II 

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, and Mr. CASSIDY) introduced the following bill; which was read 

twice and referred to the Committee on Veterans’ Affairs 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Harry W. Colmery Veterans Educational Assistance Act 

4 of 2017’’. 

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

6 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. 

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. 


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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. 

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 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

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

4 TITLE I—POST-9/11 EDU5 CATIONAL ASSISTANCE PRO6 GRAM 

7 SEC. 101. CONSIDERATION OF CERTAIN TIME SPENT RE8 CEIVING MEDICAL CARE FROM SECRETARY 

9 OF DEFENSE AS ACTIVE DUTY FOR PUR10 POSES OF ELIGIBILITY FOR POST-9/11 EDU11 CATIONAL ASSISTANCE. 

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

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

14 (b) RETROACTIVE APPLICATION.—The amendment 

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

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

17 2001. 

18 (c) APPLICATION WITH RESPECT TO USE OF ENTI19 TLEMENT.—An individual who is entitled to educational 

20 assistance by reason of the amendment made by sub21 section (a) may use such entitlement to pursue a course 

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


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

2 EDUCATIONAL ASSISTANCE PROGRAM FOR 

3 MEMBERS OF THE ARMED FORCES AWARDED 

4 THE PURPLE HEART. 

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

6 adding at the end the following new paragraph: 

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

8 Heart for service in the Armed Forces occurring on 

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

10 on active duty in the Armed Forces or is discharged 

11 or released from active duty as described in sub12 section (c).’’. 

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

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

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

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

17 SEC. 103. INCLUSION OF FRY SCHOLARSHIP RECIPIENTS 

18 AND PURPLE HEART RECIPIENTS IN YELLOW 

19 RIBBON G.I. EDUCATION ENHANCEMENT 

20 PROGRAM. 

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

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

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

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

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


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1 SEC. 104. INCLUSION OF CERTAIN MEMBERS OF THE 

2 ARMED FORCES SERVING ON ACTIVE DUTY 

3 IN YELLOW RIBBON G.I. EDUCATION EN4 HANCEMENT PROGRAM. 

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

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

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

8 3313 of this title’’. 

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

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

11 SEC. 105. CONSOLIDATION OF CERTAIN ELIGIBILITY TIERS 

12 UNDER POST-9/11 EDUCATIONAL ASSISTANCE 

13 PROGRAM OF THE DEPARTMENT OF VET14 ERANS AFFAIRS. 

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

16 section 102, is further amended— 

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

18 months’’ and inserting ‘‘6 months’’; 

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

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

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

22 (b) AMOUNT OF EDUCATIONAL ASSISTANCE.—Sec23 tion 3313(c) is amended by striking paragraph (7). 

24 (c) CONFORMING AMENDMENTS.—Chapter 33 is fur25 ther amended as follows: 


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

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

3 (8)’’. 

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

5 102— 

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

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

8 (B) in subsection (d), by striking ‘‘para9 graphs (2) through (7)’’ each place it appears 

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

11 (C) in subsection (e)(2)(C)— 

12 (i) by striking ‘‘paragraphs (3) 

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

14 (3) through (7)’’; and 

15 (ii) by striking ‘‘paragraphs (2) 

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

17 (2) through (6)’’; 

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

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

20 ‘‘paragraphs (2) through (6)’’; 

21 (E) in subsection (g)(3)— 

22 (i) in subparagraph (A)(iv)— 

23 (I) by striking ‘‘paragraphs (3) 

24 through (8)’’ and inserting ‘‘para25 graphs (3) through (7)’’; and 


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1 (II) by striking ‘‘paragraphs (2) 

2 through (7)’’ and inserting ‘‘para3 graphs (2) through (6)’’; 

4 (ii) in subparagraph (B)(iii)— 

5 (I) by striking ‘‘paragraphs (3) 

6 through (8)’’ and inserting ‘‘para7 graphs (3) through (7)’’; and 

8 (II) by striking ‘‘paragraphs (2) 

9 through (7)’’ and inserting ‘‘para10 graphs (2) through (6)’’; 

11 (iii) in subparagraph (C)(ii)— 

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

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

14 (II) in subclause (II)— 

15 (aa) by striking ‘‘paragraphs 

16 (3) through (8)’’ and inserting 

17 ‘‘paragraphs (3) through (7)’’; 

18 and 

19 (bb) by striking ‘‘paragraphs 

20 (2) through (7)’’ and inserting 

21 ‘‘paragraphs (2) through (6)’’; 

22 and 

23 (iv) in subparagraph (D)(ii)— 

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

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


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1 (II) in subclause (II)— 

2 (aa) by striking ‘‘paragraphs 

3 (3) through (8)’’ and inserting 

4 ‘‘paragraphs (3) through (7)’’; 

5 and 

6 (bb) by striking ‘‘paragraphs 

7 (2) through (7)’’ and inserting 

8 ‘‘paragraphs (2) through (6)’’; 

9 and 

10 (F) in subsection (h), by striking ‘‘para11 graphs (2) through (7)’’ and inserting ‘‘para12 graphs (2) through (6)’’. 

13 (3) In section 3316— 

14 (A) in subsection (a)(1), by striking ‘‘para15 graphs (2) through (7)’’ and inserting ‘‘para16 graphs (2) through (6)’’; and 

17 (B) in subsection (b)(1), by striking ‘‘para18 graphs (2) through (7)’’ and inserting ‘‘para19 graphs (2) through (6)’’. 

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

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

22 (1), (2), (9), and (10)’’ and inserting ‘‘paragraphs 

23 (1), (2), (8), and (9)’’. 


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1 (5) In section 3321(b)(4), as amended by sec2 tion 112, by striking ‘‘section 3311(b)(9)’’ and in3 serting ‘‘section 3311(b)(8)’’. 

4 (6) In section 3322— 

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

6 ‘‘3311(b)(9)’’ and inserting ‘‘3311(b)(8)’’; 

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

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

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

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

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

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

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

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

15 SEC. 106. ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS16 SISTANCE FOR CERTAIN MEMBERS OF RE17 SERVE COMPONENTS OF ARMED FORCES 

18 WHO LOST ENTITLEMENT TO EDUCATIONAL 

19 ASSISTANCE UNDER RESERVE EDUCATIONAL 

20 ASSISTANCE PROGRAM. 

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

22 States Code, is amended by adding at the end the fol23 lowing new subsection: 

24 ‘‘(c) ELIGIBILITY FOR POST-9/11 EDUCATIONAL AS25 SISTANCE.—A member who loses eligibility for benefits 


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1 under this chapter pursuant to subsection (b) shall be al2 lowed to elect (in such form and manner as the Secretary 

3 of Veterans Affairs may prescribe) to have such service 

4 previously credited toward this chapter credited towards 

5 establishing eligibility for educational assistance under 

6 chapter 33 of title 38, notwithstanding the provisions of 

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

8 38.’’. 

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

10 of title 38, United States Code, shall be construed to in11 clude, in the case of a member of a reserve component 

12 of the Armed Forces who, before November 25, 2015, es13 tablished eligibility for educational assistance under chap14 ter 1607 of title 10, United States Code, pursuant to sec15 tion 16163(a)(1) of such title, but lost eligibility for such 

16 educational assistance pursuant to section 16167(b) of 

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

18 of such title) that satisfies the requirements of section 

19 16163(a)(1) of such title. 

