II 

Calendar No. 200 

115TH CONGRESS 

1ST SESSION S. 1598 

To amend title 38, United States Code, to make certain improvements in 

the laws administered by the Secretary of Veterans Affairs, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2017 

Mr. ISAKSON (for himself, Mr. TESTER, Mr. ROUNDS, Mrs. MCCASKILL, Mr. 

TILLIS, Mr. MANCHIN, Mr. HELLER, Ms. KLOBUCHAR, Mr. CORNYN, Mr. 

FRANKEN, Mr. CRAPO, Mr. DONNELLY, Mr. INHOFE, Ms. DUCKWORTH, 

Mr. SULLIVAN, Mr. KAINE, Mr. DAINES, Mr. UDALL, Ms. COLLINS, Ms. 

HEITKAMP, Mr. BLUNT, Mr. PETERS, Mr. RUBIO, Mr. BROWN, Mr. ROBERTS, Mr. HEINRICH, Mr. MORAN, Ms. HIRONO, Mrs. CAPITO, Ms. HASSAN, Mr. BOOZMAN, Mr. CARDIN, Mrs. FISCHER, Mr. NELSON, Ms. STABENOW, Mrs. SHAHEEN, Mrs. MURRAY, Mr. BLUMENTHAL, Ms. WARREN, Mr. CASSIDY, Ms. MURKOWSKI, Mr. KENNEDY, Mrs. GILLIBRAND, 

Mr. MENENDEZ, Mr. GRASSLEY, Mr. WARNER, Mr. MARKEY, Mr. 

MCCAIN, Mr. VAN HOLLEN, Ms. BALDWIN, Mrs. FEINSTEIN, Mr. COONS, 

Ms. CANTWELL, Mr. COCHRAN, Mr. WICKER, Mr. WHITEHOUSE, Mr. 

THUNE, Mr. CASEY, Mr. GRAHAM, Mr. STRANGE, Mr. REED, Mr. 

MERKLEY, Mr. SCHUMER, and Ms. CORTEZ MASTO) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

AUGUST 2, 2017 

Reported by Mr. ISAKSON, without amendment 

A BILL 

To amend title 38, United States Code, to make certain 


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improvements in the laws administered by the Secretary 

of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Harry W. Colmery Veterans Educational Assistance Act 

6 of 2017’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States Code. 

TITLE I—POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM 

Sec. 101. Consideration of certain time spent receiving medical care from Secretary of Defense as active duty for purposes of eligibility for 

Post-9/11 Educational Assistance. 

Sec. 102. Educational assistance under Post-9/11 Educational Assistance Program for members of the Armed Forces awarded the Purple 

Heart. 

Sec. 103. Inclusion of Fry Scholarship recipients and Purple Heart recipients 

in Yellow Ribbon G.I. Education Enhancement Program. 

Sec. 104. Inclusion of certain members of the Armed Forces serving on active 

duty in Yellow Ribbon G.I. Education Enhancement Program. 

Sec. 105. Consolidation of certain eligibility tiers under Post-9/11 Educational 

Assistance Program of the Department of Veterans Affairs. 

Sec. 106. Eligibility for Post-9/11 Educational Assistance for certain members 

of reserve components of Armed Forces who lost entitlement to 

educational assistance under Reserve Educational Assistance 

Program. 

Sec. 107. Calculation of monthly housing stipend under Post-9/11 Educational 

Assistance Program based on location of campus where classes 

are attended. 

Sec. 108. Charge to entitlement for certain licensure and certification tests and 

national tests under Department of Veterans Affairs Post-9/11 

Educational Assistance Program. 

Sec. 109. Restoration of entitlement to educational assistance and other relief 

for veterans affected by school closure or disapproval. 

Sec. 110. Additional authorized transfer of unused Post-9/11 Educational Assistance benefits to dependents upon death of originally designated dependent. 

Sec. 111. Edith Nourse Rogers STEM Scholarship. 


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Sec. 112. Honoring the national service of members of the Armed Forces by 

elimination of time limitation for use of entitlement. 

Sec. 113. Monthly stipend for certain members of the reserve components of 

the Armed Forces receiving Post-9/11 Educational Assistance. 

Sec. 114. Annual reports to Congress on information on student progress submitted by educational institutions. 

Sec. 115. Improvement of information technology of the veterans benefits administration of the Department of Veterans Affairs. 

Sec. 116. Department of Veterans Affairs high technology pilot program. 

TITLE II—OTHER EDUCATIONAL ASSISTANCE PROGRAMS 

Sec. 201. Work-study allowance. 

Sec. 202. Duration of educational assistance under Survivors’ and Dependents’ 

Educational Assistance Program. 

Sec. 203. Olin E. Teague increase in amounts of educational assistance payable 

under Survivors’ and Dependents’ Educational Assistance Program. 

TITLE III—ADMINISTRATION OF EDUCATIONAL ASSISTANCE 

PROGRAMS 

Sec. 301. State approving agency funding. 

Sec. 302. Authorization for use of Post-9/11 Educational Assistance to pursue 

independent study programs at certain educational institutions 

that are not institutions of higher learning. 

Sec. 303. Provision of information on priority enrollment for veterans in certain 

courses of education. 

Sec. 304. Limitation on use of reporting fees payable to educational institutions 

and sponsors of programs of apprenticeship. 

Sec. 305. Training for school certifying officials. 

Sec. 306. Extension of authority for Advisory Committee on Education. 

Sec. 307. Department of Veterans Affairs provision of on-campus educational 

and vocational counseling for veterans. 

Sec. 308. Provision of information regarding veteran entitlement to educational 

assistance. 

Sec. 309. Treatment, for purposes of educational assistance administered by 

the Secretary of Veterans Affairs, of educational courses that 

begin seven or fewer days after the first day of an academic 

term. 

Sec. 310. Inclusion of risk-based reviews in State approving agency oversight 

activities. 

Sec. 311. Comptroller General study of State approving agency performance. 

TITLE IV—RESERVE COMPONENT BENEFITS 

Sec. 401. Eligibility of reserve component members for Post-9/11 Educational 

Assistance. 

Sec. 402. Time limitation for training and rehabilitation for veterans with service-connected disabilities. 

TITLE V—OTHER MATTERS 

Sec. 501. Repeal inapplicability of modification of basic allowance for housing 

to benefits under laws administered by Secretary of Veterans 

Affairs. 


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Sec. 502. Reconsideration of previously denied claims for disability compensation for veterans who allege full-body exposure to nitrogen 

mustard gas, sulfur mustard gas, or Lewisite during World 

War II. 

1 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 38, United States Code. 

7 TITLE I—POST-9/11 EDU8 CATIONAL ASSISTANCE PRO9 GRAM 

10 SEC. 101. CONSIDERATION OF CERTAIN TIME SPENT RE11 CEIVING MEDICAL CARE FROM SECRETARY 

12 OF DEFENSE AS ACTIVE DUTY FOR PUR13 POSES OF ELIGIBILITY FOR POST-9/11 EDU14 CATIONAL ASSISTANCE. 

15 (a) IN GENERAL.—Section 3301(1)(B) is amended 

16 by inserting ‘‘12301(h),’’ after ‘‘12301(g),’’. 

17 (b) RETROACTIVE APPLICATION.—The amendment 

18 made by subsection (a) shall apply with respect to service 

19 in the Armed Forces occurring on or after September 11, 

20 2001. 

21 (c) APPLICATION WITH RESPECT TO USE OF ENTI22 TLEMENT.—An individual who is entitled to educational 

23 assistance by reason of the amendment made by subVerDate Sep 11 2014 22:16 Aug 02, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1598.RS S1598

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1 section (a) may use such entitlement to pursue a course 

2 of education beginning on or after August 1, 2018. 

3 SEC. 102. EDUCATIONAL ASSISTANCE UNDER POST-9/11 

4 EDUCATIONAL ASSISTANCE PROGRAM FOR 

5 MEMBERS OF THE ARMED FORCES AWARDED 

6 THE PURPLE HEART. 

7 (a) ELIGIBILITY.—Section 3311(b) is amended by 

8 adding at the end the following new paragraph: 

9 ‘‘(10) An individual who is awarded the Purple 

10 Heart for service in the Armed Forces occurring on 

11 or after September 11, 2001, and continues to serve 

12 on active duty in the Armed Forces or is discharged 

13 or released from active duty as described in sub14 section (c).’’. 

15 (b) AMOUNT OF ASSISTANCE.—Section 3313(c)(1) is 

16 amended by striking ‘‘or (9)’’ and inserting ‘‘(9), or (10)’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on August 1, 2018. 

19 SEC. 103. INCLUSION OF FRY SCHOLARSHIP RECIPIENTS 

20 AND PURPLE HEART RECIPIENTS IN YELLOW 

21 RIBBON G.I. EDUCATION ENHANCEMENT 

22 PROGRAM. 

23 (a) IN GENERAL.—Section 3317(a) is amended, in 

24 the second sentence, by striking ‘‘paragraphs (1) and (2)’’ 

25 and inserting ‘‘paragraphs (1), (2), (9), and (10)’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on August 1, 2018. 

3 SEC. 104. INCLUSION OF CERTAIN MEMBERS OF THE 

4 ARMED FORCES SERVING ON ACTIVE DUTY 

5 IN YELLOW RIBBON G.I. EDUCATION EN6 HANCEMENT PROGRAM. 

7 (a) IN GENERAL.—Section 3317(a) is amended, in 

8 the first sentence, by striking ‘‘section 3313(c)(1)(A)’’ and 

9 inserting ‘‘subsection (c)(1)(A) or (e)(2)(A) of section 

10 3313 of this title’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on August 1, 2022. 

13 SEC. 105. CONSOLIDATION OF CERTAIN ELIGIBILITY TIERS 

14 UNDER POST-9/11 EDUCATIONAL ASSISTANCE 

15 PROGRAM OF THE DEPARTMENT OF VET16 ERANS AFFAIRS. 

17 (a) ENTITLEMENT.—Section 3311(b), as amended by 

18 section 102, is further amended— 

19 (1) in paragraph (6)(A), by striking ‘‘12 

20 months’’ and inserting ‘‘6 months’’; 

21 (2) by striking paragraph (7); and 

22 (3) by redesignating paragraphs (8), (9), and 

23 (10) as paragraphs (7), (8), and (9), respectively. 

