporting requirement.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), each employer shall 
                furnish to the Directory of New Hires of the 
                State in which a newly hired employee works, a 
                report that contains the name, address, and 
                social security number of the employee, the 
                date services for remuneration were first 
                performed by the employee, and the name and 
                address of, and identifying number assigned 
                under section 6109 of the Internal Revenue Code 
                of 1986 to, the employer.
                  (B) Multistate employers.--An employer that 
                has employees who are employed in 2 or more 
                States and that transmits reports magnetically 
                or electronically may comply with subparagraph 
                (A) by designating 1 State in which such 
                employer has employees to which the employer 
                will transmit the report described in 
                subparagraph (A), and transmitting such report 
                to such State. Any employer that transmits 
                reports pursuant to this subparagraph shall 
                notify the Secretary in writing as to which 
                State such employer designates for the purpose 
                of sending reports.
                  (C) Federal government employers.--Any 
                department, agency, or instrumentality of the 
                United States shall comply with subparagraph 
                (A) by transmitting the report described in 
                subparagraph (A) to the National Directory of 
                New Hires established pursuant to section 453.
          (2) Timing of report.--Each State may provide the 
        time within which the report required by paragraph (1) 
        shall be made with respect to an employee, but such 
        report shall be made--
                  (A) not later than 20 days after the date the 
                employer hires the employee; or
                  (B) in the case of an employer transmitting 
                reports magnetically or electronically, by 2 
                monthly transmissions (if necessary) not less 
                than 12 days nor more than 16 days apart.
  (c) Reporting Format and Method.--Each report required by 
subsection (b) shall, to the extent practicable, be made on a 
W-4 form or, at the option of the employer, an equivalent form, 
and may be transmitted by 1st class mail, magnetically, or 
electronically.
  (d) Civil Money Penalties on Noncomplying Employers.--The 
State shall have the option to set a State civil money penalty 
which shall not exceed--
          (1) $25 per failure to meet the requirements of this 
        section with respect to a newly hired employee; or
          (2) $500 if, under State law, the failure is the 
        result of a conspiracy between the employer and the 
        employee to not supply the required report or to supply 
        a false or incomplete report.
  (e) Entry of Employer Information.--Information shall be 
entered into the data base maintained by the State Directory of 
New Hires within 5 business days of receipt from an employer 
pursuant to subsection (b).
  (f) Information Comparisons.--
          (1) In general.--Not later than May 1, 1998, an 
        agency designated by the State shall, directly or by 
        contract, conduct automated comparisons of the social 
        security numbers reported by employers pursuant to 
        subsection (b) and the social security numbers 
        appearing in the records of the State case registry for 
        cases being enforced under the State plan.
          (2) Notice of match.--When an information comparison 
        conducted under paragraph (1) reveals a match with 
        respect to the social security number of an individual 
        required to provide support under a support order, the 
        State Directory of New Hires shall provide the agency 
        administering the State plan approved under this part 
        of the appropriate State with the name, address, and 
        social security number of the employee to whom the 
        social security number is assigned, and the name and 
        address of, and identifying number assigned under 
        section 6109 of the Internal Revenue Code of 1986 to, 
        the employer.
  (g) Transmission of Information.--
          (1) Transmission of wage withholding notices to 
        employers.--Within 2 business days after the date 
        information regarding a newly hired employee is entered 
        into the State Directory of New Hires, the State agency 
        enforcing the employee's child support obligation shall 
        transmit a notice to the employer of the employee 
        directing the employer to withhold from the income of 
        the employee an amount equal to the monthly (or other 
        periodic) child support obligation (including any past 
        due support obligation) of the employee, unless the 
        employee's income is not subject to withholding 
        pursuant to section 466(b)(3).
          (2) Transmissions to the national directory of new 
        hires.--
                  (A) New hire information.--Within 3 business 
                days after the date information regarding a 
                newly hired employee is entered into the State 
                Directory of New Hires, the State Directory of 
                New Hires shall furnish the information to the 
                National Directory of New Hires.
                  (B) Wage and unemployment compensation 
                information.--The State Directory of New Hires 
                shall, on a quarterly basis, furnish to the 
                National Directory of New Hires information 
                concerning the wages and unemployment 
                compensation paid to individuals, by such 
                dates, in such format, and containing such 
                information as the Secretary of Health and 
                Human Services shall specify in regulations.
          (3) Business day defined.--As used in this 
        subsection, the term ``business day'' means a day on 
        which State offices are open for regular business.
  (h) Other Uses of New Hire Information.--
          (1) Location of child support obligors.--The agency 
        administering the State plan approved under this part 
        shall use information received pursuant to subsection 
        (f)(2) to locate individuals for purposes of 
        establishing paternity and establishing, modifying, and 
        enforcing child support obligations, and may disclose 
        such information to any agent of the agency that is 
        under contract with the agency to carry out such 
        purposes.
          (2) Verification of eligibility for certain 
        programs.--A State agency responsible for administering 
        a program specified in section 1137(b) shall have 
        access to information reported by employers pursuant to 
        subsection (b) of this section for purposes of 
        verifying eligibility for the program.
          (3) Administration of employment security and 
        workers' compensation.--State agencies operating 
        employment security and workers' compensation programs 
        shall have access to information reported by employers 
        pursuant to subsection (b) for the purposes of 
        administering such programs.
          (4) Veteran employment.--The Secretaries of Labor and 
        of Veterans Affairs shall have access to information 
        reported by employers pursuant to subsection (b) of 
        this section for purposes of tracking employment of 
        veterans.

