[115th Congress Public Law 48]
[From the U.S. Government Publishing Office]
[[Page 131 STAT. 973]]
Public Law 115-48
115th Congress
An Act
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs, and for
other purposes. <<NOTE: Aug. 16, 2017 - [H.R. 3218]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Harry W. Colmery
Veterans Educational Assistance Act of 2017. 38 USC 101 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Harry W. Colmery
Veterans Educational Assistance Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
Sec. 101. Consideration of certain time spent receiving medical care
from Secretary of Defense as active duty for purposes of
eligibility for Post-9/11 Educational Assistance.
Sec. 102. Educational assistance under Post-9/11 Educational Assistance
Program for members of the Armed Forces awarded the Purple
Heart.
Sec. 103. Inclusion of Fry Scholarship recipients and Purple Heart
recipients in Yellow Ribbon G.I. Education Enhancement
Program.
Sec. 104. Inclusion of certain members of the Armed Forces serving on
active duty in Yellow Ribbon G.I. Education Enhancement
Program.
Sec. 105. Consolidation of certain eligibility tiers under Post-9/11
Educational Assistance Program of the Department of Veterans
Affairs.
Sec. 106. Eligibility for Post-9/11 Educational Assistance for certain
members of reserve components of Armed Forces who lost
entitlement to educational assistance under Reserve
Educational Assistance Program.
Sec. 107. Calculation of monthly housing stipend under Post-9/11
Educational Assistance Program based on location of campus
where classes are attended.
Sec. 108. Charge to entitlement for certain licensure and certification
tests and national tests under Department of Veterans Affairs
Post-9/11 Educational Assistance Program.
Sec. 109. Restoration of entitlement to educational assistance and other
relief for veterans affected by school closure or
disapproval.
Sec. 110. Additional authorized transfer of unused Post-9/11 Educational
Assistance benefits to dependents upon death of originally
designated dependent.
Sec. 111. Edith Nourse Rogers STEM Scholarship.
Sec. 112. Honoring the national service of members of the Armed Forces
by elimination of time limitation for use of entitlement.
Sec. 113. Monthly stipend for certain members of the reserve components
of the Armed Forces receiving Post-9/11 Educational
Assistance.
Sec. 114. Annual reports to Congress on information on student progress
submitted by educational institutions.
Sec. 115. Improvement of information technology of the veterans benefits
administration of the Department of Veterans Affairs.
Sec. 116. Department of Veterans Affairs high technology pilot program.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 201. Work-study allowance.
[[Page 131 STAT. 974]]
Sec. 202. Duration of educational assistance under Survivors' and
Dependents' Educational Assistance Program.
Sec. 203. Olin E. Teague increase in amounts of educational assistance
payable under Survivors' and Dependents' Educational
Assistance Program.
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 301. State approving agency funding.
Sec. 302. Authorization for use of Post-9/11 Educational Assistance to
pursue independent study programs at certain educational
institutions that are not institutions of higher learning.
Sec. 303. Provision of information on priority enrollment for veterans
in certain courses of education.
Sec. 304. Limitation on use of reporting fees payable to educational
institutions and sponsors of programs of apprenticeship.
Sec. 305. Training for school certifying officials.
Sec. 306. Extension of authority for Advisory Committee on Education.
Sec. 307. Department of Veterans Affairs provision of on-campus
educational and vocational counseling for veterans.
Sec. 308. Provision of information regarding veteran entitlement to
educational assistance.
Sec. 309. Treatment, for purposes of educational assistance administered
by the Secretary of Veterans Affairs, of educational courses
that begin seven or fewer days after the first day of an
academic term.
Sec. 310. Inclusion of risk-based reviews in State approving agency
oversight activities.
Sec. 311. Comptroller General study of State approving agency
performance.
TITLE IV--RESERVE COMPONENT BENEFITS
Sec. 401. Eligibility of reserve component members for Post-9/11
Educational Assistance.
Sec. 402. Time limitation for training and rehabilitation for veterans
with service-connected disabilities.
TITLE V--OTHER MATTERS
Sec. 501. Repeal inapplicability of modification of basic allowance for
housing to benefits under laws administered by Secretary of
Veterans Affairs.
Sec. 502. Reconsideration of previously denied claims for disability
compensation for veterans who allege full-body exposure to
nitrogen mustard gas, sulfur mustard gas, or Lewisite during
World War II.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
TITLE I--POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM
SEC. 101. CONSIDERATION OF CERTAIN TIME SPENT RECEIVING MEDICAL
CARE FROM SECRETARY OF DEFENSE AS ACTIVE
DUTY FOR PURPOSES OF ELIGIBILITY FOR POST-
9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) is amended by inserting
``12301(h),'' after ``12301(g),''.
(b) <<NOTE: 38 USC 3301 note.>> Retroactive Application.--The
amendment made by subsection (a) shall apply with respect to service in
the Armed Forces occurring on or after September 11, 2001.
(c) <<NOTE: 38 USC 3301 note.>> Application With Respect to Use of
Entitlement.--An individual who is entitled to educational assistance by
reason of the amendment made by subsection (a) may use such entitlement
to pursue a course of education beginning on or after August 1, 2018.
[[Page 131 STAT. 975]]
SEC. 102. EDUCATIONAL ASSISTANCE UNDER POST-9/11 EDUCATIONAL
ASSISTANCE PROGRAM FOR MEMBERS OF THE
ARMED FORCES AWARDED THE PURPLE HEART.
(a) Eligibility.--Section 3311(b) is amended by adding at the end
the following new paragraph:
``(10) An individual who is awarded the Purple Heart for
service in the Armed Forces occurring on or after September 11,
2001, and continues to serve on active duty in the Armed Forces
or is discharged or released from active duty as described in
subsection (c).''.
(b) Amount of Assistance.--Section 3313(c)(1) is amended by striking
``or (9)'' and inserting ``(9), or (10)''.
(c) <<NOTE: 38 USC 3311 note.>> Effective Date.--The amendments
made by this section shall take effect on August 1, 2018.
SEC. 103. INCLUSION OF FRY SCHOLARSHIP RECIPIENTS AND PURPLE HEART
RECIPIENTS IN YELLOW RIBBON G.I. EDUCATION
ENHANCEMENT PROGRAM.
(a) In General.--Section 3317(a) is amended, in the second sentence,
by striking ``paragraphs (1) and (2)'' and inserting ``paragraphs (1),
(2), (9), and (10)''.
(b) <<NOTE: 38 USC 3317 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on August 1, 2018.
SEC. 104. INCLUSION OF CERTAIN MEMBERS OF THE ARMED FORCES SERVING
ON ACTIVE DUTY IN YELLOW RIBBON G.I.
EDUCATION ENHANCEMENT PROGRAM.
(a) In General.--Section 3317(a) is amended, in the first sentence,
by striking ``section 3313(c)(1)(A)'' and inserting ``subsection
(c)(1)(A) or (e)(2)(A) of section 3313 of this title''.
(b) <<NOTE: 38 USC 3317 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on August 1, 2022.
SEC. 105. CONSOLIDATION OF CERTAIN ELIGIBILITY TIERS UNDER POST-9/
11 EDUCATIONAL ASSISTANCE PROGRAM OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Entitlement.--Section 3311(b), as amended by section 102, is
further amended--
(1) in paragraph (6)(A), by striking ``12 months'' and
inserting ``6 months'';
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(b) Amount of Educational Assistance.--Section 3313(c) is amended by
striking paragraph (7).
(c) Conforming Amendments.--Chapter 33 is further amended as
follows:
(1) In section 3311(f), by striking ``paragraph (9)'' each
place it appears and inserting ``paragraph (8)''.