24 (b) AMOUNT OF EDUCATIONAL ASSISTANCE.—Sec25 tion 3313(c) is amended by striking paragraph (7). 


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1 (c) CONFORMING AMENDMENTS.—Chapter 33 is fur2 ther amended as follows: 

3 (1) In section 3311(f), by striking ‘‘paragraph 

4 (9)’’ each place it appears and inserting ‘‘paragraph 

5 (8)’’. 

6 (2) In section 3313, as amended by section 

7 102— 

8 (A) in subsection (c)(1), by striking ‘‘(9), 

9 or (10)’’ and inserting ‘‘(8), or (9)’’; 

10 (B) in subsection (d), by striking ‘‘para11 graphs (2) through (7)’’ each place it appears 

12 and inserting ‘‘paragraphs (2) through (6)’’; 

13 (C) in subsection (e)(2)(C)— 

14 (i) by striking ‘‘paragraphs (3) 

15 through (8)’’ and inserting ‘‘paragraphs 

16 (3) through (7)’’; and 

17 (ii) by striking ‘‘paragraphs (2) 

18 through (7)’’ and inserting ‘‘paragraphs 

19 (2) through (6)’’; 

20 (D) in subsection (f)(2)(A)(ii), by striking 

21 ‘‘paragraphs (2) through (7)’’ and inserting 

22 ‘‘paragraphs (2) through (6)’’; 

23 (E) in subsection (g)(3)— 

24 (i) in subparagraph (A)(iv)— 


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1 (I) by striking ‘‘paragraphs (3) 

2 through (8)’’ and inserting ‘‘para3 graphs (3) through (7)’’; and 

4 (II) by striking ‘‘paragraphs (2) 

5 through (7)’’ and inserting ‘‘para6 graphs (2) through (6)’’; 

7 (ii) in subparagraph (B)(iii)— 

8 (I) by striking ‘‘paragraphs (3) 

9 through (8)’’ and inserting ‘‘para10 graphs (3) through (7)’’; and 

11 (II) by striking ‘‘paragraphs (2) 

12 through (7)’’ and inserting ‘‘para13 graphs (2) through (6)’’; 

14 (iii) in subparagraph (C)(ii)— 

15 (I) in subclause (I), by striking 

16 ‘‘(9)’’ and inserting ‘‘(8)’’; and 

17 (II) in subclause (II)— 

18 (aa) by striking ‘‘paragraphs 

19 (3) through (8)’’ and inserting 

20 ‘‘paragraphs (3) through (7)’’; 

21 and 

22 (bb) by striking ‘‘paragraphs 

23 (2) through (7)’’ and inserting 

24 ‘‘paragraphs (2) through (6)’’; 

25 and 


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1 (iv) in subparagraph (D)(ii)— 

2 (I) in subclause (I), by striking 

3 ‘‘(9)’’ and inserting ‘‘(8)’’; and 

4 (II) in subclause (II)— 

5 (aa) by striking ‘‘paragraphs 

6 (3) through (8)’’ and inserting 

7 ‘‘paragraphs (3) through (7)’’; 

8 and 

9 (bb) by striking ‘‘paragraphs 

10 (2) through (7)’’ and inserting 

11 ‘‘paragraphs (2) through (6)’’; 

12 and 

13 (F) in subsection (h), by striking ‘‘para14 graphs (2) through (7)’’ and inserting ‘‘para15 graphs (2) through (6)’’. 

16 (3) In section 3316— 

17 (A) in subsection (a)(1), by striking ‘‘para18 graphs (2) through (7)’’ and inserting ‘‘para19 graphs (2) through (6)’’; and 

20 (B) in subsection (b)(1), by striking ‘‘para21 graphs (2) through (7)’’ and inserting ‘‘para22 graphs (2) through (6)’’. 

23 (4) In section 3317(a), in the second sentence, 

24 as amended by section 103, by striking ‘‘paragraphs 


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1 (1), (2), (9), and (10)’’ and inserting ‘‘paragraphs 

2 (1), (2), (8), and (9)’’. 

3 (5) In section 3321(b)(4), as amended by sec4 tion 112, by striking ‘‘section 3311(b)(9)’’ and in5 serting ‘‘section 3311(b)(8)’’. 

6 (6) In section 3322— 

7 (A) in subsection (e), by striking 

8 ‘‘3311(b)(9)’’ and inserting ‘‘3311(b)(8)’’; 

9 (B) in subsection (f), by striking 

10 ‘‘3311(b)(9)’’ and inserting ‘‘3311(b)(8)’’; and 

11 (C) in subsection (h)(2), by striking 

12 ‘‘3311(b)(9)’’ and inserting ‘‘3311(b)(8)’’. 

13 (7) In section 3679(c)(2)(B), by striking 

14 ‘‘3311(b)(9)’’ and inserting ‘‘3311(b)(8)’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on August 1, 2020. 

17 SEC. 106. ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS18 SISTANCE FOR CERTAIN MEMBERS OF RE19 SERVE COMPONENTS OF ARMED FORCES 

20 WHO LOST ENTITLEMENT TO EDUCATIONAL 

21 ASSISTANCE UNDER RESERVE EDUCATIONAL 

22 ASSISTANCE PROGRAM. 

23 (a) ELECTION.—Section 16167 of title 10, United 

24 States Code, is amended by adding at the end the fol25 lowing new subsection: 


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1 ‘‘(c) ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS2 SISTANCE.—A member who loses eligibility for benefits 

3 under this chapter pursuant to subsection (b) shall be al4 lowed to elect (in such form and manner as the Secretary 

5 of Veterans Affairs may prescribe) to have such service 

6 previously credited toward this chapter credited towards 

7 establishing eligibility for educational assistance under 

8 chapter 33 of title 38, notwithstanding the provisions of 

9 section 16163(e) of this title or section 3322(h)(1) of title 

10 38.’’. 

11 (b) QUALIFICATION OF SERVICE.—Section 3301(1) 

12 of title 38, United States Code, shall be construed to in13 clude, in the case of a member of a reserve component 

14 of the Armed Forces who, before November 25, 2015, es15 tablished eligibility for educational assistance under chap16 ter 1607 of title 10, United States Code, pursuant to sec17 tion 16163(a)(1) of such title, but lost eligibility for such 

18 educational assistance pursuant to section 16167(b) of 

19 such title, service on active duty (as defined in section 101 

20 of such title) that satisfies the requirements of section 

21 16163(a)(1) of such title. 

22 (c) ENTITLEMENT.—Section 3311(b)(6) of title 38, 

23 United States Code, shall be construed to include an indi24 vidual who, before November 25, 2015, established eligi25 bility for educational assistance under chapter 1607 of 


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1 title 10, United States Code, pursuant to section 16163(b) 

2 of such title, but lost such eligibility pursuant to section 

3 16167(b) of such title. 

4 (d) DURATION.—Notwithstanding section 3312 of 

5 title 38, United States Code, an individual who establishes 

6 eligibility for educational assistance under chapter 33 of 

7 such title by crediting towards such chapter service pre8 viously credited towards chapter 1607 of title 10, United 

9 States Code, is only entitled to a number of months of 

10 educational assistance under section 3313 of title 38, 

11 United States Code, equal to the number of months of 

12 entitlement remaining under chapter 1607 of title 10, 

13 United States Code, at the time of conversion to chapter 

14 33 of title 38, United States Code. 

15 SEC. 107. CALCULATION OF MONTHLY HOUSING STIPEND 

16 UNDER POST-9/11 EDUCATIONAL ASSISTANCE 

17 PROGRAM BASED ON LOCATION OF CAMPUS 

18 WHERE CLASSES ARE ATTENDED. 

19 (a) IN GENERAL.—Section 3313(c)(1)(B)(i)(I) is 

20 amended by striking ‘‘the institution of higher learning at 

21 which the individual is enrolled’’ and inserting ‘‘the cam22 pus of the institution of higher learning where the indi23 vidual physically participates in a majority of classes’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to initial enrollment 

3 in a program of education on or after August 1, 2018. 

4 SEC. 108. CHARGE TO ENTITLEMENT FOR CERTAIN LICEN5 SURE AND CERTIFICATION TESTS AND NA6 TIONAL TESTS UNDER DEPARTMENT OF VET7 ERANS AFFAIRS POST-9/11 EDUCATIONAL AS8 SISTANCE PROGRAM. 

9 (a) LICENSURE AND CERTIFICATION TESTS.—Sub10 section (c) of section 3315 is amended— 

11 (1) by striking ‘‘shall be determined at the rate 

12 of one month (rounded to the nearest whole month)’’ 

13 and inserting ‘‘shall be pro-rated based on the actual 

14 amount of the fee charged for the test relative to the 

15 rate for one month’’; and 

16 (2) by striking ‘‘for each amount paid that 

17 equals’’ and inserting ‘‘payable’’. 

18 (b) NATIONAL TESTS.—Section 3315A is amended— 

19 (1) in subsection (a), by adding at the end the 

20 following new paragraph: 

21 ‘‘(3) A national test that evaluates prior learn22 ing and knowledge and provides an opportunity for 

23 course credit at an institution of higher learning as 

24 so described.’’; and 

25 (2) in subsection (c)— 


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1 (A) by striking ‘‘shall be determined at the 

2 rate of one month (rounded to the nearest 

3 whole month)’’ and inserting ‘‘shall be pro4 rated based on the actual amount of the fee 

5 charged for the test relative to the rate for one 

6 month’’; and 

7 (B) by striking ‘‘for each amount paid that 

8 equals’’ and inserting ‘‘payable’’. 

