59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–727 

VETERANS SUCCESS ON CAMPUS ACT OF 2016 

SEPTEMBER 7, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. MILLER of Florida, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 5178] 

[Including cost estimate of the Congressional Budget Office] 

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

bill (H.R. 5178) to amend title 38, United States Code, to direct the 

Secretary of Veterans Affairs to provide educational and vocational 

counseling for veterans on campuses of institutions of higher learning, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 4 

Background and Need for Legislation .................................................................... 5 

Hearings ................................................................................................................... 11 

Subcommittee Consideration .................................................................................. 12 

Committee Consideration ........................................................................................ 12 

Committee Votes ...................................................................................................... 13 

Committee Oversight Findings ............................................................................... 16 

Statement of General Performance Goals and Objectives .................................... 16 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 16 

Earmarks and Tax and Tariff Benefits .................................................................. 16 

Committee Cost Estimate ....................................................................................... 16 

Congressional Budget Office Estimate ................................................................... 16 

Federal Mandates Statement ................................................................................. 19 

Advisory Committee Statement .............................................................................. 19 

Constitutional Authority Statement ...................................................................... 19 


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Applicability to Legislative Branch ........................................................................ 19 

Statement on Duplication of Federal Programs .................................................... 19 

Disclosure of Directed Rulemaking ........................................................................ 19 

Section-by-Section Analysis of the Legislation ...................................................... 19 

Changes in Existing Law Made by the Bill as Reported ...................................... 22 

Dissenting Views ..................................................................................................... 33 

AMENDMENT

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 Success on Campus Act of 2016’’. 

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ON-CAMPUS EDUCATIONAL AND 

VOCATIONAL COUNSELING FOR VETERANS. 

(a) IN GENERAL.—Chapter 36 of title 38, United States Code, is amended by inserting after section 3697A the following new section: 

‘‘§ 3697B. On-campus educational and vocational counseling 

‘‘(a) IN GENERAL.—The Secretary shall provide educational and vocational counseling services for veterans 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 veterans 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.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 3697A the following new 

item: 

‘‘3697B. On-campus educational and vocational counseling.’’. 

SEC. 3. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION TESTS 

AND NATIONAL TESTS UNDER DEPARTMENT OF VETERANS AFFAIRS POST-9/11 

EDUCATIONAL ASSISTANCE PROGRAM. 

(a) LICENSURE AND CERTIFICATION TESTS.—Section 3315(c) of title 38, United 

States Code, is amended by striking ‘‘shall be determined’’ and all that follows and 

inserting ‘‘shall be pro-rated based on the actual amount of the fee charged for the 

test.’’. 

(b) NATIONAL TESTS.—Section 3315A of such title is amended— 

(1) in subsection (a), by adding at the end the following new paragraph: 

‘‘(3) A national test that evaluates prior learning and knowledge and provides 

an opportunity for course credit at an institution of higher learning as so described.’’; and 

(2) in subsection (c), by striking ‘‘shall be determined’’ and all that follows and 

inserting ‘‘shall be pro-rated based on the actual amount of the fee charged for 

the test.’’. 

(c) EFFECTIVE DATE.—The amendments made by this Act shall apply to a test 

taken after the date that is 90 days after the date of the enactment of this Act. 

SEC. 4. MODIFICATION OF PERCENTAGE INCREASE IN RATES PAYABLE UNDER DEPARTMENT 

OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE PROGRAMS. 

(a) ALL-VOLUNTEER FORCE.—Section 3015(h)(2) of title 38, United States Code, is 

amended— 


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(1) by striking ‘‘fiscal year 2014’’ and inserting ‘‘fiscal year 2025’’; and 

(2) by striking ‘‘fiscal year 2013’’ and inserting ‘‘fiscal year 2024’’. 

(b) SURVIVORS AND DEPENDENTS.—Section 3564(b) of such title is amended— 

(1) by striking ‘‘fiscal year 2014’’ and inserting ‘‘fiscal year 2025’’; and 

(2) by striking ‘‘fiscal year 2013’’ and inserting ‘‘fiscal year 2024’’. 

SEC. 5. EXTENSION OF AUTHORITY FOR VETERANS’ ADVISORY COMMITTEE ON EDUCATION. 

Section 3692(c) of such title is amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2021’’. 

SEC. 6. TRAINING FOR SCHOOL CERTIFYING OFFICIALS. 

(a) TRAINING REQUIREMENT.—The Secretary of Veterans Affairs shall, in consultation with the State approving agencies, set forth requirements relating to training 

for school certifying officials employed by covered educational institutions offering 

courses of education approved under chapter 36 of title 38, United States Code. If 

a covered educational institution does not ensure that a school certifying official employed by the educational institution meets such requirements, the Secretary may 

disapprove any course of education offered by such educational institution. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘covered educational institution’’ means an educational institution that has enrolled 20 or more individuals using educational assistance 

under title 38, United States Code. 

(2) The term ‘‘school certifying official’’ means an employee of an educational 

institution with primary responsibility for certifying veteran enrollment at the 

educational institution. 

(3) The term ‘‘State approving agency’’ means a department or agency of a 

State designated under section 3671 of title 38, United States Code. 

SEC. 7. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL INSTITUTIONS 

AND JOINT APPRENTICESHIP TRAINING COMMITTEES. 

Section 3684(c) of title 38, United States Code, is amended to read as follows: 

‘‘(c)(1) The Secretary may pay to any educational institution, or to the sponsor of 

a program of apprenticeship, furnishing education or training under either this 

chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu 

of any other compensation or reimbursement for reports or certifications which such 

educational institution or joint apprenticeship training committee is required to submit to the Secretary by law or regulation. 

‘‘(2) Such reporting fee shall be computed for each calendar year by multiplying 

$12 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title, or $15 in the case of those eligible veterans 

and eligible persons whose educational assistance checks are directed in care of each 

institution for temporary custody and delivery and are delivered at the time of registration as provided under section 3680(d)(4) of this title, during the calendar year. 

The reporting fee shall be paid to such educational institution or joint apprenticeship training committee 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 joint apprenticeship 

training committee 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 committee 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 75 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 joint apprenticeship training committee. 

‘‘(5) The reporting fee payable under this subsection shall be paid from amounts 

appropriated for readjustment benefits.’’. 

SEC. 8. DEPARTMENT OF VETERANS AFFAIRS INSPECTOR GENERAL HEIGHTENED SCRUTINY 

OF PROGRAMS OF EDUCATION. 

(a) IN GENERAL.—Subchapter II of chapter 36 of title 38, United States Code, is 

amended by adding at the end the following new section: 


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‘‘§ 3699. Inspector General heightened scrutiny of programs of education 

‘‘(a) HEIGHTENED SCRUTINY REQUIRED.—The Inspector General of the Department 

shall apply heightened scrutiny to any program of education if any Federal or State 

agency has made a final judgment or settlement that the program of education used 

deceptive or misleading practices that are potentially in violation of section 3696 of 

this title. 

‘‘(b) NOTICE TO STUDENTS.—(1) Upon commencement of heightened scrutiny with 

respect to a program of education under this section, the Secretary shall provide notice of the heightened scrutiny and the reasons for such heightened scrutiny to any 

individual who— 

‘‘(A) is enrolled in a course of education approved under this chapter provided 

by the program of education; and 

‘‘(B) is entitled to educational assistance under the laws administered by the 

Secretary. 

‘‘(2) The Secretary shall provide to any individual who receives notice under this 

subsection advice that the individual— 

‘‘(A) request a copy of the individual’s transcript; and 

‘‘(B) seek counseling from an appropriate advisor about transferring any credits earned at the program of education. 

‘‘(c) MONITORING OF ALLEGATIONS.—The Secretary shall monitor allegations of deceptive and misleading practices made against programs of education offering 

courses of education approved for purposes of this chapter, including Federal and 

State investigations. The Secretary shall include information about any such allegation on the GI Bill Comparison Tool, or any similar Internet website of the Department.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter 

is amended by adding at the end of the items relating to subchapter II the following 

new item: 

‘‘3699. Inspector General heightened scrutiny of programs of education.’’. 

SEC. 9. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OF EDUCATION OFFERED BY INSTITUTIONS OF HIGHER LEARNING ACCUSED OF CERTAIN DECEPTIVE OR MISLEADING PRACTICES. 

