[House Report 115-398]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 115-398
======================================================================
VETERANS APPRENTICESHIP AND LABOR OPPORTUNITY REFORM ACT
_______
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. 3949]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3949) to amend title 38, United States Code, to
provide for the designation of State approving agencies for
multi-State apprenticeship programs for purposes of the
educational assistance programs of the Department of Veterans
Affairs, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Subcommittee Consideration....................................... 4
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Budget Authority and Congressional Budget Office Estimate........ 5
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 7
Statement on Duplication of Federal Programs..................... 7
Disclosure of Directed Rulemaking................................ 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill as Reported............. 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Apprenticeship and Labor
Opportunity Reform Act'' or the ``VALOR Act''.
SEC. 2. DESIGNATION OF STATE APPROVING AGENCIES FOR MULTI-STATE
APPRENTICESHIP PROGRAMS.
Paragraph (1) of subsection (c) of section 3672 of title 38, United
States Code, is amended to read as follows:
``(1)(A) The State approving agency for a multi-State apprenticeship
program is--
``(i) for purposes of approval of the program, the State
approving agency for the State in which the headquarters of the
apprenticeship program is located; and
``(ii) for all other purposes, the State approving agency for
the State in which the apprenticeship program takes place.
``(B) In this paragraph, the term `multi-State apprenticeship
program' means a non-Federal apprenticeship program operating in more
than one State that meets the minimum national program standards, as
developed by the Department of Labor.''.
SEC. 3. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENT FOR ASSISTANCE
FOR APPRENTICESHIP AND OTHER ON-JOB TRAINING.
Section 3680(c) of title 38, United States Code, is amended by
striking ``shall have received--'' and all that follows through
``person's certificate,'' and inserting ``receives from the training
establishment a certification''.
Purpose and Summary
H.R. 3949, the ``Veterans Apprenticeship and Labor
Opportunity Reform Act'' or the ''VALOR Act,'' was introduced
by Representative Ro Khanna of California on October 4, 2017.
H.R. 3949, as amended, would ease the approval process for on-
the-job training and apprenticeship programs under the GI Bill
while still maintaining proper oversight of individual
apprenticeship programs in each state.
Background and Need for Legislation
Section 2. Designation of state approving agencies for multi-State
apprenticeship programs
The Post-9/11 GI Bill was enacted and went into effect on
August 1, 2009, after the passage of Public Law (P.L.) 110-252.
Under the Post-9/11 GI Bill, eligible veterans, servicemembers,
dependents, and survivors receive educational assistance, which
covers tuition and fees, provides a monthly housing allowance,
and provides an annual stipend for books-and-supplies.
Primarily, eligible recipients of Post-9/11 GI Bill
benefits attend institutions of higher learning (IHL). However,
individuals are also able to use their benefits for approved
apprenticeship and on-the-job training (OJT) programs. The
Committee believes that while apprenticeship and OJT programs
are underutilized programs of the Post-9/11 GI Bill, veterans
should be encouraged to consider these programs as they
actually lead veterans to a career, as they allow veterans to
learn a trade or skill while also receiving a paycheck.
Title 38, United States Code (U.S.C.), requires that an
apprenticeship program be approved in each state that it is
located by the State Approving Agency (SAA) in order to be
approved for GI Bill benefits. This applies to institutions of
higher learning as well as for apprenticeship and on-the-job
training programs. The SAAs certify each approval with VA so
both the program and the veteran can be properly paid benefits
under the GI Bill. The SAAs work with the VA to ensure that
quality programs are approved for GI Bill benefits as well as
to audit schools so that institutions are not inappropriately
taking advantage of the GI Bill program and veterans.
Currently, non-Federal apprenticeship programs, with a
location in multiple states, must go through the approval
process with the SAA in each state to be approved for GI Bill
benefits in that state. The Committee has learned that some
nationwide apprenticeship programs do not seek GI Bill approval
in multiple states due to the burdens in place to get approved
in each state. This redundant approval process can be lengthy
and may dissuade apprenticeship programs from seeking approval
under the GI Bill. At the October 11, 2017 Subcommittee on
Economic Opportunity legislative hearing on several bills,
including H.R. 3949, John Kamin, the Assistant Director for
Veteran Education and Employment at The American Legion
emphasized this concern and the need for a legislative fix:
[H.R. 3949] is an important first step to addressing
the problems with Post-9/11 GI Bill Apprenticeship
program, by streamlining approval for organizations
with multi-state apprenticeship programs. Under current
law, Registered Apprenticeship programs must be
approved by all of the State Approving Agencies they
are operating in order to be deemed eligible for GI
bill use. This extra step in the process clouds the use
of these funds for Registered Apprenticeship programs.
Companies operating in several states can be vulnerable
to these different interpretations, adding opportunity
costs, and financial uncertainty. Through designating
the state approving agency in which the headquarters of
the apprenticeship program is located the authority for
approving all state locations, this effort can be
streamlined.
The Committee agrees that the approval process for multi-
state apprenticeship programs should be streamlined. Section
two of H.R. 3949, as amended, therefore would allow the SAA in
the state where a multi-state apprenticeship program is
headquartered to determine approval for the whole program,
including the program's apprenticeships located in other
states. This change is intended to allow multi-state
apprenticeship programs to obtain approval faster without any
erosion of the safeguards that SAA's provide regarding the
quality of the programs. For all other non-approval purposes,
such as designating a certifying official for each state's
apprenticeship, the relevant SAA would continue to be the
authority in the state in which the apprenticeship is located,
regardless of where the program is headquartered.
Section 3. Elimination of certain certification requirement for
assistance for apprenticeship and other on-job training
Under current law, both an apprenticeship program sponsor
and its GI Bill beneficiaries have to separately certify the
beneficiary's attendance in the apprenticeship prior to
benefits being disbursed to the beneficiary. In the Committee's
review of this program, it has been brought to our attention
that this unnecessary two-layered signature from both the
veteran and the apprenticeship program has led to a delay in
both parties receiving funding from VA. Section 3 of H.R. 3949,
as amended, therefore, would eliminate the requirement that GI
Bill beneficiaries certify their attendance so that only the
apprenticeship program certifies a beneficiary's attendance.
The Committee believes that this change would reduce the
administrative burden on veterans while maintaining attendance
certification by the program, which is important to ensure GI
Bill benefits are only paid to individuals who are abiding by
the benefit requirements.
Hearings
On October 11, 2017, the Subcommittee on Economic
Opportunity held a legislative hearing on several bills pending
before the Subcommittee including H.R. 3949, as introduced. 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 organizations 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. 3949, as amended, to the full
Committee. During consideration of the bills, the following
amendments were considered and agreed to by voice vote:
An amendment in the nature of a substitute offered by
Mr. O'Rourke of Texas, which made technical and
conforming changes that were suggested by VA during the
October 11, 2017 Subcommittee on Economic Opportunity
legislative hearing; and
An amendment to the amendment in the nature of a
substitute offered by Mr. Banks of Indiana, which
removed the requirement in section 3680(c) of title 38,
U.S.C., that both the individual in an apprenticeship
program and the training establishment had to certify
to the Secretary that the individual completed lessons
at the institution before payments could be made by VA.
Committee Consideration
On November 2, 2017 the full Committee met in open markup
session, a quorum being present, and ordered H.R. 3949, as
amended, 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. 3949, as
amended, 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. 3949, as amended, are to improve
and streamline the approval process for multi-state
apprenticeship programs so that eligible beneficiaries receive
their GI Bill benefits in an efficient manner.
Earmarks and Tax and Tariff Benefits
H.R. 3949, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
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.
3949, as amended, 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. 3949, as amended, 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. 3949, the Veterans
Apprenticeship and Labor Opportunity Reform Act.
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
Director.
Enclosure.
H.R. 3949--Veterans Apprenticeship and Labor Opportunity Reform Act
The Department of Veterans Affairs (VA) provides
educational benefits for eligible veterans, military personnel,
and their spouses and children who are enrolled in approved
programs of education. Those programs must be approved by the
State Approving Agency (SAA) in the state where they are
offered.
Under current law, programs that are offered in more than
one state must be approved by the SAA in every state in which
they operate. H.R. 3949 would allow the SAA in the state in
which a multistate apprenticeship program is headquartered to
approve a program for nationwide use as long as it meets the
minimum standards for such programs established by the
Department of Labor.
