H.R. 3218 — what changed

removed “(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.”

added “(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.”

removed “(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.”

removed “3699. Effects of closure or disapproval of educational institution

removed “(a) Closure or disapproval—Any payment of educational assistance described in subsection (b) shall not—

removed “(1) be charged against any entitlement to educational assistance of the individual concerned; or

removed “(2) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

removed “(b) 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 institution under chapters 30, 32, 33, or 35 of this title, or chapters 1606 or 1607 of title 10, if the Secretary determines that the individual—

removed “(1) was forced to discontinue the pursuit of such course or program as a result of—

removed “(A) the permanent closure of the educational institution; or

removed “(B) the disapproval of the course or a course that is a necessary part of that program under this chapter by reason of—

removed “(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

removed “(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

removed “(2) did not receive credit or lost training time, toward completion of the program of education being so pursued.

removed “(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—

removed “(1) the portion of the period of enrollment in the course from which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2), and

removed “(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.

removed “(d) Continuing pursuit of disapproved courses

removed “(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—

removed “(A) such disapproval is the result of an action described in clause (i) or (ii) of subsection (b)(1)(B); and

removed “(B) continuing pursuing such course is in the best interest of the individual.

removed “(2) An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapters 30, 32, 33, or 35 of this title, or chapters 1606 or 1607 of title 10, as of the date on which the course is disapproved under this chapter.”

removed “(2) 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)—

removed “(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 four weeks; or

removed “(B) 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—

removed “(i) the date of the end of the term, quarter, or semester during which the closure or disapproval occurred; and

removed “(ii) the date that is 120 days after the date of the closure or disapproval.”

added “(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.”

added “3699. Effects of closure or disapproval of educational institution

added “(a) Closure or disapproval—Any payment of educational assistance described in subsection (b) shall not—

added “(1) be charged against any entitlement to educational assistance of the individual concerned; or

added “(2) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.

added “(b) 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 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—

added “(1) was unable to complete such course or program as a result of—

added “(A) the closure of the educational institution; or

added “(B) the disapproval of the course or a course that is a necessary part of that program under this chapter by reason of—

added “(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

added “(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

added “(2) did not receive credit or lost training time, toward completion of the program of education being so pursued.

added “(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—

added “(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

added “(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title.

added “(d) Continuing pursuit of disapproved courses

added “(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—

added “(A) such disapproval is the result of an action described in clause (i) or (ii) of subsection (b)(1)(B); and

added “(B) continuing pursuing such course is in the best interest of the individual.

added “(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.

added “(e) 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—

added “(1) such closure and the date of such closure; and

added “(2) the effect of such closure on the individual’s entitlement to educational assistance pursuant to this section.”

removed “(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.

removed “(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.”

added “(2) 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)—

added “(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

added “(B) 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—

added “(i) the date of the end of the term, quarter, or semester during which the closure or disapproval occurred; and

added “(ii) the date that is 120 days after the date of the closure or disapproval.”

added “(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.

added “(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.”

removed “3320. Edith Nourse Rogers STEM Scholarship

removed “(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”.

removed “(b) Eligibility—For purposes of this section, an eligible individual is an individual—

removed “(1) who is or was entitled to educational assistance under section 3311 of this title;

removed “(2) 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;

removed “(3) who applies for assistance under this section; and

removed “(4) who—

removed “(A) is an individual who—

removed “(i) is enrolled in a program of education leading to a post-secondary degree that requires more than the standard 128 semester (or 192 quarter) credit hours for completion in—

removed “(I) biological or biomedical science;

removed “(II) physical science;

removed “(III) science technologies or technicians;

removed “(IV) computer and information science and support services;

removed “(V) mathematics or statistics;

removed “(VI) engineering;

removed “(VII) engineering technologies or an engineering-related field;

removed “(VIII) a health profession or related program;

removed “(IX) a medical residency program; or

removed “(X) an agriculture science program or a natural resources science program; and

removed “(ii) has completed at least 60 standard semester (or 90 quarter) credit hours in a field referred to in clause (i); or

removed “(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.

removed “(c) Priority—In selecting eligible individuals to receive additional benefits under this section, the Secretary shall give priority to the following individuals:

removed “(1) Individuals who require the most credit hours described in subsection (b)(4).

removed “(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.