Section 3679 of title 38, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(d)(1) The Secretary shall disapprove a course of education provided by an institution of higher learning if the Secretary determines pursuant to heightened scrutiny applied by the Inspector General under section 3699 of this title that the institution of higher learning has engaged in practices that are in violation of section 

3696 of this title. 

‘‘(2) The Secretary shall provide counseling services to individuals enrolled in a 

course of education disapproved under paragraph (1) to assist such individuals in 

transferring to another institution of higher learning.’’. 

PURPOSE AND SUMMARY

H.R. 5178, the ‘‘Veterans Success on Campus Act of 2016,’’ was 

introduced by Representative Brad Wenstrup of Ohio on May 10, 

2016. H.R. 5178, as amended, was ordered to be favorably reported 

to the full House on May 18, 2016. This legislation incorporates the 

text of H.R. 5178; H.R. 5174, the ‘‘Veterans Education Enhancement Act of 2016,’’ introduced by Representative Aumua Amata 

Coleman Radewagen on May 10, 2016; and H.R. 5175, the ‘‘GI Bill 

Oversight Act of 2016,’’ introduced by Representative Mark Takano 

of California on May 10, 2016. 

H.R. 5178, as amended, would: (1) codify the Department of Veterans Affairs (VA) Veterans Success on Campus Program (VSOC); 

(2) change how a veteran’s G.I. Bill entitlement is charged for licensing and certification tests and national tests so that a veteran 

is charged at a pro-rated amount instead of an entire month’s entitlement for one test; (3) round down to the nearest dollar, the cost 

of living adjustment for Survivors’ and Dependents Education Assistance (DEA) and Montgomery G.I. Bill recipients; (4) extend the 

VA Secretary’s (Secretary) advisory committee on education for five 


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years; (5) require additional training for School Certifying Officials 

(SCO) who process G.I. Bill paperwork; and (6) require VA’s Office 

of Inspector General (VAOIG) to provide heightened scrutiny to 

G.I. Bill eligible schools where a final judgement has been made 

that they used deceptive or deceiving marketing practices to attract 

students and would require VA to provide notice to student veterans attending these schools of this final judgement as well as flag 

the school on VA’s G.I. Bill Comparison Tool. 

BACKGROUND AND NEED FOR LEGISLATION

Section 2—Department of Veterans Affairs provision of on-campus 

educational vocational counseling for veterans 

VA initiated VSOC as a pilot program in 2009 at the University 

of South Florida, and the program has since expanded to a total 

of 94 college campuses nationwide. The mission of the VSOC program is to assist student veterans and their qualified dependents 

as they attend institutions of higher learning (IHL) through education and employment counseling, VA benefits assistance, and 

other necessary counseling assistance. Further, VA provides at 

least one Vocational Rehabilitation and Employment (VR&E) counselor at each VSOC location to help individuals who qualify for 

VR&E benefits and other G.I. Bill recipients with their education 

programs, their VA benefits, any necessary health referrals, employment counseling, etc. 

The VSOC program is a positive resource for student veterans 

and their dependents as they attend school either through the G.I. 

Bill or VR&E, and gives individuals on-campus access to all-encompassing counseling programs. A clear example of the benefits of 

VSOC was presented in the testimony of Mr. William Hubbard, 

Vice President of Government Affairs for Student Veterans of 

America, at an October 22, 2015, Subcommittee on Economic Opportunity oversight hearing entitled, ‘‘A Review of VA’s VetSuccess 

on Campus Program’’ in which he stated: 

We frequently hear student veterans identify the VSOC 

program as a top benefit that they find to be most valuable 

for their higher education experience. When surveying over 

30 student veterans from 12 schools that participate in the 

VSOC program, the response was overwhelmingly positive. 

The Committee is concerned, however, that since VSOC is currently only a program implemented by VA policy and is not a 

statutorily required program, that there is a possibility of VA ending the program, or that there could be difficulty in funding and 

expanding the program to more IHLs across the country. Section 

2 of H.R. 5178, as amended, would require the Secretary to provide 

these services at IHLs selected by the Secretary and would codify 

the VSOC program. Amending title 38, U.S.C., to make VSOC a 

statutorily required program ensures that VA will continue the program, and as a result of its codification, it is the Committee’s intent that VSOC will be expanded to more IHLs in the future if necessary resources are identified. The Committee believes that expanding VSOC to more campuses will grant access to the beneficial 

services that the program offers to more veterans and provide more 


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veterans with the resources for a seamless transition from the military into their civilian life as a student veteran. 

Section 3—Charge to entitlement for certain licensure and certification tests and national tests under Department of Veterans 

Affairs post-9/11 educational assistance 

As servicemembers transition out of the military and into civilian 

life, there continues to be concern among veterans’ groups and 

other stakeholders that the civilian sector does not always comprehend the skills that veterans have gained from their service and 

therefore fails to translate them into civilian skills or abilities. Although this conversation and concern has been more heavily focused on translating military skills into jobs in the civilian sector, 

groups have also been concerned that veterans are not given the 

opportunity to translate many of their skills, training credentials, 

and knowledge that they have gained from their military expertise 

into school credit. The Committee and other stakeholders believe 

that it would benefit veterans if they had the ability to undergo an 

assessment or take a test to demonstrate any skills they gained 

through their service that could qualify for school credit. The Committee believes that allowing veterans to have the potential to 

translate their skills for academic reasons could assist the veteran 

in utilizing their G.I. Bill benefits in a more efficient manner. This 

would allow veterans to test out of a class if they are eligible based 

on any training or skills they gained in the military, would reduce 

any waste of taxpayer money on a class that is unnecessary for 

them to take, and would expand the options to use their G.I. Bill 

benefits for additional courses in the future. 

Section 3 of H.R. 5178, as amended, would address these concerns by allowing an individual who is entitled to the Post 9/11 G.I. 

Bill to use their education benefits to pay for a national test that 

evaluates their prior learning, knowledge, and training and could 

provide them with appropriate course credit at an IHL. The Committee believes that by recognizing the prior experience and credentials that servicemen and women have as they transition out of 

the military through a test, could garner them class credit and will 

give them more opportunities to advance in their degree in a more 

efficient and meaningful manner. 

This Section would also ensure any national tests or licensing 

and credentialing tests, as well as certain benefits under sections 

3315 and 3315A of title 38, U.S.C., are charged against an individual’s entitlement at a pro-rated rate. Under current law, licensing 

and credentialing tests or any national tests, despite their cost, are 

charged as a full month against a veteran’s entitlement. The Post 

9/11 G.I. Bill only provides up to 36 months of entitlement, and although the Committee believes that these tests are beneficial for 

a veteran’s educational success, a veteran should not have to lose 

an entire month’s entitlement for a single test that could cost only 

$100. 

Section 4—Modification of percentage increase in rates payable 

under Department of Veterans Affairs educational assistance 

programs 

On an annual basis, Congress works to pass a cost of living adjustment (COLA) for veterans’ disability compensation benefits to 


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reflect increased living expenses in the economy. From fiscal year 

1990 through fiscal year 2013, the law required a round-down to 

the nearest dollar of this annual increase. This round-down had 

been used during this time on a bi-partisan basis to offset the costs 

associated with improving or expanding veterans’ benefits. 

Benefits administered for the Montgomery G.I. Bill (MGIB) and 

Dependents Education Assistance (DEA), under chapters 30 and 35 

of title 38, U.S.C., respectively, also receive a COLA increase to 

maintain the same growth as the economy. Section 3015(h)(1) of 

title 38, U.S.C., requires the Secretary to provide a percentage increase annually that is equal to the growth in the average cost of 

undergraduate tuition in the United States for the prior academic 

year as determined by the National Center for Education. Section 

3564(a) requires this same growth for survivors’ and dependents 

using chapter 35 education benefits, so that the percentage increase is equal to the percentage growth of the Consumer Price 

Index for the prior 12 months. Both of these sections also required 

a COLA round-down to the next lower whole dollar amount until 

the end of fiscal year 2013. 

The Committee notes that over the past 21 years, the U.S. House 

of Representatives has passed a COLA round-down 35 times, and 

until 2013, the annual COLA bill also included language requiring 

the round-down. It is also important to note that since the lapse 

of the COLA round-down for MGIB and DEA benefits in 2013, this 

round-down has been used twice in legislation as an offset to costs 

of bills that improved benefits and service to veterans—H.R. 671, 

the ‘‘Ruth Moore Act,’’ introduced by Rep. Chellie Pingree (D–ME) 

in the 113th Congress and H.R. 2256, the ‘‘Veterans Information 

Modernization Act,’’ introduced by Rep. Dan Benishek (R–MI) in 

2015. Further, both bills were reported out of Committee unanimously by voice vote, and both bills also passed out of the House 

unanimously, irrespective of the inclusion of this COLA rounddown. 