           *       *       *       *       *       *       *

                              ----------                              


 DIGNIFIED BURIAL AND OTHER VETERANS' BENEFITS IMPROVEMENT ACT OF 2012



           *       *       *       *       *       *       *
                        TITLE III--OTHER MATTERS

SEC. 301. OFF-BASE TRANSITION TRAINING FOR VETERANS AND THEIR SPOUSES.

  (a) Provision of Off-base Transition Training.--[During the 
two-year period beginning on the date of the enactment of this 
Act, the] During the five-year period beginning on the date of 
the enactment of the Navy SEAL Chief Petty Officer William 
``Bill'' Mulder (Ret.) Transition Improvement Act of 2018, the 
Secretary of Labor shall provide the Transition Assistance 
Program under section 1144 of title 10, United States Code, to 
eligible individuals at locations other than military 
installations [to assess the feasibility and advisability of 
providing such program to eligible individuals at locations 
other than military installations].
  (b) Eligible Individuals.--For purposes of this section, an 
eligible individual is a veteran or the spouse of a veteran.
  (c) Locations.--
          (1) Number of states.--The Secretary shall carry out 
        the training under subsection (a) in [not less than 
        three and not more than five States] not less than 50 
        locations in States (as defined in section 101(20) of 
        title 38, United States Code) selected by the Secretary 
        for purposes of this section.
          (2) Selection of states with high unemployment.--Of 
        the States selected by the Secretary under paragraph 
        (1), [at least two] at least 20 shall be States with 
        high rates of unemployment among veterans.
          (3) Number of locations in each state.--The Secretary 
        shall provide training under subsection (a) to eligible 
        individuals at a sufficient number of locations within 
        each State selected under this subsection to meet the 
        needs of eligible individuals in such State.
          (4) Selection of locations.--The Secretary shall 
        select locations for the provision of training under 
        subsection (a) to facilitate access by participants and 
        may not select any location on a military installation 
        other than a National Guard or reserve facility that is 
        not located on an active duty military installation.
  (d) Inclusion of Information About Veterans Benefits.--The 
Secretary shall ensure that the training provided under 
subsection (a) generally follows the content of the Transition 
Assistance Program under section 1144 of title 10, United 
States Code.
  (e) Annual Report.--Not later than March 1 of any year during 
which the Secretary provides training under subsection (a), the 
Secretary shall submit to Congress a report on the provision of 
such training.
  [(f) Comptroller General Report.--Not later than 180 days 
after the termination of the one-year period described in 
subsection (a), the Comptroller General of the United States 
shall submit to Congress a report on the training provided 
under such subsection. The report shall include the evaluation 
of the Comptroller General regarding the feasibility and 
advisability of carrying out off-base transition training at 
locations nationwide.]