(2) In section 3313, as amended by section 102--
(A) in subsection (c)(1), by striking ``(9), or
(10)'' and inserting ``(8), or (9)'';
(B) in subsection (d), by striking ``paragraphs (2)
through (7)'' each place it appears and inserting
``paragraphs (2) through (6)'';
(C) in subsection (e)(2)(C)--
(i) by striking ``paragraphs (3) through (8)''
and inserting ``paragraphs (3) through (7)''; and
[[Page 131 STAT. 976]]
(ii) by striking ``paragraphs (2) through
(7)'' and inserting ``paragraphs (2) through
(6)'';
(D) in subsection (f)(2)(A)(ii), by striking
``paragraphs (2) through (7)'' and inserting
``paragraphs (2) through (6)'';
(E) in subsection (g)(3)--
(i) in subparagraph (A)(iv)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting ``paragraphs
(3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting ``paragraphs
(2) through (6)'';
(ii) in subparagraph (B)(iii)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting ``paragraphs
(3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting ``paragraphs
(2) through (6)'';
(iii) in subparagraph (C)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking
``paragraphs (3) through (8)''
and inserting ``paragraphs (3)
through (7)''; and
(bb) by striking
``paragraphs (2) through (7)''
and inserting ``paragraphs (2)
through (6)''; and
(iv) in subparagraph (D)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking
``paragraphs (3) through (8)''
and inserting ``paragraphs (3)
through (7)''; and
(bb) by striking
``paragraphs (2) through (7)''
and inserting ``paragraphs (2)
through (6)''; and
(F) in subsection (h), by striking ``paragraphs (2)
through (7)'' and inserting ``paragraphs (2) through
(6)'';
(3) In section 3316--
(A) in subsection (a)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2) through
(6)''; and
(B) in subsection (b)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2) through
(6)''.
(4) In section 3317(a), in the second sentence, as amended
by section 103, by striking ``paragraphs (1), (2), (9), and
(10)'' and inserting ``paragraphs (1), (2), (8), and (9)''.
(5) In section 3321(b)(4), as amended by section 112, by
striking ``section 3311(b)(9)'' and inserting ``section
3311(b)(8)''.
(6) In section 3322--
(A) in subsection (e), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)'';
(B) in subsection (f), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)''; and
(C) in subsection (h)(2), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)''.
(7) In section 3679(c)(2)(B), by striking ``3311(b)(9)'' and
inserting ``3311(b)(8)''.
[[Page 131 STAT. 977]]
(d) <<NOTE: 38 USC 3311 note.>> Effective Date.--The amendments
made by this section shall take effect on August 1, 2020.
SEC. 106. ELIGIBILITY FOR POST-9/11 EDUCATIONAL ASSISTANCE FOR
CERTAIN MEMBERS OF RESERVE COMPONENTS OF
ARMED FORCES WHO LOST ENTITLEMENT TO
EDUCATIONAL ASSISTANCE UNDER RESERVE
EDUCATIONAL ASSISTANCE PROGRAM.
(a) Election.--Section 16167 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) Eligibility for Post-9/11 Educational Assistance.--A member
who loses eligibility for benefits under this chapter pursuant to
subsection (b) shall be allowed to elect (in such form and manner as the
Secretary of Veterans Affairs may prescribe) to have such service
previously credited toward this chapter credited towards establishing
eligibility for educational assistance under chapter 33 of title 38,
notwithstanding the provisions of section 16163(e) of this title or
section 3322(h)(1) of title 38.''.
(b) <<NOTE: 38 USC 3301 note.>> Qualification of Service.--Section
3301(1) of title 38, United States Code, shall be construed to include,
in the case of a member of a reserve component of the Armed Forces who,
before November 25, 2015, established eligibility for educational
assistance under chapter 1607 of title 10, United States Code, pursuant
to section 16163(a)(1) of such title, but lost eligibility for such
educational assistance pursuant to section 16167(b) of such title,
service on active duty (as defined in section 101 of such title) that
satisfies the requirements of section 16163(a)(1) of such title.
(c) <<NOTE: 38 USC 3311 note.>> Entitlement.--Section 3311(b)(6) of
title 38, United States Code, shall be construed to include an
individual who, before November 25, 2015, established eligibility for
educational assistance under chapter 1607 of title 10, United States
Code, pursuant to section 16163(b) of such title, but lost such
eligibility pursuant to section 16167(b) of such title.
(d) <<NOTE: 38 USC 3313 note.>> Duration.--Notwithstanding section
3312 of title 38, United States Code, an individual who establishes
eligibility for educational assistance under chapter 33 of such title by
crediting towards such chapter service previously credited towards
chapter 1607 of title 10, United States Code, is only entitled to a
number of months of educational assistance under section 3313 of title
38, United States Code, equal to the number of months of entitlement
remaining under chapter 1607 of title 10, United States Code, at the
time of conversion to chapter 33 of title 38, United States Code.
SEC. 107. CALCULATION OF MONTHLY HOUSING STIPEND UNDER POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM BASED ON
LOCATION OF CAMPUS WHERE CLASSES ARE
ATTENDED.
(a) In General.--Section 3313(c)(1)(B)(i)(I) is amended by striking
``the institution of higher learning at which the individual is
enrolled'' and inserting ``the campus of the institution of higher
learning where the individual physically participates in a majority of
classes''.
(b) <<NOTE: 38 USC 3313 note.>> Effective Date.--The amendment made
by subsection (a) shall apply with respect to initial enrollment in a
program of education on or after August 1, 2018.
[[Page 131 STAT. 978]]
SEC. 108. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND
CERTIFICATION TESTS AND NATIONAL TESTS
UNDER DEPARTMENT OF VETERANS AFFAIRS POST-
9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) Licensure and Certification Tests.--Subsection (c) of section
3315 is amended--
(1) by striking ``shall be determined at the rate of one
month (rounded to the nearest whole month)'' and inserting
``shall be pro-rated based on the actual amount of the fee
charged for the test relative to the rate for 1 month''; and
(2) by striking ``for each amount paid that equals'' and
inserting ``payable''.
(b) National Tests.--Section 3315A is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) A national test that evaluates prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning as so described.''; and
(2) in subsection (c)--
(A) by striking ``shall be determined at the rate of
one month (rounded to the nearest whole month)'' and
inserting ``shall be pro-rated based on the actual
amount of the fee charged for the test relative to the
rate for 1 month''; and
(B) by striking ``for each amount paid that equals''
and inserting ``payable''.
(c) Tests Included.--Section 3452(b) is amended in the last
sentence--
(1) by striking ``and national tests providing'' and
inserting ``, national tests providing''; and
(2) by inserting before the period at the end the following:
``, and national tests that evaluate prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning''.
(d) <<NOTE: 38 USC 3315 note.>> Effective Date.--The amendments
made by this Act shall apply to a test taken on or after August 1, 2018.
SEC. 109. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND
OTHER RELIEF FOR VETERANS AFFECTED BY
SCHOOL CLOSURE OR DISAPPROVAL.