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

21 United States Code, shall be construed to include an indi22 vidual who, before November 25, 2015, established eligi23 bility for educational assistance under chapter 1607 of 

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


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

2 16167(b) of such title. 

3 (d) DURATION.—Notwithstanding section 3312 of 

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

5 eligibility for educational assistance under chapter 33 of 

6 such title by crediting towards such chapter service pre7 viously credited towards chapter 1607 of title 10, United 

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

9 educational assistance under section 3313 of title 38, 

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

11 entitlement remaining under chapter 1607 of title 10, 

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

13 33 of title 38, United States Code. 

14 SEC. 107. CALCULATION OF MONTHLY HOUSING STIPEND 

15 UNDER POST-9/11 EDUCATIONAL ASSISTANCE 

16 PROGRAM BASED ON LOCATION OF CAMPUS 

17 WHERE CLASSES ARE ATTENDED. 

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

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

20 which the individual is enrolled’’ and inserting ‘‘the cam21 pus of the institution of higher learning where the indi22 vidual physically participates in a majority of classes’’. 

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

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

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


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1 SEC. 108. CHARGE TO ENTITLEMENT FOR CERTAIN LICEN2 SURE AND CERTIFICATION TESTS AND NA3 TIONAL TESTS UNDER DEPARTMENT OF VET4 ERANS AFFAIRS POST-9/11 EDUCATIONAL AS5 SISTANCE PROGRAM. 

6 (a) LICENSURE AND CERTIFICATION TESTS.—Sub7 section (c) of section 3315 is amended— 

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

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

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

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

12 rate for one month’’; and 

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

14 equals’’ and inserting ‘‘payable’’. 

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

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

17 following new paragraph: 

18 ‘‘(3) A national test that evaluates prior learn19 ing and knowledge and provides an opportunity for 

20 course credit at an institution of higher learning as 

21 so described.’’; and 

22 (2) in subsection (c)— 

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

24 rate of one month (rounded to the nearest 

25 whole month)’’ and inserting ‘‘shall be pro26 rated based on the actual amount of the fee 


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1 charged for the test relative to the rate for one 

2 month’’; and 

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

4 equals’’ and inserting ‘‘payable’’. 

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

6 in the last sentence— 

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

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

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

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

11 learning and knowledge and provides an opportunity 

12 for course credit at an institution of higher learn13 ing’’. 

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

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

16 1, 2018. 

17 SEC. 109. RESTORATION OF ENTITLEMENT TO EDU18 CATIONAL ASSISTANCE AND OTHER RELIEF 

19 FOR VETERANS AFFECTED BY SCHOOL CLO20 SURE OR DISAPPROVAL. 

21 (a) SCHOOL CLOSURE OR DISAPPROVAL.— 

22 (1) RESTORATION OF ENTITLEMENT.—Chapter 

23 36 is amended by adding at the end the following 

24 new section: 


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1 ‘‘§ 3699. Effects of closure or disapproval of edu2 cational institution 

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

4 educational assistance described in subsection (b) shall 

5 not— 

6 ‘‘(1) be charged against any entitlement to edu7 cational assistance of the individual concerned; or 

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

9 for which section 3695 of this title limits the receipt 

10 of educational assistance by such individual. 

11 ‘‘(b) EDUCATIONAL ASSISTANCE DESCRIBED.—Sub12 ject to subsection (c), the payment of educational assist13 ance described in this paragraph is the payment of such 

14 assistance to an individual for pursuit of a course or pro15 gram of education at an educational institution under 

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

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

18 individual— 

19 ‘‘(1) was unable to complete such course or pro20 gram as a result of— 

21 ‘‘(A) the closure of the educational institu22 tion; or 

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

24 course that is a necessary part of that program 

25 under this chapter by reason of— 


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

2 the date on which the individual enrolls at 

3 such institution affecting the approval or 

4 disapproval of courses under this chapter; 

5 or 

6 ‘‘(ii) after the date on which the indi7 vidual enrolls at such institution, the Sec8 retary prescribing or modifying regulations 

9 or policies of the Department affecting 

10 such approval or disapproval; and 

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

12 toward completion of the program of education being 

13 so pursued. 

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

15 by reason of this subsection, educational assistance is not 

16 charged against entitlement or counted toward the appli17 cable aggregate period under section 3695 of this title 

18 shall not exceed the aggregate of— 

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

20 the course from which the individual did not receive 

21 credit or with respect to which the individual lost 

22 training time, as determined under subsection 

23 (b)(2); and 

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

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


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1 ‘‘(d) CONTINUING PURSUIT OF DISAPPROVED

2 COURSES.—(1) The Secretary may treat a course of edu3 cation that is disapproved under this chapter as being ap4 proved under this chapter with respect to an individual 

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

6 on a case-by-case basis, that— 

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

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

9 and 

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

11 best interest of the individual. 

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

13 individual who is pursuing a course of education at an 

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

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

16 the date on which the course is disapproved under this 

17 chapter. 

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

19 business days after the date on which the Secretary re20 ceives notice that an educational institution will close or 

21 is closed, the Secretary shall provide to each individual 

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

23 such educational institution using entitlement to edu24 cational assistance under chapter 30, 32, 33, or 35 of this 

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


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

2 and 

3 ‘‘(2) the effect of such closure on the individ4 ual’s entitlement to educational assistance pursuant 

5 to this section.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 3698 

9 the following new item: 

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

10 (b) MONTHLY HOUSING STIPEND.— 

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

12 is amended— 

13 (A) by striking the matter after paragraph 

14 (3)(B); 

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

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

17 (ii), respectively; 

18 (C) by redesignating paragraphs (1) 

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

20 respectively; 

21 (D) in the matter preceding subparagraph 

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

23 striking ‘‘Payment of’’ and inserting ‘‘(1) Ex24 cept as provided in paragraph (2), payment of’’; 

25 and 


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

2 paragraph (2): 

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

4 may, pursuant to such regulations as the Secretary shall 

5 prescribe, continue to pay allowances to eligible veterans 

6 and eligible persons enrolled in courses set forth in para7 graph (1)(A)— 

8 ‘‘(A) during periods when educational institu9 tions are temporarily closed under an established 

10 policy based on an Executive order of the President 

11 or due to an emergency situation, except that the 

12 total number of weeks for which allowances may 

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

14 may not exceed four weeks; or 

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

16 monthly housing stipend described in section 3313 

17 of this title, during periods following a permanent 

18 closure of an educational institution, or following the 

19 disapproval of a course of study described in section 

20 3699(b)(1)(B) of this title, except that payment of 

21 such a stipend may only be continued until the ear22 lier of— 

23 ‘‘(i) the date of the end of the term, quar24 ter, or semester during which the closure or dis25 approval occurred; and 


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

2 date of the closure or disapproval.’’. 

3 (2) CONFORMING AMENDMENT.—Paragraph 

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

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

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

7 (c) APPLICABILITY.— 

8 (1) SCHOOL CLOSURE OR DISAPPROVAL.— 

9 (A) IN GENERAL.—The amendments made 

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

11 that is 90 days after the date of the enactment 

12 of this Act, and shall apply with respect to 

13 courses and programs of education discontinued 

14 as described in section 3699 of title 38, United 

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

16 after January 1, 2015. 