9 (c) TESTS INCLUDED.—Section 3452(b) is amended 

10 in the last sentence— 

11 (1) by striking ‘‘and national tests providing’’ 

12 and inserting ‘‘, national tests providing’’; and 

13 (2) by inserting before the period at the end the 

14 following: ‘‘, and national tests that evaluate prior 

15 learning and knowledge and provides an opportunity 

16 for course credit at an institution of higher learn17 ing’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this Act shall apply to a test taken on or after August 

20 1, 2018. 

21 SEC. 109. RESTORATION OF ENTITLEMENT TO EDU22 CATIONAL ASSISTANCE AND OTHER RELIEF 

23 FOR VETERANS AFFECTED BY SCHOOL CLO24 SURE OR DISAPPROVAL. 

25 (a) SCHOOL CLOSURE OR DISAPPROVAL.— 


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1 (1) RESTORATION OF ENTITLEMENT.—Chapter 

2 36 is amended by adding at the end the following 

3 new section: 

4 ‘‘§ 3699. Effects of closure or disapproval of edu5 cational institution 

6 ‘‘(a) CLOSURE OR DISAPPROVAL.—Any payment of 

7 educational assistance described in subsection (b) shall 

8 not— 

9 ‘‘(1) be charged against any entitlement to edu10 cational assistance of the individual concerned; or 

11 ‘‘(2) be counted against the aggregate period 

12 for which section 3695 of this title limits the receipt 

13 of educational assistance by such individual. 

14 ‘‘(b) EDUCATIONAL ASSISTANCE DESCRIBED.—Sub15 ject to subsection (c), the payment of educational assist16 ance described in this paragraph is the payment of such 

17 assistance to an individual for pursuit of a course or pro18 gram of education at an educational institution under 

19 chapter 30, 32, 33, or 35 of this title, or chapter 1606 

20 or 1607 of title 10, if the Secretary determines that the 

21 individual— 

22 ‘‘(1) was unable to complete such course or pro23 gram as a result of— 

24 ‘‘(A) the closure of the educational institu25 tion; or 


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1 ‘‘(B) the disapproval of the course or a 

2 course that is a necessary part of that program 

3 under this chapter by reason of— 

4 ‘‘(i) a provision of law enacted after 

5 the date on which the individual enrolls at 

6 such institution affecting the approval or 

7 disapproval of courses under this chapter; 

8 or 

9 ‘‘(ii) after the date on which the indi10 vidual enrolls at such institution, the Sec11 retary prescribing or modifying regulations 

12 or policies of the Department affecting 

13 such approval or disapproval; and 

14 ‘‘(2) did not receive credit or lost training time, 

15 toward completion of the program of education being 

16 so pursued. 

17 ‘‘(c) PERIOD NOT CHARGED.—The period for which, 

18 by reason of this subsection, educational assistance is not 

19 charged against entitlement or counted toward the appli20 cable aggregate period under section 3695 of this title 

21 shall not exceed the aggregate of— 

22 ‘‘(1) the portion of the period of enrollment in 

23 the course from which the individual did not receive 

24 credit or with respect to which the individual lost 


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1 training time, as determined under subsection 

2 (b)(2); and 

3 ‘‘(2) the period by which a monthly stipend is 

4 extended under section 3680(a)(2)(B) of this title. 

5 ‘‘(d) CONTINUING PURSUIT OF DISAPPROVED

6 COURSES.—(1) The Secretary may treat a course of edu7 cation that is disapproved under this chapter as being ap8 proved under this chapter with respect to an individual 

9 described in paragraph (2) if the Secretary determines, 

10 on a case-by-case basis, that— 

11 ‘‘(A) such disapproval is the result of an action 

12 described in clause (i) or (ii) of subsection (b)(1)(B); 

13 and 

14 ‘‘(B) continuing pursuing such course is in the 

15 best interest of the individual. 

16 ‘‘(2) An individual described in this paragraph is an 

17 individual who is pursuing a course of education at an 

18 educational institution under chapter 30, 32, 33, or 35 

19 of this title, or chapter 1606 or 1607 of title 10, as of 

20 the date on which the course is disapproved under this 

21 chapter. 

22 ‘‘(e) NOTICE OF CLOSURES.—Not later than five 

23 business days after the date on which the Secretary re24 ceives notice that an educational institution will close or 

25 is closed, the Secretary shall provide to each individual 


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1 who is enrolled in a course or program or education at 

2 such educational institution using entitlement to edu3 cational assistance under chapter 30, 32, 33, or 35 of this 

4 title, or chapter 1606 or 1607 of title 10, notice of— 

5 ‘‘(1) such closure and the date of such closure; 

6 and 

7 ‘‘(2) the effect of such closure on the individ8 ual’s entitlement to educational assistance pursuant 

9 to this section.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended 

12 by inserting after the item relating to section 3698 

13 the following new item: 

‘‘3699. Effects of closure or disapproval of educational institution.’’. 

14 (b) MONTHLY HOUSING STIPEND.— 

15 (1) IN GENERAL.—Subsection (a) section 3680 

16 is amended— 

17 (A) by striking the matter after paragraph 

18 (3)(B); 

19 (B) in paragraph (3), by redesignating 

20 subparagraphs (A) and (B) as clauses (i) and 

21 (ii), respectively; 

22 (C) by redesignating paragraphs (1) 

23 through (3) as subparagraphs (A) through (C), 

24 respectively; 


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1 (D) in the matter preceding subparagraph 

2 (A), as redesignated, in the first sentence, by 

3 striking ‘‘Payment of’’ and inserting ‘‘(1) Ex4 cept as provided in paragraph (2), payment of’’; 

5 and 

6 (E) by adding at the end the following new 

7 paragraph (2): 

8 ‘‘(2) Notwithstanding paragraph (1), the Secretary 

9 may, pursuant to such regulations as the Secretary shall 

10 prescribe, continue to pay allowances to eligible veterans 

11 and eligible persons enrolled in courses set forth in para12 graph (1)(A)— 

13 ‘‘(A) during periods when educational institu14 tions are temporarily closed under an established 

15 policy based on an Executive order of the President 

16 or due to an emergency situation, except that the 

17 total number of weeks for which allowances may 

18 continue to be so payable in any 12-month period 

19 may not exceed four weeks; or 

20 ‘‘(B) solely for the purpose of awarding a 

21 monthly housing stipend described in section 3313 

22 of this title, during periods following a permanent 

23 closure of an educational institution, or following the 

24 disapproval of a course of study described in section 

25 3699(b)(1)(B) of this title, except that payment of 


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1 such a stipend may only be continued until the ear2 lier of— 

3 ‘‘(i) the date of the end of the term, quar4 ter, or semester during which the closure or dis5 approval occurred; and 

6 ‘‘(ii) the date that is 120 days after the 

7 date of the closure or disapproval.’’. 

8 (2) CONFORMING AMENDMENT.—Paragraph 

9 (1)(C)(ii) of such subsection, as redesignated, is 

10 amended by striking ‘‘described in subclause (A) of 

11 this clause’’ and inserting ‘‘described in clause (i)’’. 

12 (c) APPLICABILITY.— 

13 (1) SCHOOL CLOSURE OR DISAPPROVAL.— 

14 (A) IN GENERAL.—The amendments made 

15 by subsection (a) shall take effect on the date 

16 that is 90 days after the date of the enactment 

17 of this Act, and shall apply with respect to 

18 courses and programs of education discontinued 

19 as described in section 3699 of title 38, United 

20 States Code, as added by subsection (a)(1), 

21 after January 1, 2015. 

22 (B) SPECIAL APPLICATION.—With respect 

23 to courses and programs of education discon24 tinued as described in section 3699 of title 38, 

25 United States Code, as added by subsection 


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1 (a)(1), during the period beginning January 1, 

2 2015, and ending on the date of the enactment 

3 of this Act, an individual who does not transfer 

4 credits from such program of education shall be 

5 deemed to be an individual who did not receive 

6 such credits, as described in subsection (b)(2) 

7 of such section, except that the period for which 

8 the individual’s entitlement is not charged shall 

9 be the entire period of the individual’s enroll10 ment in the program of education. In carrying 

11 out this paragraph, the Secretary of Veterans 

12 Affairs, in consultation with the Secretary of 

13 Education, shall establish procedures to deter14 mine whether the individual transferred credits 

15 to a comparable course or program of edu16 cation. 

17 (2) MONTHLY HOUSING STIPEND.—The amend18 ments made by subsection (b) shall take effect on 

19 August 1, 2018, and shall apply with respect to 

20 courses and programs of education discontinued as 

21 described in section 3699 of title 38, United States 

22 Code, as added by such subsection, on or after the 

23 date of the enactment of this Act. 


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1 SEC. 110. ADDITIONAL AUTHORIZED TRANSFER OF UNUSED 

2 POST-9/11 EDUCATIONAL ASSISTANCE BENE3 FITS TO DEPENDENTS UPON DEATH OF 

4 ORIGINALLY DESIGNATED DEPENDENT. 

5 (a) TRANSFER UPON DEATH OF DEPENDENT.—Sec6 tion 3319 is amended— 

7 (1) in subsection (f)(1), by inserting after ‘‘sec8 tion 3321’’ the following: ‘‘, and except as provided 

9 in subsection (k) or (l),’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(k) ADDITIONAL TRANSFER UPON DEATH OF DE13 PENDENT.—In the case of a dependent to whom entitle14 ment to educational assistance is transferred under this 

15 section who dies before using all of such entitlement, the 

16 individual who transferred the entitlement to the depend17 ent may transfer any remaining entitlement to a different 

18 eligible dependent, notwithstanding whether the individual 

19 is serving as a member of the Armed Forces when such 

20 transfer is executed. 

21 ‘‘(l) TRANSFER BY DEPENDENT.—In the case of an 

22 individual who transfers entitlement to educational assist23 ance under this section who dies before the dependent to 

24 whom entitlement to educational assistance is so trans25 ferred has used all of such entitlement, such dependent 


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1 may transfer such entitlement to another eligible depend2 ent in accordance with the provisions of this section.’’. 

3 (b) EFFECTIVE DATES.— 

4 (1) ELIGIBLE DEATHS.—The amendments 

5 made by this section shall apply with respect to 

6 deaths occurring on or after August 1, 2009. 