(a) School Closure or Disapproval.--
(1) Restoration of entitlement.--Chapter 36 is amended by
adding at the end the following new section:
``Sec. 3699. <<NOTE: 38 USC 3699.>> Effects of closure or
disapproval of educational institution
``(a) Closure or Disapproval.--Any payment of educational assistance
described in subsection (b) shall not--
``(1) be charged against any entitlement to educational
assistance of the individual concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(b) <<NOTE: Determination.>> Educational Assistance Described.--
Subject to subsection (c), the payment of educational assistance
described in this paragraph is the payment of such assistance to an
individual for pursuit of a course or program of education at an
educational
[[Page 131 STAT. 979]]
institution under chapter 30, 32, 33, or 35 of this title, or chapter
1606 or 1607 of title 10, if the Secretary determines that the
individual--
``(1) was unable to complete such course or program as a
result of--
``(A) the closure of the educational institution; or
``(B) the disapproval of the course or a course that
is a necessary part of that program under this chapter
by reason of--
``(i) a provision of law enacted after the
date on which the individual enrolls at such
institution affecting the approval or disapproval
of courses under this chapter; or
``(ii) after the date on which the individual
enrolls at such institution, the Secretary
prescribing or modifying regulations or policies
of the Department affecting such approval or
disapproval; and
``(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
``(c) Period Not Charged.--The period for which, by reason of this
subsection, educational assistance is not charged against entitlement or
counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the aggregate of--
``(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with respect
to which the individual lost training time, as determined under
subsection (b)(2); and
``(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(d) <<NOTE: Determination.>> Continuing Pursuit of Disapproved
Courses.--(1) The Secretary may treat a course of education that is
disapproved under this chapter as being approved under this chapter with
respect to an individual described in paragraph (2) if the Secretary
determines, on a case-by-case basis, that--
``(A) such disapproval is the result of an action described
in clause (i) or (ii) of subsection (b)(1)(B); and
``(B) continuing pursuing such course is in the best
interest of the individual.
``(2) An individual described in this paragraph is an individual who
is pursuing a course of education at an educational institution under
chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607 of
title 10, as of the date on which the course is disapproved under this
chapter.
``(e) <<NOTE: Deadline.>> Notice of Closures.--Not later than 5
business days after the date on which the Secretary receives notice that
an educational institution will close or is closed, the Secretary shall
provide to each individual who is enrolled in a course or program or
education at such educational institution using entitlement to
educational assistance under chapter 30, 32, 33, or 35 of this title, or
chapter 1606 or 1607 of title 10, notice of--
``(1) such closure and the date of such closure; and
``(2) the effect of such closure on the individual's
entitlement to educational assistance pursuant to this
section.''.
[[Page 131 STAT. 980]]
(2) Clerical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 38 USC 3670 prec.>> is
amended by inserting after the item relating to section 3698 the
following new item:
``3699. Effects of closure or disapproval of educational institution.''.
(b) Monthly Housing Stipend.--
(1) In general.--Subsection (a) section 3680 is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii), respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter preceding subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided in
paragraph (2), payment of''; and
(E) by adding at the end the following new paragraph
(2):
``(2) <<NOTE: Regulations.>> Notwithstanding paragraph (1), the
Secretary may, pursuant to such regulations as the Secretary shall
prescribe, continue to pay allowances to eligible veterans and eligible
persons enrolled in courses set forth in paragraph (1)(A)--
``(A) during periods when educational institutions are
temporarily closed under an established policy based on an
Executive order of the President or due to an emergency
situation, except that the total number of weeks for which
allowances may continue to be so payable in any 12-month period
may not exceed 4 weeks; or
``(B) <<NOTE: Extension dates.>> solely for the purpose of
awarding a monthly housing stipend described in section 3313 of
this title, during periods following a permanent closure of an
educational institution, or following the disapproval of a
course of study described in section 3699(b)(1)(B) of this
title, except that payment of such a stipend may only be
continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the closure or disapproval
occurred; and
``(ii) the date that is 120 days after the date of
the closure or disapproval.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
subsection, as redesignated, is amended by striking ``described
in subclause (A) of this clause'' and inserting ``described in
clause (i)''.
(c) <<NOTE: 38 USC 3699 note.>> Applicability.--
(1) School closure or disapproval.--
(A) <<NOTE: Effective date.>> In general.--The
amendments made by subsection (a) shall take effect on
the date that is 90 days after the date of the enactment
of this Act, and shall apply with respect to courses and
programs of education discontinued as described in
section 3699 of title 38, United States Code, as added
by subsection (a)(1), after January 1, 2015.
(B) <<NOTE: Time period.>> Special application.--
With respect to courses and programs of education
discontinued as described in section 3699 of title 38,
United States Code, as added by subsection (a)(1),
during the period beginning January 1, 2015, and ending
on the date of the enactment of this Act, an individual
who does not transfer credits from such program
[[Page 131 STAT. 981]]
of education shall be deemed to be an individual who did
not receive such credits, as described in subsection
(b)(2) of such section, except that the period for which
the individual's entitlement is not charged shall be the
entire period of the individual's enrollment in the
program of
education. <<NOTE: Consultation. Procedures.>> In
carrying out this paragraph, the Secretary of Veterans
Affairs, in consultation with the Secretary of
Education, shall establish procedures to determine
whether the individual transferred credits to a
comparable course or program of education.
(2) <<NOTE: Effective date. 38 USC 3680 note.>> Monthly
housing stipend.--The amendments made by subsection (b) shall
take effect on August 1, 2018, and shall apply with respect to
courses and programs of education discontinued as described in
section 3699 of title 38, United States Code, as added by such
subsection, on or after the date of the enactment of this Act.
SEC. 110. ADDITIONAL AUTHORIZED TRANSFER OF UNUSED POST-9/11
EDUCATIONAL ASSISTANCE BENEFITS TO
DEPENDENTS UPON DEATH OF ORIGINALLY
DESIGNATED DEPENDENT.
(a) Transfer Upon Death of Dependent.--Section 3319 is amended--
(1) in subsection (f)(1), by inserting after ``section
3321'' the following: ``, and except as provided in subsection
(k) or (l),''; and
(2) by adding at the end the following new subsection:
``(k) Additional Transfer Upon Death of Dependent.--In the case of a
dependent to whom entitlement to educational assistance is transferred
under this section who dies before using all of such entitlement, the
individual who transferred the entitlement to the dependent may transfer
any remaining entitlement to a different eligible dependent,
notwithstanding whether the individual is serving as a member of the
Armed Forces when such transfer is executed.
``(l) Transfer by Dependent.--In the case of an individual who
transfers entitlement to educational assistance under this section who
dies before the dependent to whom entitlement to educational assistance
is so transferred has used all of such entitlement, such dependent may
transfer such entitlement to another eligible dependent in accordance
with the provisions of this section.''.
(b) Effective Dates.--
(1) Eligible deaths.--The amendments made by this section
shall apply with respect to deaths occurring on or after August
1, 2009.
(2) Use of entitlement.--A dependent to whom entitlement to
educational assistance is transferred under subsection (k) or
(l) of section 3319 of title 38, United States Code, as added by
subsection (a), may use such entitlement to pursue a course of
education beginning on or after August 1, 2018.
SEC. 111. EDITH NOURSE ROGERS STEM SCHOLARSHIP.
(a) In General.--Subchapter II of chapter 33 is amended by adding
at the end the following new section:
[[Page 131 STAT. 982]]
``Sec. 3320. <<NOTE: 38 USC 3320.>> Edith Nourse Rogers STEM
Scholarship
``(a) In General.--Subject to the limitation under subsection (f),
the Secretary shall provide additional benefits to eligible individuals
selected by the Secretary under this section. Such benefits shall be
known as the `Edith Nourse Rogers STEM Scholarship'.
