H.R. 357 — Reported in House

IB Union Calendar No. 66 113th CONGRESS 1st Session H. R. 357 [Report No. 113–94] IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Miller of Florida (for himself and Mr. Michaud) introduced the following bill; which was referred to the Committee on Veterans’ Affairs June 3, 2013 Additional sponsors: Mr. Jones, Mr. Griffin of Arkansas, Mr. Nugent, Mr. Pastor of Arizona, Mr. O'Rourke, Mr. Ross, Mr. Hunter, Mrs. McCarthy of New York, Mr. Wilson of South Carolina, Mr. Collins of New York, Mr. Cicilline, Mr. Cole, Mr. Ruiz, Ms. Wilson of Florida, Mr. LoBiondo, Mr. Lamborn, Mr. Peterson, Ms. Frankel of Florida, Mr. Walz, Ms. Shea-Porter, Ms. Titus, Mr. Young of Alaska, Ms. Sewell of Alabama, Mr. Takano, Mr. Johnson of Ohio, Mr. Courtney, Mr. Honda, Mr. Stivers, Mrs. Negrete McLeod, Ms. Schwartz, Mr. Bishop of New York, Mr. Carson of Indiana, Mrs. Kirkpatrick, Ms. Kuster, Mr. Benishek, Mr. Holt, Mr. Latta, Mr. Bilirakis, Mr. Amodei, Mr. Runyan, Mr. Forbes, Mr. Barber, Mr. Roe of Tennessee, Mr. Peters of California, Ms. Brownley of California, Mrs. Walorski, Mr. Messer, Ms. Sinema, and Mr. Gerlach June 3, 2013 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on January 23, 2013 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. 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. 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. 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. 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. 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. 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. . 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. 8. Work-study allowance Section 3485(a)(4) is amended by striking June 30, 2013 each place it appears and inserting June 30, 2018. 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. . 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): (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. 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. 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 (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. 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 so as 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.. June 3, 2013 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed