79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–870 

AMENDING TITLE 38, UNITED STATES CODE, TO PROVIDE FOR THE INCLUSION OF CERTAIN ADDITIONAL PERIODS OF ACTIVE DUTY SERVICE FOR 

PURPOSES OF SUSPENDING CHARGES TO VETERANS’ ENTITLEMENT TO 

EDUCATIONAL ASSISTANCE UNDER THE LAWS ADMINISTERED BY THE 

SECRETARY OF VETERANS AFFAIRS DURING PERIODS OF SUSPENDED 

PARTICIPATION IN VOCATIONAL REHABILITATION PROGRAMS 

JULY 24, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

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

submitted the following 

R E P O R T 

[To accompany H.R. 5538] 

[Including cost estimate of the Congressional Budget Office] 

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

bill (H.R. 5538) to amend title 38, United States Code, to provide 

for the inclusion of certain additional periods of active duty service 

for purposes of suspending charges to veterans’ entitlement to educational assistance under the laws administered by the Secretary 

of Veterans Affairs during periods of suspended participation in vocational rehabilitation programs, having considered the same, report favorably thereon without amendment and recommend that 

the bill do pass. 

CONTENTS 

Page 

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

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

Hearings ................................................................................................................... 2 

Subcommittee Consideration .................................................................................. 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

Statement of General Performance Goals and Objectives .................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Earmarks and Tax and Tariff Benefits .................................................................. 4 

Committee Cost Estimate ....................................................................................... 4 

Congressional Budget Office Estimate ................................................................... 4 

Federal Mandates Statement ................................................................................. 5 

Advisory Committee Statement .............................................................................. 5 

Constitutional Authority Statement ...................................................................... 5 

Applicability to Legislative Branch ........................................................................ 5 

2 

Statement on Duplication of Federal Programs .................................................... 5 

Disclosure of Directed Rulemaking ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 6 

Changes in Existing Law Made by the Bill as Reported ...................................... 6 

PURPOSE AND SUMMARY

H.R. 5538 would authorize that when a member of the Guard 

and Reserve component is called to active duty under an order authorized by 12304, 12304a, 12304b of title 10, United States Code 

(U.S.C.) in the middle of a training program being paid for by the 

Department of Veterans Affairs (VA) Vocational Rehabilitation and 

Employment (VR&E) program, the servicemember would not be 

charged for the duration of the training used due to the interruption. Representative Scott Peters of California introduced H.R. 

5538 on April 17, 2018. 

BACKGROUND AND NEED FOR LEGISLATION

Section 3103 of title 38, U.S.C. provides that VR&E beneficiaries 

have 12 years to use these benefits beginning on the date from 

when they were discharged from active duty to use a maximum of 

48 months of assistance. Section 3105 of title 38, U.S.C. authorizes 

certain members of the National Guard or Reserves ordered to active duty to pause their program and not charge entitlement for 

training they began before they were ordered to active duty and 

were unable to complete this training due to these orders. This section authorizes that orders under 12304 of title 10, U.S.C. (support 

of forces following a terrorist attack) are eligible for this pause, but 

orders under sections 12304a and 12304b of title 10, U.S.C. are not 

eligible. This bill would address this issue, and would permit those 

serving under orders authorized by 12304a and 12304b of title 10, 

U.S.C. to also not charge entitlement for the training time they 

used towards the completion of a training program they were unable to complete due to being ordered to active duty. The Committee acknowledges that orders authorized by 12304a and 12304b 

of title 10, U.S.C. are special orders used to respond to domestic 

emergencies at the request of the governor (12304a) or to augment 

combat forces on preplanned deployments serving overseas 

(12304b). As such, the Committee believes it is appropriate to acknowledge that servicemembers serving under these orders are 

preforming some of the same duties as those who are currently eligible to waive this entitlement charge due to being ordered to active duty. 

HEARINGS

On May 23, 2018, the Subcommittee on Economic Opportunity 

held a legislative hearing on several bills pending before the Subcommittee including H.R. 5538. 

The following witnesses testified: 

The Honorable Julia Brownley, U.S. House of Representatives, 26th District, California; The Honorable Scott Peters, 

U.S. House of Representatives, 52nd District, California; The 

Honorable Brad Wenstrup, U.S. House of Representatives, 2nd 

District, Ohio; The Honorable Cheri Bustos, U.S. House of Representatives, 17th District, Illinois; The Honorable Ryan Costello, U.S. House of Representatives, 6th District, PennsylVerDate Sep 11 2014 02:55 Jul 30, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR870.XXX HR870
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vania; Ms. Margarita Devlin, Principal Deputy Under Secretary for Benefits, Veterans Benefits Administration, U.S. Department of Veterans Affairs; Mr. John Kamin, Assistant Director, Veterans Employment and Education Division, The 

American Legion; Ms. Lauren Augustine, Vice President of 

Government Affairs, Student Veterans of America; and Ms. Rebecca Burgess, Program Manager, Program on American Citizenship, American Enterprise Institute. 

Statements for the record were submitted by: 

U.S. Department of Defense; U.S. Department of Justice; 

Tragedy Assistance Program for Survivors; and Paralyzed Veterans of America. 

SUBCOMMITTEE CONSIDERATION

There was no Subcommittee consideration of H.R. 5538. 

COMMITTEE CONSIDERATION

On July 12, 2018, the full Committee met in open markup session, a quorum being present, and ordered H.R. 5538 to be reported 

favorably to the House of Representatives by voice vote. 

COMMITTEE VOTES

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

House of Representatives, there were no recorded votes taken on 

amendments or in connection with ordering H.R. 5538 reported to 

the House. A motion by Representative Tim Walz of Minnesota to 

report H.R. 5538 favorably to the House of Representatives was 

adopted 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 to provide servicemembers with more opportunities 

to complete VR&E training. 

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. 

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EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 5538 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. 5538 

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. 5538 

provided by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 18, 2018. 

Hon. PHIL ROE, M.D., 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5538, a bill to amend title 

38, United States Code, to provide for the inclusion of certain additional periods of active-duty service for purposes of suspending 

charges to veterans’ entitlement to educational assistance under 

the laws administered by the Secretary of Veterans Affairs during 

periods of suspended participation in vocational rehabilitation programs. 

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

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

Sincerely, 

MARK P. HADLEY

(For Keith Hall, Director). 

Enclosure. 

H.R.—A bill to amend title 38, United States Code, to provide for 

the inclusion of certain additional periods of active-duty service 

for purposes of suspending charges to veterans’ entitlement to 

educational assistance under the laws administered by the Secretary of Veterans Affairs during periods of suspended participation in vocational rehabilitation programs 

Veterans with service-connected disabilities that limit or prevent 

them from being employed can receive vocational rehabilitation 

services such as education, job training, and physical therapy from 

the Department of Veterans Affairs (VA). The costs of those services are paid from mandatory appropriations. Generally, veterans 

can receive up to 48 months of such benefits, but VA has broad authority to provide such benefits after that limit has been reached. 

Under that program, if veterans are unable to complete a course 

of education because they are called to active duty under any of six 

authorities that are listed in 38 U.S.C. § 3105, the uncompleted 

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course does not count towards the limit on their benefits. H.R. 5538 

would add active-duty service to participate in certain preplanned 

training operations or in response to natural disasters to the list 

of orders specified in section 3105. 

CBO expects that few veterans who are receiving vocational rehabilitation would be mobilized for those operations and that VA 

would likely extend the availability of benefits under current law 

if the veteran needed more time to complete a program of education. However, under this provision, a very small number of veterans could receive more benefits than they would have gotten 

under current law. The costs for those veterans who receive additional benefits under the bill would be insignificant over the 2019– 

2028 period, CBO estimates. 

Pay-as-you-go procedures apply because enacting H.R. 5538 

would affect direct spending. However, CBO estimates that the effects would be insignificant for each year. Enacting the bill would 

not affect revenues. 

CBO estimates that enacting H.R. 5538 would not increase net 

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

10-year periods beginning in 2029. 

H.R. 5538 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

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

estimate was reviewed by Leo Lex, Deputy Assistant Director for 

Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 5538 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. 5538. 

STATEMENT OF CONSTITUTIONAL AUTHORITY

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

H.R. 5538 is authorized by Congress’ power to ‘‘provide for the common Defense and general Welfare of the United States.’’ 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that H.R. 5538 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS

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

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

5538 establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government AcVerDate Sep 11 2014 02:55 Jul 30, 2018 Jkt 079006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR870.XXX HR870
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countability Office to Congress pursuant to section 21 of Public 

Law 111–139, or a program related to a program identified in the 

most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKING

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

Committee estimates that H.R. 5538 contains no directed rulemaking that would require the Secretary to prescribe regulations. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Inclusion of certain additional periods of active duty service for purposes of suspension of charges to entitlement during 

periods of suspended participation in Department of Veterans 

Affairs vocational rehabilitation programs 

This section would amend Section 3105(e)(2) of title 38, U.S.C., 

by striking ‘‘or 12304’’ and inserting ‘‘12304, 12304a, or 12304b’’. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

