79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–398 

VETERANS APPRENTICESHIP AND LABOR OPPORTUNITY 

REFORM ACT 

NOVEMBER 7, 2017.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. ROE of Tennessee, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 3949] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 3949) to amend title 38, United States Code, to provide 

for the designation of State approving agencies for multi-State apprenticeship programs for purposes of the educational assistance 

programs of the Department of Veterans Affairs, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 4 

Subcommittee Consideration .................................................................................. 4 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 5 

Earmarks and Tax and Tariff Benefits .................................................................. 5 

Committee Cost Estimate ....................................................................................... 5 

Budget Authority and Congressional Budget Office Estimate ............................ 5 

Federal Mandates Statement ................................................................................. 7 

Advisory Committee Statement .............................................................................. 7 

Constitutional Authority Statement ...................................................................... 7 

Applicability to Legislative Branch ........................................................................ 7 

Statement on Duplication of Federal Programs .................................................... 7 

Disclosure of Directed Rulemaking ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill as Reported ...................................... 8 

2 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Veterans Apprenticeship and Labor Opportunity Reform Act’’ or the ‘‘VALOR Act’’. 

SEC. 2. DESIGNATION OF STATE APPROVING AGENCIES FOR MULTI-STATE APPRENTICESHIP 

PROGRAMS. 

Paragraph (1) of subsection (c) of section 3672 of title 38, United States Code, is 

amended to read as follows: 

‘‘(1)(A) The State approving agency for a multi-State apprenticeship program is— 

‘‘(i) for purposes of approval of the program, the State approving agency for 

the State in which the headquarters of the apprenticeship program is located; 

and 

‘‘(ii) for all other purposes, the State approving agency for the State in which 

the apprenticeship program takes place. 

‘‘(B) In this paragraph, the term ‘multi-State apprenticeship program’ means a 

non-Federal apprenticeship program operating in more than one State that meets 

the minimum national program standards, as developed by the Department of 

Labor.’’. 

SEC. 3. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENT FOR ASSISTANCE FOR APPRENTICESHIP AND OTHER ON-JOB TRAINING. 

Section 3680(c) of title 38, United States Code, is amended by striking ‘‘shall have 

received—’’ and all that follows through ‘‘person’s certificate,’’ and inserting ‘‘receives from the training establishment a certification’’. 

PURPOSE AND SUMMARY

H.R. 3949, the ‘‘Veterans Apprenticeship and Labor Opportunity 

Reform Act’’ or the ’’VALOR Act,’’ was introduced by Representative Ro Khanna of California on October 4, 2017. H.R. 3949, as 

amended, would ease the approval process for on-the-job training 

and apprenticeship programs under the GI Bill while still maintaining proper oversight of individual apprenticeship programs in 

each state. 

BACKGROUND AND NEED FOR LEGISLATION

Section 2. Designation of state approving agencies for multi-State 

apprenticeship programs 

The Post-9/11 GI Bill was enacted and went into effect on August 

1, 2009, after the passage of Public Law (P.L.) 110–252. Under the 

Post-9/11 GI Bill, eligible veterans, servicemembers, dependents, 

and survivors receive educational assistance, which covers tuition 

and fees, provides a monthly housing allowance, and provides an 

annual stipend for books-and-supplies. 

Primarily, eligible recipients of Post-9/11 GI Bill benefits attend 

institutions of higher learning (IHL). However, individuals are also 

able to use their benefits for approved apprenticeship and on-thejob training (OJT) programs. The Committee believes that while 

apprenticeship and OJT programs are underutilized programs of 

the Post-9/11 GI Bill, veterans should be encouraged to consider 

these programs as they actually lead veterans to a career, as they 

allow veterans to learn a trade or skill while also receiving a paycheck. 

Title 38, United States Code (U.S.C.), requires that an apprenticeship program be approved in each state that it is located by the 

State Approving Agency (SAA) in order to be approved for GI Bill 

benefits. This applies to institutions of higher learning as well as 

for apprenticeship and on-the-job training programs. The SAAs cerVerDate Sep 11 2014 06:01 Nov 09, 2017 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR398.XXX HR398
3 

tify each approval with VA so both the program and the veteran 

can be properly paid benefits under the GI Bill. The SAAs work 

with the VA to ensure that quality programs are approved for GI 

Bill benefits as well as to audit schools so that institutions are not 

inappropriately taking advantage of the GI Bill program and veterans. 

Currently, non-Federal apprenticeship programs, with a location 

in multiple states, must go through the approval process with the 

SAA in each state to be approved for GI Bill benefits in that state. 

The Committee has learned that some nationwide apprenticeship 

programs do not seek GI Bill approval in multiple states due to the 

burdens in place to get approved in each state. This redundant approval process can be lengthy and may dissuade apprenticeship 

programs from seeking approval under the GI Bill. At the October 

11, 2017 Subcommittee on Economic Opportunity legislative hearing on several bills, including H.R. 3949, John Kamin, the Assistant Director for Veteran Education and Employment at The American Legion emphasized this concern and the need for a legislative 

fix: 

[H.R. 3949] is an important first step to addressing the 

problems with Post-9/11 GI Bill Apprenticeship program, 

by streamlining approval for organizations with multistate apprenticeship programs. Under current law, Registered Apprenticeship programs must be approved by all 

of the State Approving Agencies they are operating in 

order to be deemed eligible for GI bill use. This extra step 

in the process clouds the use of these funds for Registered 

Apprenticeship programs. Companies operating in several 

states can be vulnerable to these different interpretations, 

adding opportunity costs, and financial uncertainty. 

Through designating the state approving agency in which 

the headquarters of the apprenticeship program is located 

the authority for approving all state locations, this effort 

can be streamlined. 

The Committee agrees that the approval process for multi-state 

apprenticeship programs should be streamlined. Section two of 

H.R. 3949, as amended, therefore would allow the SAA in the state 

where a multi-state apprenticeship program is headquartered to 

determine approval for the whole program, including the program’s 

apprenticeships located in other states. This change is intended to 

allow multi-state apprenticeship programs to obtain approval faster 

without any erosion of the safeguards that SAA’s provide regarding 

the quality of the programs. For all other non-approval purposes, 

such as designating a certifying official for each state’s apprenticeship, the relevant SAA would continue to be the authority in the 

state in which the apprenticeship is located, regardless of where 

the program is headquartered. 

Section 3. Elimination of certain certification requirement for assistance for apprenticeship and other on-job training 

Under current law, both an apprenticeship program sponsor and 

its GI Bill beneficiaries have to separately certify the beneficiary’s 

attendance in the apprenticeship prior to benefits being disbursed 

to the beneficiary. In the Committee’s review of this program, it 

4 

has been brought to our attention that this unnecessary two-layered signature from both the veteran and the apprenticeship program has led to a delay in both parties receiving funding from VA. 

Section 3 of H.R. 3949, as amended, therefore, would eliminate the 

requirement that GI Bill beneficiaries certify their attendance so 

that only the apprenticeship program certifies a beneficiary’s attendance. The Committee believes that this change would reduce 

the administrative burden on veterans while maintaining attendance certification by the program, which is important to ensure GI 

Bill benefits are only paid to individuals who are abiding by the 

benefit requirements. 

HEARINGS

On October 11, 2017, the Subcommittee on Economic Opportunity held a legislative hearing on several bills pending before the 

Subcommittee including H.R. 3949, as introduced. The following 

witnesses testified: 

The Honorable John H. Rutherford , U.S. House of Representatives, 4th District of Florida; The Honorable James A. 

Himes, U.S. House of Representatives, 4th District of Connecticut; The Honorable Martha McSally, U.S. House of Representatives, 2nd District of Arizona; The Honorable Ro 

Khanna, U.S. House of Representatives, 17th District of California; MG Robert M. Worley II USAF (Ret.), Director of the 

Education Service, Veterans Benefit Administration of the U.S. 

Department of Veterans Affairs who was accompanied by Mr. 

Jeffrey London, Director of the Loan Guaranty Service, Veterans Benefits Administration of the U.S. Department of Veterans Affairs; Mr. John Kamin, Assistant Director of Veteran 

Employment and Education, The American Legion; and Mr. 

William Hubbard, Vice President of Government Affairs, Student Veterans of America. 

The following organizations submitted statements for the 

record: The Honorable Lee M. Zeldin, U.S. House of Representatives, 1st District of New York; and Helicopter Association 

International. 

SUBCOMMITTEE CONSIDERATION

On October 25, 2017, the Subcommittee on Economic Opportunity met in open markup session, a quorum being present and 

favorably forwarded H.R. 3949, as amended, to the full Committee. 

During consideration of the bills, the following amendments were 

considered and agreed to by voice vote: 

An amendment in the nature of a substitute offered by Mr. 

O’Rourke of Texas, which made technical and conforming 

changes that were suggested by VA during the October 11, 

2017 Subcommittee on Economic Opportunity legislative hearing; and 

An amendment to the amendment in the nature of a substitute offered by Mr. Banks of Indiana, which removed the requirement in section 3680(c) of title 38, U.S.C., that both the 

individual in an apprenticeship program and the training establishment had to certify to the Secretary that the individual 

5 

completed lessons at the institution before payments could be 

made by VA. 

COMMITTEE CONSIDERATION

On November 2, 2017 the full Committee met in open markup 

session, a quorum being present, and ordered H.R. 3949, as amended, be reported favorably to the House of Representatives by voice 

vote. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, no recorded votes were taken on amendments or in connection with ordering H.R. 3949, as amended, reported to the House. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives of H.R. 3949, as amended, are to improve and streamline 

the approval process for multi-state apprenticeship programs so 

that eligible beneficiaries receive their GI Bill benefits in an efficient manner. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 3949, as amended, does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out this bill. 

However, clause 3(d)(3)(B) of that Rule provides that this requirement does not apply when the Committee has included in its report 

a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974. The Committee adopts as its 

own the cost estimate on H.R. 3949, as amended, prepared by the 

Director of the Congressional Budget Office pursuant to section 402 

of the Congressional Budget Act of 1974. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

6 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the following is the cost estimate for H.R. 3949, as amended, 

is provided by the Congressional Budget Office. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, November 6, 2017. 

Hon. PHIL ROE, M.D., 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3949, the Veterans Apprenticeship and Labor Opportunity Reform Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is David Newman. 

Sincerely, 

KEITH HALL

Director. 

Enclosure. 

H.R. 3949—Veterans Apprenticeship and Labor Opportunity Reform 

Act 

The Department of Veterans Affairs (VA) provides educational 

benefits for eligible veterans, military personnel, and their spouses 

and children who are enrolled in approved programs of education. 

Those programs must be approved by the State Approving Agency 

(SAA) in the state where they are offered. 

Under current law, programs that are offered in more than one 

state must be approved by the SAA in every state in which they 

operate. H.R. 3949 would allow the SAA in the state in which a 

multistate apprenticeship program is headquartered to approve a 

program for nationwide use as long as it meets the minimum 

standards for such programs established by the Department of 

Labor. 

VA subsidizes the SAAs’ costs of approving programs from mandatory appropriations; that funding is capped at $21 million in 

2018 and is adjusted annually for inflation. Because the agencies 

indicate that VA funding does not cover all the costs of approving 

education programs, CBO expects that any savings from reducing 

the number of approvals for multistate apprenticeship programs 

would be used to cover other unreimbursed expenses. Thus, implementing H.R. 3949 would have no net effect on direct spending. 

Enacting H.R. 3949 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 3949 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 3949 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is David Newman. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

7 

FEDERAL MANDATES STATEMENT

With respect to the requirements of Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate Reform Act, P.L. 104–4), 

the Committee adopts as its own the estimate of Federal mandates 

regarding H.R. 3939, as amended, prepared by the Director of the 

Congressional Budget Office. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 3949, as 

amended. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to Article I, section 8 of the United States Constitution, 

H.R. 3949, as amended, is authorized by Congress’ power to ‘‘provide for the common Defense and general Welfare of the United 

States.’’ 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that H.R. 3949, as amended, does not relate 

to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of 

the Congressional Accountability Act. 

STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that no provision of H.R. 

3949, as amended, establishes or reauthorizes a program of the 

Federal Government known to be duplicative of another Federal 

program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 

of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKING

Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), H.R. 

3949, as amended, contains no direct rule making. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 cites the short title of H.R. 3949, as amended, as the 

‘‘Veterans Apprenticeship and Labor Opportunity Reform Act’’ or 

the ‘‘VALOR Act.’’ 

