H.R. 3218 — what changed

added “(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).”

removed “(9) 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).”

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 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—

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

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

removed “(B) the disapproval of such course 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 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.”

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 chapters 30, 32, 33, or 35 of this title, or chapters 1606 or 1607 of title 10, if the Secretary determines that the individual—

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

added “(A) the permanent 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 failed to 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 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.”

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 four 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.”

“(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.”

“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) 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 requires more than the standard 128 semester (or 192 quarter) credit hours for completion 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;

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

added “(IX) a medical residency program; or

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

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

removed “(IX) a medical residency program; and

“(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) 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 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 “(1) The Secretary shall pay to each eligible individual who receives additional benefits under this section a one-time, lump sum payment that is the lesser of the following amounts (adjusted with respect to the individual pursuant to paragraphs (2) through (7) of section 3313(c), as appropriate):

removed “(A) The amount payable under section 3313 of this title for nine months of the program of education in which the individual is enrolled.

removed “(B) $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.

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.”

removed “(f) Maximum amount of total assistance—The total amount of benefits paid to all eligible individuals under this section may not exceed $100,000,000 for any fiscal year.”

changed “(1) in the case of an individual who first becomes entitled to such entitlement before January, 1, 2018, 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

changed “(2) in the case of an individual who first becomes entitled to such entitlement on or after January 1, 2018, 2013, shall not expire.”

changed “(A) in the case of a child who first becomes entitled to such entitlement before January 1, 2018, 2013, expires at the end of the 15-year period beginning on the date of such child’s eighteenth birthday; or

changed “(B) in the case of a child who first becomes entitled to such entitlement on or after January 1, 2018, 2013, shall not expire.”

“(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.”

changed Section 3485(a)(4) of title 38, United States Code, 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,”.

changed Section 3511(a)(1) of title 38, United States Code, is amended—

“(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).”

“(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.”

“(B) 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.”

changed Paragraph (4) of section 3680A(a) of title 38, United States Code, is amended to read as follows:

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

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

“(B) leads—

“(i) to a standard college degree;

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

“(iii) to 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.”

changed Section 3698(c)(1)(C) of title 38, United States Code, is amended—

“(xi) information on whether the institution administers a priority enrollment system that allows certain student veterans to enroll in courses earlier than other students.”

“(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.”

changed Section 3692 of such title is amended by striking “December 31, 2017” and inserting “December 31, 2022”.

“3697B. 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) the recommendations of the Secretary for improving the provision of such services; and

“(4) any other matters the Secretary determines appropriate.”

“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.”

changed Section 3684(a) of title 38, United States Code, is amended—

“(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.”

changed Section 3103(f) of title 38, United States Code, is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.