29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–94 

GI BILL TUITION FAIRNESS ACT OF 2013 

JUNE 3, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

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

submitted the following 

R E P O R T 

[To accompany H.R. 357] 

[Including cost estimate of the Congressional Budget Office] 

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

bill (H.R. 357) to amend title 38, United States Code, to require 

courses of education provided by public institutions of higher education that are approved for purposes of the educational assistance 

programs administered by the Secretary of Veterans Affairs to 

charge veterans tuition and fees at the in-State tuition rate, having 

considered the same, report favorably thereon with amendments 

and recommend that the bill as amended do pass. 

CONTENTS 

Page 

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

Purpose and Summary ............................................................................................ 5 

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

Hearings ................................................................................................................... 14 

Subcommittee Consideration .................................................................................. 15 

Committee Consideration ........................................................................................ 15 

Committee Votes ...................................................................................................... 16 

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

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

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

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

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

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

Federal Mandates Statement ................................................................................. 24 

Advisory Committee Statement .............................................................................. 24 

Statement of Constitutional Authority .................................................................. 24 

Applicability to Legislative Branch ........................................................................ 24 

Statement on Duplication of Federal Programs .................................................... 24 

Disclosure of Directed Rulemaking ........................................................................ 25 

Section-by-Section Analysis of the Legislation ...................................................... 25 

Changes in Existing Law Made by the Bill, as Reported ..................................... 27 


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AMENDMENT

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘GI Bill Tuition Fairness Act of 

2013’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Approval of courses of education provided by public educational institutions for purposes of educational 

assistance programs administered by Secretary of Veterans Affairs conditional on in-State tuition rate 

for veterans. 

Sec. 4. Extension of authorization of appropriations for payment of a monthly assistance allowance to disabled 

veterans training or competing for the Paralympic Team. 

Sec. 5. Extension of authorization of appropriations for assistance to United States Paralympics, Inc. 

Sec. 6. Clarification of eligibility for services under the Homeless Veterans Reintegration Program. 

Sec. 7. Extension of eligibility period for vocational rehabilitation programs. 

Sec. 8. Work-study allowance. 

Sec. 9. Responsibilities of the Directors of Veterans’ Employment and Training. 

Sec. 10. Contents of Transition Assistance Program. 

Sec. 11. Three-month extension of Veterans Retraining Assistance Program. 

Sec. 12. Increase in rates of disability compensation and dependency and indemnity compensation. 

Sec. 13. Performance awards in the senior executive service. 

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

Except as otherwise expressly provided, whenever in this Act an amendment or 

repeal is expressed in terms of an amendment to, or a repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. 

SEC. 3. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC EDUCATIONAL INSTITUTIONS FOR PURPOSES OF EDUCATIONAL ASSISTANCE PROGRAMS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS CONDITIONAL ON IN-STATE TUITION RATE FOR VETERANS. 

(a) IN GENERAL.—Section 3679 is amended by adding at the end the following new 

subsection: 

‘‘(c) Notwithstanding any other provision of this subtitle, the Secretary or the Secretary’s designee shall disapprove a course of education provided by a public educational institution unless the institution charges tuition and fees for a veteran at 

up to the same rate as the institution charges for residents of the State in which 

the institution is located, regardless of the veteran’s State of residence. The Secretary shall notify the State approving agency of the Secretary’s disapproval of a 

course of education under this subsection.’’. 

(b) TREATMENT OF ENROLLED BENEFITS RECIPIENTS.— 

(1) IN GENERAL.—In the case of a veteran or eligible person who is enrolled 

before July 1, 2015, in a course of education provided by a public educational 

institution that was approved under chapter 36 of title 38, United States Code, 

at the time of the initial enrollment of the veteran or eligible person but that 

is disapproved by the Secretary of Veterans Affairs or the Secretary’s designee 

by reason of subsection (c) of section 3679 of such title, as added by subsection 

(a), the Secretary shall treat such institution as an institution that is approved 

under such chapter for purposes of the laws administered by the Secretary with 

respect to the veteran or eligible person until the veteran or eligible person completes the program of education in which the veteran or eligible person is enrolled. 

(2) TERMINATION.— 

(A) LIMITATION.—Except as provided in subparagraph (B), the Secretary 

of Veterans Affairs may not treat such an institution as an approved institution under paragraph (1) after July 1, 2019. 

(B) WAIVER.—The Secretary may waive the limitation under subparagraph (A) if the Secretary determines such a waiver is appropriate. 

(c) EFFECTIVE DATE.—Subsection (c) of section 3679 of title 38, United States 

Code, as added by subsection (a) shall apply with respect to educational assistance 

provided after July 1, 2015. 

SEC. 4. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR PAYMENT OF A MONTHLY 

ASSISTANCE ALLOWANCE TO DISABLED VETERANS TRAINING OR COMPETING FOR 

THE PARALYMPIC TEAM. 

Section 322(d)(4) is amended by striking ‘‘2013’’ and inserting ‘‘2018’’. 


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SEC. 5. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR ASSISTANCE TO UNITED 

STATES PARALYMPICS, INC. 

Section 521A is amended— 

(1) in subsection (g), by striking ‘‘2013’’ and inserting ‘‘2018’’; and 

(2) in subsection (l), by striking ‘‘2013’’ and inserting ‘‘2018’’. 

SEC. 6. CLARIFICATION OF ELIGIBILITY FOR SERVICES UNDER THE HOMELESS VETERANS 

REINTEGRATION PROGRAM. 

Subsection (a) of section 2021 is amended by striking ‘‘reintegration of homeless 

veterans into the labor force.’’ and inserting the following: ‘‘reintegration into the 

labor force of—’’ 

‘‘(1) homeless veterans; 

‘‘(2) veterans participating in the Department of Veterans Affairs supported 

housing program for which rental assistance provided pursuant to section 

8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)); and 

‘‘(3) veterans who are transitioning from being incarcerated.’’. 

SEC. 7. EXTENSION OF ELIGIBILITY PERIOD FOR VOCATIONAL REHABILITATION PROGRAMS. 

(a) EXTENSION.—Section 3103 is amended by striking ‘‘twelve-year period’’ and inserting ‘‘17-year period’’ each place it appears. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to a veteran applying for assistance under chapter 31 of title 38, United 

States Code, on or after the date of the enactment of this Act. 

SEC. 8. WORK-STUDY ALLOWANCE. 

Section 3485(a)(4) is amended by striking ‘‘June 30, 2013’’ each place it appears 

and inserting ‘‘June 30, 2018’’. 

SEC. 9. RESPONSIBILITIES OF THE DIRECTORS OF VETERANS’ EMPLOYMENT AND TRAINING. 

Section 4103 is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) RESPONSIBILITIES.—Each Director assigned to a State under subsection (a) 

shall carry out the following responsibilities: 

‘‘(1) Monitoring the performance of veterans’ training and employment programs in the State, with special emphasis on services to disabled veterans. 

‘‘(2) Monitoring the performance of the State workforce agency in complying 

with section 4212 of this title. 

‘‘(3) Suggesting to the Assistant Secretary of Labor for Veterans’ Employment 

and Training corrective actions that could be taken by the State workforce 

agency to address deficiencies in the performance of veterans’ training and employment programs in the State. 

‘‘(4) Annually negotiating with the State workforce agency to establish performance goals for veterans’ training and employment programs in the State. 

‘‘(5) Reviewing the State’s requests for funding for veterans’ training and employment programs and providing advice to the State workforce agency and the 

Assistant Secretary regarding such funding requests. 

‘‘(6) Forwarding complaints regarding possible violations of chapter 43 of this 

title to the appropriate Regional Administrator or to the to the Assistant Secretary, as required. 

‘‘(7) Carrying out grant officer technical representative responsibilities for 

grants issued under programs administered by the Department. 

‘‘(8) Providing advice to the State workforce agency on strategies to market 

veterans to employers. 

‘‘(9) Supervising and managing all support staff, including Assistant Directors, establishing workload priorities, managing all personnel actions, and evaluating all assigned personnel. 

‘‘(10) Submitting to the Assistant Secretary regular reports on the matters described in paragraphs (1), (2), (4), and (8), and any other matters the Assistant 

Secretary determine appropriate. 

‘‘(11) Performing such other related duties as directed by the Assistant Secretary.’’. 

SEC. 10. CONTENTS OF TRANSITION ASSISTANCE PROGRAM. 

(a) IN GENERAL.—Section 1144 of title 10, United States Code, is amended— 

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

‘‘(9) Provide information about disability-related employment and education 

protections.’’. 

(2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and 

(f), respectively; and 

(3) by inserting after subsection (b) the following new subsection (c): 


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‘‘(c) ADDITIONAL ELEMENTS OF PROGRAM.—The mandatory program carried out by 

this section shall include— 

‘‘(1) for any such member who plans to use the member’s entitlement to educational assistance under title 38— 

‘‘(A) instruction providing an overview of the use of such entitlement; and 

‘‘(B) testing to determine academic readiness for post-secondary education, courses of post-secondary education appropriate for the member, 

courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary 

education; and 

‘‘(2) instruction in the benefits under laws administered by the Secretary of 

Veterans Affairs and in other subjects determined by the Secretary concerned.’’. 

(b) DEADLINE FOR IMPLEMENTATION.—The program carried out under section 1144 

of title 10, United States Code, shall comply with the requirements of subsections 

(b)(9) and (c) of such section, as added by subsection (a), by not later than April 1, 

2015. 