7 (2) USE OF ENTITLEMENT.—A dependent to 

8 whom entitlement to educational assistance is trans9 ferred under subsection (k) or (l) of section 3319 of 

10 title 38, United States Code, as added by subsection 

11 (a), may use such entitlement to pursue a course of 

12 education beginning on or after August 1, 2018. 

13 SEC. 111. EDITH NOURSE ROGERS STEM SCHOLARSHIP. 

14 (a) IN GENERAL.—Subchapter II of chapter 33 is 

15 amended by adding at the end the following new section: 

16 ‘‘§ 3320. Edith Nourse Rogers STEM Scholarship 

17 ‘‘(a) IN GENERAL.—Subject to the limitation under 

18 subsection (f), the Secretary shall provide additional bene19 fits to eligible individuals selected by the Secretary under 

20 this section. Such benefits shall be known as the ‘Edith 

21 Nourse Rogers STEM Scholarship’. 

22 ‘‘(b) ELIGIBILITY.—For purposes of this section, an 

23 eligible individual is an individual— 

24 ‘‘(1) who is or was entitled to educational as25 sistance under section 3311 of this title; 


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1 ‘‘(2) who has used all of the educational assist2 ance to which the individual is entitled under this 

3 chapter or will, based on the individual’s rate of 

4 usage, use all of such assistance within 180 days of 

5 applying for benefits under this section; 

6 ‘‘(3) who applies for assistance under this sec7 tion; and 

8 ‘‘(4) who— 

9 ‘‘(A) is an individual who— 

10 ‘‘(i) is enrolled in a program of edu11 cation leading to a post-secondary degree 

12 that, in accordance with the guidelines of 

13 the applicable regional or national accred14 iting agency, requires more than the stand15 ard 128 semester (or 192 quarter) credit 

16 hours for completion in a standard, under17 graduate college degree in— 

18 ‘‘(I) biological or biomedical 

19 science; 

20 ‘‘(II) physical science; 

21 ‘‘(III) science technologies or 

22 technicians; 

23 ‘‘(IV) computer and information 

24 science and support services; 

25 ‘‘(V) mathematics or statistics; 


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1 ‘‘(VI) engineering; 

2 ‘‘(VII) engineering technologies 

3 or an engineering-related field; 

4 ‘‘(VIII) a health profession or re5 lated program; 

6 ‘‘(IX) a medical residency pro7 gram; 

8 ‘‘(X) an agriculture science pro9 gram or a natural resources science 

10 program; or 

11 ‘‘(XI) other subjects and fields 

12 identified by the Secretary as meeting 

13 national needs; and 

14 ‘‘(ii) has completed at least 60 stand15 ard semester (or 90 quarter) credit hours 

16 in a field referred to in clause (i); or 

17 ‘‘(B) is an individual who has earned a 

18 post-secondary degree in a field referred to in 

19 subparagraph (A)(i) and is enrolled in a pro20 gram of education leading to a teaching certifi21 cation. 

22 ‘‘(c) PRIORITY.—In selecting eligible individuals to 

23 receive additional benefits under this section, the Sec24 retary shall give priority to the following individuals: 


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1 ‘‘(1) Individuals who require the most credit 

2 hours described in subsection (b)(4). 

3 ‘‘(2) Individuals who are entitled to educational 

4 assistance under this chapter by reason of para5 graph (1), (2), (8), or (9) of section 3311(b) of this 

6 title. 

7 ‘‘(d) AMOUNT OF ASSISTANCE.—(1) The Secretary 

8 shall pay to each eligible individual who receives additional 

9 benefits under this section the monthly amount payable 

10 under section 3313 of this title for not more than nine 

11 months of the program of education in which the indi12 vidual is enrolled (adjusted with respect to the individual 

13 pursuant to section 3313(c), as appropriate), except that 

14 the aggregate amount paid to an individual under this sec15 tion may not exceed $30,000. 

16 ‘‘(2) The Secretary may not pay to such an individual 

17 an amount in addition to the amount payable under para18 graph (1) by reason of section 3317 of this title. 

19 ‘‘(3) An individual who receives additional benefits 

20 under this section may also receive amounts payable by 

21 a college or university pursuant to section 3317 of this 

22 title. 

23 ‘‘(e) PROHIBITION ON TRANSFER.—An individual 

24 who receives additional benefits under this section may not 


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1 transfer any amount of such additional benefits under sec2 tion 3319 of this title. 

3 ‘‘(f) MAXIMUM AMOUNT OF TOTAL ASSISTANCE.— 

4 The total amount of benefits paid to all eligible individuals 

5 under this section may not exceed— 

6 ‘‘(1) $25,000,000 for fiscal year 2019; 

7 ‘‘(2) $75,000,000 for each of fiscal years 2020 

8 through 2022; and 

9 ‘‘(3) $100,000,000 for fiscal year 2023 and 

10 each subsequent fiscal year. 

11 ‘‘(g) CONGRESSIONAL NOTICE.—If the Secretary 

12 identifies a new subject or field pursuant to subsection 

13 (b)(4)(A)(i)(XI) as meeting a national need, the Secretary 

14 shall submit to Congress notice of such identification at 

15 least 90 days before conferring eligibility on any individual 

16 for purposes of this section on the basis of such identifica17 tion, including any analysis of labor market supply and 

18 demand used in identifying the new subject or field, as 

19 applicable.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by inserting 

22 after the item relating to section 3319 the following new 

23 item: 

‘‘3320. Edith Nourse Rogers STEM Scholarship.’’. 

24 (c) EFFECTIVE DATE.—Section 3320 of title 38, 

25 United States Code, shall take effect on August 1, 2019. 


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1 (d) COMPTROLLER GENERAL REPORT.— 

2 (1) INTERIM REPORT.—Not later than August 

3 1, 2022, the Comptroller General of the United 

4 States shall submit to Congress a report containing 

5 the results of an interim assessment of the Comp6 troller General of the Edith Nourse Rogers STEM 

7 Scholarship program under section 3320 of title 38, 

8 United States Code, as added by subsection (a). 

9 Such report shall include the recommendations of 

10 the Comptroller General for improving the scholar11 ship program and an assessment of each of the fol12 lowing, using rigorous, systematic, and objective 

13 methodology, and including comparisons to eligible 

14 veterans who did not participate in the program: 

15 (A) An explanation of the identification of 

16 the Secretary of Veterans Affairs of subjects 

17 and fields meeting national needs under sub18 section (b)(4)(A)(i)(XI) of such section, includ19 ing any analysis of labor market supply and de20 mand, as applicable. 

21 (B) An evaluation of the types of edu22 cational institutions and programs where bene23 ficiaries use the educational assistance provided 

24 under the scholarship program. 


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1 (C) The completion rate of students par2 ticipating in the program. 

3 (D) The job placement rate for individuals 

4 who completed a program of education using 

5 educational assistance provided under the schol6 arship program in the field of study of the pro7 gram of education. 

8 (E) The median annual earnings of indi9 viduals who completed a program of education 

10 using educational assistance provided under the 

11 scholarship program. 

12 (F) The average age of the individuals who 

13 received educational assistance under the schol14 arship program. 

15 (G) An assessment of the extent to which 

16 any educational institutions made changes to 

17 degrees or programs of education offered by the 

18 institution for which the scholarship program 

19 may be used after the date of the enactment of 

20 this Act. 

21 (2) FINAL REPORT.—Not later than August 1, 

22 2024, the Comptroller General shall submit to Con23 gress an assessment of such scholarship program 

24 that includes each of the following: 


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1 (A) Each item described in subparagraphs 

2 (A) through (G) of paragraph (1). 

3 (B) The percentage of individuals who 

4 completed a program of education using edu5 cational assistance provided under the scholar6 ship program who were subsequently employed 

7 for a period of six months or longer in the field 

8 of study of the program of education. 

9 (C) The percentage of individuals who 

10 completed a program of education using edu11 cational assistance provided under the scholar12 ship program who were subsequently employed 

13 for a period of less than six months in the field 

14 of study of the program of education. 

15 SEC. 112. HONORING THE NATIONAL SERVICE OF MEM16 BERS OF THE ARMED FORCES BY ELIMI17 NATION OF TIME LIMITATION FOR USE OF 

18 ENTITLEMENT. 

19 (a) IN GENERAL.—Subsection (a) of section 3321 is 

20 amended— 

21 (1) by striking ‘‘individual’s entitlement’’ and 

22 all that follows through the period and inserting ‘‘in23 dividual’s entitlement—’’; and 

24 (2) by adding at the end the following new 

25 paragraphs: 


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1 ‘‘(1) in the case of an individual whose last dis2 charge or release from active duty is before January, 

3 1, 2013, expires at the end of the 15-year period be4 ginning on the date of such discharge or release; or 

5 ‘‘(2) in the case of an individual whose last dis6 charge or release from active duty is on or after 

7 January 1, 2013, shall not expire.’’. 

8 (b) CHILDREN OF DECEASED MEMBERS.—Sub9 section (b)(4) of such section is amended— 

10 (1) by inserting ‘‘of this title’’ after 

11 ‘‘3311(b)(9)’’; 

12 (2) by striking ‘‘child’s entitlement’’ and all 

13 that follows through the period and inserting 

14 ‘‘child’s entitlement—’’; and 

15 (3) by adding at the end the following new sub16 paragraphs: 

17 ‘‘(A) in the case of a child who first be18 comes entitled to such entitlement before Janu19 ary 1, 2013, expires at the end of the 15-year 

20 period beginning on the date of such child’s 

21 eighteenth birthday; or 

22 ‘‘(B) in the case of a child who first be23 comes entitled to such entitlement on or after 

24 January 1, 2013, shall not expire.’’. 


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1 (c) SPOUSES OF DECEASED MEMBERS.—Subsection 

2 (b) of such section is further amended by adding at the 

3 end the following new paragraph: 

4 ‘‘(5) APPLICABILITY TO SPOUSES OF DECEASED

5 MEMBERS.—The period during which a spouse enti6 tled to educational assistance by reason of section 

7 3311(b)(9) may use such spouse’s entitlement— 

8 ‘‘(A) in the case of a spouse who first be9 comes entitled to such entitlement before Janu10 ary 1, 2013, expires at the end of the 15-year 

11 period beginning on the date on which the 

12 spouse first becomes entitled to such entitle13 ment; or 

14 ‘‘(B) in the case of a spouse who first be15 comes entitled to such entitlement on or after 

16 January 1, 2013, shall not expire.’’. 

17 SEC. 113. MONTHLY STIPEND FOR CERTAIN MEMBERS OF 

18 THE RESERVE COMPONENTS OF THE ARMED 

19 FORCES RECEIVING POST-9/11 EDUCATIONAL 

20 ASSISTANCE. 

21 (a) IN GENERAL.—Section 3313 is further amended 

22 by adding at the end the following new subsection: 

23 ‘‘(j) DETERMINATION OF MONTHLY STIPENDS DUR24 ING CERTAIN ACTIVE DUTY SERVICE.— 


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1 ‘‘(1) PRO RATA BASIS.—In any month in which 

2 an individual described in paragraph (2) is per3 forming active duty service described in section 

4 3301(1)(B) of this title, the Secretary shall deter5 mine the amount of monthly stipends payable under 

6 this section for such month on a pro rata basis for 

7 the period of such month in which the covered indi8 vidual is not performing such active duty service. 