``(b) Eligibility.--For purposes of this section, an eligible
individual is an individual--
``(1) who is or was entitled to educational assistance under
section 3311 of this title;
``(2) <<NOTE: Deadline.>> who has used all of the
educational assistance to which the individual is entitled under
this chapter or will, based on the individual's rate of usage,
use all of such assistance within 180 days of applying for
benefits under this section;
``(3) who applies for assistance under this section; and
``(4) who--
``(A) is an individual who--
``(i) is enrolled in a program of education
leading to a post-secondary degree that, in
accordance with the guidelines of the applicable
regional or national accrediting agency, requires
more than the standard 128 semester (or 192
quarter) credit hours for completion in a
standard, undergraduate college degree in--
``(I) biological or biomedical
science;
``(II) physical science;
``(III) science technologies or
technicians;
``(IV) computer and information
science and support services;
``(V) mathematics or statistics;
``(VI) engineering;
``(VII) engineering technologies or
an engineering-related field;
``(VIII) a health profession or
related program;
``(IX) a medical residency program;
``(X) an agriculture science program
or a natural resources science program;
or
``(XI) other subjects and fields
identified by the Secretary as meeting
national needs;
``(ii) has completed at least 60 standard
semester (or 90 quarter) credit hours in a field
referred to in clause (i); or
``(B) is an individual who has earned a post-
secondary degree in a field referred to in subparagraph
(A)(i) and is enrolled in a program of education leading
to a teaching certification.
``(c) Priority.--In selecting eligible individuals to receive
additional benefits under this section, the Secretary shall give
priority to the following individuals:
``(1) Individuals who require the most credit hours
described in subsection (b)(4).
``(2) Individuals who are entitled to educational assistance
under this chapter by reason of paragraph (1), (2), (8), or (9)
of section 3311(b) of this title.
``(d) <<NOTE: Payments.>> Amount of Assistance.--(1) The Secretary
shall pay to each eligible individual who receives additional benefits
under this section the monthly amount payable under section 3313 of this
title for not more than 9 months of the program of education in which
the individual is enrolled (adjusted with respect to the
[[Page 131 STAT. 983]]
individual pursuant to section 3313(c), as appropriate), except that the
aggregate amount paid to an individual under this section may not exceed
$30,000.
``(2) The Secretary may not pay to such an individual an amount in
addition to the amount payable under paragraph (1) by reason of section
3317 of this title.
``(3) An individual who receives additional benefits under this
section may also receive amounts payable by a college or university
pursuant to section 3317 of this title.
``(e) Prohibition on Transfer.--An individual who receives
additional benefits under this section may not transfer any amount of
such additional benefits under section 3319 of this title.
``(f) Maximum Amount of Total Assistance.--The total amount of
benefits paid to all eligible individuals under this section may not
exceed--
``(1) $25,000,000 for fiscal year 2019;
``(2) $75,000,000 for each of fiscal years 2020 through
2022; and
``(3) $100,000,000 for fiscal year 2023 and each subsequent
fiscal year.
``(g) <<NOTE: Deadline.>> Congressional Notice.--If the Secretary
identifies a new subject or field pursuant to subsection
(b)(4)(A)(i)(XI) as meeting a national need, the Secretary shall submit
to Congress notice of such identification at least 90 days before
conferring eligibility on any individual for purposes of this section on
the basis of such identification, including any analysis of labor market
supply and demand used in identifying the new subject or field, as
applicable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC 3301 prec.>> is amended by inserting after
the item relating to section 3319 the following new item:
``3320. Edith Nourse Rogers STEM Scholarship.''.
(c) <<NOTE: 38 USC 3320 note.>> Effective Date.--Section 3320 of
title 38, United States Code, shall take effect on August 1, 2019.
(d) Comptroller General Report.--
(1) Interim report.--Not later than August 1, 2022, the
Comptroller General of the United States shall submit to
Congress a report containing the results of an interim
assessment of the Comptroller General of the Edith Nourse Rogers
STEM Scholarship program under section 3320 of title 38, United
States Code, as added by subsection (a). <<NOTE: Recommenda-
tions.>> Such report shall include the recommendations of the
Comptroller General for improving the scholarship program and an
assessment of each of the following, using rigorous, systematic,
and objective methodology, and including comparisons to eligible
veterans who did not participate in the program:
(A) An explanation of the identification of the
Secretary of Veterans Affairs of subjects and fields
meeting national needs under subsection (b)(4)(A)(i)(XI)
of such section, including any analysis of labor market
supply and demand, as applicable.
(B) <<NOTE: Evaluation.>> An evaluation of the
types of educational institutions and programs where
beneficiaries use the educational assistance provided
under the scholarship program.
(C) The completion rate of students participating in
the program.
[[Page 131 STAT. 984]]
(D) The job placement rate for individuals who
completed a program of education using educational
assistance provided under the scholarship program in the
field of study of the program of education.
(E) The median annual earnings of individuals who
completed a program of education using educational
assistance provided under the scholarship program.
(F) The average age of the individuals who received
educational assistance under the scholarship program.
(G) <<NOTE: Assessment.>> An assessment of the
extent to which any educational institutions made
changes to degrees or programs of education offered by
the institution for which the scholarship program may be
used after the date of the enactment of this Act.
(2) <<NOTE: Assessment. Time periods.>> Final report.--Not
later than August 1, 2024, the Comptroller General shall submit
to Congress an assessment of such scholarship program that
includes each of the following:
(A) Each item described in subparagraph (A) through
(G) of paragraph (1).
(B) The percentage of individuals who completed a
program of education using educational assistance
provided under the scholarship program who were
subsequently employed for a period of 6 months or longer
in the field of study of the program of education.
(C) The percentage of individuals who completed a
program of education using educational assistance
provided under the scholarship program who were
subsequently employed for a period of less than 6 months
in the field of study of the program of education.
SEC. 112. HONORING THE NATIONAL SERVICE OF MEMBERS OF THE ARMED
FORCES BY ELIMINATION OF TIME LIMITATION
FOR USE OF ENTITLEMENT.
(a) In General.--Subsection (a) of section 3321 is amended--
(1) by striking ``individual's entitlement'' and all that
follows through the period and inserting ``individual's
entitlement--''; and
(2) by adding at the end the following new paragraphs:
``(1) <<NOTE: Time period.>> in the case of an individual
whose last discharge or release from active duty is before
January, 1, 2013, expires at the end of the 15-year period
beginning on the date of such discharge or release; or
``(2) in the case of an individual whose last discharge or
release from active duty is on or after January 1, 2013, shall
not expire.''.
(b) Children of Deceased Members.--Subsection (b)(4) of such section
is amended--
(1) by inserting ``of this title'' after ``3311(b)(9)'';
(2) by striking ``child's entitlement'' and all that follows
through the period and inserting ``child's entitlement--''; and
(3) by adding at the end the following new subparagraphs:
``(A) <<NOTE: Time period.>> in the case of a child
who first becomes entitled to such entitlement before
January 1, 2013, expires at the end of the 15-year
period beginning on the date of such child's eighteenth
birthday; or
[[Page 131 STAT. 985]]
``(B) in the case of a child who first becomes
entitled to such entitlement on or after January 1,
2013, shall not expire.''.
(c) Spouses of Deceased Members.--Subsection (b) of such section is
further amended by adding at the end the following new paragraph:
``(5) Applicability to spouses of deceased members.--The
period during which a spouse entitled to educational assistance
by reason of section 3311(b)(9) may use such spouse's
entitlement--
``(A) <<NOTE: Time period.>> in the case of a
spouse who first becomes entitled to such entitlement
before January 1, 2013, expires at the end of the 15-
year period beginning on the date on which the spouse
first becomes entitled to such entitlement; or
``(B) in the case of a spouse who first becomes
entitled to such entitlement on or after January 1,
2013, shall not expire.''.
SEC. 113. MONTHLY STIPEND FOR CERTAIN MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES RECEIVING
POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3313 is further amended by adding at the
end the following new subsection:
``(j) Determination of Monthly Stipends During Certain Active Duty
Service.--
``(1) Pro rata basis.--In any month in which an individual
described in paragraph (2) is performing active duty service
described in section 3301(1)(B) of this title, the Secretary
shall determine the amount of monthly stipends payable under
this section for such month on a pro rata basis for the period
of such month in which the covered individual is not performing
such active duty service.
