[House Report 114-813]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-813
======================================================================
PROTECTING VETERANS' EDUCATIONAL CHOICE ACT OF 2016
_______
November 14, 2016.--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. 5047]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 5047) to direct the Secretary of Veterans
Affairs and the Secretary of Labor to provide information to
veterans and members of the Armed Forces about articulation
agreements between institutions of higher learning, and for
other purposes, 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......................................................... 3
Subcommittee Consideration....................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Statement on Duplication of Federal Programs..................... 6
Disclosure of Directed Rulemaking................................ 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 7
PURPOSE AND SUMMARY
H.R. 5047, the ``Protecting Veterans' Educational Choice
Act of 2016,'' was introduced by Representative Jody Hice of
Georgia on April 25, 2016. H.R. 5047 would require that, when
the Department of Veterans Affairs (VA) provides educational
counseling or a certificate of eligibility to veterans and
servicemembers eligible for VA education benefits, it also
provide information on articulation agreements at institutions
of higher learning.
BACKGROUND AND NEED FOR LEGISLATION
Section 1. Short title
Section 1 cites the short title of H.R. 5047, to be the
``Protecting Veterans' Educational Choice Act of 2016.''
Section 2. Department of Veterans Affairs provision of information on
articulation agreements between institutions of higher learning
Since the inception of the Post-9/11 G.I. Bill in 2009,
over 1.5 million beneficiaries have received benefits through
this program, which subsidizes student veterans' and their
eligible dependents' attendance at a variety of institutions of
higher learning, whether it be public, private, for-profit
schools, etc. The Committee has found that many student
veterans do not use all of their benefits at just one school
and transfer to another school or program at some point in
their educational career. If they do transfer schools, their
previously earned credits can play a large role in determining
the length of time it may take for students to complete their
program at their new school, and in some cases, not all earned
credits may transfer over.
The Committee believes that veterans or servicemembers
planning to use their education benefits should have a full
understanding of their school's credit transfer policies with
other schools before attending such institution. To help
students understand the transfer of credits, most schools have
set up articulation agreements. These agreements outline a
school or training program's policy for accepting students'
credits earned from another institution, and they are used to
specify the acceptability of certain courses towards meeting
degree, certificate, or program requirements. Knowledge of the
school's articulation agreements would empower student veterans
to make the right choice about a school or program that
appropriately provides them credit for previous coursework or
training.
The Committee is also concerned that too few veterans are
taking advantage of the free educational and vocational
counseling provided by VA through Chapter 36 of title 38,
U.S.C. When testifying at a full Committee legislative hearing
on H.R. 5047, Mr. Raymond C. Kelley, Director of the National
Legislative Service of the Veterans of Foreign Wars of the
United States agreed and stated the following:
There are reports suggesting some veterans are not
receiving a satisfactory education when using their
G.I. Bill benefits and other tuition assistance
programs. This is because student veterans are
bombarded with overwhelming amounts of educational
information with little or no training on how to make
an informed decision. We believe this issue stems from
veterans being unaware of free pre-enrollment
counseling services offered by VA.
To address this issue and further inform veterans about the
importance of articulation agreements, Section 2 of H.R. 5047
would require VA, within 90 days of enactment, to provide
information regarding vocational and educational counseling
available under Chapter 36 of title 38, U.S.C., to student
veterans. The Secretary would be required to provide this
information in the veteran's certificate of eligibility for
G.I. Bill benefits. Additionally, Section 2 would require that
VA provide information about articulation agreements of any
school or training program at the request of the veteran if
they are interested in attending that school.
The Committee believes the requirements in Section 2 would
strengthen VA's existing regulations and practices, and would
provide student veterans with additional necessary information
to make an informed choice about which school or training
program is best for them.
HEARINGS
On June 23, 2016, the full Committee conducted a
legislative hearing on various draft bills and bills introduced
during the 114th Congress, including H.R. 5047. The following
witnesses testified:
The Honorable Doug Lamborn, U.S. House of
Representatives, 5th District of Colorado; The
Honorable Dina Titus, U.S. House of Representatives,
1st District of Nevada, The Honorable Raul Ruiz, U.S.