Section 4 of H.R. 5178, as amended, would strike fiscal year 2013 

from both sections for MGIB and DEA benefits and extend the 

round-down to the next lower whole dollar amount until the end 

of fiscal year 2024. 

Section 5—Extension of authority for Veterans’ Advisory Committee 

on Education 

The Federal Advisory Committee Act of 1972 (P.L. 92–463) was 

enacted by Congress to formalize the value of the Executive Branch 

to create advisory committees and enlist the input of individuals 

when executing federal statutes and regulations. These advisory 

committees and the individuals on them are tasked with ensuring 

that the intent of the law is being properly followed. VA currently 

has 25 advisory committees, 15 of which are statutorily required 

and 10 of which were created by the Secretary as policies and programs have been created within the Department. 

The Veterans’ Advisory Committee on Education is a statutorily 

required committee originally created in the Veterans’ Readjustment Benefits Act of 1966 (P.L. 89–358), which has been amended 

over the years as the G.I. Bill has transformed and other education 

benefits have been enacted into law. This committee is responsible 

for advising the Secretary on how to best administer any education 


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1http://www.gao.gov/products/GAO-16-42. 

benefits under chapters 30, 32, 33, 35, and 36 of title 38, U.S.C., 

and chapter 1606 of title 10, U.S.C. Since this advisory committee 

was originally created in 1966, it has continued to have its authority extended over the years so that it could continue its function 

and advisement role. 

According to VA, as of February 2016, it has issued $60.2 billion 

in Post 9/11 G.I. Bill benefits since the program’s inception in August 2009—this amount does not account for education benefits 

also issued by the Department under chapters 30, 32, 35, and 36 

of title 38, U.S.C., or chapter 1606 of title 10, U.S.C. The Committee believes that with the ever-growing amount of funding provided by VA for education benefits and as the higher education system continues to change and develop, the Veterans’ Advisory Committee on Education is still needed to ensure proper recommendations are being made to the Secretary and Congress. Section 5 of 

H.R. 5178, as amended, therefore, would extend the authority of 

the Veterans’ Advisory Committee on Education to December 31, 

2021 to ensure that the Secretary continues to receive insight and 

advice on the efficiency of the administration of education benefits 

to servicemembers, veterans, reservists and eligible dependents. 

Section 6—Training for school certifying officials 

VA education benefits are administered through the collaboration 

of multiple individuals, from the VA claims processors down to 

each IHL. Each IHL has an SCO who is responsible with verifying 

and certifying a G.I. Bill-eligible individual’s attendance at the 

school and enrollment information. The SCO then sends this information to VA each semester so VA can issue the proper payments 

to both the school and the individual. An SCO is expected to understand all of the VA education benefits for which veterans or their 

dependents may be eligible, and must know how to properly certify 

each individual so that VA can pay them their living and book stipend as well as ensure that the school receives their tuition payments in a timely manner. 

The Committee has often found that an SCO is tasked with handling G.I. Bill benefits in addition to other financial advisory roles 

at the IHL, which could overburden them if they are not properly 

trained to certify title 38 education assistance benefits. In recent 

years, the Committee has found that, due to other VA priorities 

when processing education benefits as well as the additional workload placed on the State Approving Agencies (SAAs) who are 

tasked with training SCOs during their on-site visits to an IHL, 

many SCOs are not consistently receiving the proper training they 

need to do their job. According to a 2015 Government Accountability Office (GAO) report entitled, ‘‘Post 9/11 G.I. Bill: Additional 

Actions Needed to Help Reduce Overpayments and Increase Collections,’’ VA lacks the authority to require training for SCOs despite 

how complicated it can be to properly process veterans’ information.1 Furthermore, the report found that due to the complexity of 

administering Post 9/11 G.I. Bill benefits, VA paid out approximately $28 million in overpayments to schools and students in fiscal year 2014. Subsequently, Dr. Joe Wescott, Legislative Director 

for the National Association of State Approving Agencies, testified 


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at an April 16, 2016, Subcommittee on Economic Opportunity legislative hearing, stating: 

We do not think it is unreasonable to conclude that the reduction in on-site training during SAA supervisory visits 

has played a role in the percentage of G.I. Bill overpayments due to certifying official errors, as discussed in the 

GAO report from October 2015 entitled ‘‘Additional Actions 

Needed to Help Reduce Overpayments and Increase Collections. 

The Committee recognizes the need and importance for mandatory training for SCOs to ensure that a program, as expensive as 

the Post 9/11 G.I. Bill, is administered properly at all levels. Further, the Committee believes that it is critical that schools should 

also understand the merits of requiring their SCOs to go through 

training if the IHL is going to continue to receive G.I. Bill funds. 

Therefore, H.R. 5178, as amended, would require the Secretary, in 

consultation with the SAAs, to set forth training requirements for 

SCOs and would allow the Secretary to disapprove any IHL that 

does not meet these requirements. The Committee believes that increasing training and understanding of how to efficiently and correctly input and process veterans’ information at the school level 

will decrease overpayments as well as benefit veterans as they utilize their education assistance benefits so they are able to receive 

payments in a more timely manner. 

Section 7—Limitation on use of reporting fees payable to educational institutions and joint apprenticeship training committees 

Under section 3684 of title 38, U.S.C., VA is required to pay each 

IHL in which a veteran is enrolled, a fee for each individual an 

SCO certifies and processes information for VA for education assistance benefits. These fees are known as reporting fees and are 

meant to be used by the schools to help pay for the administrative 

costs of an SCO when they certify veterans and eligible dependents 

for benefits, as well as help finance SCOs to attend VA-conducted 

training. The Committee has heard concerns from SCOs that the 

reporting fees paid to the schools for the work the SCOs do, are 

often placed into the school’s general fund, which then pays for 

other programs at the IHL. The Committee believes that these fees 

should remain solely for the administrative costs of certifying veterans’ benefits and for the training of the SCOs and not for other 

missions and programs of the schools that are not related to veterans or the benefits they receive from VA. 

Section 7 of H.R. 5178, as amended, would reiterate the intent 

of section 3684(c) of title 38, U.S.C., requiring VA to issue reporting 

fees to G.I. Bill approved schools and that these fees be used by 

the schools only for SCO training and administrative costs of certifying education assistance benefits. Section 7 would also amend 

section 3684(c) of title 38, U.S.C., to prohibit any institution with 

more than 75 students from merging any of the reporting fees received from VA into the school’s general fund. The Committee understands that smaller institutions with fewer G.I. Bill certified 

students may not have separate funds for the SCOs and may put 

all fees into a general fund while still utilizing the reporting fees 


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for the requirements of section 3684 of title 38, U.S.C. The Committee, however, wants to ensure that any school with more than 

75 G.I. Bill certified students does not allow the reporting fees to 

go into the institution’s general fund and must be a separate fund 

for the SCOs and the cost of administering education benefits. The 

Committee hopes that by reiterating the requirements of section 

3684 of title 38, U.S.C., and by placing this new requirement on 

schools to not include money received from VA into their general 

fund, will further improve training and the administration of VA 

education assistance benefits. 

Section 8—Department of Veterans Affairs Inspector General heightened scrutiny of programs of education 

As mentioned above, according to the Department, VA has paid 

approximately $60.2 billion dollars in Post-9/11 GI Bill benefits for 

college and technical training to more than 1.5 million students 

from August 2009 to February 2016. The Committee believes that 

most education programs receiving these funds do an excellent job 

educating our nation’s veterans, but unfortunately, there have been 

several examples of schools that recruit veterans to low-quality, 

high-cost education programs merely to access their GI Bill dollars. 

The VA has current statutory authority under Section 3696(a) of 

title 38, U.S.C., to revoke G.I. Bill eligibility for IHLs when it is 

determined that they have used ‘‘advertising, sales, or enrollment 

practices of any type which are erroneous, deceptive, or misleading.’’ However, VA does not have the resources to investigate 

every school that may be utilizing inappropriate practices to recruit 

and retain students at their schools. 

Fortunately, several other Federal agencies, as well as the 

States, are also responsible for eradicating deceptive practices 

among schools receiving government funds. The Department of 

Education, Federal Trade Commission, Consumer Financial Protection Bureau, Department of Justice, and other agencies, in addition 

to several State Attorneys General and states’ Departments of Education are able to investigate IHLs when necessary and take actions against them when appropriate. In some cases, these agencies 

have made determinations or allegations that a school misled students in violation of Federal or State policy, but because VA and 

the SAAs have continued to approve the school, student veterans 

continued to expend their limited G.I. Bill benefits at the school. 

For example, the VA failed to take action under section 3696 of 

title 38, U.S.C., when the Department of Education suspended and 

then revoked eligibility for Corinthian Colleges, Inc., to receive 

Title IV education benefits, although the approval of several campuses were withdrawn or suspended based on action of several 

SAAs. Soon thereafter, Corinthian Colleges went bankrupt, and 

student veterans who had been attending lost the time, effort, and 

limited G.I. Bill eligibility they had expended at a school that no 

longer existed. While the Committee does not believe that VA must 

revoke approval of a school following every final finding or settlement against a school for deceptive or misleading practices, the 

Committee does want there to be full transparency between 

schools, VA, and student veterans, as well as their eligible dependents, when these instances occur. 


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Section 8 of H.R. 5178, as amended, would require the VAOIG 

to apply heightened scrutiny when another Federal agency or a 

State agency makes a final judgement or settlement that an education program has used deceptive or misleading practices that potentially violate section 3696(a) of title 38, U.S.C. The VAOIG has 

flexibility to determine application of ‘‘heightened scrutiny,’’ but in 

general, the goal is to require the VAOIG to take a look at a 

school’s records when another Federal agency, or a State, finds that 

the school has used deceptive or misleading practices, to examine 

whether the school’s eligibility for VA education assistance benefits 

may be impacted. 

This Section would also require VA to notify student veterans 

that their school is facing heightened scrutiny under these circumstances in addition to VA’s current practice of adding a caution 

flag to the G.I. Bill Comparison Tool in these instances. Section 8 

would also require VA to recommend to impacted G.I. Bill users 

that they request a copy of their transcript from the school’s registrar and seek counseling from a college advisor or other entity to 

understand their options to transfer earned credits to another G.I. 

Bill eligible IHL. This knowledge will empower student veterans to 

choose the best use of their hard-earned VA education benefits. 

Section 8 would also require the VA to monitor both State and 

Federal allegations of deceptive and misleading practices at schools 

that offer courses of education approved for G.I. Bill benefits. The 

goal is to increase awareness of the efforts of other government 

agencies and improve their communication to prevent fraud and 

abuse by schools that receive any government funding. VA should 

not have to reinvent the wheel each time it suspects a school may 

not be serving student veterans. This provision would be an additional tool to eliminate the silo effect among separate government 

agencies that are all concerned about the same problem: identifying 

schools that prioritize marketing to and recruiting students who receive government education funding, rather than prioritizing the 

quality of the education they offer or the graduation and employment outcomes that will best serve those students. 

Section 9—Department of Veterans Affairs disapproval of courses of 

education offered by institutions of higher learning accused of 

certain deceptive or misleading practices 

Section 9 of H.R. 5178, as amended, would require the Secretary 

to disapprove a course of education if the Secretary determines that 

the VAOIG’s findings show that an IHL has used advertising, 

sales, or enrollment practices which are erroneous, deceptive, or 

misleading, in violation of section 3696(a) of title 38, U.S.C. In effect, while Section 8 of this bill would provide a new mechanism 

for VA to determine whether a school has used deceptive practices, 

Section 9 would simply require VA to implement current law. Section 9 would also require VA to provide counseling services to any 

Post-9/11 G.I. Bill beneficiary enrolled in a program of education 

that has been disapproved, to help him or her transfer to a quality 

IHL. 

HEARINGS

On April 14, 2016, the Subcommittee on Economic Opportunity 

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troduced during the 114th Congress, including the drafts of H.R. 

5174, H.R. 5175, and H.R. 5178, all of which are included in H.R. 

5178, as amended. 

The following witnesses testified: 

The Honorable Jeff Miller, U.S. House of Representatives, 

1st District of Florida; The Honorable David McKinley, U.S. 

House of Representatives, 1st District of West Virginia; The 

Honorable Paul Cook, U.S. House of Representatives, 8th District of California; The Honorable Martha McSally, U.S. House 

of Representatives, 2nd District of Arizona; Mr. Curtis L. Coy, 

Deputy Under Secretary for Economic Opportunity, Veterans 

Benefits Administration, U.S. Department of Veterans Affairs, 

who was accompanied by Ms. Carin Otero, Associate Deputy 

Assistant Secretary for HR Policy and Planning, Office of 

Human Resources and Administration, U.S. Department of 

Veterans Affairs; Mr. Sam Shellenberger, Deputy Assistant 

Secretary for Operations, Veterans’ Employment and Training 

Service, U.S. Department of Labor; Mr. Davy Leghorn, Assistant Director of the Veterans Employment and Education Division, The American Legion; Dr. Joseph W. Wescott, Legislative 

Director, National Association of State Approving Agencies; 

Mr. Walter Ochinko, Policy Director, Veterans Education Success; Mr. Jared Lyon, President & CEO, Student Veterans of 

America; and Mr. Aleks Morosky, Deputy Director of the National Legislative Service, Veterans of Foreign Wars of the 

United States. 

A Statement for the Record was submitted by the following: 

Office of Inspector General, U.S. Department of Veterans Affairs. 

SUBCOMMITTEE CONSIDERATION

On May 11, 2016, the Subcommittee on Economic Opportunity 

met in open markup session, a quorum being present, and ordered 

H.R. 5174, as amended, H.R. 5175, and H.R. 5178 favorably forwarded to the full Committee. During consideration of the bills, the 

following amendments were considered: 

An amendment offered by Representative Mark Takano of 

California to H.R. 5174, to remove the provision that would require a decrease to the cost of living adjustment for Chapter 

35 and Montgomery G.I. Bill recipients. The amendment was 

not agreed to and failed by voice vote. 

A second amendment offered by Representative Mark 

Takano of California to H.R. 5174, to clarify that an individual’s basic allowance for housing stipend would only be reduced for a student whose rate of pursuit drops to less than 

full time. The amendment was agreed to and passed by voice 

vote. 

A motion by Representative Mark Takano to favorably forward 

H.R. 5174, H.R. 5175, as amended, and H.R. 5178, to the full Committee was agreed to by voice vote. 

COMMITTEE CONSIDERATION

On May 18, 2016, the full Committee met in open markup session, a quorum being present, and ordered H.R. 5178, as amended, 


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favorably reported to the House of Representatives by voice vote. 

During consideration of the bill, the following amendments were 

considered: 

An amendment in the nature of a substitute offered by Representative Brad Wenstrup of Ohio, which combined the text of 

H.R. 5174, as amended, H.R. 5175, and H.R. 5178. The amendment in the nature of a substitute was agreed to by the full 

Committee by a recorded vote of 14 yeas, 9 noes, and 1 Member not voting. 

An amendment to the amendment in the nature of substitute 

offered by Representative Mark Takano of California, which 

would have removed the provision that would require a decrease to the cost of living adjustment for Chapter 35 and 

Montgomery G.I. Bill recipients. The amendment to the 

amendment in the nature of a substitute was not agreed to by 

the full Committee by a recorded vote of 10 yeas, 13 noes, and 

1 Member not voting. 

A motion by Representative Doug Lamborn of Colorado to favorably report H.R. 5178, as amended, to the U.S. House of Representatives was adopted by voice vote. 

COMMITTEE VOTES

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

House of Representatives, the results of the recorded votes that 

were taken on amendments or in connection with ordering H.R. 

5178, as amended, reported to the House, are as follows: 

An amendment in the nature of a substitute offered by Representative Brad Wenstrup of Ohio, which combined the text of 

H.R. 5174, as amended, H.R. 5175, and H.R. 5178. The amendment in the nature of a substitute was agreed to by the Full 

Committee by a recorded vote of 14 yeas, 9 noes, and 1 Member not voting. 