Section 2. Designation of state approving agencies for multi-state 

apprenticeship programs 

Section 2 would amend paragraph (1) of section 3672(c) of title 

38, U.S.C., to read as follows: ‘‘(1)(A) The State approving agency 

for a multi-State apprenticeship program is—‘‘(i) for purposes of approval of the program, the State approving agency for the State in 

which the headquarters of the apprenticeship program is located; 

8 

and ‘‘(ii) for all other purposes the State approving agency for the 

State in which the apprenticeship program takes place.’’ 

Section 2 would also define ‘‘multi-State apprenticeship program’’ 

as a non-Federal apprenticeship program operating in more than 

one state that meets the minimum national program standards as 

developed by the Department of Labor. 

Section 3. Elimination of certain certification requirement for assistance for apprenticeship and other on-job training 

Section 3 would amend section 3680(c) of title 38, U.S.C., by 

striking ‘‘shall have received—’’ and all that follows through ‘‘person’s certificate,’’ and inserting receives from the training establishment a certification.’’ 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

Pursuant to clause 3(e) of rule XIII of the Rules of the House of 

Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 36—ADMINISTRATION OF EDUCATIONAL 

BENEFITS 

* * * * * * * 

SUBCHAPTER I—STATE APPROVING AGENCIES 

* * * * * * * 

§ 3672. Approval of courses 

(a) An eligible person or veteran shall receive the benefits of this 

chapter and chapters 34 and 35 of this title while enrolled in a 

course of education offered by an educational institution only if (1) 

such course is approved as provided in this chapter and chapters 

34 and 35 of this title by the State approving agency for the State 

where such educational institution is located, or by the Secretary, 

or (2) such course is approved (A) for the enrollment of the particular individual under the provisions of section 3536 of this title 

9 

or (B) for special restorative training under subchapter V of chapter 35 of this title. Approval of courses by State approving agencies 

shall be in accordance with the provisions of this chapter and chapters 34 and 35 of this title and such other regulations and policies 

as the State approving agency may adopt. Each State approving 

agency shall furnish the Secretary with a current list of educational institutions specifying courses which it has approved, and, 

in addition to such list, it shall furnish such other information to 

the Secretary as it and the Secretary may determine to be necessary to carry out the purposes of this chapter and chapters 34 

and 35 of this title. Each State approving agency shall notify the 

Secretary of the disapproval of any course previously approved and 

shall set forth the reasons for such disapproval. 

(b)(1) The Secretary shall be responsible for the approval of 

courses of education offered by any agency of the Federal Government authorized under other laws to supervise such education. The 

Secretary may approve any course in any other educational institution in accordance with the provisions of this chapter and chapters 

34 and 35 of this title. 

(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684, and 

3696 of this title, a program of education is deemed to be approved 

for purposes of this chapter if a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the program is one of the following programs: 

(i) Except as provided in subparagraph (C), an accredited 

standard college degree program offered at a public or not-forprofit proprietary educational institution that is accredited by 

an agency or association recognized for that purpose by the 

Secretary of Education. 

(ii) A flight training course approved by the Federal Aviation 

Administration that is offered by a certified pilot school that 

possesses a valid Federal Aviation Administration pilot school 

certificate. 

(iii) An apprenticeship program registered with the Office of 

Apprenticeship (OA) of the Employment Training Administration of the Department of Labor or a State apprenticeship 

agency recognized by the Office of Apprenticeship pursuant to 

the Act of August 16, 1937 (popularly known as the ‘‘National 

Apprenticeship Act’’; 29 U.S.C. 50 et seq.). 

(iv) A program leading to a secondary school diploma offered 

by a secondary school approved in the State in which it is operating. 

(B) A licensure test offered by a Federal, State, or local government is deemed to be approved for purposes of this chapter. 

(C) A course that is described in both subparagraph (A)(i) of this 

paragraph and in paragraph (14) or (15) of section 3676(c) of this 

title shall not be deemed to be approved for purposes of this chapter unless— 

(i) a State approving agency, or the Secretary when acting in 

the role of a State approving agency, determines that the 

course meets the applicable criteria in such paragraphs; or 

(ii) the Secretary issues a waiver for such course under section 3676(f)(1) of this title. 