9 ‘‘(2) INDIVIDUAL DESCRIBED.—An individual 

10 described in this paragraph is an individual who is— 

11 ‘‘(A) a member of the reserve components 

12 of the Armed Forces; and 

13 ‘‘(B) pursuing a program of education 

14 using educational assistance under this chap15 ter.’’. 

16 (b) APPLICATION.—The amendment made by sub17 section (a) shall apply with respect to a quarter, semester, 

18 or term, as applicable, commencing on or after August 1, 

19 2018. 

20 SEC. 114. ANNUAL REPORTS TO CONGRESS ON INFORMA21 TION ON STUDENT PROGRESS SUBMITTED BY 

22 EDUCATIONAL INSTITUTIONS. 

23 Section 3326 is amended— 


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1 (1) by striking ‘‘As a condition’’ and inserting 

2 ‘‘(a) SUBMITTAL OF INFORMATION BY EDU3 CATIONAL INSTITUTIONS.—As a condition’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(b) REPORTS TO CONGRESS.—Not later than March 

7 1 of each year, the Secretary shall submit to Congress a 

8 report that includes a summary of the information pro9 vided by educational institutions under subsection (a) for 

10 the calendar year preceding the year during which such 

11 report is submitted.’’. 

12 SEC. 115. IMPROVEMENT OF INFORMATION TECHNOLOGY 

13 OF THE VETERANS BENEFITS ADMINISTRA14 TION OF THE DEPARTMENT OF VETERANS 

15 AFFAIRS. 

16 (a) PROCESSING OF CERTAIN EDUCATIONAL ASSIST17 ANCE CLAIMS.—The Secretary of Veterans Affairs shall, 

18 to the maximum extent possible, make such changes and 

19 improvements to the information technology system of the 

20 Veterans Benefits Administration of the Department of 

21 Veterans Affairs to ensure that— 

22 (1) to the maximum extent possible, all original 

23 and supplemental claims for educational assistance 

24 under chapter 33 of title 38, United States Code, 

25 are adjudicated electronically; and 


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1 (2) rules-based processing is used to make deci2 sions with respect to such claims with little human 

3 intervention. 

4 (b) IMPLEMENTATION PLAN.—Not later than 180 

5 days after the date of the enactment of this Act, the Sec6 retary of Veterans Affairs shall submit to Congress a plan 

7 to implement the changes and improvements described in 

8 subsection (a). 

9 (c) REPORT.—Not later than one year after the date 

10 of the enactment of this Act, the Secretary of Veterans 

11 Affairs shall submit to Congress a report on the implemen12 tation of the changes and improvements described in sub13 section (a). 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary of Veterans 

16 Affairs $30,000,000 to carry out this section during fiscal 

17 years 2018 and 2019. 

18 SEC. 116. DEPARTMENT OF VETERANS AFFAIRS HIGH 

19 TECHNOLOGY PILOT PROGRAM. 

20 (a) PILOT PROGRAM.—The Secretary of Veterans Af21 fairs shall carry out a pilot program under which the Sec22 retary shall provide eligible veterans with the opportunity 

23 to enroll in high technology programs of education that 

24 the Secretary determines provide training or skills sought 

25 by employers in a relevant field or industry. 


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1 (b) ELIGIBILITY.—For purposes of the pilot program 

2 under this section, an eligible veteran is a veteran who 

3 is entitled to educational assistance under chapter 30, 32, 

4 33, 34, or 35 of title 38, United States Code, or chapter 

5 1606 or 1607 of title 10, United States Code. 

6 (c) CONTRACTS.— 

7 (1) IN GENERAL.—For purposes of carrying out 

8 subsection (a), by not later than 180 days after Au9 gust 1, 2018, the Secretary shall seek to enter into 

10 contracts with any number of qualified providers of 

11 high technology programs of education for the provi12 sion of such programs to eligible veterans under the 

13 pilot program. Each such contract shall provide for 

14 the conditions under which the Secretary may termi15 nate the contract with the provider and the proce16 dures for providing for the completion of the instruc17 tion of students who were enrolled in a program pro18 vided by such provider in the case of such a termi19 nation. 

20 (2) PAYMENT OF CONTRACTORS.—A contract 

21 under this subsection shall provide that the Sec22 retary shall pay to a provider— 

23 (A) upon the enrollment of an eligible vet24 eran in the program, 25 percent of the cost of 


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1 the tuition and other fees for the program of 

2 education for the veteran; 

3 (B) upon the completion of the program by 

4 the veteran, 25 percent of such cost; and 

5 (C) upon the employment of the veteran in 

6 the field of study of the program following com7 pletion of the program, 50 percent of such cost. 

8 (3) QUALIFIED PROVIDERS.—For purposes of 

9 the pilot program, a provider of a high technology 

10 program of education is qualified if— 

11 (A) the provider has been operational for 

12 at least two years; 

13 (B) the provider has successfully provided 

14 the high technology program for at least one 

15 year; and 

16 (C) the provider meets the approval cri17 teria developed by the Secretary under para18 graph (4). 

19 (4) APPROVAL CRITERIA.—The Secretary shall 

20 develop criteria for approving providers for purposes 

21 of the pilot program. In developing such criteria, the 

22 Secretary may consult with State approving agen23 cies. Such criteria is not required to meet the re24 quirements of section 3672 of title 38, United States 

25 Code. 


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1 (5) TUITION REIMBURSEMENT.—In entering 

2 into contracts to carry out the pilot program, the 

3 Secretary shall give preference to a qualified pro4 vider that offers tuition reimbursement for any stu5 dent who— 

6 (A) completes a program of education of7 fered by the provider; and 

8 (B) does not find full-time meaningful em9 ployment in the field of study of the program 

10 within the 180-day period beginning on the date 

11 the student completes the program. 

12 (d) HOUSING STIPEND.—The Secretary shall pay to 

13 each eligible veteran who is enrolled in a high technology 

14 program of education under the pilot program on a full15 time basis a monthly housing stipend equal to the prod16 uct— 

17 (1) of— 

18 (A) in the case of a veteran pursuing resi19 dent training, the monthly amount of the basic 

20 allowance for housing payable under section 

21 403 of title 37, United States Code, for a mem22 ber with dependents in pay grade E–5 residing 

23 in the military housing area that encompasses 

24 all or the majority portion of the ZIP code area 


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1 in which is located the institution at which the 

2 individual is enrolled; or 

3 (B) in the case of a veteran pursuing a 

4 program of education through distance learn5 ing, a monthly amount equal to 50 percent of 

6 the amount payable under subparagraph (A), 

7 multiplied by 

8 (2) the lesser of— 

9 (A) 1.0; or 

10 (B) the number of course hours borne by 

11 the individual in pursuit of the program of edu12 cation involved, divided by the minimum num13 ber of course hours required for full-time pur14 suit of such program of education, rounded to 

15 the nearest multiple of 10. 

16 (e) HIGH TECHNOLOGY PROGRAM OF EDUCATION

17 DEFINED.—In this section, the term ‘‘high technology 

18 program of education’’ means a program of education 

19 that— 

20 (1) is offered by an entity other than an institu21 tion of higher learning; 

22 (2) does not lead to a degree; and 

23 (3) provides instruction in computer program24 ming, computer software, media application, data 

25 processing, or information sciences. 


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1 (f) REPORTS.— 

2 (1) SECRETARY OF VETERANS AFFAIRS.—Not 

3 later than one year after the date of the enactment 

4 of this Act, and annually thereafter, the Secretary 

5 shall submit to Congress a report on the pilot pro6 gram under this section. 

7 (2) COMPTROLLER GENERAL.— 

8 (A) INTERIM REPORT.—Not later than 

9 three years after the date on which the Sec10 retary first enters into a contract under this 

11 section, the Comptroller General of the United 

12 States shall submit to Congress a report con13 taining the results of the interim assessment of 

14 the Comptroller General. Such report shall in15 clude the recommendations of the Comptroller 

16 General for improving the pilot program and an 

17 assessment of each of the following: 

18 (i) The technology experience of the 

19 directors and instructors of the providers 

20 of high technology programs of education 

21 under the pilot program. 

22 (ii) Whether the providers cooperated 

23 with the technology industry to create the 

24 curriculum for the program of education. 


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1 (iii) Whether the providers use an 

2 open source curriculum for the program of 

3 education. 

4 (iv) The admittance rate into the pilot 

5 program. 

6 (v) The job placement and retention 

7 rate for veterans who completed a program 

8 of education under the pilot program in 

9 the field of study of the program. 

10 (vi) The percentage of veterans who 

11 completed a program of education under 

12 the pilot program who were subsequently 

13 employed for a period of six months or 

14 longer in a field of study of the program. 

15 (vii) The percentage of veterans who 

16 completed a program of education under 

17 the pilot program who were subsequently 

18 employed for a period of less than six 

19 months in a field of study of the program. 