An amendment to the amendment in the nature of substitute 

offered by Representative Mark Takano of California, which 

would have removed the provision that would require a decrease to the cost of living adjustment for Chapter 35 and 

Montgomery G.I. Bill recipients. The amendment to the 

amendment in the nature of a substitute was not agreed to by 

the full Committee on a recorded vote of 10 yeas, 13 noes, and 

1 Member not voting. 


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COMMITTEE OVERSIGHT FINDINGS

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

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

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

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

House of Representatives, the Committee’s performance goals and 

objectives are that the Secretary will use these provisions to improve education programs and opportunities provided to veterans 

and their dependents through the G.I. Bill, while also improving 

oversight of schools where veterans and their dependents are using 

their G.I. Bill benefits. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 5178, as amended, does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

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

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 5178, 

as amended, prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act of 

1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

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

of Representatives, the following is the cost estimate for H.R. 5178, 

as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 19, 2016. 

Hon. JEFF MILLER, 

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. 5178, the Veterans Success on Campus Act of 2016. 


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

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

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

H.R. 5178—Veterans Success on Campus Act of 2016 

Summary: H.R. 5178 would reduce the cost-of-living adjustment 

(COLA) for recipients of certain education benefits that are administered by the Department of Veterans Affairs (VA). The bill also 

would increase the total amount of education benefits that are 

available under the Post-9/11 GI Bill. In total, the bill would reduce 

net direct spending by $18 million over the 2017–2026 period, CBO 

estimates. 

Pay-as-you-go procedures apply because enacting the legislation 

would affect direct spending. Enacting the bill would not affect revenues. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

H.R. 5178 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 5178 is shown in the following table. The costs 

of this legislation fall within budget function 700 (veterans benefits 

and services). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASES OR DECREASES (¥) IN DIRECT SPENDING 

COLA Round Down: 

Estimated Budget Authority ....................... ¥1 ¥1 ¥1 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥3 ¥7 ¥21 

Estimated Outlays ........ ¥1 ¥1 ¥1 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥3 ¥7 ¥21 

Payments for Tests: 

Estimated Budget Authority ....................... * * * * * * * * * * 1 3 

Estimated Outlays ........ * * * * * * * * * * 1 3 

Total Changes: 

Estimated Budget 

Authority .......... ¥1 ¥1 ¥1 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥3 ¥6 ¥18 

Estimated Outlays ¥1 ¥1 ¥1 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥3 ¥6 ¥18 

Note: Details do not add to totals because of rounding; COLA = Cost-of-Living Adjustment; * = less than $500,000. 

Basis of estimate: CBO assumes that the bill will be enacted 

near the start of fiscal year 2017. Enacting H.R. 5178 would affect 

the education benefits available under three programs administered by VA. The bill would reduce the cost-of-living adjustment 

(COLA) for two programs and would increase the total benefits 

available under the Post-9/11 GI Bill for some beneficiaries who 

take certain tests. 

COLA round down: The monthly benefits paid under the educational assistance program for survivors and dependents and the 

Montgomery GI Bill are increased annually by changes in the cost 


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of living. Under section 4 of the bill, the amount of those adjusted 

payments would be rounded down to the next whole dollar for fiscal 

years 2017 through 2024. Based on CBO’s projected payments for 

each year, CBO estimates that enacting section 4 would reduce direct spending by $21 million over the 2017–2026 period. 

Payments for tests: Section 3 would change the method that VA 

uses to reimburse veterans for licensing and certification tests, or 

for national testing programs such as the SAT, an admissions test 

for colleges. Beneficiaries can be reimbursed up to $2,000 per test 

under current law and veterans education benefits are reduced by 

one month for every $1,833 or less paid for such tests, rounded to 

the nearest nonzero whole month. (That amount is adjusted annually for inflation.) The average amount VA pays per test is about 

$600. 

Under section 3, those benefits would be reduced by a fraction of 

a month based on the actual costs of the tests. On the basis of data 

from VA, CBO estimates that beneficiaries who take such tests 

would be eligible for an additional two-thirds of a month of benefits 

if the bill was enacted. However, VA would only make additional 

payments for students who exhaust their benefit under current 

law. 

Very few beneficiaries are reimbursed for such tests—about 

3,200 in 2015. Furthermore, VA will pay the full monthly benefit 

for veterans and service members whose remaining entitlement is 

less than a month. That continuation policy does not apply to 

spouses and children with transferred education benefits, who account for about 20 percent of people who use those benefits. On 

that basis, CBO estimates that each year about 250 people would 

receive an additional $1,000 in education benefits under section 3. 

Payments would be less than $500,000 each year and would total 

$3 million over the 2017–2026 period, CBO estimates. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5178 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON VETERANS’ AFFAIRS ON MAY 18, 2016 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016– 

2021 

2016– 

2026 

NET INCREASE OR DECREASE (¥) IN THE [ON BUDGET] DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 ¥1 ¥1 ¥1 ¥2 ¥2 ¥2 ¥3 ¥3 ¥3 ¥3 ¥6 ¥18 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2027. 

Intergovernmental and private sector impact: H.R. 5178 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 


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Estimate prepared by: Federal Costs: David Newman; Impact on 

State, Local, and Tribal Governments: Jon Sperl; Impact on the 

Private Sector: Paige Piper/Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 5178, as amended, prepared by the Director 

of the Congressional Budget Office pursuant to section 423 of the 

Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

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

Federal Advisory Committee Act would be created by H.R. 5178, as 

amended. 

STATEMENT OF CONSTITUTIONAL AUTHORITY

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

H.R. 5178, 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. 5178, 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 section 3(g) of H. Res. 5, 114th Cong. (2015), the 

Committee finds that no provision of H.R. 5178, 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, 114th Cong. (2015), the 

Committee estimates that H.R. 5178, as amended, contains no directed rule making that would require the Secretary to prescribe 

regulations. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 cites the short title of H.R. 5178, as amended, to be the 

‘‘Veterans Success on Campus Act of 2016.’’ 


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Section 2. Department of Veterans Affairs provision of on-campus 

education and vocational counseling for veterans 

Section 2(a) would amend chapter 36 of title 38, U.S.C., to create 

a new section entitled, ‘‘§ 3697B. On-campus educational and vocational counseling.’’ This section would require the Secretary to provide educational and vocational counseling services, as stipulated 

in section 3697A of title 38, U.S.C., on college campuses for veterans. This section would also require the Secretary to select the 

locations where these services would be provided at campuses 

where the maximum number of veterans would have access to and 

be eligible for such services. It would also require that no later 

than 180 days following enactment, and annually after that, the 

Secretary shall provide a report on the counseling services provided 

to veterans under this section, including: (1) the average ratio of 

counselors providing services at each location; (2) a description of 

the services provided; (3) the Secretary’s recommendations for improving the counseling services; and (4) other matters the Secretary determines appropriate. 

Section 2(b) would make a clerical amendment to the table of sections for chapter 35 of title 38, U.S.C., to include this new section 

3687A. 

Section 3. Charge to entitlement for certain licensure and certification tests and national tests under Department of Veterans 

Affairs post-9/11 educational assistance program 

Section 3(a) would amend section 3315(c) of title 38, U.S.C., by 

striking that an individual’s entitlement shall be charged for a 

whole month for one licensure and certification test, and inserting 

that an individual’s entitlement shall be pro-rated based on the actual amount of the fee charged for the test. 

Section 3(b) would amend section 3315A of title 38, U.S.C., to 

allow an individual to be entitled to educational assistance under 

chapter 33 of title 38, U.S.C., for a national test that evaluates 

prior learning and knowledge and provides an opportunity for 

course credit at an IHL. This Section would further amend section 

3315A of title 38, U.S.C., by striking that an individual’s entitlement shall be charged for a whole month for one national test, and 

inserting that an individual’s entitlement shall be pro-rated based 

on the actual amount of the fee charged for the test. 

Section 3(c) would make the changes made in sections 3(a) and 

3(b) effective for any test taken after 90 days of enactment. 

Section 4. Modification of percentage increase in rates payable 

under Department of Veterans Affairs education assistance programs 

Section 4(a) would amend section 3015(h)(2) of title 38, U.S.C., 

by striking fiscal year 2014 and inserting fiscal year 2025 and by 

striking fiscal year 2013 and inserting 2024 to extend the round 

down for chapter 30 educational assistance to the next whole dollar 

amount. 

Section 4(b) would amend section 3564(b) of title 38, U.S.C., by 

striking fiscal year 2014 and inserting fiscal year 2025 and by 

striking fiscal year 2013 and inserting 2024 to extend the round 

down for chapter 35 educational assistance to the next whole dollar 

amount. 