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 38, UNITED STATES CODE



           *       *       *       *       *       *       *
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 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
                         CONNECTED DISABILITIES

Sec.
3100. Purposes.
     * * * * * * *
[3103. Periods of eligibility.]
     * * * * * * *

[Sec. 3103. Periods of eligibility

  [(a) Except as provided in subsection (b), (c), (d), or (e) 
of this section, a rehabilitation program may not be afforded 
to a veteran under this chapter after the end of the twelve-
year period beginning on the date of such veteran's discharge 
or release from active military, naval, or air service.
  [(b)(1) In any case in which the Secretary determines that a 
veteran has been prevented from participating in a vocational 
rehabilitation program under this chapter within the period of 
eligibility prescribed in subsection (a) of this section 
because a medical condition of such veteran made it infeasible 
for such veteran to participate in such a program, the twelve-
year period of eligibility shall not run during the period of 
time that such veteran was so prevented from participating in 
such a program, and such period of eligibility shall again 
begin to run on the first day following such veteran's recovery 
from such condition on which it is reasonably feasible, as 
determined under regulations which the Secretary shall 
prescribe, for such veteran to participate in such a program.
  [(2) In any case in which the Secretary determines that a 
veteran has been prevented from participating in a vocational 
rehabilitation program under this chapter within the period of 
eligibility prescribed in subsection (a) of this section 
because--
          [(A) such veteran had not met the requirement of a 
        discharge or release from active military, naval, or 
        air service under conditions other than dishonorable 
        before (i) the nature of such discharge or release was 
        changed by appropriate authority, or (ii) the Secretary 
        determined, under regulations prescribed by the 
        Secretary, that such discharge or release was under 
        conditions other than dishonorable, or
          [(B) such veteran's discharge or dismissal was, under 
        section 5303 of this title, a bar to benefits under 
        this title before the Secretary made a determination 
        that such discharge or dismissal is not a bar to such 
        benefits,
the twelve-year period of eligibility shall not run during the 
period of time that such veteran was so prevented from 
participating in such a program.
  [(3) In any case in which the Secretary determines that a 
veteran has been prevented from participating in a vocational 
rehabilitation program under this chapter within the period of 
eligibility prescribed in subsection (a) of this section 
because such veteran had not established the existence of a 
service-connected disability rated at 10 percent or more, the 
twelve-year period of eligibility shall not run during the 
period such veteran was so prevented from participating in such 
a program.
  [(c) In any case in which the Secretary determines that a 
veteran is in need of services to overcome a serious employment 
handicap, such veteran may be afforded a vocational 
rehabilitation program after the expiration of the period of 
eligibility otherwise applicable to such veteran if the 
Secretary also determines, on the basis of such veteran's 
current employment handicap and need for such services, that an 
extension of the applicable period of eligibility is necessary 
for such veteran and--
          [(1) that such veteran had not previously been 
        rehabilitated to the point of employability;
          [(2) that such veteran had previously been 
        rehabilitated to the point of employability but (A) the 
        need for such services had arisen out of a worsening of 
        such veteran's service-connected disability that 
        precludes such veteran from performing the duties of 
        the occupation for which such veteran was previously 
        trained in a vocational rehabilitation program under 
        this chapter, or (B) the occupation for which such 
        veteran had been so trained is not suitable in view of 
        such veteran's current employment handicap and 
        capabilities; or
          [(3) under regulations which the Secretary shall 
        prescribe, that an extension of the period of 
        eligibility of such veteran is necessary to accomplish 
        the purposes of a rehabilitation program for such 
        veteran.
  [(d) In any case in which the Secretary has determined that a 
veteran's disability or disabilities are so severe that the 
achievement of a vocational goal currently is not reasonably 
feasible, such veteran may be afforded a program of independent 
living services and assistance in accordance with the 
provisions of section 3120 of this title after the expiration 
of the period of eligibility otherwise applicable to such 
veteran if the Secretary also determines that an extension of 
the period of eligibility of such veteran is necessary for such 
veteran to achieve maximum independence in daily living.
  [(e)(1) The limitation in subsection (a) shall not apply to a 
rehabilitation program described in paragraph (2).
  [(2) A rehabilitation program described in this paragraph is 
a rehabilitation program pursued by a veteran under section 
3102(b) of this title.
  [(f) In any case in which the Secretary has determined that a 
veteran was prevented from participating in a vocational 
rehabilitation program under this chapter within the period of 
eligibility otherwise prescribed in this section as a result of 
being ordered to serve on active duty under section 688, 
12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b 
of title 10, such period of eligibility shall not run for the 
period of such active duty service plus four months.]