VA subsidizes the SAAs' costs of approving programs from
mandatory appropriations; that funding is capped at $21 million
in 2018 and is adjusted annually for inflation. Because the
agencies indicate that VA funding does not cover all the costs
of approving education programs, CBO expects that any savings
from reducing the number of approvals for multistate
apprenticeship programs would be used to cover other
unreimbursed expenses. Thus, implementing H.R. 3949 would have
no net effect on direct spending.
Enacting H.R. 3949 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3949 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3949 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. 3939, as amended, 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.
3949, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 3949, as amended, 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. 3949, as amended, 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. 3949, as amended, 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. 3949, as amended, contains no direct rule making.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 cites the short title of H.R. 3949, as amended,
as the ``Veterans Apprenticeship and Labor Opportunity Reform
Act'' or the ``VALOR Act.''
Section 2. Designation of state approving agencies for multi-state
apprenticeship programs
Section 2 would amend paragraph (1) of section 3672(c) of
title 38, U.S.C., to read as follows: ``(1)(A) The State
approving agency for a multi-State apprenticeship program is--
``(i) for purposes of approval of the program, the State
approving agency for the State in which the headquarters of the
apprenticeship program is located; and ``(ii) for all other
purposes the State approving agency for the State in which the
apprenticeship program takes place.''
Section 2 would also define ``multi-State apprenticeship
program'' as a non-Federal apprenticeship program operating in
more than one state that meets the minimum national program
standards as developed by the Department of Labor.
Section 3. Elimination of certain certification requirement for
assistance for apprenticeship and other on-job training
Section 3 would amend section 3680(c) of title 38, U.S.C.,
by striking ``shall have received--'' and all that follows
through ``person's certificate,'' and inserting receives from
the training establishment a certification.''
Changes in Existing Law Made by the Bill, as Reported
Pursuant to 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 (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 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
* * * * * * *
SUBCHAPTER I--STATE APPROVING AGENCIES
* * * * * * *
Sec. 3672. Approval of courses
(a) An eligible person or veteran shall receive the benefits
of this chapter and chapters 34 and 35 of this title while
enrolled in a course of education offered by an educational
institution only if (1) such course is approved as provided in
this chapter and chapters 34 and 35 of this title by the State
approving agency for the State where such educational
institution is located, or by the Secretary, or (2) such course
is approved (A) for the enrollment of the particular individual
under the provisions of section 3536 of this title or (B) for
special restorative training under subchapter V of chapter 35
of this title. Approval of courses by State approving agencies
shall be in accordance with the provisions of this chapter and
chapters 34 and 35 of this title and such other regulations and
policies as the State approving agency may adopt. Each State
approving agency shall furnish the Secretary with a current
list of educational institutions specifying courses which it
has approved, and, in addition to such list, it shall furnish
such other information to the Secretary as it and the Secretary
may determine to be necessary to carry out the purposes of this
chapter and chapters 34 and 35 of this title. Each State
approving agency shall notify the Secretary of the disapproval
of any course previously approved and shall set forth the
reasons for such disapproval.
(b)(1) The Secretary shall be responsible for the approval of
courses of education offered by any agency of the Federal
Government authorized under other laws to supervise such
education. The Secretary may approve any course in any other
educational institution in accordance with the provisions of
this chapter and chapters 34 and 35 of this title.
(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A,
3684, and 3696 of this title, a program of education is deemed
to be approved for purposes of this chapter if a State
approving agency, or the Secretary when acting in the role of a
State approving agency, determines that the program is one of
the following programs:
(i) Except as provided in subparagraph (C), an
accredited standard college degree program offered at a
public or not-for-profit proprietary educational
institution that is accredited by an agency or
association recognized for that purpose by the
Secretary of Education.
(ii) A flight training course approved by the Federal
Aviation Administration that is offered by a certified
pilot school that possesses a valid Federal Aviation
Administration pilot school certificate.
(iii) An apprenticeship program registered with the
Office of Apprenticeship (OA) of the Employment
Training Administration of the Department of Labor or a
State apprenticeship agency recognized by the Office of
Apprenticeship pursuant to the Act of August 16, 1937
(popularly known as the ``National Apprenticeship
Act''; 29 U.S.C. 50 et seq.).