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Section 5. Extension of authority for veterans’ advisory committee on 

education 

This section would amend section 3692(c) in title 38, U.S.C., by 

striking December 31, 2016, and inserting December 31, 2021. This 

amendment would extend the Secretary’s advisory committee on 

education for five more years. 

Section 6. Training for school certifying officials 

Section 6(a) would require the Secretary, in consultation with the 

SAAs, to set forth training requirements for SCOs employed at 

IHLs where courses are approved under chapter 36 of title 38, 

U.S.C. Section 6(a) would also allow the Secretary to disapprove 

any course at an IHL if the school does not ensure the SCO meets 

the training requirements. 

Section 6(b) makes the following definitions for the amendments 

made in Section 6(a): a ‘‘covered individual’’ means an educational 

institution that has enrolled 20 or more individuals at the IHL who 

are using education assistance provided under title 38, U.S.C.; the 

term ‘‘school certifying official’’ means an employee of an IHL with 

the primary responsibility of certifying veteran enrollment at the 

IHL; and the term ‘‘State approving agency’’ means a department 

or agency of a State designated under section 3671 of title 38, 

U.S.C. 

Section 7. Limitation on use of reporting fees payable to education 

institutions and joint apprenticeship training committees 

Section 7 would amend section 3684(c) of title 38, U.S.C., to include in the requirements of what reporting fees may be used for 

at an IHL or joint apprenticeship training committee with 75 or 

more enrollees eligible for chapters, 31, 34, 25, or 36 of title 38, 

U.S.C., that none of the fees may be used for or merged with 

amounts available for the IHL’s or the joint apprenticeship training 

committee’s general fund. 

Section 8. Department of veterans affairs inspector general heightened scrutiny of programs of education 

Section 8(a) would amend subchapter II of chapter 36 of title 38, 

U.S.C., to create a new section entitled, ‘‘§ 3699. Inspector General 

heightened scrutiny of programs of education.’’ This Section would 

require the VAOIG to apply heightened scrutiny to any IHL if any 

Federal or State agency has made a final judgement or settlement 

that the IHL used deceptive or misleading practices that are potentially in violation of section 3696 of title 38, U.S.C. This Section 

would also require the Secretary, after the VAOIG applies heightened scrutiny to an IHL, to notify any students enrolled at the IHL 

and who are entitled to educational assistance under title 38, 

U.S.C., of the heightened scrutiny and the reasons for the heightened scrutiny. The Secretary would also be required to provide advice to any individual who receives notice of the heightened scrutiny applied under this subsection, that the individual should request a copy of their transcript and seek counseling from an appropriate advisor about transferring any credits they earned while attending that IHL. Lastly, Section 8(a) would require the Secretary 

to monitor any allegations of deceptive and misleading practices 

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gation on the G.I. Bill Comparison Tool or any similar VA Internet 

website. 

Section 8(b) would make a clerical amendment to the table of sections for chapter 36 of title 38, U.S.C., to include this new section 

3699. 

Section 9. Department of Veterans Affairs disapproval of courses of 

education offered by institutions of higher learning accused of 

certain deceptive or misleading practices 

Section 9 would amend section 3679 of title 38, U.S.C., by adding 

a new subsection that would require the Secretary to disapprove a 

course of education provided by an IHL if the Secretary determines 

that pursuant to the heightened scrutiny applied by the VAOIG 

under section 3699 of title 38, U.S.C., an IHL engaged in practices 

that are in violation of section 3696 of title 38, U.S.C. This Section 

would also require the Secretary to provide counseling services to 

individuals enrolled in a course of education that is disapproved 

under this Section to assist them in transferring their credits to 

another IHL. 

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, 

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 30—ALL-VOLUNTEER FORCE EDUCATIONAL 

ASSISTANCE PROGRAM 

* * * * * * * 

SUBCHAPTER II—BASIC EDUCATIONAL ASSISTANCE 

* * * * * * * 


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§ 3015. Amount of basic educational assistance 

(a) The amount of payment of educational assistance under this 

chapter is subject to section 3032 of this title. Except as otherwise 

provided in this section, in the case of an individual entitled to an 

educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is 

three years, a basic educational assistance allowance under this 

subchapter shall be paid— 

(1) for an approved program of education pursued on a fulltime basis, at the monthly rate of— 

(A) for months occurring during the period beginning on 

August 1, 2008, and ending on the last day of fiscal year 

2009, $1,321; and 

(B) for months occurring during a subsequent fiscal year, 

the amount for months occurring during the previous fiscal 

year increased under subsection (h); or 

(2) at an appropriately reduced rate, as determined under 

regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time 

basis. 

(b) In the case of an individual entitled to an educational assistance allowance under section 3011 or 3018 of this title whose obligated period of active duty on which such entitlement is based is 

two years, a basic educational assistance allowance under this 

chapter shall (except as provided in the succeeding subsections of 

this section)be paid— 

(1) for an approved program of education pursued on a fulltime basis, at the monthly rate of— 

(A) for months occurring during the period beginning on 

August 1, 2008, and ending on the last day of fiscal year 

2009, $1,073; and 

(B) for months occurring during a subsequent fiscal year, 

the amount for months occurring during the previous fiscal 

year increased under subsection (h); or 

(2) at an appropriately reduced rate, as determined under 

regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time 

basis. 

(c)(1) The amount of basic educational allowance payable under 

this chapter to an individual referred to in paragraph (2) of this 

subsection is the amount determined under subsection (a) of this 

section. 

(2) Paragraph (1) of this subsection applies to an individual entitled to an educational assistance allowance under section 3011 of 

this title— 

(A) whose obligated period of active duty on which such entitlement is based is less than three years; 

(B) who, beginning on the date of the commencement of such 

obligated period of active duty, serves a continuous period of 

active duty of not less than three years; and 

(C) who, after the completion of that continuous period of active duty, meets one of the conditions set forth in subsection 

(a)(3) of such section 3011. 

(d)(1) In the case of an individual who has a skill or specialty 

designated by the Secretary concerned as a skill or specialty in 


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which there is a critical shortage of personnel or for which it is difficult to recruit, the Secretary concerned, pursuant to regulations 

to be prescribed by the Secretary of Defense, may, at the time the 

individual first becomes a member of the Armed Forces, increase 

the rate of the basic educational assistance allowance applicable to 

such individual to such rate in excess of the rate prescribed under 

subsections (a), (b), and (c) of this section as the Secretary of Defense considers appropriate, but the amount of any such increase 

may not exceed $950 per month. 

(2) In the case of an individual who after October 7, 1997, receives an enlistment bonus under section 308a or 308f of title 37, 

receipt of that bonus does not affect the eligibility of that individual for an increase under paragraph (1) in the rate of the basic 

educational assistance allowance applicable to that individual, and 

the Secretary concerned may provide such an increase for that individual (and enter into an agreement with that individual that the 

United States agrees to make payments pursuant to such an increase) without regard to any provision of law (enacted before, on, 

or after the date of the enactment of this paragraph) that limits the 

authority to make such payments. 

(e)(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2) of this subsection, in the case 

of an individual who on December 31, 1989, was entitled to educational assistance under chapter 34 of this title, the rate of the 

basic educational assistance allowance applicable to such individual 

under this chapter shall be increased by the amount equal to onehalf of the educational assistance allowance that would be applicable to such individual under such chapter 34 (as of the time the 

assistance under this chapter is provided and based on the rates 

in effect on December 31, 1989) if such chapter were in effect. 

(B) Notwithstanding subparagraph (A) of this paragraph, in the 

case of an individual described in that subparagraph who is pursuing a cooperative program on or after October 9, 1996, the rate 

of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal 

to one-half of the educational assistance allowance that would be 

applicable to such individual for pursuit of full-time institutional 

training under chapter 34 (as of the time the assistance under this 

chapter is provided and based on the rates in effect on December 

31, 1989) if such chapter were in effect. 

(2) The number of months for which the rate of the basic educational assistance allowance applicable to an individual is increased under paragraph (1) of this subsection may not exceed the 

number of months of entitlement to educational assistance under 

chapter 34 of this title that the individual had remaining on December 31, 1989. 