           *       *       *       *       *       *       *


CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

           *       *       *       *       *       *       *


SUBCHAPTER II--EDUCATIONAL ASSISTANCE

           *       *       *       *       *       *       *


Sec. 3313. Programs of education leading to a degree pursued at 
                    institutions of higher learning on more than half-
                    time basis

  (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) Amount of Educational Assistance.--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), or (9) 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 Pursued on Active Duty.--
          (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) 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.

           *       *       *       *       *       *       *


CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS

           *       *       *       *       *       *       *


SUBCHAPTER II--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


Sec. 3680. Payment of educational assistance or subsistence allowances

  (a) Period for Which Payment May Be Made.--Payment of 
educational assistance or subsistence allowances to eligible 
veterans or eligible persons pursuing a program of education or 
training, other than a program by correspondence, in an 
educational institution under chapter 31, 34, or 35 of this 
title shall be paid as provided in this section and, as 
applicable, in section 3108, 3482, 3491, or 3532 of this title. 
Such payments shall be paid only for the period of such 
veterans' or persons' enrollment in, and pursuit of, such 
program, but no amount shall be paid--
          (1) to any eligible veteran or eligible person for 
        any period when such veteran or person is not pursuing 
        such veteran's or person's course in accordance with 
        the regularly established policies and regulations of 
        the educational institution, with the provisions of 
        such regulations as may be prescribed by the Secretary 
        pursuant to subsection (g) of this section, and with 
        the requirements of this chapter or of chapter 34 or 35 
        of this title, but payment may be made for an actual 
        period of pursuit of one or more unit subjects pursued 
        for a period of time shorter than the enrollment period 
        at the educational institution;
          (2) to any eligible veteran or person for auditing a 
        course; or
          (3) to any eligible veteran or person for a course 
        for which the grade assigned is not used in computing 
        the requirements for graduation including a course from 
        which the student withdraws unless--
                  (A) the eligible veteran or person withdraws 
                because he or she is ordered to active duty; or
                  (B) the Secretary finds there are mitigating 
                circumstances, except that, in the first 
                instance of withdrawal (without regard to 
                withdrawals described in subclause (A) of this 
                clause) by the eligible veteran or person from 
                a course or courses with respect to which the 
                veteran or person has been paid assistance 
                under this title, mitigating circumstances 
                shall be considered to exist with respect to 
                courses totaling not more than six semester 
                hours or the equivalent thereof.
Notwithstanding the foregoing, the Secretary may, subject to 
such regulations as the Secretary shall prescribe, continue to 
pay allowances to eligible veterans and eligible persons 
enrolled in courses set forth in clause (1) of this subsection 
during periods when schools are temporarily closed under an 
established policy based on an Executive order of the President 
or due to an emergency situation. However, the total number of 
weeks for which allowances may continue to be so payable in any 
12-month period may not exceed 4 weeks.
  (b) Correspondence Training Certifications.--No educational 
assistance allowance shall be paid to an eligible veteran or 
spouse or surviving spouse enrolled in and pursuing a program 
of education exclusively by correspondence until the Secretary 
shall have received--
          (1) from the eligible veteran or spouse or surviving 
        spouse a certificate as to the number of lessons 
        actually completed by the veteran or spouse or 
        surviving spouse and serviced by the educational 
        institution; and
          (2) from the training establishment a certification 
        or an endorsement on the veteran's or spouse's or 
        surviving spouse's certificate, as to the number of 
        lessons completed by the veteran or spouse or surviving 
        spouse and serviced by the institution.
  (c) Apprenticeship and Other On-Job Training.--No training 
assistance allowance shall be paid to an eligible veteran or 
eligible person enrolled in and pursuing a program of 
apprenticeship or other on-job training until the Secretary 
receives from the training establishment a certification that 
such veteran or person was enrolled in and pursuing a program 