(c) FEASIBILITY STUDY.—Not later than 270 days after the date of the enactment 

of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the results of a study carried out by the Secretary to determine the feasibility of providing the instruction 

described in subsection (b) of section 1142 of title 10, United States Code, at all 

overseas locations where such instruction is provided by entering into a contract 

jointly with the Secretary of Labor for the provision of such instruction. 

SEC. 11. THREE-MONTH EXTENSION OF VETERANS RETRAINING ASSISTANCE PROGRAM. 

(a) EXTENSION.—Section 211 of the VOW to Hire Heroes Act of 2011 (Public Law 

112–56; 125 Stat. 713; 38 U.S.C. 4100 note) is amended— 

(1) in subsection (a)(2)(B), by striking ‘‘March 31, 2014’’ and inserting ‘‘June 

30, 2014’’; and 

(2) in subsection (k), by striking ‘‘March 31, 2014’’ and inserting ‘‘June 30, 

2014’’. 

(b) INTERIM REPORT.— 

(1) REPORT REQUIRED.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the 

Secretary of Labor, shall submit to the appropriate committees of Congress an 

interim report on the retraining assistance provided under section 211 of the 

VOW to Hire Heroes Act of 2011 (Public Law 112–56; 125 Stat. 713; 38 U.S.C. 

4100 note). 

(2) ELEMENTS.—The report required by paragraph (1) shall include the following: 

(A) The total number of— 

(i) eligible veterans who have participated in the program established 

under such section as of the date of the enactment of this Act; and 

(ii) associates degrees or certificates awarded (or other similar evidence of the completion of the program of education or training earned) 

to veterans participating in the program established under such section 

as of such date. 

(B) Data related to the employment status of eligible veterans who participated in such program. 

SEC. 12. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. 

(a) RATE ADJUSTMENT.—Effective on December 1, 2013, the Secretary of Veterans 

Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect 

on November 30, 2013, for the payment of disability compensation and dependency 

and indemnity compensation under the provisions specified in subsection (b). 

(b) AMOUNTS TO BE INCREASED.—The dollar amounts to be increased pursuant to 

subsection (a) are the following: 

(1) WARTIME DISABILITY COMPENSATION.—Each of the dollar amounts under 

section 1114 of title 38, United States Code. 

(2) ADDITIONAL COMPENSATION FOR DEPENDENTS.—Each of the dollar amounts 

under section 1115(1) of such title. 

(3) CLOTHING ALLOWANCE.—The dollar amount under section 1162 of such 

title. 

(4) DEPENDENCY AND INDEMNITY COMPENSATION TO SURVIVING SPOUSE.—Each 

of the dollar amounts under subsections (a) through (d) of section 1311 of such 

title. 

(5) DEPENDENCY AND INDEMNITY COMPENSATION TO CHILDREN.—Each of the 

dollar amounts under sections 1313(a) and 1314 of such title. 

(c) DETERMINATION OF INCREASE.— 


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(1) PERCENTAGE.—Except as provided in paragraph (2), each dollar amount 

described in subsection (b) shall be increased by the same percentage as the 

percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2012, as a 

result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). 

(2) ROUNDING.—Each dollar amount increased under paragraph (1), if not a 

whole dollar amount, shall be rounded to the next lower whole dollar amount. 

(d) SPECIAL RULE.—The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 

Stat. 1263) who have not received compensation under chapter 11 of title 38, United 

States Code. 

(e) PUBLICATION OF ADJUSTED RATES.—The Secretary of Veterans Affairs shall 

publish in the Federal Register the amounts specified in subsection (b), as increased 

under that section, not later than the date on which the matters specified in section 

215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during 

fiscal year 2014. 

SEC. 13. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE SERVICE. 

For each of fiscal years 2014 through 2018, the Secretary of Veterans Affairs may 

not pay any performance awards under section 5384 of title 5, United States Code. 

Amend the title to read: 

A bill to amend title 38, United States Code, to require courses 

of education provided by public institutions of higher education 

that are approved for purposes of the educational assistance programs administered by the Secretary of Veterans Affairs to charge 

veterans tuition and fees at the in-State tuition rate, to make other 

improvements in the laws relating to benefits administered by the 

Secretary of Veterans Affairs, and for other purposes. 

PURPOSE AND SUMMARY

H.R. 357 was introduced on January 23, 2013, by Representative 

Jeff Miller of Florida. H.R. 357, as amended, incorporates provisions from H.R. 562, introduced by Representative Jeff Miller of 

Florida, H.R. 569, introduced by Representative Jon Runyan of 

New Jersey; H.R. 631, as amended, introduced by Representative 

Bill Flores of Texas; H.R. 844 introduced by Representative Mark 

Takano of California; H.R. 1305, introduced by Representative 

Brad Wenstrup of Ohio; H.R. 1316, as amended, introduced by Representative Bill Flores of Texas; H.R. 1402, introduced by Representative Mike Coffman of Colorado; and H.R. 1453, introduced 

by Representative Mark Takano of California. Additionally, the bill 

as amended contains a free-standing provision that would place a 

five year moratorium on bonuses for members of the senior executive service at the Department of Veterans Affairs (VA). 

BACKGROUND AND NEED FOR LEGISLATION

Section 3. Approval of courses of education provided by public educational institutions for purposes of educational assistance programs administered by Secretary of Veterans Affairs conditional on in-state tuition rate for veterans 

Our nation’s veterans have always been a source of strength for 

America’s economy. The Post 9/11 GI Bill has given thousands of 

veterans the option of attending college or receiving other types of 

vocational training at little or no out-of-pocket cost to them. Every 

dollar that we provide in education and training benefits to vetVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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erans under the GI Bill goes right back into our economy when 

these veterans graduate and enter the workforce. 

According to the College Board, for the 2012–2013 school year, 

the average in-state tuition and fees at public institutions was 

$8,655 per year. For out-of-state students, the average was $21,706 

per year (roughly a 250 percent difference). Under current law, the 

Post 9/11 GI Bill only covers tuition and fees at the in-state rates 

at public schools. As a result, out-of-state student veterans can 

incur significant debt to make up the $13,000 average yearly difference. 

The Committee believes that this disparity must end. First, the 

men and women who served this nation did not just defend the citizens of their home states, but the citizens of all 50 states. 

Second, nearly every state already offers significant tuition discounts at many state institutions to non-resident students. For example, there are four regional state compacts that offer non-resident students discounts, usually about 150 percent of in-state 

rates. Again, using College Board data, that is a significant difference from the average of 250 percent now being charged nonresident veterans. 

Third, those who have served in the military should not be required to subsidize the education of the majority who did not. The 

Committee has also received anecdotal evidence that the non-resident tuition rates at some schools are set to defray some of the cost 

for in-state students. It is absolutely inappropriate that schools balance their revenue streams on the backs of veterans and the nation’s taxpayers who are providing a very generous education benefit. Annual VA expenditures for GI Bill benefits has increased dramatically with the advent of the Post-9/11 GI Bill from about $3.5 

billion in FY 2009 to about $11.5 billion predicted for FY 14. Of 

those totals, about one half are paid to schools for tuition and fees. 

Put succinctly, state boundaries should not trump a veteran’s 

choice in schools. 

To solve this inequity, section 3 would require that public schools 

charge veterans no more than the in-state tuition and fee rates as 

a condition of approval by VA for GI Bill benefits. If the school 

chooses not to provide in-state tuition to veterans, regardless of 

their state of residence, the school would not be approved to enroll 

new students using their GI Bill benefits. Under this section, students who are attending these institutions prior to this section’s effective date of July 1, 2015 would be grandfathered and would be 

able to use their GI Bill benefits at this institution until July 1, 

2019. The expanded effective date of July 1, 2015 would provide 

states and institutions time to comply with this section. 

To address concerns that this section is potentially a violation of 

the 10th Amendment to the Constitution, the Committee staff requested an opinion on those issues from Constitutional experts at 

the Congressional Research Service (CRS). The CRS replied as follows: 

This e-mail is to memorialize a conversation between 

Ken Thomas of this office and Mike Brinck, Republican 

Staff Director, House Committee on Veterans Affairs, on 

the constitutionality of H.R. 357, the proposed GI Bill Tuition Fairness Act of 2013. Specifically, the question that 

was discussed was whether the Congress is prohibited by 


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the Spending Clause or the Tenth Amendment from requiring, as a condition of receiving federal education benefits from the U.S. Department of Veterans Affairs, that 

veterans attending a public university be charged the 

same rate as the institution charges for residents of the 

state in which the institution is located, regardless of the 

veteran’s state of residence. 

In South Dakota v. Dole, 483 U.S. 203 (1987), the Supreme Court held that, in order for a federal grant condition imposed on a state to pass constitutional muster 

under the Spending Clause, the condition must be related 

to the particular national project or programs to which the 

money was being directed. In NFIB v. Sebelius, No. 11– 

393, slip op. (June 28, 2012), Justice Roberts, in a controlling opinion, suggested that the withdrawal of program 

funds based on a grant condition that modifies an existing 

program would, in most foreseeable cases, be constitutional under the Spending Clause. NFIB, slip op. at 53–55. 

As the tuition discount in H.R. 357 is an amendment to an 

existing program that is generally related to the policy 

goal of making affordable higher education available to 

veterans, this proposed bill would appear likely to be found 

to be consistent with the Spending Clause. 