17 (B) SPECIAL APPLICATION.—With respect 

18 to courses and programs of education discon19 tinued as described in section 3699 of title 38, 

20 United States Code, as added by subsection 

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

22 2015, and ending on the date of the enactment 

23 of this Act, an individual who does not transfer 

24 credits from such program of education shall be 

25 deemed to be an individual who did not receive 


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

2 of such section, except that the period for which 

3 the individual’s entitlement is not charged shall 

4 be the entire period of the individual’s enroll5 ment in the program of education. In carrying 

6 out this paragraph, the Secretary of Veterans 

7 Affairs, in consultation with the Secretary of 

8 Education, shall establish procedures to deter9 mine whether the individual transferred credits 

10 to a comparable course or program of edu11 cation. 

12 (2) MONTHLY HOUSING STIPEND.—The amend13 ments made by subsection (b) shall take effect on 

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

15 courses and programs of education discontinued as 

16 described in section 3699 of title 38, United States 

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

18 date of the enactment of this Act. 

19 SEC. 110. ADDITIONAL AUTHORIZED TRANSFER OF UNUSED 

20 POST-9/11 EDUCATIONAL ASSISTANCE BENE21 FITS TO DEPENDENTS UPON DEATH OF 

22 ORIGINALLY DESIGNATED DEPENDENT. 

23 (a) TRANSFER UPON DEATH OF DEPENDENT.—Sec24 tion 3319 is amended— 


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1 (1) in subsection (f)(1), by inserting after ‘‘sec2 tion 3321’’ the following: ‘‘, and except as provided 

3 in subsection (k) or (l),’’; and 

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

6 ‘‘(k) ADDITIONAL TRANSFER UPON DEATH OF DE7 PENDENT.—In the case of a dependent to whom entitle8 ment to educational assistance is transferred under this 

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

10 individual who transferred the entitlement to the depend11 ent may transfer any remaining entitlement to a different 

12 eligible dependent, notwithstanding whether the individual 

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

14 transfer is executed. 

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

16 individual who transfers entitlement to educational assist17 ance under this section who dies before the dependent to 

18 whom entitlement to educational assistance is so trans19 ferred has used all of such entitlement, such dependent 

20 may transfer such entitlement to another eligible depend21 ent in accordance with the provisions of this section.’’. 

22 (b) EFFECTIVE DATES.— 

23 (1) ELIGIBLE DEATHS.—The amendments 

24 made by this section shall apply with respect to 

25 deaths occurring on or after August 1, 2009. 


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

2 whom entitlement to educational assistance is trans3 ferred under subsection (k) or (l) of section 3319 of 

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

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

6 education beginning on or after August 1, 2018. 

7 SEC. 111. EDITH NOURSE ROGERS STEM SCHOLARSHIP. 

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

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

10 ‘‘§ 3320. Edith Nourse Rogers STEM Scholarship 

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

12 subsection (f), the Secretary shall provide additional bene13 fits to eligible individuals selected by the Secretary under 

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

15 Nourse Rogers STEM Scholarship’. 

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

17 eligible individual is an individual— 

18 ‘‘(1) who is or was entitled to educational as19 sistance under section 3311 of this title; 

20 ‘‘(2) who has used all of the educational assist21 ance to which the individual is entitled under this 

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

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

24 applying for benefits under this section; 


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1 ‘‘(3) who applies for assistance under this sec2 tion; and 

3 ‘‘(4) who— 

4 ‘‘(A) is an individual who— 

5 ‘‘(i) is enrolled in a program of edu6 cation leading to a post-secondary degree 

7 that, in accordance with the guidelines of 

8 the applicable regional or national accred9 iting agency, requires more than the stand10 ard 128 semester (or 192 quarter) credit 

11 hours for completion in a standard, under12 graduate college degree in— 

13 ‘‘(I) biological or biomedical 

14 science; 

15 ‘‘(II) physical science; 

16 ‘‘(III) science technologies or 

17 technicians; 

18 ‘‘(IV) computer and information 

19 science and support services; 

20 ‘‘(V) mathematics or statistics; 

21 ‘‘(VI) engineering; 

22 ‘‘(VII) engineering technologies 

23 or an engineering-related field; 

24 ‘‘(VIII) a health profession or re25 lated program; 


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1 ‘‘(IX) a medical residency pro2 gram; 

3 ‘‘(X) an agriculture science pro4 gram or a natural resources science 

5 program; or 

6 ‘‘(XI) other subjects and fields 

7 identified by the Secretary as meeting 

8 national needs; and 

9 ‘‘(ii) has completed at least 60 stand10 ard semester (or 90 quarter) credit hours 

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

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

13 post-secondary degree in a field referred to in 

14 subparagraph (A)(i) and is enrolled in a pro15 gram of education leading to a teaching certifi16 cation. 

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

18 receive additional benefits under this section, the Sec19 retary shall give priority to the following individuals: 

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

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

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

23 assistance under this chapter by reason of para24 graph (1), (2), (8), or (9) of section 3311(b) of this 

25 title. 


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

2 shall pay to each eligible individual who receives additional 

3 benefits under this section the monthly amount payable 

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

5 months of the program of education in which the indi6 vidual is enrolled (adjusted with respect to the individual 

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

8 the aggregate amount paid to an individual under this sec9 tion may not exceed $30,000. 

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

11 an amount in addition to the amount payable under para12 graph (1) by reason of section 3317 of this title. 

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

14 under this section may also receive amounts payable by 

15 a college or university pursuant to section 3317 of this 

16 title. 

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

18 who receives additional benefits under this section may not 

19 transfer any amount of such additional benefits under sec20 tion 3319 of this title. 

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

22 The total amount of benefits paid to all eligible individuals 

23 under this section may not exceed— 

24 ‘‘(1) $25,000,000 for fiscal year 2019; 


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1 ‘‘(2) $75,000,000 for each of fiscal years 2020 

2 through 2022; and 

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

4 each subsequent fiscal year. 

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

6 identifies a new subject or field pursuant to subsection 

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

8 shall submit to Congress notice of such identification at 

9 least 90 days before conferring eligibility on any individual 

10 for purposes of this section on the basis of such identifica11 tion, including any analysis of labor market supply and 

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

13 applicable.’’. 

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

15 at the beginning of such chapter is amended by inserting 

16 after the item relating to section 3319 the following new 

17 item: 

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

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

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

20 (d) COMPTROLLER GENERAL REPORT.— 

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

22 1, 2022, the Comptroller General of the United 

23 States shall submit to Congress a report containing 

24 the results of an interim assessment of the Comp25 troller General of the Edith Nourse Rogers STEM 


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1 Scholarship program under section 3320 of title 38, 

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

3 Such report shall include the recommendations of 

4 the Comptroller General for improving the scholar5 ship program and an assessment of each of the fol6 lowing, using rigorous, systematic, and objective 

7 methodology, and including comparisons to eligible 

8 veterans who did not participate in the program: 

9 (A) An explanation of the identification of 

10 the Secretary of Veterans Affairs of subjects 

11 and fields meeting national needs under sub12 section (b)(4)(A)(i)(XI) of such section, includ13 ing any analysis of labor market supply and de14 mand, as applicable. 

15 (B) An evaluation of the types of edu16 cational institutions and programs where bene17 ficiaries use the educational assistance provided 

18 under the scholarship program. 

