[House Report 115-396]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-396
======================================================================
SECURING ELECTRONIC RECORDS FOR VETERANS' EASE ACT OF 2017
_______
November 7, 2017.--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. 3634]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3634) to amend title 38, United States Code, to
ensure that individuals may access documentation verifying the
monthly housing stipend paid to the individual under the Post-
9/11 Educational Assistance Program of the Department of
Veterans Affairs, 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
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Budget Authority and Congressional Budget Office Estimate........ 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
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. 3634, the Securing Electronic Records for Veterans'
Ease Act of 2017, was introduced by Representative James A.
Himes of Connecticut on August 1, 2017. H.R. 3634 would require
the Department of Veterans Affairs (VA) to provide
documentation of living stipend payments that would be paid to
eligible veterans and dependents through the Post 9/11 GI Bill.
Background and Need for Legislation
Section 3313 of title 38, United States Code (U.S.C.),
authorizes the payment of a housing allowance at the E-5 with
dependents rate for eligible individuals based on the zip code
where the student is taking the majority of their classes. This
stipend is calculated based on the student's rate of pursuit
and is meant to help defray the living costs the student incurs
while attending school. Some veterans believe that VA does not
provide sufficient information about the amount of monthly
housing stipend GI Bill beneficiaries will receive to prove
income when trying to obtain housing. Many veterans rely on
their GI Bill housing stipend to pay for housing while they are
using their benefits and attending school, therefore, it is
necessary that they are able to show proof of sufficient income
to qualify for rental and other housing. This point was
emphasized at the October 11, 2017 Subcommittee on Economic
Opportunity legislative hearing on the bill where Mr. William
Hubbard, Vice President of Government Affairs for Student
Veterans of America, testified:
For student veterans entering higher education after
service, life can be quite different when compared to
the traditional 18-22-year-old students. More than 40%
of student veterans are between the ages of 25-34, and
living in the dorms is not the preferred housing
arrangement.\1\ For those who choose to live outside of
campus housing, demonstrating proof of income is a
standard requirement to meet for most rental options.
Unfortunately, many landlords do not recognize the
housing stipend (BAH) as a form of income to be applied
to rental worthiness.
---------------------------------------------------------------------------
\1\U.S. Census Bureau. (2015). American Community Survey 1-year
estimates.
---------------------------------------------------------------------------
This legislation proposes requiring the Department of
Veterans Affairs (VA) to furnish students a statement
of income for housing purposes based on their
anticipated BAH payments. This is a common-sense
solution that could easily solve a minor policy
oversight that disproportionately affects student
veterans with a tremendous burden.
The Committee agrees that additional documentation of
living stipend payments would assist student veterans and other
eligible dependents find housing. This section, therefore,
would require the Secretary to electronically provide
documentation that verifies the amount of the monthly housing
stipend an individual receives under the GI Bill. This would
allow beneficiaries to use this documentation as proof of
income when applying for housing.
Hearings
On October 11, 2017, the Subcommittee on Economic
Opportunity held a legislative hearing on several bills pending
before the Subcommittee including H.R. 3634. The following
witnesses testified:
The Honorable John H. Rutherford, U.S. House of
Representatives, 4th district of Florida; The Honorable
James A. Himes, U.S. House of Representatives, 4th
district of Connecticut; The Honorable Martha McSally,
U.S. House of Representatives, 2nd district of Arizona;
The Honorable Ro Khanna, U.S. House of Representatives,
17th district of California; MG Robert M. Worley II
USAF (Ret.), Director of the Education Service,
Veterans Benefit Administration of the U.S. Department
of Veterans Affairs who was accompanied by Mr. Jeffrey
London, Director of the Loan Guaranty Service, Veterans
Benefits Administration of the U.S. Department of
Veterans Affairs; Mr. John Kamin, Assistant Director of
Veteran Employment and Education, The American Legion;
and Mr. William Hubbard, Vice President of Government
Affairs, Student Veterans of America.
The following submitted statements for the record:
The Honorable Lee M. Zeldin, U.S. House of
Representatives, 1st district of New York; and
Helicopter Association International.
Subcommittee Consideration
On October 25, 2017, the Subcommittee on Economic
Opportunity met in open markup session, a quorum being present
and favorably forwarded H.R. 3634 to the full Committee.
Committee Consideration
On November 2, 2017, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 3634 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, no recorded votes were taken on
amendments or in connection with ordering H.R. 3634 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 of H.R. 3634 are to provide student
veterans documentation of their living allowance payments
through the Post-9/11 GI Bill.
Earmarks and Tax and Tariff Benefits
H.R. 3634 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
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(3)(B) of that Rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974. The Committee adopts as its own the cost estimate on H.R.
3634 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the following is the cost
estimate for H.R. 3634 is provided by the Congressional Budget
Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 6, 2017.
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. 3634, the Securing
Electronic Records for Veterans' Ease Act of 2017.
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. 3634--Securing Electronic Records for Veterans' Ease Act of 2017
Under the Post-9/11 GI Bill, the Department of Veterans
Affairs (VA) pays some of the educational expenses at
institutions of higher learning for eligible veterans and for
military personnel who served on active duty for at least 90
days after September 11, 2001. Those people also can transfer
their benefits to their spouses and children under certain
conditions. VA pays an amount equal to the actual tuition and
fees charged to in-state residents for students attending
public institutions or, for students at private institutions,
an amount up to a maximum ($22,805 for the 2017-2018 academic
year). The program also provides a monthly housing allowance to
some beneficiaries while they attend school.
H.R. 3634 would require VA to use an Internet website to
inform beneficiaries of the amount of the monthly housing
allowance to which they are entitled. The department currently
provides that information for beneficiaries who are veterans.
Because the department reports that it is in the process of
making the same information available to other beneficiaries,
CBO estimates that implementing H.R. 3634 would have no
budgetary effect.
Enacting H.R. 3634 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3634 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3634 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 approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
With respect to the requirements of Section 423 of the
Congressional Budget and Impoundment Control Act (as amended by
Section 101(a)(2) of the Unfunded Mandate Reform Act, P.L. 104-
4), the Committee adopts as its own the estimate of Federal
mandates regarding H.R. 3634 prepared by the Director of the
Congressional Budget Office.
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.
3634.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 3634 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. 3634 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. 3634 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, 115th Cong. (2017),
H.R. 3634 would not require the Secretary to publish new
regulations for carrying out this bill.
Section-by-Section Analysis of the Legislation
Sec. 1. Short title
This section that the short title of the bill is,
``Securing Electronic Records for Veterans' Ease Act of 2017.''
Sec. 2. Provision of monthly housing stipend information under Post-9/
11 Educational Assistance Program of the Department of Veterans
Affairs
This section would amend section 3313 of title 38, U.S.C.,
to create a new subsection (j). This new subsection would
require that the Secretary provide documentation that verifies
the amount of monthly housing stipend to eligible individuals
receiving educational assistance through section 3313 of title
38, U.S.C. The section would also require that the Secretary
provide this documentation to eligible individuals through the
Department's website.
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):
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 (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 33--POST-9/11 EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER II--EDUCATIONAL ASSISTANCE
* * * * * * *
Sec. 3313. Programs of education leading to a degree pursued at
institutions of higher learning on more than half-
time basis
(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a program
covered by subsections (e) and (f)) the amounts specified in
subsection (c) to meet the expenses of such individual's
subsistence, tuition, fees, and other educational costs for
pursuit of such program of education.
(b) Approved Programs of Education.--A program of education
is an approved program of education for purposes of this
chapter if the program of education is approved for purposes of
chapter 30 (including approval by the State approving agency
concerned).
(c) Amount of Educational Assistance.--The amounts payable
under this subsection for pursuit of an approved program of
education leading to a degree at an institution of higher
learning (as that term is defined in section 3452(f)) are
amounts as follows:
(1) In the case of an individual entitled to
educational assistance under this chapter by reason of
paragraph (1), (2), or (9) of section 3311(b), amounts
as follows:
(A) An amount equal to the following:
(i) In the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees.
(ii) In the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(B) A monthly stipend in an amount as
follows:
(i) Except as provided in clauses
(ii) and (iii), for each month an
individual pursues a program of
education on more than a half-time
basis, a monthly housing stipend equal
to the product of--
(I) the monthly amount of the
basic allowance for housing
payable under section 403 of
title 37 for a member with
dependents in pay grade E-5
residing in the military
housing area that encompasses
all or the majority portion of
the ZIP code area in which is
located the campus of the
institution of higher learning
where the individual physically
participates in a majority of
classes, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(ii) In the case of an individual
pursuing a program of education at a
foreign institution of higher learning
on more than a half-time basis, for
each month the individual pursues the
program of education, a monthly housing
stipend equal to the product of--
(I) the national average of
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5, multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education, divided
by the minimum number
of course hours
required for full-time
pursuit of the program
of education, rounded
to the nearest multiple
of 10.
(iii) In the case of an individual
pursuing a program of education solely
through distance learning on more than
a half-time basis, a monthly housing
stipend equal to 50 percent of the
amount payable under clause (ii) if the
individual were otherwise entitled to a
monthly housing stipend under that
clause for pursuit of the program of
education.
(iv) For the first month of each
quarter, semester, or term, as
applicable, of the program of education
pursued by the individual, a lump sum
amount for books, supplies, equipment,
and other educational costs with
respect to such quarter, semester, or
term in the amount equal to--
(I) $1,000, multiplied by
(II) the fraction which is
the portion of a complete
academic year under the program
of education that such quarter,
semester, or term constitutes.
(2) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(3), amounts equal to 90 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(3) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(4), amounts equal to 80 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(4) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(5), amounts equal to 70 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(5) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(6), amounts equal to 60 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(6) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(7), amounts equal to 50 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(7) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(8), amounts equal to 40 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
(d) Frequency of Payment.--
(1) Quarter, semester, or term payments.--Payment of
the amounts payable under subsection (c)(1)(A), and of
similar amounts payable under paragraphs (2) through
(7) of subsection (c), for pursuit of a program of
education shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(2) Monthly payments.--Payment of the amount payable
under subsection (c)(1)(B), and of similar amounts
payable under paragraphs (2) through (7) of subsection
(c), for pursuit of a program of education shall be
made on a monthly basis.
(3) Regulations.--The Secretary shall prescribe in
regulations methods for determining the number of
months (including fractions thereof) of entitlement of
an individual to educational assistance under this
chapter that are chargeable under this chapter for an
advance payment of amounts under paragraphs (1) and (2)
for pursuit of a program of education on a quarter,
semester, term, or other basis.
(e) Programs of Education Pursued on Active Duty.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education leading to a degree while on active duty.
(2) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
pursuing a program of education leading to a degree
while on active duty are as follows:
(A) Subject to subparagraph (C), an amount
equal to the lesser of--
(i) in the case of a program of
education pursued at a public
institution of higher learning, the
actual net cost for in-State tuition
and fees assessed by the institution
for the program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b)))that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
(ii) in the case of a program of
education pursued at a non-public or
foreign institution of higher learning,
the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution for the program
of education after the
application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the
academic year
beginning on
August 1, 2011,
$17,500; or
(bb) for an
academic year
beginning on
any subsequent
August 1, the
amount for the
previous
academic year
beginning on
August 1 under
this subclause,
as increased by
the percentage
increase equal
to the most
recent
percentage
increase
determined
under section
3015(h); or
(iii) the amount of the charges of the
educational institution as elected by the
individual in the manner specified in section
3014(b)(1).