removed “(d) Amount of assistance

removed “(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 nine months of the program of education in which the individual is enrolled (adjusted with respect to the 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.

removed “(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.

removed “(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.

removed “(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.

removed “(f) Maximum amount of total assistance—The total amount of benefits paid to all eligible individuals under this section may not exceed—

removed “(1) $25,000,000 for fiscal year 2019;

removed “(2) $75,000,000 for each of fiscal years 2020 through 2022; and

removed “(3) $100,000,000 for fiscal year 2023 and each subsequent fiscal year.”

removed “(1) in the case of an individual 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 individual’s last discharge or release from active duty; or

removed “(2) in the case of an individual who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.”

added “3320. Edith Nourse Rogers STEM Scholarship

added “(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”.

added “(b) Eligibility—For purposes of this section, an eligible individual is an individual—

added “(1) who is or was entitled to educational assistance under section 3311 of this title;

added “(2) 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;

added “(3) who applies for assistance under this section; and

added “(4) who—

added “(A) is an individual who—

added “(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—

added “(I) biological or biomedical science;

added “(II) physical science;

added “(III) science technologies or technicians;

added “(IV) computer and information science and support services;

added “(V) mathematics or statistics;

added “(VI) engineering;

added “(VII) engineering technologies or an engineering-related field;

added “(VIII) a health profession or related program;

added “(IX) a medical residency program;

added “(X) an agriculture science program or a natural resources science program; or

added “(XI) other subjects and fields identified by the Secretary as meeting national needs;

added “(ii) has completed at least 60 standard semester (or 90 quarter) credit hours in a field referred to in clause (i); or

added “(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.

added “(c) Priority—In selecting eligible individuals to receive additional benefits under this section, the Secretary shall give priority to the following individuals:

added “(1) Individuals who require the most credit hours described in subsection (b)(4).

added “(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.

added “(d) Amount of assistance

added “(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 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.

added “(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.

added “(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.

added “(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.

added “(f) Maximum amount of total assistance—The total amount of benefits paid to all eligible individuals under this section may not exceed—

added “(1) $25,000,000 for fiscal year 2019;

added “(2) $75,000,000 for each of fiscal years 2020 through 2022; and

added “(3) $100,000,000 for fiscal year 2023 and each subsequent fiscal year.

added “(g) 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.”

removed “(A) 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

removed “(B) in the case of a child who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.”

added “(1) 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

added “(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.”

removed “(j) Determination of monthly stipends during certain active duty service

removed “(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.

removed “(2) Individual described—An individual described in this paragraph is an individual who is—

removed “(A) a member of the reserve components of the Armed Forces; and

removed “(B) pursuing a program of education using educational assistance under this chapter.”

added “(A) 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

added “(B) in the case of a child who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.”

added “(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—

added “(A) 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

added “(B) in the case of a spouse who first becomes entitled to such entitlement on or after January 1, 2013, shall not expire.”

added “(j) Determination of monthly stipends during certain active duty service

added “(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.

added “(2) Individual described—An individual described in this paragraph is an individual who is—

added “(A) a member of the reserve components of the Armed Forces; and

added “(B) pursuing a program of education using educational assistance under this chapter.”

added Section 3326 is amended—

added “(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.”

removed Section 3326 is amended—

removed “(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.”

changed Paragraph (4) of section 3680A(a) Section 3680A is amended to read as follows:amended—

added “(4) Any independent study program except an independent study program (including such a program taken over open circuit television) that—

added “(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);

added “(B) leads to—

added “(i) a standard college degree;

added “(ii) a certificate that reflects educational attainment offered by an institution of higher learning; or

added “(iii) a certificate that reflects completion of a course of study offered by—

added “(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

added “(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

added “(C) in the case of a program described in subparagraph (B)(iii)—

added “(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

added “(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

added “(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.”

added “(h) In this section, the terms “State or local area”, “recognized postsecondary credential”, “industry or sector partnership”, and “in-demand industry sector or occupation” have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

removed “(4) any independent study program except an independent study program (including such a program taken over open circuit television) that—

removed “(A) is accredited by a nationally recognized accrediting agency; and

removed “(B) leads—

removed “(i) to a standard college degree;

removed “(ii) to a certificate that reflects educational attainment offered by an institution of higher learning; or

removed “(iii) to a certificate that reflects completion of a course of study offered by—

removed “(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

removed “(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.”