The Court in Dole also considered whether the Tenth 

Amendment (which provides that state legislatures or executive branch officials may not be ‘‘commandeered’’) could 

be an independent constitutional bar to certain grant conditions. The Court suggested that, in some instances, financial inducements offered by Congress might be so coercive as to pass the point at which ‘‘pressure turns into 

compulsion.’’ In NFIB, the Court found that, as long as a 

particular grant condition was related to an existing underlying program, a grant constituting as much as 10% of 

a state’s overall budget could be withdrawn without violating the Tenth Amendment. NFIB, slip op. at 55. Since 

withholding of veteran’s education benefits in order to encourage states to lower education costs for veterans would 

be related to those existing programs designed to make affordable higher education available to veterans, and since 

the withholding of such benefits is unlikely to reach 10% 

of a state’s overall budget, the requirements of H.R. 357 

would appear to be constitutional. 

The Committee acknowledges that many states already provide 

reduced tuition benefit to out-of-state veterans. We applaud the effort of these states and their efforts to serve veteran students. 

Should all 50 states choose to apply in-state rates in the spirit of 

this section, this changes will have a minor effect on the vast majority of schools’ revenue model since 85 percent of schools approved for GI Bill benefits enroll fewer than 100 veterans. 

Section 4. Extension of authorization of appropriations for payment 

of a monthly assistance allowance to disabled veterans training 

or competing for the Paralympic team 

Public Law 110–389 (122 Stat. 4145) authorized VA to provide 

monthly assistance allowance stipends equal to the allowance proVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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vided to veterans under the Vocational Rehabilitation and Employment Program to disabled veterans who are competing at the elite 

level in Paralympic sports. Since 2010, VA has distributed training 

stipends to over 115 veteran athletes and 43 of these athletes have 

met the national team standard in their respective sports. The stipends help these athletes defray living expenses while they train 

and compete at an elite level in their respective sports. 

The Committee supports these stipends as a way to further facilitate rehabilitation of disabled veterans beginning at the grassroots level and, for those who are capable, at elite levels. For example, as a result of this program, 17 disabled veteran athletes were 

on the 2012 London Paralympic Team where they combined to win 

seven medals. This section would extend the existing authorization 

at the currently authorized rate of $2 million per year to provide 

these stipends through fiscal year 2018. 

Section 5. Extension of authorization of appropriations for assistance to United States Paralympics, Inc. 

With the passage of P.L. 110–389, Congress required VA to conclude a Memorandum of Agreement with the US Olympic Committee (USOC) to increase participation in sports by disabled veterans as a way to speed rehabilitation and promote a healthy lifestyle. 

The program focuses on increasing adaptive sports programs at 

the community level and opportunities for disabled veteran athletes 

to progress to elite levels of competition such as the Paralympic 

Games. The USOC provides a full range of assistance, from advice 

to direct training services and facilities. The law authorizes $8 million per year for VA to continue supporting a program of grants made by the USOC Paralympic Program to local and national providers of adaptive sports programs. 

According to USOC, more than 350 USOC partner organizations in 

46 states and the District of Columbia are investing millions in private resources, staff and facilities to cost effectively implement 

these programs. 

The USOC has told the Committee that over 16,000 veterans 

have benefited from programs funding through this program. The 

Committee applauds the efforts of VA and USOC to help disabled 

veterans and we are heartened that VA and USOC have implemented the recommendations made by the Government Accountability Office to improve financial management and tracking of performance of this program. This section would extend the existing 

$8 million authorization of appropriations for this program through 

fiscal year 2018. 

Section 6. Clarification of eligibility for services under the Homeless 

Veteran Reintegration Program 

As our country continues its efforts to eliminate homelessness 

among veterans, the Committee believes that every effort must be 

made to provide homeless veterans, or veterans who are at risk for 

homelessness, access to job training and placement programs that 

can help them find meaningful employment. 

Earlier this year, a decision by the U.S. Department of Labor excluded veterans who were participating in the Housing and Urban 

Development-Veteran Affairs Supportive Housing Program (HUD– 


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VASH) from participating in the Homeless Veteran Reintegration 

Program (HVRP) funded job-skill training and placement services. 

The decision concluded that because the HUD–VASH participants 

are defined as residing in ‘‘permanent housing’’ veterans were no 

longer ‘‘homeless,’’ and, therefore, were not eligible for the needed 

job-skill training under HVRP. 

Nearly all veterans who are in the HUD–VASH program were 

unemployed and could benefit from HVRP services as a means to 

become economically self-sufficient and eventually exit from the 

program. In fact, the concept behind HUD–VASH is to provide 

comprehensive wrap-around services to veterans so that recidivism 

is prevented. A large component of such wrap-around training services is job training, the provided under HVRP. The Committee 

strongly believes that it is counterintuitive to place a homeless and 

unemployed person—especially one who has been ‘‘on the streets’’ 

for extended periods, in housing and expect they will find employment without basic services. Thus, this section redefines eligibility 

for HVRP to include homeless veterans, veterans who are 

transitioning from being incarcerated, and veterans participating in 

HUD–VASH program. 

Section 7. Extension of eligibility for period for Vocational Rehabilitation Programs 

The Vocational Rehabilitation and Employment Program (VR&E) 

provides job training and related services to veterans with serviceconnected disabilities. To be entitled to VR&E services, veterans 

must have received a discharge other than dishonorable and be 

found to have either (1) a 20 percent service-connected disability 

and an employment handicap, or (2) a 10 percent service-connected 

disability and a serious employment handicap. After veterans are 

found to be entitled to VR&E, a counselor helps the veteran identify a suitable employment goal and determines what services will 

be necessary to achieve that goal. Under section 3103 of title 38, 

United States Code, veterans are eligible for VR&E services for 12 

years following their discharge from active duty, except under limited circumstances. 

The Committee has received testimony that at the end of the 12- 

year period veterans may not yet be ready to make a determination 

as to what they want to do career-wise, such as going to school, 

going to work, or getting licensed or certified in their military area 

of expertise. Veterans may need to take some time to reach the 

level where they can take advantage of the services offered by 

VR&E. Some veterans do not even become aware of the VR&E program until after they are no longer eligible. 

Some veterans with traumatic brain injuries, spinal cord injuries 

and other serious injuries often require years to properly heal and 

complete their rehabilitation. After completing their rehabilitation, 

veterans then need to adjust to the everyday activities of daily living. After taking years to adjust to their injuries veterans then face 

the challenge of reintegrating with families and communities. 

In order to provide disabled veterans with sufficient time to be 

physically and mentally ready to face those challenges outlined 

above, this section would extend the delimiting date for VR&E 

services from 12 to 17 years following discharge. This extension 

would ensure that all veterans, and seriously injured veterans in 


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particular, are given the time to heal, rehabilitate, re-connect with 

their families and reintegrate back into their communities without 

missing the opportunities offered by VR&E. 

Section 8. Work study allowance 

Under current law, certain veterans and dependents enrolled in 

school through a VA educational program are eligible to perform a 

certain number of hours of work in exchange for compensation 

through VA’s work study program. Eligible individuals may work 

for up to 25 hours times the number of weeks contained in an enrollment period. Participants receive the greater of the state’s minimum wage rate or the national minimum wage rate under section 

6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)). Eligible work-study activities are: • VA outreach services programs or, prior to June 30, 2013, 

outreach services to servicemembers and veterans furnished by 

employees of a state approving agency (SAA); • preparation and processing of necessary papers and other 

documents at educational institutions or regional offices or facilities of the VA; • hospital and domiciliary care and medical treatment at VA 

facilities, and, prior to June 30, 2013, care to veterans in a 

state home; • any other activity of the VA as the Secretary determines 

appropriate; • activities related to the administration of MGIB-SR and 

REAP at DOD, Coast Guard, or National Guard facilities (for 

reservists only); • prior to June 30, 2013, activities relating to the administration of a national cemetery or a state veterans’ cemetery; • activities of a state veterans agency related to providing 

assistance to veterans in obtaining state and VA benefits; • a position working in a cooperative program carried out 

jointly by the VA and an IHL; and 

• any other veterans-related position in an IHL. 

The existing legal authority for VA’s work study program expires 

on June 1, 2013. The Committee believes that reauthorization of 

this program would be beneficial to veterans pursuing a college degree. This program gives veterans and dependents an alternative 

means to supplement their income without incurring more debt. In 

recent years the average student has been leaving college with an 

average debt of $24,000 to cover all college expenses. Accordingly, 

section eight of the Committee bill would extend the authorization 

of this program through June 1, 2018. 

Section 9. Responsibilities of the Directors of Veterans’ Employment 

and Training 

One of the Committee’s highest priorities is to improve the performance of existing federal programs that provide job training and 

placement assistance to veterans. To improve the performance of 

those programs by setting a minimum standard for those Federal 

employees responsible for oversight, this section would codify the 

roles and responsibilities of Directors of Veteran Employment and 

Training (DVETS). DVETS are Federal employees who represent 

the U.S. Department of Labor’s Veterans Employment and TrainVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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ing Service (VETS) at the state level. Their primary responsibility 

is to oversee the Disabled Veteran Outreach Program Specialists 

(DVOPS) and Local Veteran Employment Representatives (LVERS) 

who are funded by the Jobs for Veterans Sate Grant Program. 

The DVOPS and LVERS are charged with helping disabled and 

non-disabled veterans with employment assistance at American 

Job Centers across the country. The inconsistent performance of 

the DVOPS and LVERS continues to be a topic of concern for the 

Committee. Codifying the responsibilities of DVETS would 

strengthen their position with their state to improve the performance of the DVOPS and LVERS. 

The roles and responsibilities that would be codified by this section generally reflect the current position description for DVETS 

that was provided to the Committee by VETS. 

Section 10. Contents of the Transition Assistance Program 

The VOW to Hire Heroes Act (Title II of P.L. 112–56; 125 Stat. 