20 (viii) The median annual salary of 

21 veterans who completed a program of edu22 cation under the pilot program and were 

23 subsequently employed. 

24 (ix) As applicable, the transfer rates 

25 to other academic or vocational programs 


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1 and certifications and licensure exam pas2 sage rates. 

3 (x) The average age of veterans who 

4 participated in the pilot program. 

5 (B) FINAL REPORT.—Not later than five 

6 years after the date on which the Secretary first 

7 enters into a contract under this section, the 

8 Comptroller General shall submit to Congress a 

9 final report on the pilot program. Such report 

10 shall include the recommendation of the Comp11 troller General with respect to whether the pro12 gram should be extended and an assessment of 

13 each item described in clauses (i) through (x) of 

14 subparagraph (A). 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—For each 

16 fiscal year during which the Secretary carries out a pilot 

17 program under this section, $15,000,000 shall be made 

18 available for such purpose from funds appropriated to, or 

19 otherwise made available to, the Department for the pay20 ment of readjustment benefits. 

21 (h) TERMINATION.—The authority to carry out a 

22 pilot program under this section shall terminate on the 

23 date that is five years after the date on which the Sec24 retary first enters into a contract under this section. 


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1 TITLE II—OTHER EDUCATIONAL 

2 ASSISTANCE PROGRAMS 

3 SEC. 201. WORK-STUDY ALLOWANCE. 

4 Section 3485(a)(4) is amended by striking ‘‘the pe5 riod beginning on June 30, 2017, and ending on June 30, 

6 2022,’’ each place it appears and inserting ‘‘any time on 

7 or after June 30, 2017,’’. 

8 SEC. 202. DURATION OF EDUCATIONAL ASSISTANCE UNDER 

9 SURVIVORS’ AND DEPENDENTS’ EDU10 CATIONAL ASSISTANCE PROGRAM. 

11 Section 3511(a)(1) is amended— 

12 (1) by striking ‘‘chapter for’’ and all that fol13 lows through the period and inserting ‘‘chapter—’’; 

14 and 

15 (2) by adding at the end the following new sub16 paragraphs: 

17 ‘‘(A) in the case of a person who first enrolls 

18 in a program of education using such entitlement be19 fore August 1, 2018, for an aggregate period not in 

20 excess of 45 months (or to the equivalent thereof in 

21 part-time training); or 

22 ‘‘(B) in the case of a person who first enrolls 

23 in a program of education using such entitlement on 

24 or after August 1, 2018, for an aggregate period not 


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1 in excess of 36 months (or to the equivalent thereof 

2 in part-time training).’’. 

3 SEC. 203. OLIN E. TEAGUE INCREASE IN AMOUNTS OF EDU4 CATIONAL ASSISTANCE PAYABLE UNDER 

5 SURVIVORS’ AND DEPENDENTS’ EDU6 CATIONAL ASSISTANCE PROGRAM. 

7 (a) INCREASE.—Section 3532 is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘$788’’ and inserting 

11 ‘‘$1,224’’; 

12 (ii) by striking ‘‘$592’’ and inserting 

13 ‘‘$967’’; and 

14 (iii) by striking ‘‘$394’’ and inserting 

15 ‘‘$710’’; and 

16 (B) in paragraph (2)(B), by striking 

17 ‘‘$788’’ and inserting ‘‘$1,224’’; and 

18 (2) in subsection (b), by striking ‘‘$788’’ and 

19 inserting ‘‘$1,224’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall apply with respect to a month that 

22 begins on or after October 1, 2018. 


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1 TITLE III—ADMINISTRATION OF 

2 EDUCATIONAL ASSISTANCE 

3 PROGRAMS 

4 SEC. 301. STATE APPROVING AGENCY FUNDING. 

5 (a) INCREASE.—Section 3674(a) of title 38, United 

6 States Code, is amended— 

7 (1) in paragraph (2)(A), by striking ‘‘out of 

8 amounts available for the payment of readjustment 

9 benefits’’ and inserting ‘‘out of amounts in the De10 partment of Veterans Affairs readjustment benefits 

11 account and amounts appropriated to the Sec12 retary’’; 

13 (2) by redesignating paragraph (4) as para14 graph (5); 

15 (3) by inserting after paragraph (3) the fol16 lowing new paragraph (4): 

17 ‘‘(4) In addition to amounts made available under 

18 paragraph (5), there is authorized to be appropriated to 

19 carry out this section $3,000,000 for fiscal year 2019 and 

20 each subsequent fiscal year.’’; and 

21 (4) in paragraph (5), as so redesignated— 

22 (A) by striking ‘‘The total’’ and inserting 

23 ‘‘(A) The total’’; 

24 (B) by striking ‘‘for any fiscal year shall 

25 be $19,000,000’’ and inserting ‘‘for fiscal year 


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1 2018 shall be $21,000,000 and for fiscal year 

2 2019 and thereafter shall be $23,000,000’’; and 

3 (C) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(B) Beginning in fiscal year 2019, whenever there 

6 is an increase in benefit amounts payable under title II 

7 of the Social Security Act (42 U.S.C. 401 et seq.) as a 

8 result of a determination made under section 215(i) of 

9 such Act (42 U.S.C. 415(i)), the Secretary shall, effective 

10 on the date of such increase in benefit amounts, increase 

11 the amount in effect under subparagraph (A), as in effect 

12 immediately prior to the date of such increase in benefit 

13 amounts payable under title II of the Social Security Act, 

14 by the same percentage as the percentage by which such 

15 benefit amounts are increased.’’. 

16 SEC. 302. AUTHORIZATION FOR USE OF POST-9/11 EDU17 CATIONAL ASSISTANCE TO PURSUE INDE18 PENDENT STUDY PROGRAMS AT CERTAIN 

19 EDUCATIONAL INSTITUTIONS THAT ARE NOT 

20 INSTITUTIONS OF HIGHER LEARNING. 

21 Section 3680A is amended— 

22 (1) in subsection (a)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘in—’’ and inserting ‘‘in any of the 

25 following:’’; 


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1 (B) in paragraph (1)— 

2 (i) by striking ‘‘any’’ and inserting 

3 ‘‘Any’’; and 

4 (ii) by striking the semicolon at the 

5 end and inserting a period; 

6 (C) in paragraph (2)— 

7 (i) by striking ‘‘any’’ and inserting 

8 ‘‘Any’’; and 

9 (ii) by striking the semicolon at the 

10 end and inserting a period; 

11 (D) in paragraph (3)— 

12 (i) by striking ‘‘any’’ and inserting 

13 ‘‘Any’’; and 

14 (ii) by striking ‘‘; or’’ and inserting a 

15 period; and 

16 (E) by striking paragraph (4) and insert17 ing the following new paragraph (4): 

18 ‘‘(4) Any independent study program except an 

19 independent study program (including such a pro20 gram taken over open circuit television) that— 

21 ‘‘(A) is accredited by an accrediting agency 

22 or association recognized by the Secretary of 

23 Education under subpart 2 of part H of title IV 

24 of the Higher Education Act of 1965 (20 

25 U.S.C. 1099b); 


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1 ‘‘(B) leads to— 

2 ‘‘(i) a standard college degree; 

3 ‘‘(ii) a certificate that reflects edu4 cational attainment offered by an institu5 tion of higher learning; or 

6 ‘‘(iii) a certificate that reflects comple7 tion of a course of study offered by— 

8 ‘‘(I) an area career and technical 

9 education school (as defined in sub10 paragraphs (C) and (D) of section 

11 3(3) of the Carl D. Perkins Career 

12 and Technical Education Act of 2006 

13 (20 U.S.C. 2302(3))) that provides 

14 education at the postsecondary level; 

15 or 

16 ‘‘(II) a postsecondary vocational 

17 institution (as defined in section 

18 102(c) of the Higher Education Act of 

19 1965 (20 U.S.C. 1002(c))) that pro20 vides education at the postsecondary 

21 level; and 

22 ‘‘(C) in the case of a program described in 

23 subparagraph (B)(iii)— 

24 ‘‘(i) provides training aligned with the 

25 requirements of employers in the State or 


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1 local area where the program is located, 

2 which may include in-demand industry sec3 tors or occupations; 

4 ‘‘(ii) provides a student, upon comple5 tion of the program, with a recognized 

6 postsecondary credential that is recognized 

7 by employers in the relevant industry, 

8 which may include a credential recognized 

9 by industry or sector partnerships in the 

10 State or local area where the industry is 

11 located; and 

12 ‘‘(iii) meets such content and instruc13 tional standards as may be required to 

14 comply with the criteria under section 

15 3676(c)(14) and (15) of this title.’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(h) In this section, the terms ‘State or local area’, 

19 ‘recognized postsecondary credential’, ‘industry or sector 

20 partnership’, and ‘in-demand industry sector or occupa21 tion’ have the meaning given such terms in section 3 of 

22 the Workforce Innovation and Opportunity Act (29 U.S.C. 

23 3102).’’. 


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1 SEC. 303. PROVISION OF INFORMATION ON PRIORITY EN2 ROLLMENT FOR VETERANS IN CERTAIN 

3 COURSES OF EDUCATION. 

4 Section 3698(c)(1)(C) is amended— 

5 (1) in clause (ix), by striking ‘‘and’’ at the end; 

6 (2) in clause (x), by striking the period and in7 serting ‘‘; and’’; and 

8 (3) by adding at the end the following new 

9 clause: 

10 ‘‘(xi) information on whether the institu11 tion administers a priority enrollment system 

12 that allows certain student veterans to enroll in 

13 courses earlier than other students.’’. 