of apprenticeship or other on-job training during such period.
  (d) Advance Payment of Initial Educational Assistance or 
Subsistence Allowance.--(1) The educational assistance or 
subsistence allowance advance payment provided for in this 
subsection is based upon a finding by the Congress that 
eligible veterans and eligible persons may need additional 
funds at the beginning of a school term to meet the expenses of 
books, travel, deposits, and payment for living quarters, the 
initial installment of tuition, and the other special expenses 
which are concentrated at the beginning of a school term.
  (2) Subject to the provisions of this subsection, and under 
regulations which the Secretary shall prescribe, an eligible 
veteran or eligible person shall be paid an educational 
assistance allowance or subsistence allowance, as appropriate, 
advance payment. Such advance payment shall be made in an 
amount equivalent to the allowance for the month or fraction 
thereof in which pursuit of the program will commence, plus the 
allowance for the succeeding month. In the case of a person on 
active duty, who is pursuing a program of education, the 
advance payment shall be in a lump sum based upon the amount 
payable for the entire quarter, semester, or term, as 
applicable. In no event shall an advance payment be made under 
this subsection to a veteran or person intending to pursue a 
program of education on less than a half-time basis. An advance 
payment may not be made under this subsection to any veteran or 
person unless the veteran or person requests such payment and 
the Secretary finds that the educational institution at which 
such veteran or person is accepted or enrolled has agreed to, 
and can satisfactorily, carry out the provisions of paragraphs 
(4)(B) and (C) and (5) of this subsection. The application for 
advance payment, to be made on a form prescribed by the 
Secretary, shall--
          (A) in the case of an initial enrollment of a veteran 
        or person in an educational institution, contain 
        information showing that the veteran or person (i) is 
        eligible for educational benefits, (ii) has been 
        accepted by the institution, and (iii) has notified the 
        institution of such veteran's or person's intention to 
        attend that institution; and
          (B) in the case of a re-enrollment of a veteran or 
        person, contain information showing that the veteran or 
        person (i) is eligible to continue such veteran's or 
        person's program of education or training and (ii) 
        intends to re-enroll in the same institution,
and, in either case, shall also state the number of semester or 
clock-hours to be pursued by such veteran or person.
  (3) For purposes of the Secretary's determination whether any 
veteran or person is eligible for an advance payment under this 
section, the information submitted by the institution, the 
veteran or person, shall establish such veteran's or person's 
eligibility unless there is evidence in such veteran's or 
person's file in the processing office establishing that the 
veteran or person is not eligible for such advance payment.
  (4) The advance payment authorized by paragraph (2) of this 
subsection shall, in the case of an eligible veteran or 
eligible person, be (A) drawn in favor of the veteran or 
person; (B) mailed to the educational institution listed on the 
application form for temporary care and delivery to the veteran 
or person by such institution; and (C) delivered to the veteran 
or person upon such veteran's or person's registration at such 
institution, but in no event shall such delivery be made 
earlier than thirty days before the program of education is to 
commence.
  (5) Upon delivery of the advance payment pursuant to 
paragraph (4) of this subsection, the institution shall submit 
to the Secretary a certification of such delivery. If such 
delivery is not effected within thirty days after commencement 
of the program of education in question, such institution shall 
return such payment to the Secretary forthwith.
  (e) Recovery of Erroneous Payments.--(1) Subject to paragraph 
(2), if an eligible veteran or eligible person fails to enroll 
in or pursue a course for which an educational assistance or 
subsistence allowance advance payment is made, the amount of 
such payment and any amount of subsequent payments which, in 
whole or in part, are due to erroneous information required to 
be furnished under subsection (d)(2) of this section, shall 
become an overpayment and shall constitute a liability of such 
veteran or person to the United States and may be recovered, 
unless waived pursuant to section 5302 of this title, from any 
benefit otherwise due such veteran or person under any law 
administered by the Department of Veterans Affairs or may be 
recovered in the same manner as any other debt due the United 
States.
  (2) Paragraph (1) shall not apply to the recovery of an 
overpayment of an educational allowance or subsistence 
allowance advance payment to an eligible veteran or eligible 
person who fails to enroll in or pursue a course of education 
for which the payment is made if such failure is due to the 
death of the veteran or person.