(f) In the case of an individual for whom the Secretary of Defense 

made contributions under section 3222(c) of this title and who is 

entitled to educational assistance under section 3018A, 3018B, or 

3018C of this chapter, the Secretary shall increase the rate of the 

basic educational assistance allowance applicable to such individual 

in excess of the rate provided under subsection (a) of this section 

in a manner consistent with, as determined by the Secretary of Defense, the agreement entered into with such individual pursuant to 


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the rules and regulations issued by the Secretary of Defense under 

section 3222(c) of this title. 

(g) In the case of an individual who has made contributions authorized by section 3011(e) or 3012(f) of this title, effective as of the 

first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned, the monthly 

amount of basic educational assistance allowance applicable to such 

individual under subsection (a), (b), or (c) shall be the monthly rate 

otherwise provided for under the applicable subsection increased 

by— (1) an amount equal to $5 for each $20 contributed by such 

individual under section 3011(e) or 3012(f) of this title, as the 

case may be, for an approved program of education pursued on 

a full-time basis; or 

(2) an appropriately reduced amount based on the amount so 

contributed, as determined under regulations which the Secretary shall prescribe, for an approved program of education 

pursued on less than a full-time basis. 

(h)(1) With respect to any fiscal year, the Secretary shall provide 

a percentage increase in the rates payable under subsections (a)(1) 

and (b)(1) equal to the percentage by which— 

(A) the average cost of undergraduate tuition in the United 

States, as determined by the National Center for Education 

Statistics, for the last academic year preceding the beginning 

of the fiscal year for which the increase is made, exceeds 

(B) the average cost of undergraduate tuition in the United 

States, as so determined, for the academic year preceding the 

academic year described in subparagraph (A). 

(2) Any increase under paragraph (1) in a rate with respect to 

a fiscal year after fiscal year 2004 and before øfiscal year 2014¿ fiscal year 2025 shall be rounded down to the next lower whole dollar 

amount. Any such increase with respect to a fiscal year after øfiscal year 2013¿ fiscal year 2024 shall be rounded to the nearest 

whole dollar amount. 

* * * * * * * 

CHAPTER 33—POST-9/11 EDUCATIONAL ASSISTANCE 

* * * * * * * 

SUBCHAPTER II—EDUCATIONAL ASSISTANCE 

* * * * * * * 

§ 3315. Licensure and certification tests 

(a) IN GENERAL.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for licensing or certification tests described in section 3452(b). 

(b) LIMITATION ON AMOUNT.—The amount payable under subsection (a) for a licensing or certification test may not exceed the 

lesser of— 

(1) $2,000; 

(2) the fee charged for the test; or 

(3) the amount of entitlement available to the individual 

under this chapter at the time of payment for the test under 

this section. 


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(c) CHARGE AGAINST ENTITLEMENT.—The charge against an individual’s entitlement under this chapter for payment for a licensing 

or certification test øshall be determined at the rate of one month 

(rounded to the nearest whole month) for each amount paid that 

equals—¿ 

ø(1) for the academic year beginning on August 1, 2011, $1,460; or 

ø(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning 

on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).¿ shall be pro-rated based on 

the actual amount of the fee charged for the test. 

§ 3315A. National tests 

(a) IN GENERAL.—An individual entitled to educational assistance under this chapter shall also be entitled to educational assistance for the following: 

(1) A national test for admission to an institution of higher 

learning as described in the last sentence of section 3452(b). 

(2) A national test providing an opportunity for course credit 

at an institution of higher learning as so described. 

(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. 

(b) AMOUNT.—The amount of educational assistance payable 

under this chapter for a test described in subsection (a) is the lesser of— 

(1) the fee charged for the test; or 

(2) the amount of entitlement available to the individual 

under this chapter at the time of payment for the test under 

this section. 

(c) CHARGE AGAINST ENTITLEMENT.—The number of months of 

entitlement charged an individual under this chapter for a test described in subsection (a) øshall be determined at the rate of one 

month (rounded to the nearest whole month) for each amount paid 

that equals—¿ 

ø(1) for the academic year beginning on August 1, 2011, $1,460; or 

ø(2) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning 

on August 1 under this subsection, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).¿ shall be pro-rated based on 

the actual amount of the fee charged for the test. 

* * * * * * * 

CHAPTER 35—SURVIVORS’ AND DEPENDENTS’ 

EDUCATIONAL ASSISTANCE 

* * * * * * * 

SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 

* * * * * * * 


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§ 3564. Annual adjustment of amounts of educational assistance 

(a) With respect to any fiscal year, the Secretary shall provide a 

percentage increase in the rates payable under sections 3532, 

3534(b), and 3542(a) of this title equal to the percentage by 

which— 

(1) the Consumer Price Index (all items, United States city 

average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase 

is made, exceeds 

(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1). 

(b) Any increase under subsection (a) in a rate with respect to 

a fiscal year after fiscal year 2004 and before øfiscal year 2014¿ fiscal year 2025 shall be rounded down to the next lower whole dollar 

amount. Any such increase with respect to a fiscal year after øfiscal year 2013¿ fiscal year 2024 shall be rounded to the nearest 

whole dollar amount. 

* * * * * * * 

CHAPTER 36—ADMINISTRATION OF EDUCATIONAL 

BENEFITS 

SUBCHAPTER I—STATE APPROVING AGENCIES 

Sec. 

3670. Scope of approval. 

* * * * * * * 

SUBCHAPTER II—MISCELLANEOUS PROVISIONS 

* * * * * * * 

3697B. On-campus educational and vocational counseling. 

* * * * * * * 

3699. Inspector General heightened scrutiny of programs of education. 

SUBCHAPTER I—STATE APPROVING AGENCIES 

* * * * * * * 

§ 3679. Disapproval of courses 

(a) Any course approved for the purposes of this chapter which 

fails to meet any of the requirements of this chapter shall be immediately disapproved by the Secretary or the appropriate State approving agency. An educational institution which has its courses 

disapproved by the Secretary or a State approving agency will be 

notified of such disapproval by a certified or registered letter of notification and a return receipt secured. 

(b) Each State approving agency shall notify the Secretary of 

each course which it has disapproved under this section. The Secretary shall notify the State approving agency of the Secretary’s 

disapproval of any educational institution under chapter 31 of this 

title. 

(c)(1) Notwithstanding any other provision of this chapter and 

subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of 

higher learning if the institution charges tuition and fees for that 


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course for covered individuals who are pursuing the course with 

educational assistance under chapter 30 or 33 of this title while living in the State in which the institution is located at a rate that 

is higher than the rate the institution charges for tuition and fees 

for that course for residents of the State in which the institution 

is located, regardless of the covered individual’s State of residence. 

(2) For purposes of this subsection, a covered individual is any 

individual as follows: 

(A) A veteran who was discharged or released from a period 

of not fewer than 90 days of service in the active military, 

naval, or air service less than three years before the date of enrollment in the course concerned. 

(B) An individual who is entitled to assistance under section 

3311(b)(9) or 3319 of this title by virtue of such individual’s relationship to a veteran described in subparagraph (A). 

(3) If after enrollment in a course of education that is subject to 

disapproval under paragraph (1) by reason of paragraph (2)(A) or 

(2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously 

enrolled shall also be subject to disapproval under paragraph (1). 

(4) It shall not be grounds to disapprove a course of education 

under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the 

institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the 

State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be 

charged tuition and fees for that course at a rate that is equal to 

or less than the rate the institution charges for tuition and fees for 

that course for residents of the State. 

(5) The Secretary may waive such requirements of paragraph (1) 

as the Secretary considers appropriate. 

(6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this 

title. 

(d)(1) The Secretary shall disapprove a course of education provided by an institution of higher learning if the Secretary determines pursuant to heightened scrutiny applied by the Inspector General under section 3699 of this title that the institution of higher 

learning has engaged in practices that are in violation of section 

3696 of this title. 

(2) The Secretary shall provide counseling services to individuals 

enrolled in a course of education disapproved under paragraph (1) 

to assist such individuals in transferring to another institution of 

higher learning. 

SUBCHAPTER II—MISCELLANEOUS PROVISIONS 

* * * * * * * 


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§ 3684. Reports by veterans, eligible persons, and institutions; reporting fee 

(a)(1) Except as provided in paragraph (2) of this subsection, the 

veteran or eligible person and the educational institution offering 

a course in which such veteran or eligible person is enrolled under 

chapter 31, 34, 35, or 36 of this title shall, without delay, report 

to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of 

each such veteran or eligible person. The date of such interruption 

or termination will be the last date of pursuit, or, in the case of 

correspondence training, the last date a lesson was serviced by a 

school. 