(iv) A program leading to a secondary school diploma
offered by a secondary school approved in the State in
which it is operating.
(B) A licensure test offered by a Federal, State, or local
government is deemed to be approved for purposes of this
chapter.
(C) A course that is described in both subparagraph (A)(i) of
this paragraph and in paragraph (14) or (15) of section 3676(c)
of this title shall not be deemed to be approved for purposes
of this chapter unless--
(i) a State approving agency, or the Secretary when
acting in the role of a State approving agency,
determines that the course meets the applicable
criteria in such paragraphs; or
(ii) the Secretary issues a waiver for such course
under section 3676(f)(1) of this title.
(c)[(1) In the case of programs of apprenticeship where--
[(A) the apprenticeship standards have been approved
by the Secretary of Labor pursuant to section 2 of the
Act of August 16, 1937 (popularly known as the
``National Apprenticeship Act'') (29 U.S.C. 50a), as a
national apprenticeship program for operation in more
than one State, and
[(B) the training establishment is a carrier directly
engaged in interstate commerce which provides such
training in more than one State,
the Secretary shall act as a ``State approving agency'' as such
term is used in section 3687(a)(1) of this title and shall be
responsible for the approval of all such programs.]
(1)(A) The State approving agency for a multi-State
apprenticeship program is--
(i) for purposes of approval of the program, the
State approving agency for the State in which the
headquarters of the apprenticeship program is located;
and
(ii) for all other purposes, the State approving
agency for the State in which the apprenticeship
program takes place.
(B) In this paragraph, the term ``multi-State apprenticeship
program'' means a non-Federal apprenticeship program operating
in more than one State that meets the minimum national program
standards, as developed by the Department of Labor.
(2) The period of a program of apprenticeship may be
determined based upon a specific period of time (commonly
referred to as a ``time-based program''), based upon the
demonstration of successful mastery of skills (commonly
referred to as a ``competency-based program''), or based upon a
combination thereof.
(3)(A) In the case of a competency-based program of
apprenticeship, State approving agencies shall determine the
period for which payment may be made for such a program under
chapters 30 and 35 of this title and chapter 1606 of title 10.
In determining the period of such a program, State approving
agencies shall take into consideration the approximate term of
the program recommended in registered apprenticeship program
standards recognized by the Secretary of Labor.
(B) The sponsor of a competency-based program of
apprenticeship shall provide notice to the State approving
agency involved of any such standards that may apply to the
program and the proposed approximate period of training under
the program.
(4) The sponsor of a competency-based program of
apprenticeship shall notify the Secretary upon the successful
completion of a program of apprenticeship by an individual
under chapter 30 or 35 of this title, or chapter 1606 of title
10, as the case may be.
(d)(1) Pursuant to regulations prescribed by the Secretary in
consultation with the Secretary of Labor, the Secretary and
State approving agencies shall actively promote the development
of apprenticeship and on the job training programs for the
purposes of sections 3677 and 3687 of this title and shall
utilize the services of disabled veterans' outreach program
specialists under section 4103A of this title to promote the
development of such programs. The Secretary of Labor shall
provide assistance and services to the Secretary, and to State
approving agencies, to increase the use of apprenticeships.
(2) In conjunction with outreach services provided by the
Secretary under chapter 77 of this title for education and
training benefits, each State approving agency shall conduct
outreach programs and provide outreach services to eligible
persons and veterans about education and training benefits
available under applicable Federal and State law.
(e) A program of education exclusively by correspondence, and
the correspondence portion of a combination correspondence-
residence course leading to a vocational objective, that is
offered by an educational institution (as defined in section
3452(c) of this title) may be approved only if (1) the
educational institution is accredited by an entity recognized
by the Secretary of Education, and (2) at least 50 percent of
those pursuing such a program or course require six months or
more to complete the program or course.
* * * * * * *
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
Sec. 3680. Payment of educational assistance or subsistence allowances
(a) Period for Which Payment May Be Made.--Payment of
educational assistance or subsistence allowances to eligible
veterans or eligible persons pursuing a program of education or
training, other than a program by correspondence, in an
educational institution under chapter 31, 34, or 35 of this
title shall be paid as provided in this section and, as
applicable, in section 3108, 3482, 3491, or 3532 of this title.