(c)ø(1) In the case of programs of apprenticeship where— 

10 

ø(A) the apprenticeship standards have been approved by the 

Secretary of Labor pursuant to section 2 of the Act of August 

16, 1937 (popularly known as the ‘‘National Apprenticeship 

Act’’) (29 U.S.C. 50a), as a national apprenticeship program for 

operation in more than one State, and 

ø(B) the training establishment is a carrier directly engaged 

in interstate commerce which provides such training in more 

than one State, 

the Secretary shall act as a ‘‘State approving agency’’ as such term 

is used in section 3687(a)(1) of this title and shall be responsible 

for the approval of all such programs.¿ 

(1)(A) The State approving agency for a multi-State apprenticeship program is— 

(i) for purposes of approval of the program, the State approving agency for the State in which the headquarters of the apprenticeship program is located; and 

(ii) for all other purposes, the State approving agency for the 

State in which the apprenticeship program takes place. 

(B) In this paragraph, the term ‘‘multi-State apprenticeship program’’ means a non-Federal apprenticeship program operating in 

more than one State that meets the minimum national program 

standards, as developed by the Department of Labor. 

(2) The period of a program of apprenticeship may be determined 

based upon a specific period of time (commonly referred to as a 

‘‘time-based program’’), based upon the demonstration of successful 

mastery of skills (commonly referred to as a ‘‘competency-based 

program’’), or based upon a combination thereof. 

(3)(A) In the case of a competency-based program of apprenticeship, State approving agencies shall determine the period for which 

payment may be made for such a program under chapters 30 and 

35 of this title and chapter 1606 of title 10. In determining the period of such a program, State approving agencies shall take into 

consideration the approximate term of the program recommended 

in registered apprenticeship program standards recognized by the 

Secretary of Labor. 

(B) The sponsor of a competency-based program of apprenticeship 

shall provide notice to the State approving agency involved of any 

such standards that may apply to the program and the proposed 

approximate period of training under the program. 

(4) The sponsor of a competency-based program of apprenticeship 

shall notify the Secretary upon the successful completion of a program of apprenticeship by an individual under chapter 30 or 35 of 

this title, or chapter 1606 of title 10, as the case may be. 

(d)(1) Pursuant to regulations prescribed by the Secretary in consultation with the Secretary of Labor, the Secretary and State approving agencies shall actively promote the development of apprenticeship and on the job training programs for the purposes of sections 3677 and 3687 of this title and shall utilize the services of 

disabled veterans’ outreach program specialists under section 

4103A of this title to promote the development of such programs. 

The Secretary of Labor shall provide assistance and services to the 

Secretary, and to State approving agencies, to increase the use of 

apprenticeships. 

(2) In conjunction with outreach services provided by the Secretary under chapter 77 of this title for education and training benVerDate Sep 11 2014 06:01 Nov 09, 2017 Jkt 079006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR398.XXX HR398
11 

efits, each State approving agency shall conduct outreach programs 

and provide outreach services to eligible persons and veterans 

about education and training benefits available under applicable 

Federal and State law. 

(e) A program of education exclusively by correspondence, and 

the correspondence portion of a combination correspondence-residence course leading to a vocational objective, that is offered by an 

educational institution (as defined in section 3452(c) of this title) 

may be approved only if (1) the educational institution is accredited 

by an entity recognized by the Secretary of Education, and (2) at 

least 50 percent of those pursuing such a program or course require 

six months or more to complete the program or course. 

* * * * * * * 

SUBCHAPTER II—MISCELLANEOUS PROVISIONS 

§ 3680. Payment of educational assistance or subsistence allowances 

(a) PERIOD FOR WHICH PAYMENT MAY BE MADE.—Payment of 

educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of this title shall be paid as 

provided in this section and, as applicable, in section 3108, 3482, 

3491, or 3532 of this title. Such payments shall be paid only for the 

period of such veterans’ or persons’ enrollment in, and pursuit of, 

such program, but no amount shall be paid— 

(1) to any eligible veteran or eligible person for any period 

when such veteran or person is not pursuing such veteran’s or 

person’s course in accordance with the regularly established 

policies and regulations of the educational institution, with the 

provisions of such regulations as may be prescribed by the Secretary pursuant to subsection (g) of this section, and with the 

requirements of this chapter or of chapter 34 or 35 of this title, 

but payment may be made for an actual period of pursuit of 

one or more unit subjects pursued for a period of time shorter 

than the enrollment period at the educational institution; 