``(2) Individual described.--An individual described in this
paragraph is an individual who is--
``(A) a member of the reserve components of the
Armed Forces; and
``(B) pursuing a program of education using
educational assistance under this chapter.''.
(b) <<NOTE: Effective date. 38 USC 3313 note.>> Application.--The
amendment made by subsection (a) shall apply with respect to a quarter,
semester, or term, as applicable, commencing on or after August 1, 2018.
SEC. 114. ANNUAL REPORTS TO CONGRESS ON INFORMATION ON STUDENT
PROGRESS SUBMITTED BY EDUCATIONAL
INSTITUTIONS.
Section 3326 is amended--
(1) by striking ``As a condition'' and inserting ``(a)
Submittal of Information by Educational Institutions.--As a
condition''; and
(2) by adding at the end the following new subsection:
``(b) Reports to Congress.--Not later than March 1 of each year, the
Secretary shall submit to Congress a report that includes a summary of
the information provided by educational institutions under subsection
(a) for the calendar year preceding the year during which such report is
submitted.''.
[[Page 131 STAT. 986]]
SEC. 115. <<NOTE: 38 USC 3301 note.>> IMPROVEMENT OF INFORMATION
TECHNOLOGY OF THE VETERANS BENEFITS
ADMINISTRATION OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Processing of Certain Educational Assistance Claims.--The
Secretary of Veterans Affairs shall, to the maximum extent possible,
make such changes and improvements to the information technology system
of the Veterans Benefits Administration of the Department of Veterans
Affairs to ensure that--
(1) to the maximum extent possible, all original and
supplemental claims for educational assistance under chapter 33
of title 38, United States Code, are adjudicated electronically;
and
(2) rules-based processing is used to make decisions with
respect to such claims with little human intervention.
(b) <<NOTE: Deadline.>> Implementation Plan.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to Congress a plan to implement the
changes and improvements described in subsection (a).
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to Congress
a report on the implementation of the changes and improvements described
in subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $30,000,000 to carry
out this section during fiscal years 2018 and 2019.
SEC. 116. <<NOTE: 38 USC 3001 note.>> DEPARTMENT OF VETERANS
AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM.
(a) Pilot Program.--The Secretary of Veterans Affairs shall carry
out a pilot program under which the Secretary shall provide eligible
veterans with the opportunity to enroll in high technology programs of
education that the Secretary determines provide training or skills
sought by employers in a relevant field or industry.
(b) Eligibility.--For purposes of the pilot program under this
section, an eligible veteran is a veteran who is entitled to educational
assistance under chapter 30, 32, 33, 34, or 35 of title 38, United
States Code, or chapter 1606 or 1607 of title 10, United States Code.
(c) Contracts.--
(1) <<NOTE: Deadline.>> In general.--For purposes of
carrying out subsection (a), by not later than 180 days after
August 1, 2018, the Secretary shall seek to enter into contracts
with any number of qualified providers of high technology
programs of education for the provision of such programs to
eligible veterans under the pilot
program. <<NOTE: Procedures.>> Each such contract shall provide
for the conditions under which the Secretary may terminate the
contract with the provider and the procedures for providing for
the completion of the instruction of students who were enrolled
in a program provided by such provider in the case of such a
termination.
(2) Payment of contractors.--A contract under this
subsection shall provide that the Secretary shall pay to a
provider--
(A) upon the enrollment of an eligible veteran in
the program, 25 percent of the cost of the tuition and
other fees for the program of education for the veteran;
[[Page 131 STAT. 987]]
(B) upon the completion of the program by the
veteran, 25 percent of such cost; and
(C) upon the employment of the veteran in the field
of study of the program following completion of the
program, 50 percent of such cost.
(3) Qualified providers.--For purposes of the pilot program,
a provider of a high technology program of education is
qualified if--
(A) the provider has been operational for at least 2
years;
(B) the provider has successfully provided the high
technology program for at least 1 year; and
(C) the provider meets the approval criteria
developed by the Secretary under paragraph (4).
(4) Approval criteria.--The Secretary shall develop criteria
for approving providers for purposes of the pilot program. In
developing such criteria, the Secretary may consult with State
approving agencies. Such criteria is not required to meet the
requirements of section 3672 of title 38, United States Code.
(5) Tuition reimbursement.--In entering into contracts to
carry out the pilot program, the Secretary shall give preference
to a qualified provider that offers tuition reimbursement for
any student who--
(A) completes a program of education offered by the
provider; and
(B) <<NOTE: Time period. Effective date.>> does not
find full-time meaningful employment in the field of
study of the program within the 180-day period beginning
on the date the student completes the program.
(d) <<NOTE: Payments.>> Housing Stipend.--The Secretary shall pay
to each eligible veteran who is enrolled in a high technology program of
education under the pilot program on a full-time basis a monthly housing
stipend equal to the product--
(1) of--
(A) in the case of a veteran pursuing resident
training, the monthly amount of the basic allowance for
housing payable under section 403 of title 37, United
States Code, 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 institution at which the
individual is enrolled; or
(B) in the case of a veteran pursuing a program of
education through distance learning, a monthly amount
equal to 50 percent of the amount payable under
subparagraph (A), multiplied by
(2) the lesser of--
(A) 1.0; or
(B) 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.
(e) High Technology Program of Education Defined.--In this section,
the term ``high technology program of education'' means a program of
education that--
(1) is offered by an entity other than an institution of
higher learning;
[[Page 131 STAT. 988]]
(2) does not lead to a degree; and
(3) provides instruction in computer programming, computer
software, media application, data processing, or information
sciences.
(f) Reports.--
(1) Secretary of veterans affairs.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report on
the pilot program under this section.
(2) Comptroller general.--
(A) <<NOTE: Assessment.>> Interim report.--Not
later than 3 years after the date on which the Secretary
first enters into a contract under this section, the
Comptroller General of the United States shall submit to
Congress a report containing the results of the interim
assessment of the Comptroller General. Such
report <<NOTE: Recommenda- tions.>> shall include the
recommendations of the Comptroller General for improving
the pilot program and an assessment of each of the
following:
(i) The technology experience of the directors
and instructors of the providers of high
technology programs of education under the pilot
program.
(ii) Whether the providers cooperated with the
technology industry to create the curriculum for
the program of education.
(iii) Whether the providers use an open source
curriculum for the program of education.
(iv) The admittance rate into the pilot
program.
(v) The job placement and retention rate for
veterans who completed a program of education
under the pilot program in the field of study of
the program.
(vi) The percentage of veterans who completed
a program of education under the pilot program who
were subsequently employed for a period of 6
months or longer in a field of study of the
program.
(vii) The percentage of veterans who completed
a program of education under the pilot program who
were subsequently employed for a period of less
than 6 months in a field of study of the program.
(viii) The median annual salary of veterans
who completed a program of education under the
pilot program and were subsequently employed.
(ix) As applicable, the transfer rates to
other academic or vocational programs and
certifications and licensure exam passage rates.
(x) The average age of veterans who
participated in the pilot program.
(B) Final report.--Not later than 5 years after the
date on which the Secretary first enters into a contract
under this section, the Comptroller General shall submit
to Congress a final report on the
pilot <<NOTE: Recommenda- tion.>> program. Such report
shall include the recommendation of the Comptroller
General with respect to whether the program should be
extended and an assessment of each item described in
clauses (i) through (x) of subparagraph (A).