711) made the transition assistance program (TAP) mandatory for 

all but a very few servicemembers. Since the enactment of that bill, 

the military Services and the Administration have nearly completed an overhaul of the TAP program for the first time in decades. The military Services have wide latitude in how TAP is structured, i.e. which instructional element would be mandatory and 

which would be optional. Based on information gleaned during 

Committee staff site visits, the new TAP curriculum is much improved but still fails to include detailed instruction on the use of 

GI Bill benefits as part of the mandatory curriculum. 

The Mandatory curriculum includes detailed instruction designed 

to facilitate a departing servicemember’s ability to find a good job. 

DoD has also created several tracks or courses for servicemembers 

that focus on some of the most common transition paths that 

servicemembers take when separating. These tracks focus on the 

following areas: education, vocational-tech, and entrepreneurship 

and are meant to provide in-depth training that best fits 

servicemembers’ transition goals. Unfortunately, these tracks are 

considered as ‘‘optional’’ by senior DoD staff and not part of the 

mandatory TAP program. 

From Committee staff’s observations while attending several 

TAP sessions, the most popular of these tracks is the education 

track with about 50 percent of participants indicating their intent 

to use their GI Bill benefits soon after discharge. The education 

track should help them decide whether they are ready for post-secondary education, and if not, how to get ready, what their education or training goal should be, what schools would best meet 

their education or training goal, how to complete the admissions 

process, and finally, how to finance their education or training 

while avoiding some common mistakes. 

It is therefore imperative that these future students depart military service with a thorough understanding of a very generous GI 

Bill benefit and receive assistance in preparing for what can be a 

very diverse and potentially confusing education industry. 

The Post 9/11 G.I. Bill benefit has the potential to provide over 

$270,000 over four years to an eligible veteran. If taxpayers are 

going to provide this very generous benefit, it is important to enVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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sure that program beneficiaries are prepared to make best use of 

this benefit. 

Unfortunately, because the educational instruction track is now 

a non-mandatory option, servicemembers can only take the track if 

their supervisor allows them to miss the additional days of work, 

or if servicemembers are deemed not to meet the ‘‘career readiness 

standards,’’ which standards are currently undefined. 

Therefore, this section would require that if a servicemember intends to use their VA education benefits following discharge, they 

must be allowed to attend the education track. This section would 

also require the U.S. Department of Labor (DoL) to include information on disability-related employment and education protections 

in its portion of TAP. Doing so is necessary because the current 

version of the DoL employment workshop fails to mention the various employment and education protections disabled veterans have 

under federal and state law. 

Section 11. Three month extension of Veterans Retraining Assistance Program (VRAP) 

The Veterans Retraining Assistance Program was authorized by 

the VOW to Hire Heroes Act of 2011 (title II of P.L. 112–56; 125 

Stat. 711) and is a joint program between VA and VETS aimed at 

providing older, unemployed veterans access to short-term training 

to help them qualify for meaningful employment. The program provides unemployed veterans between the ages of 35 and 60 up to 

one year of Chapter 30 Montgomery G.I. Bill benefits to attend 

training for an in-demand occupation at a community college or 

tech school. The program was capped at 99,000 participants and 

runs from July 1, 2012 through March 31, 2014. Once the program 

expired, the law also required, VA and VETS to provide a joint report on the effectiveness of the program including the number of 

participants who found work. 

As of May 9, 2013 VA has received 116,731 applications for 

VRAP, has approved 100,825 certificates of eligibility, and 46,699 

veterans are currently in training. While the Committee is encouraged by these numbers we note that less than half of the veterans 

who possess a certificate of eligibility are actually involved in training and expect the VA and Department of Labor to renew efforts 

to increase actual enrollment. 

Section 11 would extend the ending period for the VRAP program 

from March 31, 2014 to June 30, 2014. This extension would allow 

veterans more time to use their VRAP benefits and better aligns 

with the traditional school year. Additionally, this section requires 

VA and DoL to submit to Congress an interim report within 30 

days of enactment on the effectiveness of the VRAP program. This 

report will help better inform Congress on the success of this program and whether the program should be continued at some point 

or serve as a model to reduce future unemployment rates among 

veterans. 

Section 12. Increase in rates of disability compensation and dependency and indemnity compensation 

This section would increase, effective December 1, 2013, the rates 

of compensation for service-connected disabilities and the rates of 

dependency and indemnity compensation (DIC) for surviving 


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spouses and children of veterans who die of service-connected 

causes, as well as the additional amounts for dependents and survivors, and clothing allowances for certain veterans. Congress has 

provided annual increases in these rates for every fiscal year since 

1976. 

The Committee is following its longstanding practice of setting 

the cost-of-living adjustment (COLA) by reference to the yet-to-bedetermined Social Security increase. At the time of the filing of this 

report, the increase is expected to be 2.1 percent, but it may be 

higher or lower depending on changes in the Consumer Price 

Index. 

The basic purpose of the disability compensation program is to 

provide relief from the impaired earning capacity of veterans disabled as the result of their military service. The amount of compensation payable varies according to the degree of disability. This 

amount in turn is required by law to represent, to the extent practicable, the average impairment in earning capacity in civilian occupations resulting from such disability or combination of disabilities. 

To be eligible to receive disability compensation, a veteran must 

have a disability incurred or aggravated during military service, 

which is not the result of willful misconduct, and have been discharged under other than dishonorable conditions. The responsibility for determining a veteran’s entitlement to service-connection 

for a disability rests with the Department of Veterans Affairs (VA). 

Surviving spouses and dependent children of veterans who died 

of disabilities determined by VA to be service-connected (including 

veterans who died while on active duty) or who had a service-connected disability rated at 100 percent for certain periods of time 

prior to death are entitled to receive monthly DIC benefits. Additional amounts are paid to survivors who are housebound, in need 

of aid and attendance, or have minor children. The purpose of DIC 

benefits authorized under chapter 13 of title 38, United States 

Code, is to provide partial compensation to the appropriate survivors for the loss in financial support due to the service-connected 

death. Income and need are not factors in determining a surviving 

spouse’s or child’s entitlement because the Nation, in part, assumes 

the legal and moral obligation of the veteran to support the spouse 

and children. 

Section 13—Performance awards in Senior Executive Services 

Section 5384 of title 5, United States Code, sets out the authority 

for Federal agencies to allocate performance incentives to employees of the Senior Executive Service (SES). According to information 

supplied by VA, 221 SES bonuses were awarded in FY 2008 at a 

total cost of $3,816,330; 219 bonuses were awarded in FY 2009 at 

a total cost of $3,728,536; 227 bonuses were awarded in FY 2010 

at a total cost of $3,342,100; and, 243 bonuses were awarded in FY 

2011 at a total cost of $2,799,618. The Committee notes that historically, about two-thirds of all SES employees receive bonuses 

which have averaged about $15,000 per employee. 

In light of the highly publicized problems over the past few years 

involving VA healthcare, contracting and benefits officials, as well 

as the tight fiscal climate, the Committee questions the effectiveness of the bonus program. Despite generous bonuses, lapses in the 


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quality of healthcare, cost overruns in VA contracts, and the significant increase in claims backlog continue. The Committee believes that as an incentive to improve performance, bonuses have 

failed and they have become nothing more than a poorly-justified 

subsidy to SES salaries. 

To facilitate a reevaluation of VA’s SES bonus program, this section would prohibit VA from paying SES performance awards to 

senior staff for fiscal years 2013 to 2018. 

HEARINGS

On April 10, 2013, the Subcommittee on Economic Opportunity 

conducted a legislative hearing on various bills introduced during 

the 113th Congress, including H.R. 357, H.R. 562, H.R. 631, H.R. 

844, H.R. 1305, H.R. 1316, H.R. 1402, and H.R. 1453. The Following witnesses testified: 

Mr. Curtis Coy, Deputy Under Secretary for Economic Opportunity, Veterans Benefits Administration, U.S. Department of Veterans Affairs, who was accompanied by Mr. Danny Pummill, Director, Veterans Benefits Administration/Department of Defense Program Office, U.S. Department of Veterans Affairs; Dr. Susan Kelly, 

Deputy Director, Transition to Veterans Program Office, U.S. Department of Defense; The Honorable Keith Kelly, Assistant Secretary, Veterans’ Employment and Training Service, U.S. Department of Labor; Mr. Charles Huebner, Chief of U.S. Paralympics, 

U.S. Olympic Committee; Dr. Susan Aldridge, Senior Fellow, American Association of State Colleges and Universities; Col. G. Michael 

Denning (USMC) Ret., Director of Graduate Military Programs, 

The University of Kansas, on behalf of the Association of Public 

and Land Grant Universities; LtGen Joseph F. Weber (USMC) 

Ret., Vice President for Student Affairs, Texas A&M University; 

Mr. Alexander Nicholson, Chief Policy Officer, Iraq and Afghanistan Veterans of America; Mr. Ryan M. Gallucci, Deputy Director, 

National Legislative Service, Veterans of Foreign Wars of the 

United States; Mr. Steve L. Gonzalez, Assistant Director, National 

Economic Commission, The American Legion; and Mr. Michael 

Dakduk, Executive Director, Student Veterans of America. The following groups submitted statements for the record: The National 

Coalition for Homeless Veterans; VETSFirst; and Gold Star Wives 

of America, Inc. 

On April 16, 2013, the Subcommittee on Disability Assistance 

and Memorial Affairs conducted a legislative hearing on various 

bills introduced during the 113th Congress, including H.R. 569 

(from which section 12 of H.R. 357, as amended, is derived), H.R. 