(2) to any eligible veteran or person for auditing a course; or 

(3) to any eligible veteran or person for a course for which 

the grade assigned is not used in computing the requirements 

for graduation including a course from which the student withdraws unless— 

(A) the eligible veteran or person withdraws because he 

or she is ordered to active duty; or 

(B) the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal (without regard to withdrawals described in subclause (A) of this clause) by the eligible veteran or person 

from a course or courses with respect to which the veteran 

or person has been paid assistance under this title, mitigating circumstances shall be considered to exist with respect to courses totaling not more than six semester hours 

or the equivalent thereof. 

Notwithstanding the foregoing, the Secretary may, subject to such 

regulations as the Secretary shall prescribe, continue to pay allowVerDate Sep 11 2014 06:01 Nov 09, 2017 Jkt 079006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR398.XXX HR398
12 

ances to eligible veterans and eligible persons enrolled in courses 

set forth in clause (1) of this subsection during periods when 

schools are temporarily closed under an established policy based on 

an Executive order of the President or due to an emergency situation. However, the total number of weeks for which allowances may 

continue to be so payable in any 12-month period may not exceed 

4 weeks. 

(b) CORRESPONDENCE TRAINING CERTIFICATIONS.—No educational 

assistance allowance shall be paid to an eligible veteran or spouse 

or surviving spouse enrolled in and pursuing a program of education exclusively by correspondence until the Secretary shall have 

received— 

(1) from the eligible veteran or spouse or surviving spouse a 

certificate as to the number of lessons actually completed by 

the veteran or spouse or surviving spouse and serviced by the 

educational institution; and 

(2) from the training establishment a certification or an endorsement on the veteran’s or spouse’s or surviving spouse’s 

certificate, as to the number of lessons completed by the veteran or spouse or surviving spouse and serviced by the institution. 

(c) APPRENTICESHIP AND OTHER ON-JOB TRAINING.—No training 

assistance allowance shall be paid to an eligible veteran or eligible 

person enrolled in and pursuing a program of apprenticeship or 

other on-job training until the Secretary øshall have received—¿ 

ø(1) from such veteran or person a certification as to such 

veteran’s or person’s actual attendance during such period; 

and¿ 

ø(2) from the training establishment a certification, or an endorsement on the veteran’s or person’s certificate,¿ receives 

from the training establishment a certification that such veteran or person was enrolled in and pursuing a program of apprenticeship or other on-job training during such period. 

(d) ADVANCE PAYMENT OF INITIAL EDUCATIONAL ASSISTANCE OR

SUBSISTENCE ALLOWANCE.—(1) The educational assistance or subsistence allowance advance payment provided for in this subsection 

is based upon a finding by the Congress that eligible veterans and 

eligible persons may need additional funds at the beginning of a 

school term to meet the expenses of books, travel, deposits, and 

payment for living quarters, the initial installment of tuition, and 

the other special expenses which are concentrated at the beginning 

of a school term. 

(2) Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, an eligible veteran or eligible person shall be paid an educational assistance allowance or 

subsistence allowance, as appropriate, advance payment. Such advance payment shall be made in an amount equivalent to the allowance for the month or fraction thereof in which pursuit of the 

program will commence, plus the allowance for the succeeding 

month. In the case of a person on active duty, who is pursuing a 

program of education, the advance payment shall be in a lump sum 

based upon the amount payable for the entire quarter, semester, or 

term, as applicable. In no event shall an advance payment be made 

under this subsection to a veteran or person intending to pursue 

a program of education on less than a half-time basis. An advance 

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payment may not be made under this subsection to any veteran or 

person unless the veteran or person requests such payment and the 

Secretary finds that the educational institution at which such veteran or person is accepted or enrolled has agreed to, and can satisfactorily, carry out the provisions of paragraphs (4)(B) and (C) and 

(5) of this subsection. The application for advance payment, to be 

made on a form prescribed by the Secretary, shall— 

(A) in the case of an initial enrollment of a veteran or person 

in an educational institution, contain information showing that 

the veteran or person (i) is eligible for educational benefits, (ii) 

has been accepted by the institution, and (iii) has notified the 

institution of such veteran’s or person’s intention to attend 

that institution; and 

(B) in the case of a re-enrollment of a veteran or person, contain information showing that the veteran or person (i) is eligible to continue such veteran’s or person’s program of education 

or training and (ii) intends to re-enroll in the same institution, 

and, in either case, shall also state the number of semester or 

clock-hours to be pursued by such veteran or person. 