(g) Authorization of Appropriations.--For each fiscal year during
which the Secretary carries out a pilot program under this section,
$15,000,000 shall be made available for such purpose from
[[Page 131 STAT. 989]]
funds appropriated to, or otherwise made available to, the Department
for the payment of readjustment benefits.
(h) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is 5 years after the date
on which the Secretary first enters into a contract under this section.
TITLE II--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
SEC. 201. WORK-STUDY ALLOWANCE.
Section 3485(a)(4) is amended by striking ``the period beginning on
June 30, 2017, and ending on June 30, 2022,'' each place it appears and
inserting ``any time on or after June 30, 2017,''.
SEC. 202. DURATION OF EDUCATIONAL ASSISTANCE UNDER SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE
PROGRAM.
Section 3511(a)(1) is amended--
(1) by striking ``chapter for'' and all that follows through
the period and inserting ``chapter--''; and
(2) by adding at the end the following new subparagraphs:
``(A) in the case of a person who first enrolls in a program
of education using such entitlement before August 1, 2018, for
an aggregate period not in excess of 45 months (or to the
equivalent thereof in part-time training); or
``(B) in the case of a person who first enrolls in a program
of education using such entitlement on or after August 1, 2018,
for an aggregate period not in excess of 36 months (or to the
equivalent thereof in part-time training).''.
SEC. 203. OLIN E. TEAGUE INCREASE IN AMOUNTS OF EDUCATIONAL
ASSISTANCE PAYABLE UNDER SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE
PROGRAM.
(a) Increase.--Section 3532 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``$788'' and inserting
``$1,224'';
(ii) by striking ``$592'' and inserting
``$967''; and
(iii) by striking ``$394'' and inserting
``$710''; and
(B) in paragraph (2)(B), by striking ``$788'' and
inserting ``$1,224''; and
(2) in subsection (b), by striking ``$788'' and inserting
``$1,224''.
(b) <<NOTE: 38 USC 3532 note.>> Effective Date.--The amendments
made by subsection (a) shall apply with respect to a month that begins
on or after October 1, 2018.
TITLE III--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
SEC. 301. STATE APPROVING AGENCY FUNDING.
(a) Increase.--Section 3674(a) of title 38, United States Code, is
amended--
[[Page 131 STAT. 990]]
(1) in paragraph (2)(A), by striking ``out of amounts
available for the payment of readjustment benefits'' and
inserting ``out of amounts in the Department of Veterans Affairs
readjustment benefits account and amounts appropriated to the
Secretary'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) In addition to amounts made available under paragraph (5),
there is authorized to be appropriated to carry out this section
$3,000,000 for fiscal year 2019 and each subsequent fiscal year.''; and
(4) in paragraph (5), as so redesignated--
(A) by striking ``The total'' and inserting ``(A)
The total'';
(B) by striking ``for any fiscal year shall be
$19,000,000'' and inserting ``for fiscal year 2018 shall
be $21,000,000 and for fiscal year 2019 and thereafter
shall be $23,000,000''; and
(C) by adding at the end the following new
subparagraph:
``(B) <<NOTE: Effective date.>> Beginning in fiscal year 2019,
whenever there is an increase in benefit amounts payable under title II
of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a
determination made under section 215(i) of such Act (42 U.S.C. 415(i)),
the Secretary shall, effective on the date of such increase in benefit
amounts, increase the amount in effect under subparagraph (A), as in
effect immediately prior to the date of such increase in benefit amounts
payable under title II of the Social Security Act, by the same
percentage as the percentage by which such benefit amounts are
increased.''.
SEC. 302. AUTHORIZATION FOR USE OF POST-9/11 EDUCATIONAL
ASSISTANCE TO PURSUE INDEPENDENT STUDY
PROGRAMS AT CERTAIN EDUCATIONAL
INSTITUTIONS THAT ARE NOT INSTITUTIONS OF
HIGHER LEARNING.
Section 3680A is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``in--'' and inserting ``in any of the
following:'';
(B) in paragraph (1)--
(i) by striking ``any'' and inserting ``Any'';
and
(ii) by striking the semicolon at the end and
inserting a period;
(C) in paragraph (2)--
(i) by striking ``any'' and inserting ``Any'';
and
(ii) by striking the semicolon at the end and
inserting a period;
(D) in paragraph (3)--
(i) by striking ``any'' and inserting ``Any'';
and
(ii) by striking ``; or'' and inserting a
period; and
(E) by striking paragraph (4) and inserting the
following new paragraph (4):
``(4) Any independent study program except an independent
study program (including such a program taken over open circuit
television) that--
[[Page 131 STAT. 991]]
``(A) is accredited by an accrediting agency or
association recognized by the Secretary of Education
under subpart 2 of part H of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1099b);
``(B) leads to--
``(i) a standard college degree;
``(ii) a certificate that reflects educational
attainment offered by an institution of higher
learning; or
``(iii) a certificate that reflects completion
of a course of study offered by--
``(I) an area career and technical
education school (as defined in
subparagraphs (C) and (D) of section
3(3) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20
U.S.C. 2302(3))) that provides education
at the postsecondary level; or
``(II) a postsecondary vocational
institution (as defined in section
102(c) of the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that provides
education at the postsecondary level;
and
``(C) in the case of a program described in
subparagraph (B)(iii)--
``(i) provides training aligned with the
requirements of employers in the State or local
area where the program is located, which may
include in-demand industry sectors or occupations;
and
``(ii) provides a student, upon completion of
the program, with a recognized postsecondary
credential that is recognized by employers in the
relevant industry, which may include a credential
recognized by industry or sector partnerships in
the State or local area where the industry is
located; and
``(iii) meets such content and instructional
standards as may be required to comply with the
criteria under section 3676(c)(14) and(15) of this
title.''; and
(2) by adding at the end the following new subsection:
``(h) <<NOTE: Definitions.>> In this section, the terms `State or
local area', `recognized postsecondary credential', `industry or sector
partnership', and `in-demand industry sector or occupation' have the
meaning given such terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).''.
SEC. 303. PROVISION OF INFORMATION ON PRIORITY ENROLLMENT FOR
VETERANS IN CERTAIN COURSES OF EDUCATION.
Section 3698(c)(1)(C) is amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new clause:
``(xi) information on whether the institution
administers a priority enrollment system that allows
certain student veterans to enroll in courses earlier
than other students.''.
[[Page 131 STAT. 992]]
SEC. 304. LIMITATION ON USE OF REPORTING FEES PAYABLE TO
EDUCATIONAL INSTITUTIONS AND SPONSORS OF
PROGRAMS OF APPRENTICESHIP.
(a) In General.--Subsection (c) of section 3684 is amended to read
as follows:
``(c)(1) The Secretary may pay to any educational institution, or to
the sponsor of a program of apprenticeship, furnishing education or
training under either this chapter or chapter 31, 34, or 35 of this
title, a reporting fee which will be in lieu of any other compensation
or reimbursement for reports or certifications which such educational
institution or sponsor of a program of apprenticeship is required to
submit to the Secretary by law or regulation.
``(2) Such reporting fee shall be computed for each calendar year by
multiplying $16 by the number of eligible veterans or eligible persons
enrolled under this chapter or chapter 31, 34, or 35 of this title. The
reporting fee shall be paid to such educational institution or sponsor
of a program of apprenticeship as soon as feasible after the end of the
calendar year for which it is applicable.
``(3) No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary against any
liability of such institution for any overpayment for which such
institution may be administratively determined to be liable under
section 3685 of this title unless such liability is not contested by
such institution or has been upheld by a final decree of a court of
appropriate jurisdiction.