19 (C) The completion rate of students par20 ticipating in the program. 

21 (D) The job placement rate for individuals 

22 who completed a program of education using 

23 educational assistance provided under the schol24 arship program in the field of study of the pro25 gram of education. 


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1 (E) The median annual earnings of indi2 viduals who completed a program of education 

3 using educational assistance provided under the 

4 scholarship program. 

5 (F) The average age of the individuals who 

6 received educational assistance under the schol7 arship program. 

8 (G) An assessment of the extent to which 

9 any educational institutions made changes to 

10 degrees or programs of education offered by the 

11 institution for which the scholarship program 

12 may be used after the date of the enactment of 

13 this Act. 

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

15 2024, the Comptroller General shall submit to Con16 gress an assessment of such scholarship program 

17 that includes each of the following: 

18 (A) Each item described in subparagraphs 

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

20 (B) The percentage of individuals who 

21 completed a program of education using edu22 cational assistance provided under the scholar23 ship program who were subsequently employed 

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

25 of study of the program of education. 


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1 (C) The percentage of individuals who 

2 completed a program of education using edu3 cational assistance provided under the scholar4 ship program who were subsequently employed 

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

6 of study of the program of education. 

7 SEC. 112. HONORING THE NATIONAL SERVICE OF MEM8 BERS OF THE ARMED FORCES BY ELIMI9 NATION OF TIME LIMITATION FOR USE OF 

10 ENTITLEMENT. 

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

12 amended— 

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

14 all that follows through the period and inserting ‘‘in15 dividual’s entitlement—’’; and 

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

17 paragraphs: 

18 ‘‘(1) in the case of an individual whose last dis19 charge or release from active duty is before January, 

20 1, 2013, expires at the end of the 15-year period be21 ginning on the date of such discharge or release; or 

22 ‘‘(2) in the case of an individual whose last dis23 charge or release from active duty is on or after 

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


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1 (b) CHILDREN OF DECEASED MEMBERS.—Sub2 section (b)(4) of such section is amended— 

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

4 ‘‘3311(b)(9)’’; 

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

6 that follows through the period and inserting 

7 ‘‘child’s entitlement—’’; and 

8 (3) by adding at the end the following new sub9 paragraphs: 

10 ‘‘(A) in the case of a child who first be11 comes entitled to such entitlement before Janu12 ary 1, 2013, expires at the end of the 15-year 

13 period beginning on the date of such child’s 

14 eighteenth birthday; or 

15 ‘‘(B) in the case of a child who first be16 comes entitled to such entitlement on or after 

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

18 (c) SPOUSES OF DECEASED MEMBERS.—Subsection 

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

20 end the following new paragraph: 

21 ‘‘(5) APPLICABILITY TO SPOUSES OF DECEASED

22 MEMBERS.—The period during which a spouse enti23 tled to educational assistance by reason of section 

24 3311(b)(9) may use such spouse’s entitlement— 


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1 ‘‘(A) in the case of a spouse who first be2 comes entitled to such entitlement before Janu3 ary 1, 2013, expires at the end of the 15-year 

4 period beginning on the date on which the 

5 spouse first becomes entitled to such entitle6 ment; or 

7 ‘‘(B) in the case of a spouse who first be8 comes entitled to such entitlement on or after 

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

10 SEC. 113. MONTHLY STIPEND FOR CERTAIN MEMBERS OF 

11 THE RESERVE COMPONENTS OF THE ARMED 

12 FORCES RECEIVING POST-9/11 EDUCATIONAL 

13 ASSISTANCE. 

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

15 by adding at the end the following new subsection: 

16 ‘‘(j) DETERMINATION OF MONTHLY STIPENDS DUR17 ING CERTAIN ACTIVE DUTY SERVICE.— 

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

19 an individual described in paragraph (2) is per20 forming active duty service described in section 

21 3301(1)(B) of this title, the Secretary shall deter22 mine the amount of monthly stipends payable under 

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

24 the period of such month in which the covered indi25 vidual is not performing such active duty service. 


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

2 described in this paragraph is an individual who is— 

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

4 of the Armed Forces; and 

5 ‘‘(B) pursuing a program of education 

6 using educational assistance under this chap7 ter.’’. 

8 (b) APPLICATION.—The amendment made by sub9 section (a) shall apply with respect to a quarter, semester, 

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

11 2018. 

12 SEC. 114. ANNUAL REPORTS TO CONGRESS ON INFORMA13 TION ON STUDENT PROGRESS SUBMITTED BY 

14 EDUCATIONAL INSTITUTIONS. 

15 Section 3326 is amended— 

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

17 ‘‘(a) SUBMITTAL OF INFORMATION BY EDU18 CATIONAL INSTITUTIONS.—As a condition’’; and 

19 (2) by adding at the end the following new sub20 section: 

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

22 1 of each year, the Secretary shall submit to Congress a 

23 report that includes a summary of the information pro24 vided by educational institutions under subsection (a) for 


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1 the calendar year preceding the year during which such 

2 report is submitted.’’. 

3 SEC. 115. IMPROVEMENT OF INFORMATION TECHNOLOGY 

4 OF THE VETERANS BENEFITS ADMINISTRA5 TION OF THE DEPARTMENT OF VETERANS 

6 AFFAIRS. 

7 (a) PROCESSING OF CERTAIN EDUCATIONAL ASSIST8 ANCE CLAIMS.—The Secretary of Veterans Affairs shall, 

9 to the maximum extent possible, make such changes and 

10 improvements to the information technology system of the 

11 Veterans Benefits Administration of the Department of 

12 Veterans Affairs to ensure that— 

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

14 and supplemental claims for educational assistance 

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

16 are adjudicated electronically; and 

17 (2) rules-based processing is used to make deci18 sions with respect to such claims with little human 

19 intervention. 

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

21 days after the date of the enactment of this Act, the Sec22 retary of Veterans Affairs shall submit to Congress a plan 

23 to implement the changes and improvements described in 

24 subsection (a). 


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

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

3 Affairs shall submit to Congress a report on the implemen4 tation of the changes and improvements described in sub5 section (a). 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary of Veterans 

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

9 years 2018 and 2019. 

10 SEC. 116. DEPARTMENT OF VETERANS AFFAIRS HIGH 

11 TECHNOLOGY PILOT PROGRAM. 

12 (a) PILOT PROGRAM.—The Secretary of Veterans Af13 fairs shall carry out a pilot program under which the Sec14 retary shall provide eligible veterans with the opportunity 

15 to enroll in high technology programs of education that 

16 the Secretary determines provide training or skills sought 

17 by employers in a relevant field or industry. 

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

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

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

21 33, 34, or 35 of title 38, United States Code, or chapter 

22 1606 or 1607 of title 10, United States Code. 

23 (c) CONTRACTS.— 

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

25 subsection (a), by not later than 180 days after AuVerDate Sep 11 2014 06:36 Jul 28, 2017 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1598.IS S1598

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1 gust 1, 2018, the Secretary shall seek to enter into 

2 contracts with any number of qualified providers of 

3 high technology programs of education for the provi4 sion of such programs to eligible veterans under the 

5 pilot program. Each such contract shall provide for 

6 the conditions under which the Secretary may termi7 nate the contract with the provider and the proce8 dures for providing for the completion of the instruc9 tion of students who were enrolled in a program pro10 vided by such provider in the case of such a termi11 nation. 