Such payments shall be paid only for the period of such
veterans' or persons' enrollment in, and pursuit of, such
program, but no amount shall be paid--
(1) to any eligible veteran or eligible person for
any period when such veteran or person is not pursuing
such veteran's or person's course in accordance with
the regularly established policies and regulations of
the educational institution, with the provisions of
such regulations as may be prescribed by the Secretary
pursuant to subsection (g) of this section, and with
the requirements of this chapter or of chapter 34 or 35
of this title, but payment may be made for an actual
period of pursuit of one or more unit subjects pursued
for a period of time shorter than the enrollment period
at the educational institution;
(2) to any eligible veteran or person for auditing a
course; or
(3) to any eligible veteran or person for a course
for which the grade assigned is not used in computing
the requirements for graduation including a course from
which the student withdraws unless--
(A) the eligible veteran or person withdraws
because he or she is ordered to active duty; or
(B) the Secretary finds there are mitigating
circumstances, except that, in the first
instance of withdrawal (without regard to
withdrawals described in subclause (A) of this
clause) by the eligible veteran or person from
a course or courses with respect to which the
veteran or person has been paid assistance
under this title, mitigating circumstances
shall be considered to exist with respect to
courses totaling not more than six semester
hours or the equivalent thereof.
Notwithstanding the foregoing, the Secretary may, subject to
such regulations as the Secretary shall prescribe, continue to
pay allowances to eligible veterans and eligible persons
enrolled in courses set forth in clause (1) of this subsection
during periods when schools are temporarily closed under an
established policy based on an Executive order of the President
or due to an emergency situation. However, the total number of
weeks for which allowances may continue to be so payable in any
12-month period may not exceed 4 weeks.
(b) Correspondence Training Certifications.--No educational
assistance allowance shall be paid to an eligible veteran or
spouse or surviving spouse enrolled in and pursuing a program
of education exclusively by correspondence until the Secretary
shall have received--
(1) from the eligible veteran or spouse or surviving
spouse a certificate as to the number of lessons
actually completed by the veteran or spouse or
surviving spouse and serviced by the educational
institution; and
(2) from the training establishment a certification
or an endorsement on the veteran's or spouse's or
surviving spouse's certificate, as to the number of
lessons completed by the veteran or spouse or surviving
spouse and serviced by the institution.
(c) Apprenticeship and Other On-Job Training.--No training
assistance allowance shall be paid to an eligible veteran or
eligible person enrolled in and pursuing a program of
apprenticeship or other on-job training until the Secretary
[shall have received--]
[(1) from such veteran or person a certification as
to such veteran's or person's actual attendance during
such period; and]
[(2) from the training establishment a certification,
or an endorsement on the veteran's or person's
certificate,] receives from the training establishment
a certification that such veteran or person was
enrolled in and pursuing a program of apprenticeship or
other on-job training during such period.
(d) Advance Payment of Initial Educational Assistance or
Subsistence Allowance.--(1) The educational assistance or
subsistence allowance advance payment provided for in this
subsection is based upon a finding by the Congress that
eligible veterans and eligible persons may need additional
funds at the beginning of a school term to meet the expenses of
books, travel, deposits, and payment for living quarters, the
initial installment of tuition, and the other special expenses
which are concentrated at the beginning of a school term.
(2) Subject to the provisions of this subsection, and under
regulations which the Secretary shall prescribe, an eligible
veteran or eligible person shall be paid an educational
assistance allowance or subsistence allowance, as appropriate,
advance payment. Such advance payment shall be made in an
amount equivalent to the allowance for the month or fraction
thereof in which pursuit of the program will commence, plus the
allowance for the succeeding month. In the case of a person on
active duty, who is pursuing a program of education, the
advance payment shall be in a lump sum based upon the amount
payable for the entire quarter, semester, or term, as
applicable. In no event shall an advance payment be made under
this subsection to a veteran or person intending to pursue a
program of education on less than a half-time basis. An advance
payment may not be made under this subsection to any veteran or
person unless the veteran or person requests such payment and
the Secretary finds that the educational institution at which
such veteran or person is accepted or enrolled has agreed to,
and can satisfactorily, carry out the provisions of paragraphs
(4)(B) and (C) and (5) of this subsection. The application for
advance payment, to be made on a form prescribed by the
Secretary, shall--
(A) in the case of an initial enrollment of a veteran
or person in an educational institution, contain
information showing that the veteran or person (i) is
eligible for educational benefits, (ii) has been
accepted by the institution, and (iii) has notified the
institution of such veteran's or person's intention to
attend that institution; and
(B) in the case of a re-enrollment of a veteran or
person, contain information showing that the veteran or
person (i) is eligible to continue such veteran's or
person's program of education or training and (ii)
intends to re-enroll in the same institution,
and, in either case, shall also state the number of semester or
clock-hours to be pursued by such veteran or person.