(2)(A) In the case of a program of independent study pursued on 

less than a half-time basis in an educational institution, the Secretary may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the 

educational institution requests the delay and the Secretary determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s 

pursuit of such program. 

(B) An educational institution which, pursuant to subparagraph 

(A) of this paragraph, is delaying the reporting of the enrollment 

or reenrollment of a veteran shall provide the veteran with notice 

of the delay at the time that the veteran enrolls or reenrolls. 

(3)(A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester 

basis may certify the enrollment of a veteran who is not on active 

duty, or of an eligible person, in such courses for more than one 

term, quarter, or semester at a time, but not for a period extending 

beyond the end of a school year (including the summer enrollment 

period). 

(B) Subparagraph (A) of this paragraph shall not apply with respect to any term, quarter, or semester for which the veteran or eligible person is enrolled on a less than half-time basis and shall not 

be construed as restricting the Secretary from requiring that an 

educational institution, in reporting an enrollment for more than 

one term, quarter, or semester, specify the dates of any intervals 

within or between any such terms, quarters, or semesters. 

(b) The Secretary, prior to making payment of a reporting fee to 

an educational institution, as provided for in subsection (c) of this 

section, shall require such institution to certify that it has exercised reasonable diligence in determining whether such institution 

or any course offered by such institution approved for the enrollment of veterans or eligible persons meets all of the applicable requirements of chapters 31, 34, 35, and 36 of this title and that it 

will, without delay, report any failure to meet any such requirement to the Secretary. 

ø(c) 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 joint apprenticeship training committee is 

required to submit to the Secretary by law or regulation. Such reVerDate Sep 11 2014 02:05 Sep 11, 2016 Jkt 059006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6601 E:\HR\OC\HR727.XXX HR727

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porting fee shall be computed for each calendar year by multiplying 

$12 by the number of eligible veterans or eligible persons enrolled 

under this chapter or chapter 31, 34, or 35 of this title, or $15 in 

the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution 

for temporary custody and delivery and are delivered at the time 

of registration as provided under section 3680(d)(4) of this title, 

during the calendar year. The reporting fee shall be paid to such 

educational institution or joint apprenticeship training committee 

as soon as feasible after the end of the calendar year for which it 

is applicable. 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. Any reporting fee paid an 

educational institution or joint apprenticeship training committee 

after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 shall be utilized by 

such institution or committee 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. The reporting fee 

payable under this subsection shall be paid from amounts appropriated for readjustment benefits.¿ 

(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 joint apprenticeship training committee is required to submit to the Secretary by law or regulation. 

(2) Such reporting fee shall be computed for each calendar year 

by multiplying $12 by the number of eligible veterans or eligible 

persons enrolled under this chapter or chapter 31, 34, or 35 of this 

title, or $15 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of 

each institution for temporary custody and delivery and are delivered at the time of registration as provided under section 3680(d)(4) 

of this title, during the calendar year. The reporting fee shall be 

paid to such educational institution or joint apprenticeship training 

committee 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 joint 

apprenticeship training committee after the date of the enactment of 

the Post-9/11 Veterans Educational Assistance Improvements Act of 

2011 (Public Law 111–377)— 


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(A) shall be utilized by such institution or committee 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 75 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 joint apprenticeship training committee. 

(5) The reporting fee payable under this subsection shall be paid 

from amounts appropriated for readjustment benefits. 

(d) Not later than 90 days after the date of the enactment of this 

subsection, the Secretary shall ensure that the Department provides personnel of educational institutions who are charged with 

submitting reports or certifications to the Secretary under this section with assistance in preparing and submitting such reports or 

certifications. 

* * * * * * * 

§ 3692. Advisory committee 

(a) There shall be a Veterans’ Advisory Committee on Education 

formed by the Secretary which shall be composed of persons who 

are eminent in their respective fields of education, labor, and management and of representatives of institutions and establishments 

furnishing education to eligible veterans or persons enrolled under 

chapter 30, 32, 33, or 35 of this title and chapter 1606 of title 10. 

The committee shall also, to the maximum extent practicable, include veterans representative of World War II, the Korean conflict 

era, the post-Korean conflict era, the Vietnam era, the post-Vietnam era, and the Persian Gulf War. The Assistant Secretary of 

Education for Postsecondary Education (or such other comparable 

official of the Department of Education as the Secretary of Education may designate) and the Assistant Secretary of Labor for Veterans’ Employment and Training shall be ex officio members of the 

advisory committee. 

(b) The Secretary shall consult with and seek the advice of the 

committee from time to time with respect to the administration of 

this chapter, chapters 30, 32, 33, and 35 of this title, and chapter 

1606 of title 10. The committee may make such reports and recommendations as it considers desirable to the Secretary and the 

Congress. 

(c) The committee shall remain in existence until øDecember 31, 

2016¿ December 31, 2021. 

* * * * * * * 

§ 3697B. On-campus educational and vocational counseling 

(a) IN GENERAL.—The Secretary shall provide educational and vocational counseling services for veterans 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 


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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 

veterans 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. 

* * * * * * * 

§ 3699. Inspector General heightened scrutiny of programs of 

education 

(a) HEIGHTENED SCRUTINY REQUIRED.—The Inspector General of 

the Department shall apply heightened scrutiny to any program of 

education if any Federal or State agency has made a final judgment 

or settlement that the program of education used deceptive or misleading practices that are potentially in violation of section 3696 of 

this title. 

(b) NOTICE TO STUDENTS.—(1) Upon commencement of heightened 

scrutiny with respect to a program of education under this section, 

the Secretary shall provide notice of the heightened scrutiny and the 

reasons for such heightened scrutiny to any individual who— 

(A) is enrolled in a course of education approved under this 

chapter provided by the program of education; and 

(B) is entitled to educational assistance under the laws administered by the Secretary. 

(2) The Secretary shall provide to any individual who receives notice under this subsection advice that the individual— 

(A) request a copy of the individual’s transcript; and 

(B) seek counseling from an appropriate advisor about transferring any credits earned at the program of education. 

(c) MONITORING OF ALLEGATIONS.—The Secretary shall monitor 

allegations of deceptive and misleading practices made against programs of education offering courses of education approved for purposes of this chapter, including Federal and State investigations. 

The Secretary shall include information about any such allegation 

on the GI Bill Comparison Tool, or any similar Internet website of 

the Department. 

* * * * * * * 


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(33) 

DISSENTING VIEWS 

We oppose Section 4 of H.R. 5178, as amended, because it would 

reinstate a lapsed round-down of certain veterans’ education benefits payments, thus placing the burden on student veterans and 

their dependents to pay for broader veterans’ programs. Under current law, the amount of the Chapter 30 Montgomery GI Bill-Active 

Duty (MGIB) monthly stipend increases annually in accordance 

with the increase in the average cost of undergraduate tuition in 

the United States. Also under current law, the amount of the 

Chapter 35 Survivors’ and Dependents’ Educational Assistance 

(DEA) program monthly stipend increases annually in accordance 

with the consumer price index. From FY 2005 to FY 2013, the increases were rounded down to the next lower whole dollar amount, 

but Congress chose not to extend the round-downs before they 

lapsed. Section 4 of H.R. 5178, as amended, would reinstate the 

round-downs for both MGIB and DEA until FY 2024. 

The Veterans of Foreign Wars (VFW) shared our opposition to 

the cuts at the Economic Opportunity Subcommittee legislative 

hearing on April 14, 2016, stating that ‘‘VFW opposes round-downs, 

as they require veterans to pay for their earned benefits.’’ We share 

the VFW’s principled view that veterans should not have to pay for 

programs that serve them through cuts in their hard-earned benefits, no matter how small. 

At the Economic Opportunity Subcommittee markup on May 11, 

2016, Representative Mark Takano introduced an amendment to 

strike Section 3 of H.R. 5174, which contained the round-down of 

Chapters 30 and 35 benefits. The amendment failed by voice vote. 

At the Full Committee markup on May 18, 2016, Representative 

Takano again introduced his amendment to strike the round-down, 

now found in Section 4 of the Amendment in the Nature of a Substitute to H.R. 5178. That amendment failed along party lines, with 

a roll call vote of 10 Democrats to 13 Republicans. 

MARK TAKANO, 

Acting Ranking Member. 

JULIA BROWNLEY. 

Æ 


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