12 (2) PAYMENT OF CONTRACTORS.—A contract 

13 under this subsection shall provide that the Sec14 retary shall pay to a provider— 

15 (A) upon the enrollment of an eligible vet16 eran in the program, 25 percent of the cost of 

17 the tuition and other fees for the program of 

18 education for the veteran; 

19 (B) upon the completion of the program by 

20 the veteran, 25 percent of such cost; and 

21 (C) upon the employment of the veteran in 

22 the field of study of the program following com23 pletion of the program, 50 percent of such cost. 


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1 (3) QUALIFIED PROVIDERS.—For purposes of 

2 the pilot program, a provider of a high technology 

3 program of education is qualified if— 

4 (A) the provider has been operational for 

5 at least two years; 

6 (B) the provider has successfully provided 

7 the high technology program for at least one 

8 year; and 

9 (C) the provider meets the approval cri10 teria developed by the Secretary under para11 graph (4). 

12 (4) APPROVAL CRITERIA.—The Secretary shall 

13 develop criteria for approving providers for purposes 

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

15 Secretary may consult with State approving agen16 cies. Such criteria is not required to meet the re17 quirements of section 3672 of title 38, United States 

18 Code. 

19 (5) TUITION REIMBURSEMENT.—In entering 

20 into contracts to carry out the pilot program, the 

21 Secretary shall give preference to a qualified pro22 vider that offers tuition reimbursement for any stu23 dent who— 

24 (A) completes a program of education of25 fered by the provider; and 


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1 (B) does not find full-time meaningful em2 ployment in the field of study of the program 

3 within the 180-day period beginning on the date 

4 the student completes the program. 

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

6 each eligible veteran who is enrolled in a high technology 

7 program of education under the pilot program on a full8 time basis a monthly housing stipend equal to the prod9 uct— 

10 (1) of— 

11 (A) in the case of a veteran pursuing resi12 dent training, the monthly amount of the basic 

13 allowance for housing payable under section 

14 403 of title 37, United States Code, for a mem15 ber with dependents in pay grade E–5 residing 

16 in the military housing area that encompasses 

17 all or the majority portion of the ZIP code area 

18 in which is located the institution at which the 

19 individual is enrolled; or 

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

21 program of education through distance learn22 ing, a monthly amount equal to 50 percent of 

23 the amount payable under subparagraph (A), 

24 multiplied by 

25 (2) the lesser of— 


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1 (A) 1.0; or 

2 (B) the number of course hours borne by 

3 the individual in pursuit of the program of edu4 cation involved, divided by the minimum num5 ber of course hours required for full-time pur6 suit of such program of education, rounded to 

7 the nearest multiple of 10. 

8 (e) HIGH TECHNOLOGY PROGRAM OF EDUCATION

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

10 program of education’’ means a program of education 

11 that— 

12 (1) is offered by an entity other than an institu13 tion of higher learning; 

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

15 (3) provides instruction in computer program16 ming, computer software, media application, data 

17 processing, or information sciences. 

18 (f) REPORTS.— 

19 (1) SECRETARY OF VETERANS AFFAIRS.—Not 

20 later than one year after the date of the enactment 

21 of this Act, and annually thereafter, the Secretary 

22 shall submit to Congress a report on the pilot pro23 gram under this section. 

24 (2) COMPTROLLER GENERAL.— 


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1 (A) INTERIM REPORT.—Not later than 

2 three years after the date on which the Sec3 retary first enters into a contract under this 

4 section, the Comptroller General of the United 

5 States shall submit to Congress a report con6 taining the results of the interim assessment of 

7 the Comptroller General. Such report shall in8 clude the recommendations of the Comptroller 

9 General for improving the pilot program and an 

10 assessment of each of the following: 

11 (i) The technology experience of the 

12 directors and instructors of the providers 

13 of high technology programs of education 

14 under the pilot program. 

15 (ii) Whether the providers cooperated 

16 with the technology industry to create the 

17 curriculum for the program of education. 

18 (iii) Whether the providers use an 

19 open source curriculum for the program of 

20 education. 

21 (iv) The admittance rate into the pilot 

22 program. 

23 (v) The job placement and retention 

24 rate for veterans who completed a program 


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1 of education under the pilot program in 

2 the field of study of the program. 

3 (vi) The percentage of veterans who 

4 completed a program of education under 

5 the pilot program who were subsequently 

6 employed for a period of six months or 

7 longer in a field of study of the program. 

8 (vii) The percentage of veterans who 

9 completed a program of education under 

10 the pilot program who were subsequently 

11 employed for a period of less than six 

12 months in a field of study of the program. 

13 (viii) The median annual salary of 

14 veterans who completed a program of edu15 cation under the pilot program and were 

16 subsequently employed. 

17 (ix) As applicable, the transfer rates 

18 to other academic or vocational programs 

19 and certifications and licensure exam pas20 sage rates. 

21 (x) The average age of veterans who 

22 participated in the pilot program. 

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

24 years after the date on which the Secretary first 

25 enters into a contract under this section, the 


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1 Comptroller General shall submit to Congress a 

2 final report on the pilot program. Such report 

3 shall include the recommendation of the Comp4 troller General with respect to whether the pro5 gram should be extended and an assessment of 

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

7 subparagraph (A). 

8 (g) AUTHORIZATION OF APPROPRIATIONS.—For each 

9 fiscal year during which the Secretary carries out a pilot 

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

11 available for such purpose from funds appropriated to, or 

12 otherwise made available to, the Department for the pay13 ment of readjustment benefits. 

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

15 pilot program under this section shall terminate on the 

16 date that is five years after the date on which the Sec17 retary first enters into a contract under this section. 

18 TITLE II—OTHER EDUCATIONAL 

19 ASSISTANCE PROGRAMS 

20 SEC. 201. WORK-STUDY ALLOWANCE. 

21 Section 3485(a)(4) is amended by striking ‘‘the pe22 riod beginning on June 30, 2017, and ending on June 30, 

23 2022,’’ each place it appears and inserting ‘‘any time on 

24 or after June 30, 2017,’’. 


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1 SEC. 202. DURATION OF EDUCATIONAL ASSISTANCE UNDER 

2 SURVIVORS’ AND DEPENDENTS’ EDU3 CATIONAL ASSISTANCE PROGRAM. 

4 Section 3511(a)(1) is amended— 

5 (1) by striking ‘‘chapter for’’ and all that fol6 lows through the period and inserting ‘‘chapter—’’; 

7 and 

8 (2) by adding at the end the following new sub9 paragraphs: 

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

11 in a program of education using such entitlement be12 fore August 1, 2018, for an aggregate period not in 

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

14 part-time training); or 

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

16 in a program of education using such entitlement on 

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

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

19 in part-time training).’’. 

20 SEC. 203. OLIN E. TEAGUE INCREASE IN AMOUNTS OF EDU21 CATIONAL ASSISTANCE PAYABLE UNDER 

22 SURVIVORS’ AND DEPENDENTS’ EDU23 CATIONAL ASSISTANCE PROGRAM. 

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

25 (1) in subsection (a)— 

26 (A) in paragraph (1)— 


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

2 ‘‘$1,224’’; 

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

4 ‘‘$967’’; and 

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

6 ‘‘$710’’; and 

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

8 ‘‘$788’’ and inserting ‘‘$1,224’’; and 

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

10 inserting ‘‘$1,224’’. 