570, H.R. 602, H.R. 671, H.R. 679, H.R. 733, H.R. 894 and H.R. 

1405. The Following witnesses testified: 

The Honorable Bill Johnson, U.S. House of Representatives; The 

Honorable Chellie Pingree, U.S. House of Representatives; The 

Honorable Timothy Walz, U.S. House of Representatives; Mr. Jeff 

Hall, Assistant National Legislative Director, Disabled American 

Veterans; Mr. Raymond Kelley, Director of National Legislative 

Service, Veterans of Foreign Wars; Colonel Robert F. Norton, USA 

(Ret.), Deputy Director of Government Relations, Military Officers 

Association of America; Heather Ansley, Esq., MSW, Vice President 

of Veterans Policy, VetsFirst, a program of United Spinal Association; Mr. Michael D. Murphy, Executive Director, National AssociaVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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tion of County Veterans Service Officers; Mr. Richard Hipolit, Assistant General Counsel, U.S. Department of Veterans Affairs; Mr. 

David R. McLenachen, Director, Pension and Fiduciary Service, 

U.S. Department of Veterans Affairs, accompanied by Ms. Mary 

Ann Flynn, Deputy Director, Policy and Procedures, Compensation 

Service, U.S. Department of Veterans Affairs. The following groups 

submitted statements for the record: The American Legion; Iraq 

and Afghanistan Veterans of America; National Organization of 

Veterans Advocates; and Wounded Warrior Project. 

SUBCOMMITTEE CONSIDERATION

On April 25, 2013, the Subcommittee on Economic Opportunity 

met in an open markup session, a quorum being present, and favorably forwarded to the full Committee H.R. 357, as amended, 

H.R. 562, H.R. 631, as amended, H.R. 844, H.R. 1305, H.R. 1316, 

as amended, H.R. 1402, and H.R. 1453, as amended, by voice vote. 

During consideration of H.R. 357 the following amendment was 

considered and agreed to by voice vote: 

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

Runyan of New Jersey modified the bill to clarify that to be eligible for VA education benefits a school or training program 

could charge up to the in-state tuition rate. The amendment in 

the nature of a substitute also extended the effective date of 

the bill to July 1, 2015. 

During consideration of H.R. 631 the following amendment was 

considered and agreed to by voice vote: 

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

Runyan of New Jersey that modified the original bill to remove 

the requirement that listed a specific amount of days of training required with each subject of TAP. The amendment also required that if a servicemember plans to use education benefits 

following discharge they will be required to take the education 

track as part of the mandatory portion of TAP. This training 

would include information about the education benefits available to servicemembers, testing for academic readiness, information about financing the education or training, and training 

on matching a school to the servicemembers’ interests. 

During consideration of H.R. 1316 the following amendment was 

considered and agreed to by voice vote: 

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

Runyan of New Jersey that removed two provisions of the 

original bill that would have required DVETS to provide outreach to employers about veterans preference requirements 

under chapter 43 of title 38 U.S.C. and review and administer 

a compliance program to ensure that Federal contractors have 

an affirmative action plan to hire veterans. 

COMMITTEE CONSIDERATION

On May 8, 2013, the full Committee met in an open markup session, a quorum being present, and ordered H.R. 357, as amended, 

reported favorably to the House of Representatives, by voice vote. 

During consideration of the bill, the following amendment was considered and agreed to by voice vote: 


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An amendment in the nature of a substitute, by Mr. Miller 

of Florida incorporated the provisions from H.R. 562, H.R. 631, 

as amended, H.R. 844, H.R. 1305, H.R. 1316, as amended, H.R. 

1402, and H.R. 1453. Additionally, the amendment in the nature of a substitute added a free-standing provision that would 

eliminate bonuses for SES employees at VA for fiscal years 

2014–2018. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report the legislation and amendments thereto. There were 

no recorded votes taken on amendments or in connection with ordering H.R 357, as amended, reported to the full House. A motion 

by Ranking Member Michael H. Michaud of Maine to order H.R. 

357, as amended, reported favorably to the full House was agreed 

to by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

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

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

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

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

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

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

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

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 357, as amended, does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

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

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 357, 

as amended, prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act of 

1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

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

of Representatives, the following is the cost estimate for H.R. 357, 


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as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 16, 2013. 

Hon. JEFF MILLER, 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 357, the GI Bill Tuition 

Fairness Act of 2013. 

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

to provide them. The CBO staff contact is William Ma. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas W. Elmendorf, Director). 

Enclosure. 

H.R. 357—GI Bill Tuition Fairness Act of 2013 

Summary: H.R. 357 would: modify the monthly rates payable to 

veterans, their dependents, and survivors for disability compensation and dependency and indemnity compensation; amend the approval criteria for educational institutions at which veterans may 

use their education benefits; and make other changes to programs 

administered by the Department of Veterans Affairs (VA), the Department of Defense (DoD), and the Department of Labor (DOL). 

If enacted, CBO estimates that, on net, the bill would decrease 

direct spending by $139 million over the 2014–2018 period and by 

$347 million over the 2014–2023 period. Because the bill would affect direct spending, pay-as-you-go procedures apply. Enacting H.R. 

357 would not affect revenues. 

In addition, CBO estimates that implementing H.R. 357 would have a discretionary cost of $132 million over the 2014–2018 period, assuming appropriation of the estimated amounts. 

H.R. 357 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 357 is shown in Table 1. The costs of this legislation fall within budget functions 700 (veterans benefits and 

services) and 050 (national defense). 

TABLE 1—ESTIMATED BUDGETARY EFFECTS OF H.R. 357 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2014– 

2018 

CHANGES IN DIRECT SPENDING 

Estimated Budget Authority ......................................................... ¥1 ¥28 ¥36 ¥37 ¥37 ¥139 

Estimated Outlays ........................................................................ ¥1 ¥28 ¥36 ¥37 ¥37 ¥139 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 16 25 34 35 35 147 

Estimated Outlays ........................................................................ 7 21 33 34 35 132 

Notes: In addition to the direct spending effects shown here, enacting H.R. 357 would have effects on direct spending beyond 2018 (see 

Table 2). CBO estimates that total direct spending would decrease by $347 million over the 2014–2023 period. 

Components may not sum to totals because of rounding. 


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Basis of estimate: For the purposes of this estimate, CBO assumes that the legislation will be enacted near the beginning of fiscal year 2014, that the necessary amounts will be appropriated 

each year, and that outlays will follow historical spending patterns 

for similar and existing programs. 

Direct spending 

Table 2 summarizes H.R. 357’s effects on direct spending for veterans’ compensation and pension programs and veterans’ education, training and rehabilitation programs. In total, CBO estimates that enacting those provisions would reduce direct spending 

for veterans’ programs by $347 million over the 2014–2023 period. 


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TABLE 2—IMPACT OF H.R. 357 ON DIRECT SPENDING 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014– 2018 2014– 2023 

Rate Adjustment: 

Estimated Budget Authority ................................................................................................................ ¥25 ¥26 ¥26 ¥27 ¥27 ¥28 ¥29 ¥29 ¥30 ¥31 ¥131 ¥278 

Estimated Outlays ............................................................................................................................... ¥25 ¥26 ¥26 ¥27 ¥27 ¥28 ¥29 ¥29 ¥30 ¥31 ¥131 ¥278 

In¥State Tuition for Veterans: 

Estimated Budget Authority ................................................................................................................ 0 ¥6 ¥14 ¥15 ¥16 ¥16 ¥17 ¥18 ¥18 ¥19 ¥51 ¥139 

Estimated Outlays ............................................................................................................................... 0 ¥6 ¥14 ¥15 ¥16 ¥16 ¥17 ¥18 ¥18 ¥19 ¥51 ¥139 

Increase to Eligibility Period for Vocational Rehabilitation and Training Assistance: 

Estimated Budget Authority ................................................................................................................ 3 3 3 4 5 5 5 5 6 6 18 45 Estimated Outlays ............................................................................................................................... 3 3 3 4 5 5 5 5 6 6 18 45 

Extension of Veterans Retraining Assistance Program: 

Estimated Budget Authority ................................................................................................................ 20 0 0 0 0 0 0 0 0 0 20 20 Estimated Outlays ............................................................................................................................... 20 0 0 0 0 0 0 0 0 0 20 20 

Extension of Work Study Program: 

Estimated Budget Authority ................................................................................................................ 1 1 1 1 1 0 0 0 0 0 5 5 Estimated Outlays ............................................................................................................................... 1 1 1 1 1 0 0 0 0 0 5 5 

Total Changes in Direct Spending: 

Estimated Budget Authority ....................................................................................................... ¥1 ¥28 ¥36 ¥37 ¥37 ¥39 ¥41 ¥42 ¥42 ¥44 ¥139 ¥347 

Estimated Outlays ...................................................................................................................... ¥1 ¥28 ¥36 ¥37 ¥37 ¥39 ¥41 ¥42 ¥42 ¥44 ¥139 ¥347 


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Rate Adjustment. Section 12 would increase the amounts paid to 

veterans for disability compensation and to their survivors for dependency and indemnity compensation by the same cost-of-living 

adjustment (COLA) payable to Social Security recipients. The increase would take effect on December 1, 2013. The COLA that 

would be authorized by this bill is assumed in CBO’s baseline, consistent with section 257 of the Balanced Budget and Emergency 

Deficit Control Act. 