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

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

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

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

roman): 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

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

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

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

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

roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 31—TRAINING AND REHABILITATION FOR 

VETERANS WITH SERVICE-CONNECTED DISABILITIES 

* * * * * * * 

§ 3105. Duration of rehabilitation programs 

(a) In any case in which the Secretary is unable to determine 

whether it currently is reasonably feasible for a veteran to achieve 

a vocational goal, the period of extended evaluation under section 

3106(c) of this title may not exceed twelve months, except that such 

period may be extended for additional periods of up to six months 

each if the Secretary determines before granting any such extenVerDate Sep 11 2014 02:55 Jul 30, 2018 Jkt 079006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\HR870.XXX HR870
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sion that it is reasonably likely that, during the period of any such 

extension, a determination can be made whether the achievement 

of a vocational goal is reasonably feasible in the case of such veteran. 

(b)(1) Except as provided in paragraph (2) and in subsection (c), 

the period of a vocational rehabilitation program for a veteran 

under this chapter following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed fortyeight months, except that the counseling and placement and 

postplacement services described in section 3104(a)(2) and (5) of 

this title may be provided for an additional period not to exceed 

eighteen months in any case in which the Secretary determines the 

provision of such counseling and services to be necessary to accomplish the purposes of a rehabilitation program in the individual 

case. 

(2) The period of a vocational rehabilitation program pursued by 

a veteran under section 3102(b) of this title following a determination of the current reasonable feasibility of achieving a vocational 

goal may not exceed 12 months. 

(c) The Secretary may extend the period of a vocational rehabilitation program for a veteran to the extent that the Secretary determines that an extension of such period is necessary to enable such 

veteran to achieve a vocational goal if the Secretary also determines— 

(1) that such veteran had previously been rehabilitated to 

the point of employability but (A) such veteran’s need for further vocational rehabilitation has arisen out of a worsening of 

such veteran’s service-connected disability that precludes such 

veteran from performing the duties of the occupation for which 

such veteran had been so rehabilitated, or (B) the occupation 

for which such veteran had been so rehabilitated is not suitable in view of such veteran’s current employment handicap 

and capabilities; or 

(2) under regulations which the Secretary shall prescribe, 

that such veteran has a serious employment handicap and that 

an extension of such period is necessary to accomplish the purposes of a rehabilitation program for such veteran. 

(d)(1) Except as provided in paragraph (2), the period of a program of independent living services and assistance for a veteran 

under this chapter (following a determination by the Secretary that 

such veteran’s disability or disabilities are so severe that the 

achievement of a vocational goal currently is not reasonably feasible) may not exceed twenty-four months. 

(2)(A) The period of a program of independent living services and 

assistance for a veteran under this chapter may exceed twenty-four 

months as follows: 

(i) If the Secretary determines that a longer period is necessary and likely to result in a substantial increase in the veteran’s level of independence in daily living. 

(ii) If the veteran served on active duty during the Post-9/ 11 

Global Operations period and has a severe disability (as determined by the Secretary for purposes of this clause) incurred or 

aggravated in such service. 

(B) In this paragraph, the term ‘‘Post-9/11 Global Operations period’’ means the period of the Persian Gulf War beginning on SepVerDate Sep 11 2014 02:55 Jul 30, 2018 Jkt 079006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR870.XXX HR870
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tember 11, 2001, and ending on the date thereafter prescribed by 

Presidential proclamation or by law. 

(e)(1) Notwithstanding any other provision of this chapter or 

chapter 36 of this title, any payment of a subsistence allowance 

and other assistance described in paragraph (2) shall not— 

(A) be charged against any entitlement of any veteran under 

this chapter; or 

(B) be counted toward the aggregate period for which section 

3695 of this title limits an individual’s receipt of allowance or 

assistance. 

(2) The payment of the subsistence allowance and other assistance referred to in paragraph (1) is the payment of such an allowance or assistance for the period described in paragraph (3) to a 

veteran for participation in a vocational rehabilitation program 

under this chapter if the Secretary finds that the veteran had to 

suspend or discontinue participation in such vocational rehabilitation program as a result of being ordered to serve on active duty 

under section 688, 12301(a), 12301(d), 12301(g), 12302, øor 12304¿ 

12304, 12304a, or 12304b of title 10. 

(3) The period for which, by reason of this subsection, a subsistence allowance and other assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall be the period of participation in the vocational rehabilitation program for which the veteran failed to receive credit or with respect to which the veteran lost training time, 

as determined by the Secretary. 

* * * * * * * 

Æ