(B) Subject to subparagraph (C), for the
first month of each quarter, semester, or term,
as applicable, of the program of education
pursued by the individual, a lump sum amount
for books, supplies, equipment, and other
educational costs with respect to such quarter,
semester, or term in the amount equal to--
(i) $1,000, multiplied by (ii) the
fraction of a complete academic year
under the program of education that
such quarter, semester, or term
constitutes.
(C) In the case of an individual entitled to
educational assistance by reason of paragraphs
(3) through (8) of section 3311(b), the amounts
payable to the individual pursuant to
subparagraphs (A)(i), (A)(ii), and (B) shall be
the amounts otherwise determined pursuant to
such subparagraphs multiplied by the same
percentage applicable to the monthly amounts
payable to the individual under paragraphs (2)
through (7) of subsection (c).
(3) Quarter, semester, or term payments.--Payment of
the amount payable under paragraph (2) for pursuit of a
program of education shall be made for the entire
quarter, semester, or term, as applicable, of the
program of education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at the rate of one month for each such month.
(f) Programs of Education Pursued on Half-Time Basis or
Less.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education on half-time basis or less whether a
program of education pursued on active duty, a program
of education leading to a degree, or a program of
education other than a program of education leading to
a degree.
(2) Amount of assistance.--The educational assistance
payable under this chapter to an individual pursuing a
program of education covered by this subsection on
half-time basis or less is the amounts as follows:
(A) The amount equal to the lesser of--
(i) the actual net cost for in-State
tuition and fees assessed by the
institution of higher learning for the
program of education after the
application of--
(I) any waiver of, or
reduction in, tuition and fees;
and
(II) any scholarship, or
other Federal, State,
institutional, or employer-
based aid or assistance (other
than loans and any funds
provided under section 401(b)
of the Higher Education Act of
1965 (20 U.S.C. 1070a(b))) that
is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
or
(ii) the maximum amount that would be
payable to the individual for the
program of education under paragraph
(1)(A) of subsection (c), or under the
provisions of paragraphs (2) through
(7) of subsection (c) applicable to the
individual, for the program of
education if the individual were
entitled to amounts for the program of
education under subsection (c) rather
than this subsection.
(B) A stipend in an amount equal to the
amount of the appropriately reduced amount of
the lump sum amount for books, supplies,
equipment, and other educational costs
otherwise payable to the individual under
subsection (c).
(3) Quarter, term, or semester payments.--Payment of
the amounts payable to an individual under paragraph
(2) for pursuit of a program of education on half-time
basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection
(d)(3)) for which amounts are paid an individual under
this subsection, the entitlement of the individual to
educational assistance under this chapter shall be
charged at a percentage of a month equal to--
(A) the number of course hours borne by the
individual in pursuit of the program of
education involved, divided by
(B) the number of course hours for full-time
pursuit of such program of education.
(g) Programs of Education Other Than Programs of Education
Leading to a Degree.--
(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education other than a program of education leading
to a degree at an institution other than an institution
of higher learning (as that term is defined in section
3452(f)).
(2) Pursuit on half-time basis or less.--The payment
of educational assistance under this chapter for
pursuit of a program of education otherwise described
in paragraph (1) on a half-time basis or less is
governed by subsection (f).
(3) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual
entitled to educational assistance under this chapter
who is pursuing an approved program of education
covered by this subsection are as follows:
(A) In the case of an individual enrolled in
a program of education (other than a program
described in subparagraphs (B) through (D)) in
pursuit of a certificate or other non-college
degree, the following:
(i) Subject to clause (iv), an amount
equal to the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965 (20 U.S.C.
1070a(b))) that is
provided directly to
the institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$17,500; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h).