14 SEC. 304. LIMITATION ON USE OF REPORTING FEES PAY15 ABLE TO EDUCATIONAL INSTITUTIONS AND 

16 SPONSORS OF PROGRAMS OF APPRENTICE17 SHIP. 

18 (a) IN GENERAL.—Subsection (c) of section 3684 is 

19 amended to read as follows: 

20 ‘‘(c)(1) The Secretary may pay to any educational in21 stitution, or to the sponsor of a program of apprenticeship, 

22 furnishing education or training under either this chapter 

23 or chapter 31, 34, or 35 of this title, a reporting fee which 

24 will be in lieu of any other compensation or reimbursement 

25 for reports or certifications which such educational instituVerDate Sep 11 2014 22:16 Aug 02, 2017 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1598.RS S1598

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1 tion or sponsor of a program of apprenticeship is required 

2 to submit to the Secretary by law or regulation. 

3 ‘‘(2) Such reporting fee shall be computed for each 

4 calendar year by multiplying $16 by the number of eligible 

5 veterans or eligible persons enrolled under this chapter or 

6 chapter 31, 34, or 35 of this title. The reporting fee shall 

7 be paid to such educational institution or sponsor of a pro8 gram of apprenticeship as soon as feasible after the end 

9 of the calendar year for which it is applicable. 

10 ‘‘(3) No reporting fee payable to an educational insti11 tution under this subsection shall be subject to offset by 

12 the Secretary against any liability of such institution for 

13 any overpayment for which such institution may be admin14 istratively determined to be liable under section 3685 of 

15 this title unless such liability is not contested by such in16 stitution or has been upheld by a final decree of a court 

17 of appropriate jurisdiction. 

18 ‘‘(4) Any reporting fee paid to an educational institu19 tion or sponsor of a program of apprenticeship after the 

20 date of the enactment of the Post-9/11 Veterans Edu21 cational Assistance Improvements Act of 2011 (Public 

22 Law 111–377)— 

23 ‘‘(A) shall be utilized by such institution or 

24 sponsor solely for the making of certifications re25 quired under this chapter or chapter 31, 34, or 35 


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1 of this title or for otherwise supporting programs for 

2 veterans; and 

3 ‘‘(B) with respect to an institution that has 100 

4 or more enrollees described in paragraph (2) may 

5 not be used for or merged with amounts available 

6 for the general fund of the educational institution or 

7 sponsor of a program of apprenticeship. 

8 ‘‘(5) The reporting fee payable under this subsection 

9 shall be paid from amounts appropriated for readjustment 

10 benefits.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on August 1, 2018. 

13 SEC. 305. TRAINING FOR SCHOOL CERTIFYING OFFICIALS. 

14 (a) TRAINING REQUIREMENT.—The Secretary of 

15 Veterans Affairs shall, in consultation with the State ap16 proving agencies, set forth requirements relating to train17 ing for school certifying officials employed by covered edu18 cational institutions offering courses of education ap19 proved under chapter 36 of title 38, United States Code. 

20 If a covered educational institution does not ensure that 

21 a school certifying official employed by the educational in22 stitution meets such requirements, the Secretary may dis23 approve any course of education offered by such edu24 cational institution. 

25 (b) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘covered educational institution’’ 

2 means an educational institution that has enrolled 

3 20 or more individuals using educational assistance 

4 under title 38, United States Code. 

5 (2) The term ‘‘school certifying official’’ means 

6 an employee of an educational institution with pri7 mary responsibility for certifying veteran enrollment 

8 at the educational institution. 

9 (3) The term ‘‘State approving agency’’ means 

10 a department or agency of a State designated under 

11 section 3671 of title 38, United States Code. 

12 (c) EFFECTIVE DATE.—This section shall take effect 

13 on August 1, 2018. 

14 SEC. 306. EXTENSION OF AUTHORITY FOR ADVISORY COM15 MITTEE ON EDUCATION. 

16 Section 3692 is amended by striking ‘‘December 31, 

17 2017’’ and inserting ‘‘December 31, 2022’’. 

18 SEC. 307. DEPARTMENT OF VETERANS AFFAIRS PROVISION 

19 OF ON-CAMPUS EDUCATIONAL AND VOCA20 TIONAL COUNSELING FOR VETERANS. 

21 (a) IN GENERAL.—Chapter 36 is amended by insert22 ing after section 3697A the following new section: 


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1 ‘‘§ 3697B. On-campus educational and vocational 

2 counseling 

3 ‘‘(a) IN GENERAL.—The Secretary shall provide edu4 cational and vocational counseling services for individuals 

5 described in section 3697A(b) of this title at locations on 

6 the campuses of institutions of higher learning selected by 

7 the Secretary. Such counseling services shall be provided 

8 by employees of the Department who provide such services 

9 under section 3697A of this title. 

10 ‘‘(b) SELECTION OF LOCATIONS.—(1) To be selected 

11 by the Secretary under this section, an institution of high12 er learning shall provide an appropriate space on the cam13 pus of the institution where counseling services can be pro14 vided under this section. 

15 ‘‘(2) In selecting locations for the provision of coun16 seling services under this section, the Secretary shall seek 

17 to select locations where the maximum number of veterans 

18 would have access to such services. 

19 ‘‘(c) ANNUAL REPORT.—Not later than 180 days 

20 after the date of the enactment of this section, and each 

21 year thereafter, the Secretary shall submit to Congress a 

22 report on the counseling services provided under this sec23 tion. Such report shall include, for the year covered by 

24 the report— 

25 ‘‘(1) the average ratio of counselors providing 

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1 ices at each location where such services were pro2 vided; 

3 ‘‘(2) a description of such services provided; 

4 ‘‘(3) the recommendations of the Secretary for 

5 improving the provision of such services; and 

6 ‘‘(4) any other matters the Secretary deter7 mines appropriate.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 3697A the following new 

11 item: 

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

12 SEC. 308. PROVISION OF INFORMATION REGARDING VET13 ERAN ENTITLEMENT TO EDUCATIONAL AS14 SISTANCE. 

15 (a) IN GENERAL.—Subchapter II of chapter 36 is 

16 further amended by adding at the end the following new 

17 section: 

18 ‘‘§ 3699A. Provision of certain information to edu19 cational institutions 

20 ‘‘(a) IN GENERAL.—For each veteran or other indi21 vidual pursuing a course of education that has been ap22 proved under this chapter using educational assistance to 

23 which the veteran or other individual is entitled under 

24 chapter 30, 32, 33, or 35 of this title, the Secretary shall 

25 make available to the educational institution offering the 


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1 course information about the amount of such educational 

2 assistance to which the veteran or other individual is enti3 tled. Such information shall be provided to such edu4 cational institution through a secure information tech5 nology system accessible by the educational institution and 

6 shall be regularly updated to reflect any amounts used by 

7 the veteran or other individual. 

8 ‘‘(b) ELECTION.—A veteran or other individual pur9 suing a course of education described in subsection (a) 

10 may elect not to provide the information described in such 

11 subsection to an educational institution in a manner pre12 scribed by the Secretary.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is further amended by 

15 inserting after the item relating to section 3699 the fol16 lowing new item: 

‘‘3699A. Provision of certain information to educational institutions.’’. 

17 (c) EFFECTIVE DATE.—Section 3699A of title 38, 

18 United States Code, as added by this section, shall take 

19 effect on August 1, 2018. 


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1 SEC. 309. TREATMENT, FOR PURPOSES OF EDUCATIONAL 

2 ASSISTANCE ADMINISTERED BY THE SEC3 RETARY OF VETERANS AFFAIRS, OF EDU4 CATIONAL COURSES THAT BEGIN SEVEN OR 

5 FEWER DAYS AFTER THE FIRST DAY OF AN 

6 ACADEMIC TERM. 

7 Section 3684(a) is amended— 

8 (1) by redesignating paragraph (4) as para9 graph (5); and 

10 (2) by inserting after paragraph (3) the fol11 lowing new paragraph (4): 

12 ‘‘(4) A course offered by an educational institution 

13 that does not begin on the first day of an academic term, 

14 but does begin seven or fewer days after such day, shall 

15 be treated as beginning on such day for purposes of this 

16 section.’’. 

17 SEC. 310. INCLUSION OF RISK-BASED SURVEYS IN STATE 

18 APPROVING AGENCY OVERSIGHT ACTIVITIES. 

19 Section 3673(d) is amended— 

20 (1) in the subsection heading, by striking 

21 ‘‘COMPLIANCE AND’’; 

22 (2) by striking ‘‘such compliance and oversight’’ 

23 and inserting ‘‘conducting risk-based surveys and 

24 other such oversight’’; and 

25 (3) by inserting ‘‘, in consultation with the 

26 State approving agencies,’’ after ‘‘as the Secretary’’. 


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1 SEC. 311. COMPTROLLER GENERAL STUDY OF STATE AP2 PROVING AGENCY PERFORMANCE. 

3 (a) STUDY REQUIRED.—The Comptroller General of 

4 the United States shall carry out a study on the perform5 ance of State approving agencies. Such study shall include 

6 each of the following: 

7 (1) An analysis of the effectiveness of the co8 operation between the Secretary of Veterans Affairs 

9 and State approving agencies regarding the execu10 tion of shared compliance and oversight responsibil11 ities under chapter 36 of title 38, United States 

12 Code. 

13 (2) An analysis of the resources necessary for 

14 State approving agencies to fulfill the responsibilities 

15 of such agencies under such title, including an anal16 ysis of whether Congress has appropriated sufficient 

17 funds for State approving agencies to fulfill such re18 sponsibilities and the historic effect of funding on 

19 the ability of such agencies to fulfill such respon20 sibilities. 

21 (3) An evaluation of the use by State approving 

22 agencies of risk-based methods of review for identi23 fying violations of established standards under such 

24 chapter. 

25 (4) An examination of how State approving 

26 agencies use risk factors, including rapid increases 


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1 in veteran enrollment, increases in the amount of 

2 benefits per capita, volume of student complaints, 

3 rates of Federal student loan defaults of veterans, 

4 veteran completion rates, deficiencies identified by 

5 accreditors and other State agencies, and defi6 ciencies in Department of Veterans Affairs program 

7 administration compliance, in their oversight and 

8 compliance responsibilities and in selecting edu9 cational institutions for review of eligibility. 

10 (5) Recommendations on how the Secretary and 

11 State approving agencies can better use data to 

12 evaluate, approve, or disapprove educational institu13 tions under such chapter. 

