[House Report 115-870]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-870
======================================================================
AMENDING TITLE 38, UNITED STATES CODE, TO PROVIDE FOR THE INCLUSION OF
CERTAIN ADDITIONAL PERIODS OF ACTIVE DUTY SERVICE FOR PURPOSES OF
SUSPENDING CHARGES TO VETERANS' ENTITLEMENT TO EDUCATIONAL ASSISTANCE
UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS DURING
PERIODS OF SUSPENDED PARTICIPATION IN VOCATIONAL REHABILITATION
PROGRAMS
_______
July 24, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 5538]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 5538) to amend title 38, United States Code, to
provide for the inclusion of certain additional periods of
active duty service for purposes of suspending charges to
veterans' entitlement to educational assistance under the laws
administered by the Secretary of Veterans Affairs during
periods of suspended participation in vocational rehabilitation
programs, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Statement on Duplication of Federal Programs..................... 5
Disclosure of Directed Rulemaking................................ 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 6
Purpose and Summary
H.R. 5538 would authorize that when a member of the Guard
and Reserve component is called to active duty under an order
authorized by 12304, 12304a, 12304b of title 10, United States
Code (U.S.C.) in the middle of a training program being paid
for by the Department of Veterans Affairs (VA) Vocational
Rehabilitation and Employment (VR&E) program, the servicemember
would not be charged for the duration of the training used due
to the interruption. Representative Scott Peters of California
introduced H.R. 5538 on April 17, 2018.
Background and Need for Legislation
Section 3103 of title 38, U.S.C. provides that VR&E
beneficiaries have 12 years to use these benefits beginning on
the date from when they were discharged from active duty to use
a maximum of 48 months of assistance. Section 3105 of title 38,
U.S.C. authorizes certain members of the National Guard or
Reserves ordered to active duty to pause their program and not
charge entitlement for training they began before they were
ordered to active duty and were unable to complete this
training due to these orders. This section authorizes that
orders under 12304 of title 10, U.S.C. (support of forces
following a terrorist attack) are eligible for this pause, but
orders under sections 12304a and 12304b of title 10, U.S.C. are
not eligible. This bill would address this issue, and would
permit those serving under orders authorized by 12304a and
12304b of title 10, U.S.C. to also not charge entitlement for
the training time they used towards the completion of a
training program they were unable to complete due to being
ordered to active duty. The Committee acknowledges that orders
authorized by 12304a and 12304b of title 10, U.S.C. are special
orders used to respond to domestic emergencies at the request
of the governor (12304a) or to augment combat forces on
preplanned deployments serving overseas (12304b). As such, the
Committee believes it is appropriate to acknowledge that
servicemembers serving under these orders are preforming some
of the same duties as those who are currently eligible to waive
this entitlement charge due to being ordered to active duty.
Hearings
On May 23, 2018, the Subcommittee on Economic Opportunity
held a legislative hearing on several bills pending before the
Subcommittee including H.R. 5538.
The following witnesses testified:
The Honorable Julia Brownley, U.S. House of
Representatives, 26th District, California; The
Honorable Scott Peters, U.S. House of Representatives,
52nd District, California; The Honorable Brad Wenstrup,
U.S. House of Representatives, 2nd District, Ohio; The
Honorable Cheri Bustos, U.S. House of Representatives,
17th District, Illinois; The Honorable Ryan Costello,
U.S. House of Representatives, 6th District,
Pennsylvania; Ms. Margarita Devlin, Principal Deputy
Under Secretary for Benefits, Veterans Benefits
Administration, U.S. Department of Veterans Affairs;
Mr. John Kamin, Assistant Director, Veterans Employment
and Education Division, The American Legion; Ms. Lauren
Augustine, Vice President of Government Affairs,
Student Veterans of America; and Ms. Rebecca Burgess,
Program Manager, Program on American Citizenship,
American Enterprise Institute.
Statements for the record were submitted by:
U.S. Department of Defense; U.S. Department of
Justice; Tragedy Assistance Program for Survivors; and
Paralyzed Veterans of America.
Subcommittee Consideration
There was no Subcommittee consideration of H.R. 5538.
Committee Consideration
On July 12, 2018, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 5538 to be
reported favorably to the House of Representatives by voice
vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 5538
reported to the House. A motion by Representative Tim Walz of
Minnesota to report H.R. 5538 favorably to the House of
Representatives was adopted by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are to provide servicemembers with more
opportunities to complete VR&E training.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 5538 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
5538 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 5538 provided by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 18, 2018.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5538, a bill to
amend title 38, United States Code, to provide for the
inclusion of certain additional periods of active-duty service
for purposes of suspending charges to veterans' entitlement to
educational assistance under the laws administered by the
Secretary of Veterans Affairs during periods of suspended
participation in vocational rehabilitation programs.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Newman.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R.--A bill to amend title 38, United States Code, to provide for the
inclusion of certain additional periods of active-duty service
for purposes of suspending charges to veterans' entitlement to
educational assistance under the laws administered by the
Secretary of Veterans Affairs during periods of suspended
participation in vocational rehabilitation programs
Veterans with service-connected disabilities that limit or
prevent them from being employed can receive vocational
rehabilitation services such as education, job training, and
physical therapy from the Department of Veterans Affairs (VA).
The costs of those services are paid from mandatory
appropriations. Generally, veterans can receive up to 48 months
of such benefits, but VA has broad authority to provide such
benefits after that limit has been reached.
Under that program, if veterans are unable to complete a
course of education because they are called to active duty
under any of six authorities that are listed in 38 U.S.C.
Sec. 3105, the uncompleted course does not count towards the
limit on their benefits. H.R. 5538 would add active-duty
service to participate in certain preplanned training
operations or in response to natural disasters to the list of
orders specified in section 3105.
CBO expects that few veterans who are receiving vocational
rehabilitation would be mobilized for those operations and that
VA would likely extend the availability of benefits under
current law if the veteran needed more time to complete a
program of education. However, under this provision, a very
small number of veterans could receive more benefits than they
would have gotten under current law. The costs for those
veterans who receive additional benefits under the bill would
be insignificant over the 2019-2028 period, CBO estimates.
Pay-as-you-go procedures apply because enacting H.R. 5538
would affect direct spending. However, CBO estimates that the
effects would be insignificant for each year. Enacting the bill
would not affect revenues.
CBO estimates that enacting H.R. 5538 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5538 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is David Newman.
The estimate was reviewed by Leo Lex, Deputy Assistant Director
for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 5538 prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
5538.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 5538 is authorized by Congress' power to
``provide for the common Defense and general Welfare of the
United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 5538 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 5538 establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government 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),
the Committee estimates that H.R. 5538 contains no directed
rulemaking that would require the Secretary to prescribe
regulations.
Section-by-Section Analysis of the Legislation
Section 1. Inclusion of certain additional periods of active duty
service for purposes of suspension of charges to entitlement
during periods of suspended participation in Department of
Veterans Affairs vocational rehabilitation programs
This section would amend Section 3105(e)(2) of title 38,
U.S.C., by striking ``or 12304'' and inserting ``12304, 12304a,
or 12304b''.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
* * * * * * *
Sec. 3105. Duration of rehabilitation programs
(a) In any case in which the Secretary is unable to determine
whether it currently is reasonably feasible for a veteran to
achieve a vocational goal, the period of extended evaluation
under section 3106(c) of this title may not exceed twelve
months, except that such period may be extended for additional
periods of up to six months each if the Secretary determines
before granting any such extension that it is reasonably likely
that, during the period of any such extension, a determination
can be made whether the achievement of a vocational goal is
reasonably feasible in the case of such veteran.
(b)(1) Except as provided in paragraph (2) and in subsection
(c), the period of a vocational rehabilitation program for a
veteran under this chapter following a determination of the
current reasonable feasibility of achieving a vocational goal
may not exceed forty-eight months, except that the counseling
and placement and postplacement services described in section
3104(a)(2) and (5) of this title may be provided for an
additional period not to exceed eighteen months in any case in
which the Secretary determines the provision of such counseling
and services to be necessary to accomplish the purposes of a
rehabilitation program in the individual case.
(2) The period of a vocational rehabilitation program pursued
by a veteran under section 3102(b) of this title following a
determination of the current reasonable feasibility of
achieving a vocational goal may not exceed 12 months.
(c) The Secretary may extend the period of a vocational
rehabilitation program for a veteran to the extent that the
Secretary determines that an extension of such period is
necessary to enable such veteran to achieve a vocational goal
if the Secretary also determines--
(1) that such veteran had previously been
rehabilitated to the point of employability but (A)
such veteran's need for further vocational
rehabilitation has arisen out of a worsening of such
veteran's service-connected disability that precludes
such veteran from performing the duties of the
occupation for which such veteran had been so
rehabilitated, or (B) the occupation for which such
veteran had been so rehabilitated is not suitable in
view of such veteran's current employment handicap and
capabilities; or
(2) under regulations which the Secretary shall
prescribe, that such veteran has a serious employment
handicap and that an extension of such period is
necessary to accomplish the purposes of a
rehabilitation program for such veteran.
(d)(1) Except as provided in paragraph (2), the period of a
program of independent living services and assistance for a
veteran under this chapter (following a determination by the
Secretary that such veteran's disability or disabilities are so
severe that the achievement of a vocational goal currently is
not reasonably feasible) may not exceed twenty-four months.
(2)(A) The period of a program of independent living services
and assistance for a veteran under this chapter may exceed
twenty-four months as follows:
(i) If the Secretary determines that a longer period
is necessary and likely to result in a substantial
increase in the veteran's level of independence in
daily living.
(ii) If the veteran served on active duty during the
Post-9/ 11 Global Operations period and has a severe
disability (as determined by the Secretary for purposes
of this clause) incurred or aggravated in such service.
(B) In this paragraph, the term ``Post-9/11 Global Operations
period'' means the period of the Persian Gulf War beginning on
September 11, 2001, and ending on the date thereafter
prescribed by Presidential proclamation or by law.
(e)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of a subsistence
allowance and other assistance described in paragraph (2) shall
not--
(A) be charged against any entitlement of any veteran
under this chapter; or
(B) be counted toward the aggregate period for which
section 3695 of this title limits an individual's
receipt of allowance or assistance.
(2) The payment of the subsistence allowance and other
assistance referred to in paragraph (1) is the payment of such
an allowance or assistance for the period described in
paragraph (3) to a veteran for participation in a vocational
rehabilitation program under this chapter if the Secretary
finds that the veteran had to suspend or discontinue
participation in such vocational rehabilitation program as a
result of being ordered to serve on active duty under section
688, 12301(a), 12301(d), 12301(g), 12302, [or 12304] 12304,
12304a, or 12304b of title 10.
(3) The period for which, by reason of this subsection, a
subsistence allowance and other assistance is not charged
against entitlement or counted toward the applicable aggregate
period under section 3695 of this title shall be the period of
participation in the vocational rehabilitation program for
which the veteran failed to receive credit or with respect to
which the veteran lost training time, as determined by the
Secretary.
* * * * * * *
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