``(4) Any reporting fee paid to an educational institution or
sponsor of a program of apprenticeship after the date of the enactment
of the Post-9/11 Veterans Educational Assistance Improvements Act of
2011 (Public Law 111-377)--
``(A) shall be utilized by such institution or sponsor
solely for the making of certifications required under this
chapter or chapter 31, 34, or 35 of this title or for otherwise
supporting programs for veterans; and
``(B) with respect to an institution that has 100 or more
enrollees described in paragraph (2) may not be used for or
merged with amounts available for the general fund of the
educational institution or sponsor of a program of
apprenticeship.
``(5) The reporting fee payable under this subsection shall be paid
from amounts appropriated for readjustment benefits.''.
(b) <<NOTE: 38 USC 3684 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on August 1, 2018.
SEC. 305. <<NOTE: 38 USC 3684 note. Consultation.>> TRAINING FOR
SCHOOL CERTIFYING OFFICIALS.
(a) Training Requirement.--The Secretary of Veterans Affairs shall,
in consultation with the State approving agencies, set forth
requirements relating to training for school certifying officials
employed by covered educational institutions offering courses of
education approved under chapter 36 of title 38, United States Code. If
a covered educational institution does not ensure that a school
certifying official employed by the educational institution meets such
requirements, the Secretary may disapprove any course of education
offered by such educational institution.
(b) Definitions.--In this section:
[[Page 131 STAT. 993]]
(1) The term ``covered educational institution'' means an
educational institution that has enrolled 20 or more individuals
using educational assistance under title 38, United States Code.
(2) The term ``school certifying official'' means an
employee of an educational institution with primary
responsibility for certifying veteran enrollment at the
educational institution.
(3) The term ``State approving agency'' means a department
or agency of a State designated under section 3671 of title 38,
United States Code.
(c) Effective Date.--This section shall take effect on August 1,
2018.
SEC. 306. EXTENSION OF AUTHORITY FOR ADVISORY COMMITTEE ON
EDUCATION.
Section 3692 is amended by striking ``December 31, 2017'' and
inserting ``December 31, 2022''.
SEC. 307. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ON-CAMPUS
EDUCATIONAL AND VOCATIONAL COUNSELING FOR
VETERANS.
(a) In General.--Chapter 36 is amended by inserting after section
3697A the following new section:
``Sec. 3697B. <<NOTE: 38 USC 3697B note.>> On-campus educational
and vocational counseling
``(a) In General.--The Secretary shall provide educational and
vocational counseling services for individuals described in section
3697A(b) of this title at locations on the campuses of institutions of
higher learning selected by the Secretary. Such counseling services
shall be provided by employees of the Department who provide such
services under section 3697A of this title.
``(b) Selection of Locations.--(1) To be selected by the Secretary
under this section, an institution of higher learning shall provide an
appropriate space on the campus of the institution where counseling
services can be provided under this section.
``(2) In selecting locations for the provision of counseling
services under this section, the Secretary shall seek to select
locations where the maximum number of veterans would have access to such
services.
``(c) Annual Report.--Not later than 180 days after the date of the
enactment of this section, and each year thereafter, the Secretary shall
submit to Congress a report on the counseling services provided under
this section. Such report shall include, for the year covered by the
report--
``(1) the average ratio of counselors providing such
services to individuals who received such services at each
location where such services were provided;
``(2) a description of such services provided;
``(3) <<NOTE: Recommenda- tions.>> the recommendations of
the Secretary for improving the provision of such services; and
``(4) any other matters the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC 3670 prec.>> is amended by inserting after
the item relating to section 3697A the following new item:
``3697B. On-campus educational and vocational counseling.''.
[[Page 131 STAT. 994]]
SEC. 308. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT
TO EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 is further amended by
adding at the end the following new section:
``Sec. 3699A. <<NOTE: 38 USC 3699A.>> Provision of certain
information to educational institutions
``(a) In General.--For each veteran or other individual pursuing a
course of education that has been approved under this chapter using
educational assistance to which the veteran or other individual is
entitled under chapter 30, 32, 33, or 35 of this title, the Secretary
shall make available to the educational institution offering the course
information about the amount of such educational assistance to which the
veteran or other individual is entitled. Such information shall be
provided to such educational institution through a secure information
technology system accessible by the educational institution and shall be
regularly updated to reflect any amounts used by the veteran or other
individual.
``(b) Election.--A veteran or other individual pursuing a course of
education described in subsection (a) may elect not to provide the
information described in such subsection to an educational institution
in a manner prescribed by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC 3670 prec.>> is further amended by
inserting after the item relating to section 3699 the following new
item:
``3699A. Provision of certain information to educational
institutions.''.
(c) <<NOTE: 38 USC 3699A note.>> Effective Date.--Section 3699A of
title 38, United States Code, as added by this section, shall take
effect on August 1, 2018.
SEC. 309. TREATMENT, FOR PURPOSES OF EDUCATIONAL ASSISTANCE
ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS, OF EDUCATIONAL COURSES THAT BEGIN
SEVEN OR FEWER DAYS AFTER THE FIRST DAY OF
AN ACADEMIC TERM.
Section 3684(a) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) A course offered by an educational institution that does not
begin on the first day of an academic term, but does begin seven or
fewer days after such day, shall be treated as beginning on such day for
purposes of this section.''.
SEC. 310. INCLUSION OF RISK-BASED SURVEYS IN STATE APPROVING
AGENCY OVERSIGHT ACTIVITIES.
Section 3673(d) is amended--
(1) in the subsection heading, by striking ``Compliance
and'' ;
(2) by striking ``such compliance and oversight'' and
inserting ``conducting risk-based surveys and other such
oversight''; and
(3) by inserting ``, in consultation with the State
approving agencies,'' after ``as the Secretary''.
[[Page 131 STAT. 995]]
SEC. 311. COMPTROLLER GENERAL STUDY OF STATE APPROVING AGENCY
PERFORMANCE.
(a) Study Required.--The Comptroller General of the United States
shall carry out a study on the performance of State approving agencies.
Such study shall include each of the following:
(1) <<NOTE: Analysis.>> An analysis of the effectiveness of
the cooperation between the Secretary of Veterans Affairs and
State approving agencies regarding the execution of shared
compliance and oversight responsibilities under chapter 36 of
title 38, United States Code.
(2) <<NOTE: Analysis.>> An analysis of the resources
necessary for State approving agencies to fulfill the
responsibilities of such agencies under such title, including an
analysis of whether Congress has appropriated sufficient funds
for State approving agencies to fulfill such responsibilities
and the historic effect of funding on the ability of such
agencies to fulfill such responsibilities.
(3) <<NOTE: Evaluation.>> An evaluation of the use by State
approving agencies of risk-based methods of review for
identifying violations of established standards under such
chapter.
(4) <<NOTE: Examination.>> An examination of how State
approving agencies use risk factors, including rapid increases
in veteran enrollment, increases in the amount of benefits per
capita, volume of student complaints, rates of Federal student
loan defaults of veterans, veteran completion rates,
deficiencies identified by accreditors and other State agencies,
and deficiencies in Department of Veterans Affairs program
administration compliance, in their oversight and compliance
responsibilities and in selecting educational institutions for
review of eligibility.
(5) <<NOTE: Recommenda- tion.>> Recommendations on how the
Secretary and State approving agencies can better use data to
evaluate, approve, or disapprove educational institutions under
such chapter.
(b) Report to Congress.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the
Senate, and the Committee on Veterans' Affairs of the House of
Representatives, a report on the study required under subsection (a) and
the findings and recommendations of the Comptroller General with respect
to such study.
TITLE IV--RESERVE COMPONENT BENEFITS
SEC. 401. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR POST-9/11
EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3301(1)(B) is amended by striking ``or
12304'' and inserting ``12304, 12304a, or 12304b''.