House of Representatives, 36th District of California;
The Honorable Beto O'Rourke, U.S. House of
Representatives, 16th District of Texas; The Honorable
Ron DeSantis, U.S. House of Representatives, 6th
District of Florida; The Honorable Ted Yoho, U.S. House
of Representatives, 3rd District of Florida; The
Honorable Jody Hice, U.S. House of Representatives,
10th District of Georgia; The Honorable Dan Newhouse,
U.S. House of Representatives, 4th District of
Washington; The Honorable David Young, U.S. House of
Representatives, 3rd District of Iowa; The Honorable
Sloan Gibson, Deputy Secretary, U.S. Department of
Veterans Affairs who was accompanied by Ms. Laura
Eskenazi, Executive in Charge and Vice Chairman, Board
of Veterans Appeals, U.S. Department of Veterans
Affairs, Mr. David McLenachen, Deputy Under Secretary
for Disability Assistance, Veterans Benefits
Administration, U.S. Department of Veterans Affairs,
and Dr. Maureen McCarthy, Assistant Deputy Under
Secretary for Health Patient Care Services, Veterans
Health Administration, U.S. Department of Veterans
Affairs; Mr. Raymond Kelley, Director of the National
Legislative Service, Veterans of Foreign Wars of the
United States; Mr. Paul Varela, Assistant National
Legislative Director, Disabled American Veterans; Mr.
Carl Blake, Associate Executive Director of Government
Relations, Paralyzed Veterans of America; Mr. Louis J.
Celli, Jr., Director of the National Veterans Affairs
and Rehabilitation Division, The American Legion; and
Mr. Rick Weidman, Executive Director for Policy and
Government Affairs, Vietnam Veterans of America.
A Statement for the Record was submitted by the following:
American Battle Monuments Commission; AMVETS; U.S.
Court of Appeals for Veterans Claims; Iraq and
Afghanistan Veterans of America; Military Officers
Association of America; Military Veterans Advocacy,
Inc.; National Organization of Veterans Advocates;
National Veterans Legal Services Program; P.A.W.S.
Foundation; Stetson University College of Law's
Veterans Law Institute; and the U.S. Department of
Labor.
SUBCOMMITTEE CONSIDERATION
There was no Subcommittee consideration of H.R. 5047.
COMMITTEE CONSIDERATION
On September 21, 2016, the full Committee met in open
markup session, a quorum being present, and ordered H.R. 5047,
favorably reported to the House of Representatives by voice
vote.
A motion by Representative Mark Takano of California to
report H.R. 5047 favorably to the House of Representatives was
agreed to by voice vote.
COMMITTEE VOTES
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 5047 reported to
the House.
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 ensure the Secretary of Veterans
Affairs provides information to GI Bill eligible students about
schools' articulation agreements.
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. 5047 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.
5047, 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. 5047, 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, October 12, 2016.
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. 5047, the
Protecting Veterans' Educational Choice Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Newman.
Sincerely,
Keith Hall.
Enclosure.
H.R. 5047--Protecting Veterans' Educational Choice Act of 2016
H.R. 5047 would require the Department of Veterans Affairs
(VA) to include information on articulation agreements when it
provides educational and vocational counseling to veterans.
Articulation agreements are arrangements between institutions
of higher learning regarding how those institutions will grant
academic credit for course work pursued at other such
institutions. CBO expects that if the bill were enacted, VA
would provide veterans with the required information as part of
its regular counseling services.
CBO estimates that the cost of collecting the necessary
information from educational institutions would be less than
$500,000 over the 2017-2021 period; such spending would by
subject to the availability of appropriated funds.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting HR. 5047 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 5047 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is David Newman,
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 5047, 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.
5047.
STATEMENT OF CONSTITUTIONAL AUTHORITY
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 5047 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. 5047, 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(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 5047, 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 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(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 5047 contains no directed
rule making that would require the Secretary to prescribe
regulations.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 cites the short title of H.R. 5047, to be the
``Protecting Veterans' Educational Choice Act of 2016.''
Section 2. Department of Veterans Affairs provision of information on
articulation agreements between institutions of higher learning
Section 2(a) would require that VA counselors who provide
educational or vocational counseling pursuant to section 3697A
of title 38, U.S.C., also provide information to eligible
beneficiaries about the articulation agreements of each
institution of higher learning that they are interested in
attending.
Section 2(b) would require that when VA provides a
certificate of eligibility to veterans for education assistance
under title 38, U.S.C., that they also provide detailed
information about their educational assistance benefits
including information on requesting education counseling and
articulation agreements.
Section 2(c) would provide definitions for terms used by
this section. The term ``institution of higher learning'' would
have the meaning given to such term in section 3452(f) of title
38, U.S.C. The term ``articulation agreement'' would have the
meaning given to such term in section 486A of the Higher
Education Act of 1965 (P.L. 89-329).
Section 2(d) would require the Secretary of Veterans
Affairs to implement this Section no later than 90 days after
enactment.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
If enacted, this bill would make no changes in existing
law.
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