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

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

13 begins on or after October 1, 2018. 

14 TITLE III—ADMINISTRATION OF 

15 EDUCATIONAL ASSISTANCE 

16 PROGRAMS 

17 SEC. 301. STATE APPROVING AGENCY FUNDING. 

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

19 States Code, is amended— 

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

21 amounts available for the payment of readjustment 

22 benefits’’ and inserting ‘‘out of amounts in the De23 partment of Veterans Affairs readjustment benefits 

24 account and amounts appropriated to the Sec25 retary’’; 


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1 (2) by redesignating paragraph (4) as para2 graph (5); 

3 (3) by inserting after paragraph (3) the fol4 lowing new paragraph (4): 

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

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

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

8 each subsequent fiscal year.’’; and 

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

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

11 ‘‘(A) The total’’; 

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

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

14 2018 shall be $21,000,000 and for fiscal year 

15 2019 and thereafter shall be $23,000,000’’; and 

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

17 subparagraph: 

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

19 is an increase in benefit amounts payable under title II 

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

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

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

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

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

25 immediately prior to the date of such increase in benefit 


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

2 by the same percentage as the percentage by which such 

3 benefit amounts are increased.’’. 

4 SEC. 302. AUTHORIZATION FOR USE OF POST-9/11 EDU5 CATIONAL ASSISTANCE TO PURSUE INDE6 PENDENT STUDY PROGRAMS AT CERTAIN 

7 EDUCATIONAL INSTITUTIONS THAT ARE NOT 

8 INSTITUTIONS OF HIGHER LEARNING. 

9 Section 3680A is amended— 

10 (1) in subsection (a)— 

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

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

13 following:’’; 

14 (B) in paragraph (1)— 

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

16 ‘‘Any’’; and 

17 (ii) by striking the semicolon at the 

18 end and inserting a period; 

19 (C) in paragraph (2)— 

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

21 ‘‘Any’’; and 

22 (ii) by striking the semicolon at the 

23 end and inserting a period; 

24 (D) in paragraph (3)— 


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

2 ‘‘Any’’; and 

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

4 period; and 

5 (E) by striking paragraph (4) and insert6 ing the following new paragraph (4): 

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

8 independent study program (including such a pro9 gram taken over open circuit television) that— 

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

11 or association recognized by the Secretary of 

12 Education under subpart 2 of part H of title IV 

13 of the Higher Education Act of 1965 (20 

14 U.S.C. 1099b); 

15 ‘‘(B) leads to— 

16 ‘‘(i) a standard college degree; 

17 ‘‘(ii) a certificate that reflects edu18 cational attainment offered by an institu19 tion of higher learning; or 

20 ‘‘(iii) a certificate that reflects comple21 tion of a course of study offered by— 

22 ‘‘(I) an area career and technical 

23 education school (as defined in sub24 paragraphs (C) and (D) of section 

25 3(3) of the Carl D. Perkins Career 


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1 and Technical Education Act of 2006 

2 (20 U.S.C. 2302(3))) that provides 

3 education at the postsecondary level; 

4 or 

5 ‘‘(II) a postsecondary vocational 

6 institution (as defined in section 

7 102(c) of the Higher Education Act of 

8 1965 (20 U.S.C. 1002(c))) that pro9 vides education at the postsecondary 

10 level; and 

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

12 subparagraph (B)(iii)— 

13 ‘‘(i) provides training aligned with the 

14 requirements of employers in the State or 

15 local area where the program is located, 

16 which may include in-demand industry sec17 tors or occupations; 

18 ‘‘(ii) provides a student, upon comple19 tion of the program, with a recognized 

20 postsecondary credential that is recognized 

21 by employers in the relevant industry, 

22 which may include a credential recognized 

23 by industry or sector partnerships in the 

24 State or local area where the industry is 

25 located; and 


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1 ‘‘(iii) meets such content and instruc2 tional standards as may be required to 

3 comply with the criteria under section 

4 3676(c)(14) and (15) of this title.’’; and 

5 (2) by adding at the end the following new sub6 section: 

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

8 ‘recognized postsecondary credential’, ‘industry or sector 

9 partnership’, and ‘in-demand industry sector or occupa10 tion’ have the meaning given such terms in section 3 of 

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

12 3102).’’. 

13 SEC. 303. PROVISION OF INFORMATION ON PRIORITY EN14 ROLLMENT FOR VETERANS IN CERTAIN 

15 COURSES OF EDUCATION. 

16 Section 3698(c)(1)(C) is amended— 

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

18 (2) in clause (x), by striking the period and in19 serting ‘‘; and’’; and 

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

21 clause: 

22 ‘‘(xi) information on whether the institu23 tion administers a priority enrollment system 

24 that allows certain student veterans to enroll in 

25 courses earlier than other students.’’. 


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1 SEC. 304. LIMITATION ON USE OF REPORTING FEES PAY2 ABLE TO EDUCATIONAL INSTITUTIONS AND 

3 SPONSORS OF PROGRAMS OF APPRENTICE4 SHIP. 

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

6 amended to read as follows: 

7 ‘‘(c)(1) The Secretary may pay to any educational in8 stitution, or to the sponsor of a program of apprenticeship, 

9 furnishing education or training under either this chapter 

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

11 will be in lieu of any other compensation or reimbursement 

12 for reports or certifications which such educational institu13 tion or sponsor of a program of apprenticeship is required 

14 to submit to the Secretary by law or regulation. 

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

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

17 veterans or eligible persons enrolled under this chapter or 

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

19 be paid to such educational institution or sponsor of a pro20 gram of apprenticeship as soon as feasible after the end 

21 of the calendar year for which it is applicable. 

22 ‘‘(3) No reporting fee payable to an educational insti23 tution under this subsection shall be subject to offset by 

24 the Secretary against any liability of such institution for 

25 any overpayment for which such institution may be admin26 istratively determined to be liable under section 3685 of 


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1 this title unless such liability is not contested by such in2 stitution or has been upheld by a final decree of a court 

3 of appropriate jurisdiction. 

4 ‘‘(4) Any reporting fee paid to an educational institu5 tion or sponsor of a program of apprenticeship after the 

6 date of the enactment of the Post-9/11 Veterans Edu7 cational Assistance Improvements Act of 2011 (Public 

8 Law 111–377)— 

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

10 sponsor solely for the making of certifications re11 quired under this chapter or chapter 31, 34, or 35 

12 of this title or for otherwise supporting programs for 

13 veterans; and 

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

15 or more enrollees described in paragraph (2) may 

16 not be used for or merged with amounts available 

17 for the general fund of the educational institution or 

18 sponsor of a program of apprenticeship. 

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

20 shall be paid from amounts appropriated for readjustment 

21 benefits.’’. 

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

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


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1 SEC. 305. TRAINING FOR SCHOOL CERTIFYING OFFICIALS. 

2 (a) TRAINING REQUIREMENT.—The Secretary of 

3 Veterans Affairs shall, in consultation with the State ap4 proving agencies, set forth requirements relating to train5 ing for school certifying officials employed by covered edu6 cational institutions offering courses of education ap7 proved under chapter 36 of title 38, United States Code. 

8 If a covered educational institution does not ensure that 

9 a school certifying official employed by the educational in10 stitution meets such requirements, the Secretary may dis11 approve any course of education offered by such edu12 cational institution. 

13 (b) DEFINITIONS.—In this section: 

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

15 means an educational institution that has enrolled 

16 20 or more individuals using educational assistance 

17 under title 38, United States Code. 

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

19 an employee of an educational institution with pri20 mary responsibility for certifying veteran enrollment 

21 at the educational institution. 

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

23 a department or agency of a State designated under 

24 section 3671 of title 38, United States Code. 

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

26 on August 1, 2018. 


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1 SEC. 306. EXTENSION OF AUTHORITY FOR ADVISORY COM2 MITTEE ON EDUCATION. 

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

4 2017’’ and inserting ‘‘December 31, 2022’’. 

5 SEC. 307. DEPARTMENT OF VETERANS AFFAIRS PROVISION 

6 OF ON-CAMPUS EDUCATIONAL AND VOCA7 TIONAL COUNSELING FOR VETERANS. 

8 (a) IN GENERAL.—Chapter 36 is amended by insert9 ing after section 3697A the following new section: 

10 ‘‘§ 3697B. On-campus educational and vocational 

11 counseling 

12 ‘‘(a) IN GENERAL.—The Secretary shall provide edu13 cational and vocational counseling services for individuals 

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

15 the campuses of institutions of higher learning selected by 

16 the Secretary. Such counseling services shall be provided 

17 by employees of the Department who provide such services 

18 under section 3697A of this title. 

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

20 by the Secretary under this section, an institution of high21 er learning shall provide an appropriate space on the cam22 pus of the institution where counseling services can be pro23 vided under this section. 

24 ‘‘(2) In selecting locations for the provision of coun25 seling services under this section, the Secretary shall seek 


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1 to select locations where the maximum number of veterans 

2 would have access to such services. 

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

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

5 year thereafter, the Secretary shall submit to Congress a 

6 report on the counseling services provided under this sec7 tion. Such report shall include, for the year covered by 

8 the report— 

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

10 such services to individuals who received such serv11 ices at each location where such services were pro12 vided; 

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

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

15 improving the provision of such services; and 

16 ‘‘(4) any other matters the Secretary deter17 mines appropriate.’’. 

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

19 at the beginning of such chapter is amended by inserting 

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

21 item: 

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


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1 SEC. 308. PROVISION OF INFORMATION REGARDING VET2 ERAN ENTITLEMENT TO EDUCATIONAL AS3 SISTANCE. 

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

5 further amended by adding at the end the following new 

6 section: 

7 ‘‘§ 3699A. Provision of certain information to edu8 cational institutions 

9 ‘‘(a) IN GENERAL.—For each veteran or other indi10 vidual pursuing a course of education that has been ap11 proved under this chapter using educational assistance to 

12 which the veteran or other individual is entitled under 

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

14 make available to the educational institution offering the 

15 course information about the amount of such educational 

16 assistance to which the veteran or other individual is enti17 tled. Such information shall be provided to such edu18 cational institution through a secure information tech19 nology system accessible by the educational institution and 

20 shall be regularly updated to reflect any amounts used by 

21 the veteran or other individual. 

22 ‘‘(b) ELECTION.—A veteran or other individual pur23 suing a course of education described in subsection (a) 

24 may elect not to provide the information described in such 

25 subsection to an educational institution in a manner pre26 scribed by the Secretary.’’. 


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

2 at the beginning of such chapter is further amended by 

3 inserting after the item relating to section 3699 the fol4 lowing new item: 

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

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

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

7 effect on August 1, 2018. 

8 SEC. 309. TREATMENT, FOR PURPOSES OF EDUCATIONAL 

9 ASSISTANCE ADMINISTERED BY THE SEC10 RETARY OF VETERANS AFFAIRS, OF EDU11 CATIONAL COURSES THAT BEGIN SEVEN OR 

12 FEWER DAYS AFTER THE FIRST DAY OF AN 

13 ACADEMIC TERM. 

14 Section 3684(a) is amended— 

15 (1) by redesignating paragraph (4) as para16 graph (5); and 

17 (2) by inserting after paragraph (3) the fol18 lowing new paragraph (4): 

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

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

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

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

23 section.’’. 


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

2 APPROVING AGENCY OVERSIGHT ACTIVITIES. 

3 Section 3673(d) is amended— 

4 (1) in the subsection heading, by striking 

5 ‘‘COMPLIANCE AND’’; 

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

7 and inserting ‘‘conducting risk-based surveys and 

8 other such oversight’’; and 

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

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

11 SEC. 311. COMPTROLLER GENERAL STUDY OF STATE AP12 PROVING AGENCY PERFORMANCE. 

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

14 the United States shall carry out a study on the perform15 ance of State approving agencies. Such study shall include 

16 each of the following: 

17 (1) An analysis of the effectiveness of the co18 operation between the Secretary of Veterans Affairs 

19 and State approving agencies regarding the execu20 tion of shared compliance and oversight responsibil21 ities under chapter 36 of title 38, United States 

22 Code. 

23 (2) An analysis of the resources necessary for 

24 State approving agencies to fulfill the responsibilities 

25 of such agencies under such title, including an anal26 ysis of whether Congress has appropriated sufficient 


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1 funds for State approving agencies to fulfill such re2 sponsibilities and the historic effect of funding on 

3 the ability of such agencies to fulfill such respon4 sibilities. 

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

6 agencies of risk-based methods of review for identi7 fying violations of established standards under such 

8 chapter. 

9 (4) An examination of how State approving 

10 agencies use risk factors, including rapid increases 

11 in veteran enrollment, increases in the amount of 

12 benefits per capita, volume of student complaints, 

13 rates of Federal student loan defaults of veterans, 

14 veteran completion rates, deficiencies identified by 

15 accreditors and other State agencies, and defi16 ciencies in Department of Veterans Affairs program 

17 administration compliance, in their oversight and 

18 compliance responsibilities and in selecting edu19 cational institutions for review of eligibility. 

20 (5) Recommendations on how the Secretary and 

21 State approving agencies can better use data to 

22 evaluate, approve, or disapprove educational institu23 tions under such chapter. 

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

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1 troller General shall submit to the Secretary of Veterans 

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

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

4 Representatives, a report on the study required under sub5 section (a) and the findings and recommendations of the 

6 Comptroller General with respect to such study. 

7 TITLE IV—RESERVE 

8 COMPONENT BENEFITS 

9 SEC. 401. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

10 FOR POST-9/11 EDUCATIONAL ASSISTANCE. 

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

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

13 12304b’’. 

14 (b) RETROACTIVE APPLICATION.—The amendment 

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

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

17 enactment of the Post-9/11 Veterans Educational Assist18 ance Act of 2008 (Public Law 110–252). 

19 (c) APPLICATION WITH RESPECT TO USE OF ENTI20 TLEMENT.—An individual who is entitled to educational 

21 assistance by reason of the amendment made by sub22 section (a) may use such entitlement to pursue a course 

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


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1 SEC. 402. TIME LIMITATION FOR TRAINING AND REHABILI2 TATION FOR VETERANS WITH SERVICE-CON3 NECTED DISABILITIES. 