14 (b) REPORT TO CONGRESS.—Not later than one year 

15 after the date of the enactment of this Act, the Comp16 troller General shall submit to the Secretary of Veterans 

17 Affairs, the Committee on Veterans’ Affairs of the Senate, 

18 and the Committee on Veterans’ Affairs of the House of 

19 Representatives, a report on the study required under sub20 section (a) and the findings and recommendations of the 

21 Comptroller General with respect to such study. 


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1 TITLE IV—RESERVE 

2 COMPONENT BENEFITS 

3 SEC. 401. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

4 FOR POST-9/11 EDUCATIONAL ASSISTANCE. 

5 (a) IN GENERAL.—Section 3301(1)(B) is amended 

6 by striking ‘‘or 12304’’ and inserting ‘‘12304, 12304a, or 

7 12304b’’. 

8 (b) RETROACTIVE APPLICATION.—The amendment 

9 made by subsection (a) shall apply with respect to service 

10 in the Armed Forces occurring on or after the date of the 

11 enactment of the Post-9/11 Veterans Educational Assist12 ance Act of 2008 (Public Law 110–252). 

13 (c) APPLICATION WITH RESPECT TO USE OF ENTI14 TLEMENT.—An individual who is entitled to educational 

15 assistance by reason of the amendment made by sub16 section (a) may use such entitlement to pursue a course 

17 of education beginning on or after August 1, 2018. 

18 SEC. 402. TIME LIMITATION FOR TRAINING AND REHABILI19 TATION FOR VETERANS WITH SERVICE-CON20 NECTED DISABILITIES. 

21 Section 3103(f) is amended by striking ‘‘or 12304’’ 

22 and inserting ‘‘12304, 12304a, or 12304b’’. 


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1 TITLE V—OTHER MATTERS 

2 SEC. 501. REPEAL INAPPLICABILITY OF MODIFICATION OF 

3 BASIC ALLOWANCE FOR HOUSING TO BENE4 FITS UNDER LAWS ADMINISTERED BY SEC5 RETARY OF VETERANS AFFAIRS. 

6 (a) REPEAL.—Subsection (b) of section 604 of the 

7 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De8 fense Authorization Act for Fiscal Year 2015 (Public Law 

9 113–291; 37 U.S.C. 403 note) is repealed. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on January 1, 2018, and 

12 shall apply with respect to individuals who first use their 

13 entitlement to educational assistance under chapter 33 of 

14 title 38, United States Code, on or after such date. 

15 SEC. 502. RECONSIDERATION OF PREVIOUSLY DENIED 

16 CLAIMS FOR DISABILITY COMPENSATION 

17 FOR VETERANS WHO ALLEGE FULL-BODY EX18 POSURE TO NITROGEN MUSTARD GAS, SUL19 FUR MUSTARD GAS, OR LEWISITE DURING 

20 WORLD WAR II. 

21 (a) IN GENERAL.— 

22 (1) RECONSIDERATION REQUIRED.—The Sec23 retary of Veterans Affairs shall reconsider all claims 

24 for compensation described in paragraph (2) and 


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1 make a new determination regarding each such 

2 claim. 

3 (2) CLAIMS FOR COMPENSATION DESCRIBED.— 

4 A claim for compensation described in this para5 graph is a claim for compensation under chapter 11 

6 of title 38, United States Code, that the Secretary 

7 determines— 

8 (A) arose from the alleged full-body expo9 sure of a veteran to a covered substance— 

10 (i) during active military, naval, or air 

11 service during World War II; and 

12 (ii) at a site listed in paragraph (3); 

13 and 

14 (B) was denied before the date of the en15 actment of this Act. 

16 (3) SITES.—The sites listed in this paragraph 

17 are the following: 

18 (A) Camp Siebert, Alabama. 

19 (B) Fort McClellan, Alabama. 

20 (C) Huntsville Arsenal, Alabama. 

21 (D) Rocky Mountain Arsenal, Colorado. 

22 (E) Naval Research Laboratory, D.C. 

23 (F) Bushnell Field, Florida. 

24 (G) Great Lakes Naval Training Center, 

25 Illinois. 


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1 (H) Edgewood Arsenal, Maryland. 

2 (I) Fort Detrick, Maryland. 

3 (J) Naval Research Laboratory, Maryland. 

4 (K) Naval Training Center, Bainbridge, 

5 Maryland. 

6 (L) Horn Island Installation, Mississippi. 

7 (M) Camp Crowder, Missouri. 

8 (N) Hart’s Island, New York. 

9 (O) Camp Lejeune, North Carolina. 

10 (P) Charleston, South Carolina. 

11 (Q) Dugway Proving Ground, Utah. 

12 (R) Toole Army Depot, Utah. 

13 (S) Naval Research Laboratory, Virginia. 

14 (T) U.S.S. Eagle Boat No. 58. 

15 (U) Ondal, India. 

16 (V) Fort Clayton, San Jose Island, Pan17 ama. 

18 (W) Any site the Secretary of Veterans Af19 fairs determines is appropriate. 

20 (4) FACTORS OF CONSIDERATION.—In making 

21 a determination under paragraph (1), the Sec22 retary— 

23 (A) shall consider— 

24 (i) that contemporaneous records of 

25 testing of full-body exposure to a covered 


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1 substance frequently may be unavailable 

2 because such tests were classified or such 

3 records were lost or destroyed; 

4 (ii) that many veterans were sworn to 

5 secrecy following testing described in 

6 clause (i); 

7 (iii) each statement based on personal 

8 knowledge of a veteran who served at a 

9 site listed in paragraph (3); 

10 (iv) information in the report from the 

11 Secretary of Defense under subsection 

12 (b)(2); and 

13 (v) any evidence the Secretary con14 siders relevant; and 

15 (B) may not determine that testing of full16 body exposure to a covered substance did not 

17 occur at a site based solely on— 

18 (i) information contained in the De19 partment of Defense and Department of 

20 Veterans Affairs Chemical Biological War21 fare Database; or 

22 (ii) any list of known sites of testing 

23 of full-body exposure to a covered sub24 stance maintained by the Department of 


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1 Veterans Affairs or the Department of De2 fense. 

3 (5) PRESUMPTION OF EXPOSURE.—In carrying 

4 out paragraph (1), when the Secretary of Veterans 

5 Affairs makes a determination regarding whether a 

6 veteran experienced full-body exposure to a covered 

7 substance, the Secretary— 

8 (A) shall presume, unless there is affirma9 tive evidence to establish otherwise, that the 

10 veteran experienced such exposure by reason of 

11 the service of the veteran in World War II— 

12 (i) based on the locations listed in 

13 paragraph (3); and 

14 (ii) consistent with the places, types, 

15 and circumstances of service of the veteran 

16 in accordance with section 1154 of title 38; 

17 and 

18 (B) shall resolve each reasonable doubt in 

19 favor of the veteran. 

20 (6) EFFECTIVE DATE OF AWARD.—The effec21 tive date of any award of disability compensation re22 sulting from reconsideration of a claim under para23 graph (1) shall be fixed in accordance with the facts 

24 found, but shall not be earlier than the date of the 


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1 receipt of the claim for compensation described in 

2 paragraph (2). 

3 (b) INVESTIGATION AND REPORT BY THE SEC4 RETARY OF DEFENSE.—Not later than 180 days after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 shall— 

7 (1) investigate and assess each site— 

8 (A) where the Army Corps of Engineers 

9 has uncovered evidence of testing conducted by 

10 the Department of Defense during World War 

11 II to assess the effects of full-body exposure to 

12 a covered substance on humans; or 

13 (B) with regards to which more than two 

14 veterans have been denied claims for compensa15 tion under chapter 11 of title 38, United States 

16 Code, in connection with exposure to a covered 

17 substance at such site; and 

18 (2) submit to the appropriate congressional 

19 committees and the Secretary of Veterans Affairs a 

20 report on testing described in paragraph (1)(A), in21 cluding— 

22 (A) a list of each location where such test23 ing occurred, including locations investigated 

24 and assessed under paragraph (1); 

25 (B) the dates of each such testing; and 


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1 (C) the number of members of the Armed 

2 Forces who experienced full-body exposure to a 

3 covered substance in each such testing. 

4 (c) INVESTIGATION AND REPORT BY SECRETARY OF

5 VETERANS AFFAIRS.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of Vet7 erans Affairs shall— 

8 (1) investigate and assess— 

9 (A) the actions taken by the Secretary to 

10 contact individuals who experienced full-body 

11 exposure to a covered substance in the course 

12 of testing described in subsection (b)(1)(A); 

13 (B) the number of claims filed with the 

14 Secretary for disability compensation under 

15 chapter 11 of title 38, United States Code, aris16 ing from testing described in subsection 

17 (b)(1)(A); and 

18 (C) the percentage of claims described in 

19 subparagraph (B) that the Secretary denied; 

20 and 

21 (2) submit to the appropriate congressional 

22 committees and the Secretary of Defense a report 

23 regarding the investigations and assessments carried 

24 out under paragraph (1). 

25 (d) DEFINITIONS.—In this section: 


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1 (1) The terms ‘‘active military, naval, or air 

2 service’’, ‘‘veteran’’, and ‘‘World War II’’ have the 

3 meanings given such terms in section 101 of title 38, 

4 United States Code. 

5 (2) The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committees on Armed Services of 

8 the House of Representatives and the Senate; 

9 and 

10 (B) the Committees on Veterans’ Affairs of 

11 the House of Representatives and the Senate. 

12 (3) The term ‘‘covered substance’’ means— 

13 (A) nitrogen mustard gas; 

14 (B) sulfur mustard gas; or 

15 (C) Lewisite. 

16 (4) The term ‘‘full-body exposure’’, with respect 

17 to a covered substance, has the meaning given that 

18 term by the Secretary of Defense. 


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Calendar No. 200 

115TH CONGRESS 

1ST SESSION S. 1598 

A BILL 

To amend title 38, United States Code, to make 

purposes. the Secretary of Veterans Affairs, and for other certain improvements in the laws administered by 

AUGUST 2, 2017 

Reported without amendment 


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