(3) For purposes of the Secretary's determination whether any
veteran or person is eligible for an advance payment under this
section, the information submitted by the institution, the
veteran or person, shall establish such veteran's or person's
eligibility unless there is evidence in such veteran's or
person's file in the processing office establishing that the
veteran or person is not eligible for such advance payment.
(4) The advance payment authorized by paragraph (2) of this
subsection shall, in the case of an eligible veteran or
eligible person, be (A) drawn in favor of the veteran or
person; (B) mailed to the educational institution listed on the
application form for temporary care and delivery to the veteran
or person by such institution; and (C) delivered to the veteran
or person upon such veteran's or person's registration at such
institution, but in no event shall such delivery be made
earlier than thirty days before the program of education is to
commence.
(5) Upon delivery of the advance payment pursuant to
paragraph (4) of this subsection, the institution shall submit
to the Secretary a certification of such delivery. If such
delivery is not effected within thirty days after commencement
of the program of education in question, such institution shall
return such payment to the Secretary forthwith.
(e) Recovery of Erroneous Payments.--(1) Subject to paragraph
(2), if an eligible veteran or eligible person fails to enroll
in or pursue a course for which an educational assistance or
subsistence allowance advance payment is made, the amount of
such payment and any amount of subsequent payments which, in
whole or in part, are due to erroneous information required to
be furnished under subsection (d)(2) of this section, shall
become an overpayment and shall constitute a liability of such
veteran or person to the United States and may be recovered,
unless waived pursuant to section 5302 of this title, from any
benefit otherwise due such veteran or person under any law
administered by the Department of Veterans Affairs or may be
recovered in the same manner as any other debt due the United
States.
(2) Paragraph (1) shall not apply to the recovery of an
overpayment of an educational allowance or subsistence
allowance advance payment to an eligible veteran or eligible
person who fails to enroll in or pursue a course of education
for which the payment is made if such failure is due to the
death of the veteran or person.
(f) Payments for Less Than Half-Time Training.--Payment of
educational assistance allowance in the case of any eligible
veteran or eligible person pursuing a program of education on
less than a half-time basis shall be made in an amount computed
for the entire quarter, semester, or term not later than the
last day of the month immediately following the month in which
certification is received from the educational institution that
such veteran or person has enrolled in and is pursuing a
program at such institution. Such lump sum payment shall be
computed at the rate provided in section 3482(b) or 3532(a)(2)
of this title, as applicable.
(g) Determination of Enrollment, Pursuit, and Attendance.--
(1) The Secretary may, pursuant to regulations which the
Secretary shall prescribe, determine and define with respect to
an eligible veteran and eligible person the following:
(A) Enrollment in a course or program of education or
training.
(B) Pursuit of a course or program of education or
training.
(C) Attendance at a course or program of education or
training.
(2) The Secretary may withhold payment of benefits to an
eligible veteran or eligible person until the Secretary
receives such proof as the Secretary may require of enrollment
in and satisfactory pursuit of a program of education by the
eligible veteran or eligible person. The Secretary shall adjust
the payment withheld, when necessary, on the basis of the proof
the Secretary receives.
(3) In the case of an individual other than an individual
described in paragraph (4), the Secretary may accept the
individual's monthly certification of enrollment in and
satisfactory pursuit of a program of education as sufficient
proof of the certified matters.
(4) In the case of an individual who has received an
accelerated payment of basic educational assistance under
section 3014A of this title during an enrollment period for a
program of education, the Secretary may accept the individual's
certification of enrollment in and satisfactory pursuit of the
program of education as sufficient proof of the certified
matters if the certification is submitted after the enrollment
period has ended.
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