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

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

6 TITLE V—OTHER MATTERS 

7 SEC. 501. REPEAL INAPPLICABILITY OF MODIFICATION OF 

8 BASIC ALLOWANCE FOR HOUSING TO BENE9 FITS UNDER LAWS ADMINISTERED BY SEC10 RETARY OF VETERANS AFFAIRS. 

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

12 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De13 fense Authorization Act for Fiscal Year 2015 (Public Law 

14 113–291; 37 U.S.C. 403 note) is repealed. 

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

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

17 shall apply with respect to individuals who first use their 

18 entitlement to educational assistance under chapter 33 of 

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

20 SEC. 502. RECONSIDERATION OF PREVIOUSLY DENIED 

21 CLAIMS FOR DISABILITY COMPENSATION 

22 FOR VETERANS WHO ALLEGE FULL-BODY EX23 POSURE TO NITROGEN MUSTARD GAS, SUL24 FUR MUSTARD GAS, OR LEWISITE DURING 

25 WORLD WAR II. 

26 (a) IN GENERAL.— 


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1 (1) RECONSIDERATION REQUIRED.—The Sec2 retary of Veterans Affairs shall reconsider all claims 

3 for compensation described in paragraph (2) and 

4 make a new determination regarding each such 

5 claim. 

6 (2) CLAIMS FOR COMPENSATION DESCRIBED.— 

7 A claim for compensation described in this para8 graph is a claim for compensation under chapter 11 

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

10 determines— 

11 (A) arose from the alleged full-body expo12 sure of a veteran to a covered substance— 

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

14 service during World War II; and 

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

16 and 

17 (B) was denied before the date of the en18 actment of this Act. 

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

20 are the following: 

21 (A) Camp Siebert, Alabama. 

22 (B) Fort McClellan, Alabama. 

23 (C) Huntsville Arsenal, Alabama. 

24 (D) Rocky Mountain Arsenal, Colorado. 

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


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1 (F) Bushnell Field, Florida. 

2 (G) Great Lakes Naval Training Center, 

3 Illinois. 

4 (H) Edgewood Arsenal, Maryland. 

5 (I) Fort Detrick, Maryland. 

6 (J) Naval Research Laboratory, Maryland. 

7 (K) Naval Training Center, Bainbridge, 

8 Maryland. 

9 (L) Horn Island Installation, Mississippi. 

10 (M) Camp Crowder, Missouri. 

11 (N) Hart’s Island, New York. 

12 (O) Camp Lejeune, North Carolina. 

13 (P) Charleston, South Carolina. 

14 (Q) Dugway Proving Ground, Utah. 

15 (R) Toole Army Depot, Utah. 

16 (S) Naval Research Laboratory, Virginia. 

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

18 (U) Ondal, India. 

19 (V) Fort Clayton, San Jose Island, Pan20 ama. 

21 (W) Any site the Secretary of Veterans Af22 fairs determines is appropriate. 

23 (4) FACTORS OF CONSIDERATION.—In making 

24 a determination under paragraph (1), the Sec25 retary— 


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1 (A) shall consider— 

2 (i) that contemporaneous records of 

3 testing of full-body exposure to a covered 

4 substance frequently may be unavailable 

5 because such tests were classified or such 

6 records were lost or destroyed; 

7 (ii) that many veterans were sworn to 

8 secrecy following testing described in 

9 clause (i); 

10 (iii) each statement based on personal 

11 knowledge of a veteran who served at a 

12 site listed in paragraph (3); 

13 (iv) information in the report from the 

14 Secretary of Defense under subsection 

15 (b)(2); and 

16 (v) any evidence the Secretary con17 siders relevant; and 

18 (B) may not determine that testing of full19 body exposure to a covered substance did not 

20 occur at a site based solely on— 

21 (i) information contained in the De22 partment of Defense and Department of 

23 Veterans Affairs Chemical Biological War24 fare Database; or 


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1 (ii) any list of known sites of testing 

2 of full-body exposure to a covered sub3 stance maintained by the Department of 

4 Veterans Affairs or the Department of De5 fense. 

6 (5) PRESUMPTION OF EXPOSURE.—In carrying 

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

8 Affairs makes a determination regarding whether a 

9 veteran experienced full-body exposure to a covered 

10 substance, the Secretary— 

11 (A) shall presume, unless there is affirma12 tive evidence to establish otherwise, that the 

13 veteran experienced such exposure by reason of 

14 the service of the veteran in World War II— 

15 (i) based on the locations listed in 

16 paragraph (3); and 

17 (ii) consistent with the places, types, 

18 and circumstances of service of the veteran 

19 in accordance with section 1154 of title 38; 

20 and 

21 (B) shall resolve each reasonable doubt in 

22 favor of the veteran. 

23 (6) EFFECTIVE DATE OF AWARD.—The effec24 tive date of any award of disability compensation re25 sulting from reconsideration of a claim under paraVerDate Sep 11 2014 06:36 Jul 28, 2017 Jkt 069200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1598.IS S1598

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1 graph (1) shall be fixed in accordance with the facts 

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

3 receipt of the claim for compensation described in 

4 paragraph (2). 

5 (b) INVESTIGATION AND REPORT BY THE SEC6 RETARY OF DEFENSE.—Not later than 180 days after the 

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

8 shall— 

9 (1) investigate and assess each site— 

10 (A) where the Army Corps of Engineers 

11 has uncovered evidence of testing conducted by 

12 the Department of Defense during World War 

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

14 a covered substance on humans; or 

15 (B) with regards to which more than two 

16 veterans have been denied claims for compensa17 tion under chapter 11 of title 38, United States 

18 Code, in connection with exposure to a covered 

19 substance at such site; and 

20 (2) submit to the appropriate congressional 

21 committees and the Secretary of Veterans Affairs a 

22 report on testing described in paragraph (1)(A), in23 cluding— 


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1 (A) a list of each location where such test2 ing occurred, including locations investigated 

3 and assessed under paragraph (1); 

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

5 (C) the number of members of the Armed 

6 Forces who experienced full-body exposure to a 

7 covered substance in each such testing. 

8 (c) INVESTIGATION AND REPORT BY SECRETARY OF

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

10 date of the enactment of this Act, the Secretary of Vet11 erans Affairs shall— 

12 (1) investigate and assess— 

13 (A) the actions taken by the Secretary to 

14 contact individuals who experienced full-body 

15 exposure to a covered substance in the course 

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

17 (B) the number of claims filed with the 

18 Secretary for disability compensation under 

19 chapter 11 of title 38, United States Code, aris20 ing from testing described in subsection 

21 (b)(1)(A); and 

22 (C) the percentage of claims described in 

23 subparagraph (B) that the Secretary denied; 

24 and 


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1 (2) submit to the appropriate congressional 

2 committees and the Secretary of Defense a report 

3 regarding the investigations and assessments carried 

4 out under paragraph (1). 

5 (d) DEFINITIONS.—In this section: 

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

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

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

9 United States Code. 

10 (2) The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committees on Armed Services of 

13 the House of Representatives and the Senate; 

14 and 

15 (B) the Committees on Veterans’ Affairs of 

16 the House of Representatives and the Senate. 

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

18 (A) nitrogen mustard gas; 

19 (B) sulfur mustard gas; or 

20 (C) Lewisite. 

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

22 to a covered substance, has the meaning given that 

23 term by the Secretary of Defense. 

Æ 


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