(ii) Except in the case of an
individual pursuing a program of
education on a half-time or less basis
and subject to clause (iv), a monthly
housing stipend equal to the product--
(I) of--
(aa) in the case of
an individual pursuing
resident training, the
monthly amount of the
basic allowance for
housing payable under
section 403 of title 37
for a member with
dependents in pay grade
E-5 residing in the
military housing area
that encompasses all or
the majority portion of
the ZIP code area in
which is located the
institution at which
the individual is
enrolled; or
(bb) in the case of
an individual pursuing
a program of education
through distance
learning, a monthly
amount equal to 50
percent of the amount
payable under item
(aa), multiplied by
(II) the lesser of--
(aa) 1.0; or
(bb) the number of
course hours borne by
the individual in
pursuit of the program
of education involved,
divided by the minimum
number of course hours
required for full-time
pursuit of such program
of education, rounded
to the nearest multiple
of 10.
(iii) Subject to clause (iv), a
monthly stipend in an amount equal to
$83 for each month (or pro rata amount
for a partial month) of training
pursued for books, supplies, equipment,
and other educational costs.
(iv) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (8) of
section 3311(b), the amounts payable
pursuant to clauses (i), (ii), and
(iii) shall be the amounts otherwise
determined pursuant to such clauses
multiplied by the same percentage
applicable to the monthly amounts
payable to the individual under
paragraphs (2) through (7) of
subsection (c).
(B) In the case of an individual pursuing a
full-time program of apprenticeship or other
on-job training, amounts as follows:
(i) Subject to clauses (iii) and
(iv), for each month the individual
pursues the program of education, a
monthly housing stipend equal to--
(I) during the first six-
month period of the program,
the monthly amount of the basic
allowance for housing payable
under section 403 of title 37
for a member with dependents in
pay grade E-5 residing in the
military housing area that
encompasses all or the majority
portion of the ZIP code area in
which is located the employer
at which the individual pursues
such program;
(II) during the second six-
month period of the program, 80
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(III) during the third six-
month period of the program, 60
percent of the monthly amount
of the basic allowance for
housing payable as described in
subclause (I);
(IV) during the fourth six-
month period of such program,
40 percent of the monthly
amount of the basic allowance
for housing payable as
described in subclause (I); and
(V) during any month after
the first 24 months of such
program, 20 percent of the
monthly amount of the basic
allowance for housing payable
as described in subclause (I).
(ii) Subject to clauses (iii) and
(iv), a monthly stipend in an amount
equal to $83 for each month (or pro
rata amount for each partial month) of
training pursued for books supplies,
equipment, and other educational costs.
(iii) In the case of an individual
entitled to educational assistance by
reason of paragraphs (3) through (8) of
sections 3311(b), the amounts payable
pursuant to clauses (i) and (ii) shall
be the amounts otherwise determined
pursuant to such clauses multiplied by
the same percentage applicable to the
monthly amounts payable to the
individual under paragraphs (2) through
(7) of subsection (c).
(iv) In any month in which an
individual pursuing a program of
education consisting of a program of
apprenticeship or other on-job training
fails to complete 120 hours of
training, the amount of monthly
educational assistance allowance
payable under clauses (i) and (iii) to
the individual shall be limited to the
same proportion of the applicable rate
determined under this subparagraph as
the number of hours worked during such
month, rounded to the nearest eight
hours, bears to 120 hours.
(C) In the case of an individual enrolled in
a program of education consisting of flight
training (regardless of the institution
providing such program of education), an amount
equal to--
(i) the lesser of--
(I) the actual net cost for
in-State tuition and fees
assessed by the institution
concerned for the program of
education after the application
of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees; or
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011,
$10,000; or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (9) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (8) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) of subsection (c).
(D) In the case of an individual enrolled in
a program of education that is pursued
exclusively by correspondence (regardless of
the institution providing such program of
education), an amount equal to--
(i) the lesser of--
(I) the actual net cost for
tuition and fees assessed by
the institution concerned for
the program of education after
the application of--
(aa) any waiver of,
or reduction in,
tuition and fees; and
(bb) any scholarship,
or other Federal,
State, institutional,
or employer-based aid
or assistance (other
than loans and any
funds provided under
section 401(b) of the
Higher Education Act of
1965) that is provided
directly to the
institution and
specifically designated
for the sole purpose of
defraying tuition and
fees.