Because the COLA is assumed in CBO’s baseline, the COLA provision would have no budgetary effect relative to the baseline. Relative to current law, CBO estimates that enacting this bill would 

increase spending for those programs by $1.9 billion in fiscal year 

2014. (The annualized cost would be about $2.6 billion in subsequent years.) This estimate reflects the assumption that the COLA 

effective on December 1, 2013, would be 1.5 percent. 

Section 12 also would extend for a year a provision of law that 

requires the increased monthly rates resulting from the COLA to 

be rounded down to the next lower whole dollar. This provision of 

law applies to both disability compensation and dependency and indemnity compensation payments. This provision is set to expire at 

the end of fiscal year 2013. Based on projections of the number of 

beneficiaries and number of payments made each year, CBO estimates that this section would result in direct spending savings of 

$278million over the 2014–2023 period. 

In-State Tuition for Veterans. Section 3 would require the Secretary of Veterans Affairs to approve, for the purposes of participating in education benefits programs administered by VA, only 

those public institutions of higher education that charge all veterans tuition and fees no more than the in-state rate. Eligible individuals would no longer be able to use their education benefits at 

institutions not approved; however, individuals enrolled in those institutions before July 1, 2015, would still be able to use their benefits through July 1, 2019. 

Under current law, VA pays up to the actual net cost of in-state 

tuition and fees for individuals who are eligible for the full Post9/11 GI Bill benefit. Students attending public institutions where 

non-resident tuition and fees exceed the maximum amount payable 

may be eligible for additional assistance under the Yellow Ribbon 

GI Education Enhancement Program. When an institution enters 

into a Yellow Ribbon Program (YRP) agreement with VA, it agrees 

to cover a portion of the student’s tuition shortfall. VA then 

matches the institution’s contribution to further reduce or eliminate the student’s out-of-pocket expenses. 

Based on information from VA, CBO estimates that, if H.R. 357 

is enacted, approximately 3,800 veterans would no longer be 

charged tuition and fees at the non-resident rate each year. Under 

current law, those veterans will receive about $3,900 each in YRP 

assistance in 2015 and, after taking into consideration annual increases in tuition costs, $4,900 each by 2023. In total, CBO estimates that the reduction in YRP assistance would decrease direct 

spending by $139 million over the 2014–2023 period. 

Increase to Eligibility Period for Vocational Rehabilitation and 

Training Assistance. Under current law, VA may provide assistance for vocational training and rehabilitation to certain eligible 

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aration from service on active duty. Section 7 would extend that period to 17 years. Based on information from VA, CBO estimates 

that under this provision, about 400 additional veterans would receive assistance each year. Based on data from VA, CBO estimates 

the average cost of providing vocational rehabilitation and training 

assistance to each of those veterans would be about $10,000 in 

2014 and, after accounting for inflation, about $13,000 by 2023. In 

total, this provision would increase direct spending by $45 million 

over the 2014–2023 period, CBO estimates. 

Extension of Veterans Training Assistance Program (VRAP). 

VRAP provides up to 12 months of assistance to certain unemployed veterans pursuing programs that prepare them to work in 

fields determined by DOL to have significant employment opportunities. The monthly amount of assistance is equal to the maximum 

monthly amount of basic assistance payable under the Montgomery 

GI Bill (in 2014, that monthly amount will be about $1,640). Under 

current law, VA may not provide such assistance beyond March 31, 

2014. Section 11 would extend VRAP through June 30, 2014. Based 

on information from VA, CBO estimates that about 5,000 veterans 

would benefit from this three-month extension, with each of those 

veterans receiving, on average, about 21⁄2 months of additional assistance. CBO estimates that extending the VRAP by three months 

would increase direct spending by $20 million over the 2014–2023 

period. 

Extension of Work-Study Program. Veterans using their educational benefits on a full-time or 3⁄4-time basis may be eligible to 

receive a work-study allowance for performing VA-related work on 

school campuses and at other qualifying locations. Those veterans 

are paid the federal minimum wage or their state’s minimum wage, 

whichever is greater. Under current law, VA’s authority to pay 

work-study allowances to certain veterans performing outreach 

services, providing hospital and domiciliary care to veterans in 

state homes, or performing activities at national or state veterans’ 

cemeteries expires on June 30, 2013. Section 8 would extend that 

authority through June 30, 2018. Assuming the legislation is enacted near the beginning of fiscal year 2014, there would be an 

interruption in VA’s authority to pay work-study allowances for 

about 400 positions. Based on information from VA, CBO estimates 

that, if H.R. 357 is enacted, VA would quickly fill those 400 workstudy positions and the veterans filling those positions would each 

be paid, on average, about $2,800 annually. Over the 2014–2023 

period, this provision would increase direct spending by $5 million, 

CBO estimates. 

Spending subject to appropriation 

H.R. 357 contains provisions that would extend or modify several 

discretionary programs that provide assistance to servicemembers 

separating from active duty and certain other veterans. It also 

would limit the amount of performance awards VA may pay to senior staff. CBO estimates that implementing those provisions of the 

bill would cost $132 million over the 2014–2018 period, assuming 

appropriation of the estimated amounts (see Table 3). 


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TABLE 3—IMPACT OF H.R. 357 ON SPENDING SUBJECT TO APPROPRIATION 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2014– 

2018 

Required Contents of the Transition Assistance Program: 

Estimated Authorization Level ............................................. * 9 18 19 19 65 

Estimated Outlays ............................................................... * 8 18 18 19 63 

VA Support of Paralympic Program: 

Authorization Level .............................................................. 10 10 10 10 10 50 

Estimated Outlays ............................................................... 10 10 10 10 10 50 

Homeless Veterans Reintegration Program Eligibility: 

Estimated Authorization Level ............................................. 10 10 10 10 10 50 

Estimated Outlays ............................................................... 1 7 9 10 10 37 

Performance Awards for Senior Executive Staff: 

Estimated Authorization Level ............................................. ¥4 ¥4 ¥4 ¥4 ¥4 ¥18 

Estimated Outlays ............................................................... ¥4 ¥4 ¥4 ¥4 ¥4 ¥18 

Total Changes in Discretionary Spending: 

Estimated Authorization Level .................................... 16 25 34 35 35 147 

Estimated Outlays ...................................................... 7 21 33 34 35 132 

Notes: Components may not add to totals because of rounding. 

* = less than $500,000. 

Required Contents of the Transition Assistance Program (TAP). 

Under current law, servicemembers receive pre-separation counseling through the TAP to help prepare them for the transition 

from military service. Section 10 would require DoD to provide the 

following elements as a component of TAP to all separating 

servicemembers planning to use their education benefits upon discharge or release from active duty: 

• An overview of the servicemember’s use of such entitlement; 

• Testing to determine the academic preparedness of the 

servicemember for postsecondary education, 

• Counseling on how to finance postsecondary education, 

and 

• Information on the veterans’ benefits programs administered by VA. 

Based on information from DoD, CBO estimates that the department would have to hire about 180 full-time employees to provide 

the required instruction, academic preparedness testing, and education counseling to about 85,000 separating servicemembers each 

year. 

CBO estimates that hiring those employees and carrying out the 

provisions of section 10 would cost $63 million over the 2014–2018 

period. 

Section 10 also would require DOL to incorporate into its existing TAP curriculum information about disability-related employment and education protections. Based on information from DOL, 

CBO estimates that revising DOL’s TAP curriculum and updating 

its handout materials would cost less than $500,000 over the 2014– 

2018 period. 

VA Support of Paralympic Program. Sections 4 and 5 would extend, through 2018, two programs related to VA’s authority to support the United States Olympic Committee (USOC) Paralympic 

Program. Those provisions are scheduled to expire at the end of fiscal year 2013. The first program authorizes VA to provide an allowance to certain veterans for any month in which they are in training for a USOC event or are residing at the USOC training center. 


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Under section 4, $2 million would be authorized annually to provide the monthly allowances through the Office of National Veterans Sports and Special Events. 

The second program authorizes VA to make grants to the USOC 

to plan, develop, manage, and implement the Paralympic Program 

for disabled veterans and disabled members of the armed service. 

Section 5 would authorize VA to provide $8 million in grant money 

per year to the USOC for those purposes. 

Together, CBO expects that implementing sections 4 and 5 would 

cost $50 million over the 2014–2018 period, assuming appropriation of the authorized amounts. 

Homeless Veterans Reintegration Program (HVRP) Eligibility. 

Section 6 would expand the number of veterans eligible to receive 

benefits under HVRP. That program, administered by DOL, provides job placement, training, and vocational counseling to homeless veterans to expedite their reintegration into the labor force. 

This provision would expand eligibility under HVRP to include veterans participating in the Department of Housing and Urban Development-VA Supportive Housing (HUD–VASH) program and veterans transitioning from being incarcerated. Under current law, 

the authorization of appropriations for the HVRP will expire at the 

end of fiscal year 2013; however, the authority for DOL to provide 

those reintegration services is indefinite (subject to the availability 

of appropriations). Based on information from DOL, VA, and the 

Department of Justice, CBO estimates that an additional 5,000 veterans would receive those services each year at a cost of $37 million over the 2014–2018 period. 

Performance Awards for Senior Executive Staff. Section 13 would 

eliminate performance awards to senior executive staff at VA over 

the 2014–2018 period. In recent years, VA paid slightly less than 

$4 million annually for performance awards. Assuming that similar 

amounts would be provided under current law going forward, CBO 

estimates that implementing section 13 would reduce costs for pay 

and performance by $18 million over the 2014–2018 period. 