(b) <<NOTE: 38 USC 3301 note.>> Retroactive Application.--The
amendment made by subsection (a) shall apply with respect to service in
the Armed Forces occurring on or after the date of the enactment of the
Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-
252).
(c) <<NOTE: Effective date. 38 USC 3301 note.>> Application With
Respect to Use of Entitlement.--An individual who is entitled to
educational assistance by reason of the amendment made by subsection (a)
may use such entitlement
[[Page 131 STAT. 996]]
to pursue a course of education beginning on or after August 1, 2018.
SEC. 402. TIME LIMITATION FOR TRAINING AND REHABILITATION FOR
VETERANS WITH SERVICE-CONNECTED
DISABILITIES.
Section 3103(f) is amended by striking ``or 12304'' and inserting
``12304, 12304a, or 12304b''.
TITLE V--OTHER MATTERS
SEC. 501. REPEAL INAPPLICABILITY OF MODIFICATION OF BASIC
ALLOWANCE FOR HOUSING TO BENEFITS UNDER
LAWS ADMINISTERED BY SECRETARY OF VETERANS
AFFAIRS.
(a) Repeal.--Subsection (b) of section 604 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 37 U.S.C. 403 note) is repealed.
(b) <<NOTE: 37 USC 403 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 2018, and shall apply
with respect to individuals who first use their entitlement to
educational assistance under chapter 33 of title 38, United States Code,
on or after such date.
SEC. 502. RECONSIDERATION OF PREVIOUSLY DENIED CLAIMS FOR
DISABILITY COMPENSATION FOR VETERANS WHO
ALLEGE FULL-BODY EXPOSURE TO NITROGEN
MUSTARD GAS, SULFUR MUSTARD GAS, OR
LEWISITE DURING WORLD WAR II.
(a) In General.--
(1) <<NOTE: Determination.>> Reconsideration required.--The
Secretary of Veterans Affairs shall reconsider all claims for
compensation described in paragraph (2) and make a new
determination regarding each such claim.
(2) Claims for compensation described.--A claim for
compensation described in this paragraph is a claim for
compensation under chapter 11 of title 38, United States Code,
that the Secretary determines--
(A) arose from the alleged full-body exposure of a
veteran to a covered substance--
(i) during active military, naval, or air
service during World War II; and
(ii) at a site listed in paragraph (3); and
(B) was denied before the date of the enactment of
this Act.
(3) Sites.--The sites listed in this paragraph are the
following:
(A) Camp Siebert, Alabama.
(B) Fort McClellan, Alabama.
(C) Huntsville Arsenal, Alabama.
(D) Rocky Mountain Arsenal, Colorado.
(E) Naval Research Laboratory, D.C.
(F) Bushnell Field, Florida.
(G) Great Lakes Naval Training Center, Illinois.
(H) Edgewood Arsenal, Maryland.
(I) Fort Detrick, Maryland.
(J) Naval Research Laboratory, Maryland.
(K) Naval Training Center, Bainbridge, Maryland.
[[Page 131 STAT. 997]]
(L) Horn Island Installation, Mississippi.
(M) Camp Crowder, Missouri.
(N) Hart's Island, New York.
(O) Camp Lejeune, North Carolina.
(P) Charleston, South Carolina.
(Q) Dugway Proving Ground, Utah.
(R) Toole Army Depot, Utah.
(S) Naval Research Laboratory, Virginia.
(T) U.S.S. Eagle Boat No. 58.
(U) Ondal, India.
(V) Fort Clayton, San Jose Island, Panama.
(W) Any site the Secretary of Veterans Affairs
determines is appropriate.
(4) Factors of consideration.--In making a determination
under paragraph (1), the Secretary--
(A) shall consider--
(i) that contemporaneous records of testing of
full-body exposure to a covered substance
frequently may be unavailable because such tests
were classified or such records were lost or
destroyed;
(ii) that many veterans were sworn to secrecy
following testing described in clause (i);
(iii) each statement based on personal
knowledge of a veteran who served at a site listed
in paragraph (3);
(iv) information in the report from the
Secretary of Defense under subsection (b)(2); and
(v) any evidence the Secretary considers
relevant; and
(B) may not determine that testing of full-body
exposure to a covered substance did not occur at a site
based solely on--
(i) information contained in the Department of
Defense and Department of Veterans Affairs
Chemical Biological Warfare Database; or
(ii) any list of known sites of testing of
full-body exposure to a covered substance
maintained by the Department of Veterans Affairs
or the Department of Defense.
(5) <<NOTE: Determination.>> Presumption of exposure.--In
carrying out paragraph (1), when the Secretary of Veterans
Affairs makes a determination regarding whether a veteran
experienced full-body exposure to a covered substance, the
Secretary--
(A) shall presume, unless there is affirmative
evidence to establish otherwise, that the veteran
experienced such exposure by reason of the service of
the veteran in World War II--
(i) based on the locations listed in paragraph
(3); and
(ii) consistent with the places, types, and
circumstances of service of the veteran in
accordance with section 1154 of title 38; and
(B) shall resolve each reasonable doubt in favor of
the veteran.
(6) Effective date of award.--The effective date of any
award of disability compensation resulting from reconsideration
of a claim under paragraph (1) shall be fixed in accordance
[[Page 131 STAT. 998]]
with the facts found, but shall not be earlier than the date of
the receipt of the claim for compensation described in paragraph
(2).
(b) Investigation and Report by the Secretary of Defense.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall--
(1) investigate and assess each site--
(A) where the Army Corps of Engineers has uncovered
evidence of testing conducted by the Department of
Defense during World War II to assess the effects of
full-body exposure to a covered substance on humans; or
(B) with regards to which more than two veterans
have been denied claims for compensation under chapter
11 of title 38, United States Code, in connection with
exposure to a covered substance at such site; and
(2) submit to the appropriate congressional committees and
the Secretary of Veterans Affairs a report on testing described
in paragraph (1)(A), including--
(A) <<NOTE: Lists.>> a list of each location where
such testing occurred, including locations investigated
and assessed under paragraph (1);
(B) the dates of each such testing; and
(C) the number of members of the Armed Forces who
experienced full-body exposure to a covered substance in
each such testing.
(c) Investigation and Report by Secretary of Veterans Affairs.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall--
(1) investigate and assess--
(A) the actions taken by the Secretary to contact
individuals who experienced full-body exposure to a
covered substance in the course of testing described in
subsection (b)(1)(A);
(B) the number of claims filed with the Secretary
for disability compensation under chapter 11 of title
38, United States Code, arising from testing described
in subsection (b)(1)(A); and
(C) the percentage of claims described in
subparagraph (B) that the Secretary denied.
(2) submit to the appropriate congressional committees and
the Secretary of Defense a report regarding the investigations
and assessments carried out under paragraph (1).
(d) Definitions.--In this section:
(1) The terms ``active military, naval, or air service'',
``veteran'', and ``World War II'' have the meanings given such
terms in section 101 of title 38, United States Code.
(2) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House of
Representatives and the Senate; and
(B) the Committees on Veterans' Affairs of the House
of Representatives and the Senate.
(3) The term ``covered substance'' means--
(A) nitrogen mustard gas;
(B) sulfur mustard gas; or
(C) Lewisite.
[[Page 131 STAT. 999]]
(4) The term ``full-body exposure'', with respect to a
covered substance, has the meaning given that term by the
Secretary of Defense.
Approved August 16, 2017.
LEGISLATIVE HISTORY--H.R. 3218 (S. 1598):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 115-247, Pt. 1 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 163 (2017):
July 24, considered and passed House.
Aug. 2, considered and passed Senate.
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