(3) For purposes of the Secretary’s determination whether any 

veteran or person is eligible for an advance payment under this 

section, the information submitted by the institution, the veteran 

or person, shall establish such veteran’s or person’s eligibility unless there is evidence in such veteran’s or person’s file in the processing office establishing that the veteran or person is not eligible 

for such advance payment. 

(4) The advance payment authorized by paragraph (2) of this 

subsection shall, in the case of an eligible veteran or eligible person, be (A) drawn in favor of the veteran or person; (B) mailed to 

the educational institution listed on the application form for temporary care and delivery to the veteran or person by such institution; and (C) delivered to the veteran or person upon such veteran’s 

or person’s registration at such institution, but in no event shall 

such delivery be made earlier than thirty days before the program 

of education is to commence. 

(5) Upon delivery of the advance payment pursuant to paragraph 

(4) of this subsection, the institution shall submit to the Secretary 

a certification of such delivery. If such delivery is not effected within thirty days after commencement of the program of education in 

question, such institution shall return such payment to the Secretary forthwith. 

(e) RECOVERY OF ERRONEOUS PAYMENTS.—(1) Subject to paragraph (2), if an eligible veteran or eligible person fails to enroll in 

or pursue a course for which an educational assistance or subsistence allowance advance payment is made, the amount of such payment and any amount of subsequent payments which, in whole or 

in part, are due to erroneous information required to be furnished 

under subsection (d)(2) of this section, shall become an overpayment and shall constitute a liability of such veteran or person to 

the United States and may be recovered, unless waived pursuant 

to section 5302 of this title, from any benefit otherwise due such 

veteran or person under any law administered by the Department 

of Veterans Affairs or may be recovered in the same manner as any 

other debt due the United States. 

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(2) Paragraph (1) shall not apply to the recovery of an overpayment of an educational allowance or subsistence allowance advance 

payment to an eligible veteran or eligible person who fails to enroll 

in or pursue a course of education for which the payment is made 

if such failure is due to the death of the veteran or person. 

(f) PAYMENTS FOR LESS THAN HALF-TIME TRAINING.—Payment of 

educational assistance allowance in the case of any eligible veteran 

or eligible person pursuing a program of education on less than a 

half-time basis shall be made in an amount computed for the entire 

quarter, semester, or term not later than the last day of the month 

immediately following the month in which certification is received 

from the educational institution that such veteran or person has 

enrolled in and is pursuing a program at such institution. Such 

lump sum payment shall be computed at the rate provided in section 3482(b) or 3532(a)(2) of this title, as applicable. 

(g) DETERMINATION OF ENROLLMENT, PURSUIT, AND ATTENDANCE.—(1) The Secretary may, pursuant to regulations which the 

Secretary shall prescribe, determine and define with respect to an 

eligible veteran and eligible person the following: 

(A) Enrollment in a course or program of education or training. 

(B) Pursuit of a course or program of education or training. 

(C) Attendance at a course or program of education or training. 

(2) The Secretary may withhold payment of benefits to an eligible 

veteran or eligible person until the Secretary receives such proof as 

the Secretary may require of enrollment in and satisfactory pursuit 

of a program of education by the eligible veteran or eligible person. 

The Secretary shall adjust the payment withheld, when necessary, 

on the basis of the proof the Secretary receives. 

(3) In the case of an individual other than an individual described in paragraph (4), the Secretary may accept the individual’s 

monthly certification of enrollment in and satisfactory pursuit of a 

program of education as sufficient proof of the certified matters. 

(4) In the case of an individual who has received an accelerated 

payment of basic educational assistance under section 3014A of 

this title during an enrollment period for a program of education, 

the Secretary may accept the individual’s certification of enrollment in and satisfactory pursuit of the program of education as 

sufficient proof of the certified matters if the certification is submitted after the enrollment period has ended. 

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