[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 475 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 475
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs relating to
educational assistance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 22, 2015
Mr. Wenstrup introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make certain improvements in
the laws administered by the Secretary of Veterans Affairs relating to
educational assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GI Bill Processing Improvement Act
of 2015''.
SEC. 2. IMPROVEMENT OF INFORMATION TECHNOLOGY OF THE VETERANS BENEFITS
ADMINISTRATION OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Processing of Certain Educational Assistance Claims.--The
Secretary of Veterans Affairs shall, to the maximum extent possible,
make such changes and improvements to the information technology system
of the Veterans Benefits Administration of the Department of Veterans
Affairs to ensure that--
(1) to the maximum extent possible, all original and
supplemental claims for educational assistance under chapter 33
of title 38, United States Code, are adjudicated
electronically; and
(2) rules-based processing is used to make decisions with
respect to such claims with little human intervention.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the changes made pursuant to the requirements
of subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $30,000,000 to carry
out this section during fiscal years 2015 and 2016.
SEC. 3. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC
INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ALL-
VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST-
9/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE
TUITION RATE FOR VETERANS.
(a) Extension of Effective Date.--Section 702(b) of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-146) is
amended by striking ``July 1, 2015'' and inserting ``July 1, 2016''.
(b) Technical Amendment.--Section 3679(c)(2)(B) of title 38, United
States Code, is amended by striking ``or 3319'' and all that follows
and inserting ``of this title or to whom educational assistance is
transferred under section 3319 of this title''.
SEC. 4. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9/
11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33 is amended by adding
at the end the following new section:
``Sec. 3326. Election to receive educational assistance
``(a) Individuals Eligible To Elect Participation in Post-9/11
Educational Assistance.--An individual may elect to receive educational
assistance under this chapter if such individual--
``(1) as of August 1, 2009--
``(A) is entitled to basic educational assistance
under chapter 30 of the title and has used, but retains
unused, entitlement under that chapter;
``(B) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 and has used,
but retains unused, entitlement under the applicable
chapter;
``(C) is entitled to basic educational assistance
under chapter 30 of this title but has not used any
entitlement under that chapter;
``(D) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 but has not used
any entitlement under such chapter;
``(E) is a member of the Armed Forces who is
eligible for receipt of basic educational assistance
under chapter 30 this title and is making contributions
toward such assistance under section 3011(b) or 3012(c)
of this title; or
``(F) is a member of the Armed Forces who is not
entitled to basic educational assistance under chapter
30 of this title by reason of an election under section
3011(c)(1) or 3012(d)(1) of this title; and
``(2) as of the date of the individual's election under
this paragraph, meets the requirements for entitlement to
educational assistance under this chapter.
``(b) Cessation of Contributions Toward GI Bill.--Effective as of
the first month beginning on or after the date of an election under
subsection (a) of an individual described by paragraph (1)(E) of that
subsection, the obligation of the individual to make contributions
under section 3011(b) or 3012(c) of this title, as applicable, shall
cease, and the requirements of such section shall be deemed to be no
longer applicable to the individual.
``(c) Revocation of Remaining Transferred Entitlement.--
``(1) Election to revoke.--If, on the date an individual
described in paragraph (1)(A) or (1)(C) of subsection (a) makes
an election under that subsection, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of this title is in effect and a number of
months of the entitlement so transferred remain unutilized, the
individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
``(2) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall be
available to the individual instead for educational assistance
under chapter 33 of this title in accordance with the
provisions of this section.
``(3) Availability of unrevoked entitlement.--Any
entitlement described in paragraph (1) that is not revoked by
an individual in accordance with that paragraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement under
section 3020 of this title.
``(d) Post-9/11 Educational Assistance.--
``(1) In general.--Subject to paragraph (2) and except as
provided in subsection (e), an individual making an election
under subsection (a) shall be entitled to educational
assistance under this chapter in accordance with the provisions
of this chapter, instead of basic educational assistance under
chapter 30 this title, or educational assistance under chapter
107, 1606, or 1607 of title 10, as applicable.
``(2) Limitation on entitlement for certain individuals.--
In the case of an individual making an election under
subsection (a) who is described by paragraph (1)(A) of that
subsection, the number of months of entitlement of the
individual to educational assistance under this chapter 33
shall be the number of months equal to--
``(A) the number of months of unused entitlement of
the individual under chapter 30 of this title, as of
the date of the election, plus
``(B) the number of months, if any, of entitlement
revoked by the individual under subsection (c)(1).
``(e) Continuing Entitlement to Educational Assistance Not
Available Under 9/11 Assistance Program.--
``(1) In general.--In the event educational assistance to
which an individual making an election under subsection (a)
would be entitled under chapter 30 of this title, or chapter
107, 1606, or 1607 of title 10, as applicable, is not
authorized to be available to the individual under the
provisions of this chapter the individual shall remain entitled
to such educational assistance in accordance with the
provisions of the applicable chapter.