  (f) Payments for Less Than Half-Time Training.--Payment of 
educational assistance allowance in the case of any eligible 
veteran or eligible person pursuing a program of education on 
less than a half-time basis shall be made in an amount computed 
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 veteran or person has enrolled in and is pursuing a 
program at such institution. Such lump sum payment shall be 
computed at the rate provided in section 3482(b) or 3532(a)(2) 
of this title, as applicable.
  (g) Determination of Enrollment, Pursuit, and Attendance.--
(1) The Secretary may, pursuant to regulations which the 
Secretary shall prescribe, determine and define with respect to 
an eligible veteran and eligible person the following:
          (A) Enrollment in a course or program of education or 
        training.
          (B) Pursuit of a course or program of education or 
        training.
          (C) Attendance at a course or program of education or 
        training.
  (2) The Secretary may withhold payment of benefits to an 
eligible veteran or eligible person until the Secretary 
receives such proof as the Secretary may require of enrollment 
in and satisfactory pursuit of a program of education by the 
eligible veteran or eligible person. The Secretary shall adjust 
the payment withheld, when necessary, on the basis of the proof 
the Secretary receives.
  (3) In the case of an individual other than an individual 
described in paragraph (4), the Secretary may accept the 
individual's monthly certification of enrollment in and 
satisfactory pursuit of a program of education as sufficient 
proof of the certified matters.
  (4) In the case of an individual who has received an 
accelerated payment of basic educational assistance under 
section 3014A of this title during an enrollment period for a 
program of education, the Secretary may accept the individual's 
certification of enrollment in and satisfactory pursuit of the 
program of education as sufficient proof of the certified 
matters if the certification is submitted after the enrollment 
period has ended.
  (h) School Closure During Natural Disasters.--
          (1) In general.--An individual described in paragraph 
        (2) shall be entitled to a monthly stipend in the 
        amount to which the individual would be entitled were 
        the individual pursuing a course of education at an 
        institution of higher education through resident 
        training but for a school closure described under 
        paragraph (4).
          (2) Individual described.--An individual described in 
        this paragraph is an individual pursuing a course of 
        education at an institution of higher education using 
        educational assistance under chapter 32, 33, 34, or 35 
        of this title, who--
                  (A) is forced to discontinue pursuing such 
                course at such institution by reason of a 
                school closure described under paragraph (4); 
                and
                  (B) opts to--
                          (i) pursue that course of education 
                        solely by distance learning; or
                          (ii) pursue an alternative course of 
                        education solely by distance learning.
          (3) Duration.--The duration of the monthly stipends 
        payable to an individual under paragraph (1) shall be 
        the shorter of the following:
                  (A) The period of time necessary to complete 
                the quarter, semester, term or academic period 
                during which the school closure described in 
                paragraph (4) occurs.
                  (B) Four months.
          (4) School closure.--A school closure described in 
        this paragraph is the closure of an institution of 
        higher education--
                  (A) by reason of a natural disaster;
                  (B) for a period of time that--
                          (i) the institution confirms will 
                        last for four weeks or longer; or
                          (ii) the institution describes as 
                        indefinite and that endures for a 
                        period of four weeks or longer; and
                  (C) that the Secretary confirms is covered 
                for purposes of this subsection.
          (5) Natural disaster defined.--In this subsection, 
        the term ``natural disaster'' means a specific weather 
        event or earth process, including a hurricane, tornado, 
        wildfire or forest fire, earthquake, avalanche, 
        mudslide, hailstorm, thunderstorm, lightning storm, 
        freeze, blizzard, sinkhole, or other disastrous event 
        that occurs as a result of such an event or process, 
        that the President or the governor of a State declares 
        a natural disaster.
          (6) No charge to entitlement.--No charge shall be 
        made to the entitlement of any individual to 
        educational assistance under chapter 32, 33, 34, or 35 
        of this title by reason of a payment under this 
        subsection.

           *       *       *       *       *       *       *


                                  [all]