(II) the amount equal to--
(aa) for the academic
year beginning on
August 1, 2011, $8,500;
or
(bb) for an academic
year beginning on any
subsequent August 1,
the amount for the
previous academic year
beginning on August 1
under this subclause,
as increased by the
percentage increase
equal to the most
recent percentage
increase determined
under section 3015(h),
multiplied by--
(ii) either--
(I) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (1), (2),
or (9) of section 3311(b), 100
percent; or
(II) in the case of an
individual entitled to
educational assistance by
reason of paragraphs (3)
through (8) of section 3311(b),
the same percentage as would
otherwise apply to the monthly
amounts payable to the
individual under paragraphs (2)
through (7) of subsection (c).
(4) Frequency of payment.--
(A) Quarter, semester, or term payments.--
Payment of the amounts payable under paragraph
(3)(A)(i) for pursuit of a program of education
shall be made for the entire quarter, semester,
or term, as applicable, of the program of
education.
(B) Monthly payments.--Payment of the amounts
payable under paragraphs (3)(A)(ii) and
(3)(B)(i) for pursuit of a program of education
shall be made on a monthly basis.
(C) Lump sum payments.--
(i) Payment for the amount payable
under paragraphs (3)(A)(iii) and
(3)(B)(ii) shall be paid to the
individual for the first month of each
quarter, semester, or term, as
applicable, of the program education
pursued by the individual.
(ii) Payment of the amount payable
under paragraph (3)(C) for pursuit of a
program of education shall be made upon
receipt of certification for training
completed by the individual and
serviced by the training facility.
(D) Quarterly payments.--Payment of the
amounts payable under paragraph (3)(D) for
pursuit of a program of education shall be made
quarterly on a pro rata basis for the lessons
completed by the individual and serviced by the
institution.
(5) Charge against entitlement for certificate and
other non-college degree programs.--
(A) In general.--In the case of amounts paid
under paragraph (3)(A)(i) for pursuit of a
program of education, the charge against
entitlement to educational assistance under
this chapter of the individual for whom such
payment is made shall be one month for each
of--
(i) the amount so paid, divided by
(ii) subject to subparagraph (B), the
amount equal to one-twelfth of the
amount applicable in the academic year
in which the payment is made under
paragraph (3)(A)(i)(II).
(B) Pro rata adjustment based on certain
eligibility.--If the amount otherwise payable
with respect to an individual under paragraph
(3)(A)(i) is subject to a percentage adjustment
under paragraph (3)(A)(iv), the amount
applicable with respect to the individual under
subparagraph (A)(ii) shall be the amount
otherwise determined pursuant to such
subparagraph subject to a percentage adjustment
equal to the percentage adjustment applicable
with respect to the individual under paragraph
(3)(A)(iv).
(h) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c)), (e)(2), and (f)(2)(A), and under subparagraphs
(A)(i), (C), and (D) of subsection (g)(3), shall be paid
directly to the educational institution concerned.
(i) Determination of Housing Stipend Payments for Academic
Years.--Any monthly housing stipend payable under this section
during the academic year beginning on August 1 of a calendar
year shall be determined utilizing rates for basic allowances
for housing payable under section 403 of title 37 in effect as
of January 1 of such calendar year.
(j) Determination of Monthly Housing Stipends During Active
Duty Service.--For any month during which an individual who is
entitled to a monthly housing stipend under this section is
performing active duty service, the Secretary shall determine
the amount of such stipend payable to such individual for such
month on a pro rata basis for the period of such month during
which the individual is not performing active duty service.
(j) Provision of Housing Stipend Payment Information.--The
Secretary shall furnish to individuals receiving educational
assistance under this chapter documentation that verifies the
amount of the monthly housing stipend the individual receives
under this section. The Secretary shall make such documentation
available to the individual using an internet website in the
same manner the Secretary provides documentation verifying
compensation and other benefits furnished by the Secretary to
individuals.
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