``(2) Charge for use of entitlement.--The utilization by an
individual of entitlement under paragraph (1) shall be
chargeable against the entitlement of the individual to
educational assistance under this chapter at the rate of one
month of entitlement under this chapter for each month of
entitlement utilized by the individual under paragraph (1) (as
determined as if such entitlement were utilized under the
provisions of chapter 30 of this title, or chapter 107, 1606,
or 1607 of title 10, as applicable).
``(f) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward GI Bill.--
``(1) Additional assistance.--In the case of an individual
making an election under subsection (a) who is described by
subparagraph (A), (C), or (E) of paragraph (1) of that
subsection, the amount of educational assistance payable to the
individual under this chapter 33 as a monthly stipend payable
under paragraph (1)(B) of section 3313(c) of this title, or
under paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise payable as a monthly
stipend under the applicable paragraph increased by the amount
equal to--
``(A) the total amount of contributions toward
basic educational assistance made by the individual
under section 3011(b) or 3012(c) of this title, as of
the date of the election, multiplied by
``(B) the fraction--
``(i) the numerator of which is--
``(I) the number of months of
entitlement to basic educational
assistance under chapter 30 of this
title remaining to the individual at
the time of the election; plus
``(II) the number of months, if
any, of entitlement under such chapter
30 revoked by the individual under
subsection (c)(1); and
``(ii) the denominator of which is 36
months.
``(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by paragraph
(1) who is described by subsection (a)(1)(E), the number of
months of entitlement to basic educational assistance remaining
to the individual for purposes of paragraph (1)(B)(i)(II) shall
be 36 months.
``(3) Timing of payment.--The amount payable with respect
to an individual under paragraph (1) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of this title, or under subsections (b) through
(g) of that section (as applicable), before the exhaustion of
the individual's entitlement to educational assistance under
this chapter.
``(g) Continuing Entitlement to Additional Assistance for Critical
Skills or Speciality and Additional Service.--An individual making an
election under subsection (a)(1) who, at the time of the election, is
entitled to increased educational assistance under section 3015(d) of
this title, or section 16131(i) of title 10, or supplemental
educational assistance under subchapter III of chapter 30 of this
title, shall remain entitled to such increased educational assistance
or supplemental educational assistance in the utilization of
entitlement to educational assistance under this chapter, in an amount
equal to the quarter, semester, or term, as applicable, equivalent of
the monthly amount of such increased educational assistance or
supplemental educational assistance payable with respect to the
individual at the time of the election.
``(h) Alternative Election by Secretary.--
``(1) In general.--In the case of an individual who, on or
after January 1, 2016, submits to the Secretary an election
under this section that the Secretary determines is clearly
against the interests of the individual, the Secretary may make
an alternative election on behalf of the individual that the
Secretary determines is in the best interests of the
individual.
``(2) Notice.--If the Secretary makes an election on behalf
of an individual under this subsection, the Secretary shall
notify the individual by not later than seven days after making
such election and shall provide the individual with a 30-day
period, beginning on the date of the individual's receipt of
such notice, during which the individual may modify or revoke
the election made by the Secretary on the individual's behalf.
The Secretary shall include, as part of such notice, a clear
statement of why the alternative election made by the Secretary
is in the best interests of the individual as compared to the
election submitted by the individual. The Secretary shall
provide the notice required under this paragraph by electronic
means whenever possible.
``(i) Irrevocability of Elections.--An election under subsection
(a) or (c)(1) is irrevocable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3326. Election to receive educational assistance.''.
(c) Conforming Repeal.--Subsection (c) of section 5003 of the Post-
9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252;
38 U.S.C. 3301 note) is hereby repealed.
SEC. 5. CENTRALIZED REPORTING OF VETERAN ENROLLMENT BY CERTAIN GROUPS,
DISTRICTS, AND CONSORTIUMS OF EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3684(a) of title 38, United States Code,
is amended--
(1) in paragraph (1), by inserting ``32, 33,'' after
``31,''; and
(2) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term `educational
institution' may include a group, district, or consortium of separately
accredited educational institutions located in the same State that are
organized in a manner that facilitates the centralized reporting of the
enrollments in such group, district, or consortium of institutions.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to reports submitted on or after the date of the
enactment of this Act.
SEC. 6. PROVISION OF INFORMATION REGARDING VETERAN ENTITLEMENT TO
EDUCATIONAL ASSISTANCE.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3699. Provision of certain information to educational
institutions
``For each veteran or other individual pursuing a course of
education that has been approved under this chapter using educational
assistance to which the veteran or other individual is entitled under
chapter 30, 32, 33, or 35 of this title, the Secretary shall make
available to the educational institution offering the course
information about the amount of such educational assistance to which
the veteran or other individual is entitled. Such information shall be
provided to such educational institution through an Internet website
and shall be regularly updated to reflect any amounts used by the
veteran or other individual.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3698 the following new item:
``3699. Provision of certain information to educational
institutions.''.
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