Responsibilities of the Directors of Veterans’ Employment and 

Training (DVETs). Under current law, the Secretary of Labor appoints DVETs in each state to manage and coordinate training and 

employment activities of the state. Section 9 would require DVETs 

to complete certain functions in the performance of their duties. 

Based on information from DOL, those prescribed functions are either already specified in statute or included in the performance 

standards of all DVETs. Thus, CBO estimates that implementing 

section 9 would codify those existing performance standards and 

have no effect on the federal budget. 

Pay-as-You-Go Considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

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


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CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 357 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON VETERANS’ AFFAIRS ON MAY 8, 2013 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013– 

2018 

2013– 

2023 

NET DECREASE (¥) IN THE DEFICIT 

Statutory Pay-AsYou-Go Impact 0 ¥1 ¥28 ¥36 ¥37 ¥37 ¥39 ¥41 ¥42 ¥42 ¥44 ¥139 ¥347 

Estimated impact on state, local, and tribal governments: H.R. 

357 contains no intergovernmental mandates as defined in UMRA. 

The bill would require public institutions of higher education to 

charge veterans no more than in-state tuition and fees regardless 

of the veteran’s state of residency if veterans enrolled in those institutions are to be eligible to use their VA education benefits at 

those institutions. Any costs those institutions might incur to comply would be incurred voluntarily as conditions of participating in 

a voluntary federal program. 

Estimated impact on the private sector: H.R. 357 contains no 

new private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal costs: William Ma and Dwayne 

Wright; Impact on State, Local, and Tribal Governments: Lisa Ramirez-Branum; Impact on the Private Sector: Elizabeth Bass. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 357, as amended, prepared by the Director of 

the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

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

Federal Advisory Committee Act would be created by H.R. 357, as 

amended. 

STATEMENT OF CONSTITUTIONAL AUTHORITY

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

the reported bill is authorized by Congress’ power to ‘‘provide for 

the common Defense and general Welfare of the United States.’’ 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), the 

Committee finds that no provision of H.R. 357, as amended, the 

‘‘GI Bill Tuition Fairness Act of 2013,’’ establishes or reauthorizes 

a program of the Federal Government known to be duplicative of 


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another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139, or a program related to 

a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKING

Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), the 

Committee estimates that H.R. 357, as amended, does not require 

any directed rule makings. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides the short title of H.R. 357, as amended, as 

the ‘‘GI Bill Tuition Fairness Act of 2013.’’ 

Section 2. References to Title 38, United States Code 

Section 2 provides that unless otherwise expressly provided all 

references to the United States Code shall be considered to be in 

reference to title 38, United States Code. 

Section 3. Approval of courses of education provided by public educational institutions for the purposes of education assistance 

programs administered by Secretary of Veterans Affairs conditional on in-state tuition rate for veterans 

Section 3(a) would amend section 3679 of title 38, United States 

Code, by adding a new subsection (c) that would require the Secretary of VA, or a designee to disapprove a course of education at 

a public institution unless the institution charges veteran students 

no more than the in-state tuition rate regardless of the veteran’s 

state of residence. 

Section 3(b) would continue benefits to any student veteran who 

is enrolled at an approved institution before July 1, 2015. These 

students would be able to continue to use their VA education benefits regardless of the institution’s compliance with section 3(a) 

through July 1, 2019. This subsection also provides the Secretary 

waiver authority for this restriction where appropriate. 

Section 3(c) would set an effective date for this section of July 1, 

2015. 

Section 4. Extension of authorization of appropriations for payment 

of a monthly assistance allowance to disabled veterans training 

or competing for the paralympic team 

Section 4 would amend section 322(d)(4) of title 38, United States 

Code, by extending the existing authorization of appropriations for 

monthly assistance allowance to disabled veterans who are training 

at U.S. Olympic or other advanced training facilities for possible inclusion in U.S. Paralympic events for elite athletes. The existing $2 

million authorization would be extended from FY 2013 to FY 2018. 

Section 5. Extension of authorization of appropriations for assistance to United States Paralympics, INC. 

Section 5 would amend subsections (g) and (l) of section 521A of title 38, United States Code, to extend the existing $8 million auVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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thorization of appropriations for the adaptive sports program funding that the United States Paralympic Committee provides to local 

grantees. The authorization would be extended from FY 2013 to FY 

2018. 

Section 6. Clarification of eligibility for services under the Homeless 

Veteran Reintegration Program 

Section 6 would amend subsection (a) of section 2021 of title 38, 

United States Code, to clarify that veterans living in HUD–VASH 

housing (supported housing program under section 8(o)(19) of the 

United States Housing Act of 1937) as well as incarcerated veterans would be eligible for job training services under the Homeless Veterans Reintegration Program. 

Section 7. Extension of eligibility for period for vocational rehabilitation programs 

Section 7 would amend section 3102 of title 38, United States 

Code by extending the delimiting date for a veteran to use their 

Vocational Rehabilitation benefits from 12 years to 17 years following discharge from active duty. This section would make this 

change effective for any veteran who applies for Vocational Rehabilitation benefits on or after the date of enactment of this section. 

Section 8. Work study allowance 

Section 8 would amend section 3485(a)(4) of title 38, United 

States Code by extending the authority for the VA’s work study 

program from June 30, 2013 to June 30, 2018. 

Section 9. Responsibilities of the Directors of Veterans’ Employment 

and Training 

Section 9 would amend section 4103 of title 38, United States 

Code, to codify the major duties of DVETs of the Veterans Employment and Training Service using the essential functions contained 

in the position description for DVETs. Their basic responsibilities 

would be to track the funding and performance of Disabled Veteran 

Outreach Program Specialists (DVOPS) and Local Veterans Employment Representatives (LVERS) who are funded through the 

Jobs for Veterans State Grant Program (JVSG). Under this section 

they would also be responsible for monitoring and advising state 

and local workforce agencies on all other VETS programs such as 

the HVRP. 

Section 10. Contents of the Transition Assistance Program 

Section 10 would amend section 1144 of title 10, United States 

Code to require that if a servicemember plans to use their education benefits following discharge they will be required to take the 

education track as part of the mandatory portion of TAP. This 

training would include information about the education benefits 

available to servicemembers, testing for academic readiness, information about financing the education or training, and training on 

matching a school to the servicemembers’ interests. This section 

would also require that TAP instruction also cover topics related to 

disability-related and education protections provided to disabled 

veterans. The section also requires that VA conduct a feasibility 

study to determine if they could contract out for TAP instruction. 


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Section 11. Three month extension of Veterans Retraining Assistance Program (VRAP) 

Section 11 would amend section 211 of the VOW to Hire Heroes 

Act of 2011 (title II of P.L. 112–56; 125 Stat. 711 ) to extend the 

authorization for a veteran to use VRAP from March 31, 2014 to 

June 30, 2014. The section would also require an interim report on 

the effectiveness of VRAP from VA and the department of Labor’s 

Veterans Employment and Training Service (VETS) no later than 

30 days after enactment. 

Section 12. Increase in rates of disability compensation and dependency and indemnity compensation 

Section 12 would authorize the Secretary of Veterans Affairs to 

increase, effective December 1, 2013, the dollar amounts in effect 

for payment of disability compensation and dependency and indemnity compensation by the same percentage by which benefits are 

increased under title II of the Social Security Act (42 U.S.C. 401 

et seq.), which would include the Wartime Disability Compensation, under section 1114 of title 38, United States Code, the Additional Compensation for Dependents, under section 1115(1) of title 

38, U.S.C., the Clothing Allowance, under section 1162 of title 38, 

United States Code., the Dependency and Indemnity Compensation 

to Surviving Spouses, under section 1311 of title 38, United States 

Code., the Dependency and Indemnity Compensation to Children, 

under section 1313(a) and 1314 of title 38, United States Code. 

This section would require the rounding down to the next lower 

dollar amount all compensation and DIC benefits, when the 

amount is not a whole dollar amount, would authorize the Secretary of Veterans Affairs to administratively adjust, consistent 

with the increases made, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85– 

857 (72 Stat. 1263), who are not in receipt of compensation payable 

pursuant to chapter 11 of title 38, United States Code, and would 

require the Secretary of Veterans Affairs to publish in the Federal 

Register the amounts to be increased, as increased pursuant to this 

section. 

Section 13. Performance awards in Senior Executive Services 

Section 13, would require VA to eliminate the amount paid in 

performance awards to members of the Senior Executive Service 

under section 5384 of title 5, United States Code, for fiscal years 

2014 to 2018. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

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

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

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

existing law in which no change is proposed is shown in roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 


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PART I—GENERAL PROVISIONS 

* * * * * * * 

CHAPTER 3—DEPARTMENT OF VETERANS AFFAIRS 

* * * * * * * 

§ 322. Office of National Veterans Sports Programs and Special Events 

(a) * * * 

* * * * * * * 

(d) MONTHLY ASSISTANCE ALLOWANCE.—(1) * * * 

* * * * * * * 

(4) There is authorized to be appropriated to carry out this sub- section $2,000,000 for each of fiscal years 2010 through ø2013¿ 

2018. 

* * * * * * * 

CHAPTER 5—AUTHORITY AND DUTIES OF THE 

SECRETARY 

* * * * * * * 

SUBCHAPTER II—SPECIFIED FUNCTIONS 

* * * * * * * 

§ 521A. Assistance for United States Paralympics, Inc 

(a) * * * 

* * * * * * * 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated $8,000,000 for each of fiscal years 2010 through 

ø2013¿ 2018 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available without fiscal year 

limitation. 

* * * * * * * 

(l) TERMINATION.—The Secretary may only provide assistance 

under this section during fiscal years 2010 through ø2013¿ 2018. 

* * * * * * * 

PART II—GENERAL BENEFITS 

* * * * * * * 

CHAPTER 20—BENEFITS FOR HOMELESS VETERANS 

* * * * * * * 

SUBCHAPTER III—TRAINING AND OUTREACH 

§ 2021. Homeless veterans reintegration programs 

(a) IN GENERAL.—Subject to the availability of appropriations 

provided for such purpose, the Secretary of Labor shall conduct, diVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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rectly or through grant or contract, such programs as the Secretary 

determines appropriate to provide job training, counseling, and 

placement services (including job readiness and literacy and skills 

training) to expedite the øreintegration of homeless veterans into 

the labor force.¿ reintegration into the labor force of— 

(1) homeless veterans; 

(2) veterans participating in the Department of Veterans Affairs supported housing program for which rental assistance 

provided pursuant to section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)); and 

(3) veterans who are transitioning from being incarcerated. 

* * * * * * * 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 31—TRAINING AND REHABILITATION FOR 

VETERANS WITH SERVICE-CONNECTED DISABILITIES 

* * * * * * * 

§ 3103. Periods of eligibility 

(a) Except as provided in subsection (b), (c), (d), or (e) of this section, a rehabilitation program may not be afforded to a veteran 

under this chapter after the end of the øtwelve-year period¿ 17- 

year period beginning on the date of such veteran’s discharge or release from active military, naval, or air service. 

(b)(1) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because a medical 

condition of such veteran made it infeasible for such veteran to 

participate in such a program, the øtwelve-year period¿ 17-year period of eligibility shall not run during the period of time that such 

veteran was so prevented from participating in such a program, 

and such period of eligibility shall again begin to run on the first 

day following such veteran’s recovery from such condition on which 

it is reasonably feasible, as determined under regulations which 

the Secretary shall prescribe, for such veteran to participate in 

such a program. 

(2) In any case in which the Secretary determines that a veteran 

has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because— 

(A) * * * 

* * * * * * * 

the øtwelve-year period¿ 17-year period of eligibility shall not run 

during the period of time that such veteran was so prevented from 

participating in such a program. 

(3) In any case in which the Secretary determines that a veteran 

has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility preVerDate Mar 15 2010 21:43 Jun 04, 2013 Jkt 029006 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR094.XXX HR094

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scribed in subsection (a) of this section because such veteran had 

not established the existence of a service-connected disability rated 

at 10 percent or more, the øtwelve-year period¿ 17-year period of 

eligibility shall not run during the period such veteran was so prevented from participating in such a program. 

* * * * * * * 

CHAPTER 34—VETERANS’ EDUCATIONAL ASSISTANCE 

* * * * * * * 

SUBCHAPTER IV—PAYMENTS TO ELIGIBLE VETERANS; 

VETERAN-STUDENT SERVICES 

* * * * * * * 

§ 3485. Work-study allowance 

(a)(1) * * * 

* * * * * * * 

(4) For the purposes of this section, the term ‘‘qualifying workstudy activity’’ means any of the following: 

(A) The outreach services program under chapter 63 of this 

title as carried out under the supervision of a Department employee or, during the period preceding øJune 30, 2013¿ June 

30, 2018, outreach services to servicemembers and veterans 

furnished by employees of a State approving agency. 

* * * * * * * 

(C) The provision of hospital and domiciliary care and medical treatment under chapter 17 of this title, including, during 

the period preceding øJune 30, 2013¿ June 30, 2018, the provision of such care to veterans in a State home for which payment is made under section 1741 of this title. 

* * * * * * * 

(F) During the period preceding øJune 30, 2013¿ June 30, 

2018, an activity relating to the administration of a national 

cemetery or a State veterans’ cemetery. 

* * * * * * * 

CHAPTER 36—ADMINISTRATION OF EDUCATIONAL 

BENEFITS 

SUBCHAPTER I—STATE APPROVING AGENCIES 

* * * * * * * 

§ 3679. Disapproval of courses 

(a) * * * 

* * * * * * * 

(c) Notwithstanding any other provision of this subtitle, the Secretary or the Secretary’s designee shall disapprove a course of education provided by a public educational institution unless the institution charges tuition and fees for a veteran at up to the same rate 

as the institution charges for residents of the State in which the institution is located, regardless of the veteran’s State of residence. 


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The Secretary shall notify the State approving agency of the Secretary’s disapproval of a course of education under this subsection. 

* * * * * * * 

CHAPTER 41—JOB COUNSELING, TRAINING, AND 

PLACEMENT SERVICE FOR VETERANS 

* * * * * * * 

§ 4103. Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel 

(a) * * * 

(b) RESPONSIBILITIES.—Each Director assigned to a State under 

subsection (a) shall carry out the following responsibilities: 

(1) Monitoring the performance of veterans’ training and employment programs in the State, with special emphasis on services to disabled veterans. 

(2) Monitoring the performance of the State workforce agency 

in complying with section 4212 of this title. 

(3) Suggesting to the Assistant Secretary of Labor for Veterans’ Employment and Training corrective actions that could 

be taken by the State workforce agency to address deficiencies 

in the performance of veterans’ training and employment programs in the State. 

(4) Annually negotiating with the State workforce agency to 

establish performance goals for veterans’ training and employment programs in the State. 

(5) Reviewing the State’s requests for funding for veterans’ 

training and employment programs and providing advice to the 

State workforce agency and the Assistant Secretary regarding 

such funding requests. 

(6) Forwarding complaints regarding possible violations of 

chapter 43 of this title to the appropriate Regional Administrator or to the to the Assistant Secretary, as required. 

(7) Carrying out grant officer technical representative responsibilities for grants issued under programs administered by the 

Department. 

(8) Providing advice to the State workforce agency on strategies to market veterans to employers. 

(9) Supervising and managing all support staff, including Assistant Directors, establishing workload priorities, managing 

all personnel actions, and evaluating all assigned personnel. 

(10) Submitting to the Assistant Secretary regular reports on 

the matters described in paragraphs (1), (2), (4), and (8), and 

any other matters the Assistant Secretary determine appropriate. 

(11) Performing such other related duties as directed by the 

Assistant Secretary. 

ø(b)¿ (c) ADDITIONAL FEDERAL PERSONNEL.—The Secretary may 

also assign as supervisory personnel such representatives of the 

Veterans’ Employment and Training Service as the Secretary determines appropriate to carry out the employment, training, and 


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placement services required under this chapter, including Assistant 

Directors for Veterans’ Employment and Training. 

* * * * * * * 

TITLE 10, UNITED STATES CODE 

* * * * * * * 

SUBTITLE A—GENERAL MILITARY LAW 

* * * * * * * 

PART II—PERSONNEL 

* * * * * * * 

CHAPTER 58—BENEFITS AND SERVICES FOR MEMBERS 

BEING SEPARATED OR RECENTLY SEPARATED 

* * * * * * * 

§ 1144. Employment assistance, job training assistance, and 

other transitional services: Department of Labor 

(a) * * * 

(b) ELEMENTS OF PROGRAM.—In establishing and carrying out a 

program under this section, the Secretary of Labor shall do the following: 

(1) * * * 

* * * * * * * 

(9) Provide information about disability-related employment 

and education protections. 

(c) ADDITIONAL ELEMENTS OF PROGRAM.—The mandatory program carried out by this section shall include— 

(1) for any such member who plans to use the member’s entitlement to educational assistance under title 38— 

(A) instruction providing an overview of the use of such 

entitlement; and 

(B) testing to determine academic readiness for post-secondary education, courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and 

instruction on how to finance the member’s post-secondary 

education; and 

(2) instruction in the benefits under laws administered by the 

Secretary of Veterans Affairs and in other subjects determined 

by the Secretary concerned. 

ø(c)¿ (d) PARTICIPATION.—The Secretary of Defense and the Secretary of Homeland Security shall encourage and otherwise promote maximum participation by members of the armed forces eligible for assistance under the program carried out under this section. 

ø(d)¿ (e) USE OF PERSONNEL AND ORGANIZATIONS.—In carrying 

out the program established under this section, the Secretaries 

may— 


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(1) * * * 

* * * * * * * 

ø(e)¿ (f) PARTICIPATION IN APPRENTICESHIP PROGRAMS.—As part 

of the program carried out under this section, the Secretary of Defense and the Secretary of Homeland Security may permit a member of the armed forces eligible for assistance under the program 

to participate in an apprenticeship program registered under the 

Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), or 

a pre-apprenticeship program that provides credit toward a program registered under such Act, that provides members of the 

armed forces with the education, training, and services necessary 

to transition to meaningful employment that leads to economic selfsufficiency. 

* * * * * * * 

VOW TO HIRE HEROES ACT OF 2011 

* * * * * * * 

TITLE II—VOW TO HIRE HEROES 

* * * * * * * 

Subtitle A—Retraining Veterans 

SEC. 211. VETERANS RETRAINING ASSISTANCE PROGRAM. 

(a) PROGRAM AUTHORIZED.— 

(1) * * * 

(2) NUMBER OF ELIGIBLE VETERANS.—The number of unique 

eligible veterans who participate in the program established 

under paragraph (1) may not exceed— 

(A) * * * 

(B) 54,000 during the period beginning October 1, 2012, 

and ending øMarch 31, 2014¿ June 30, 2014. 

* * * * * * * 

(k) TERMINATION OF AUTHORITY.—The authority to make payments under this section shall terminate on øMarch 31, 2014¿ 

June 30, 2014. 

* * * * * * * 

Æ 


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