[Congressional Record Volume 167, Number 85 (Monday, May 17, 2021)]
[House]
[Pages H2366-H2369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1445
GI BILL NATIONAL EMERGENCY EXTENDED DEADLINE ACT
Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2167) to amend title 38, United States Code, to provide for
extensions of the time limitations for use of entitlement under
Department of Veterans Affairs educational assistance programs by
reason of school closures due to emergency and other situations, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2167
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 National Emergency
Extended Deadline Act''.
SEC. 2. EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT
UNDER DEPARTMENT OF VETERANS AFFAIRS
EDUCATIONAL ASSISTANCE PROGRAMS BY REASON OF
SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER
SITUATIONS.
(a) Montgomery GI Bill.--Section 3031 of title 38, United
States Code, is amended--
(1) in subsection (a), by inserting ``and subsection (i)''
after ``through (g)''; and
(2) by adding at the end the following new subsection:
``(i)(1) In the case of an individual eligible for
educational assistance under this chapter who is prevented
from pursuing the individual's chosen program of education
before the expiration of the 10-year period for the use of
entitlement under this chapter otherwise applicable under
this section because of a covered reason, as determined by
the Secretary, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the individual
is able to resume pursuit of a program of education with
educational assistance under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the individual from
pursuing the individual's chosen program of education, as
determined by the Secretary.''.
(b) Post-9/11 Educational Assistance.-- Section 3321(b)(1)
of such title is amended--
(1) by inserting ``(A)'' before ``Subsections'';
(2) by striking ``and (d)'' and inserting ``(d), and (i)'';
and
(3) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 of this title shall
apply with respect to the running of the 15-year period
described in paragraphs (4)(A) and (5)(A) of this subsection
in the same manner as such subsection (i) applies under such
section 3031 with respect to the running of the 10-year
period described in subsection (a) of such section.''.
[[Page H2367]]
SEC. 3. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF
SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER
SITUATIONS UNDER DEPARTMENT OF VETERANS AFFAIRS
TRAINING AND REHABILITATION PROGRAM FOR
VETERANS WITH SERVICE-CONNECTED DISABILITIES.
Section 3103 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) In the case of a veteran who is eligible for a
vocational rehabilitation program under this chapter and who
is prevented from participating in the vocational
rehabilitation program within the period of eligibility
prescribed in subsection (a) because of a covered reason, as
determined by the Secretary, such period of eligibility--
``(A) shall not run during the period the veteran is so
prevented from participating in such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the veteran is
able to resume participation in a vocational rehabilitation
program under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program, as
determined by the Secretary.''.
SEC. 4. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES
OFFERED BY PUBLIC INSTITUTIONS OF HIGHER
LEARNING THAT DO NOT CHARGE VETERANS THE IN-
STATE TUITION RATE FOR PURPOSES OF SURVIVORS'
AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Section 3679(c) of title 38, United States
Code, is amended--
(1) in paragraph (1), by striking ``or 33'' and inserting
``33, or 35'';
(2) in paragraph (2), by adding at the end the following
new subparagraph:
``(D) An individual who is entitled to assistance under
section 3510 of this title.''; and
(3) in paragraph (6), by striking ``and 33'' and inserting
``33, and 35''.
(b) Conforming Amendments.--Section 3679(e) of such title
is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or 33'' and
inserting ``, 33, or 35''; and
(B) in subparagraph (B), by striking ``or 33'' and
inserting ``33, or 35''; and
(2) in paragraph (2), by striking ``or 33'' and inserting
``33, or 35''.
(c) Effective Date.--The amendments made by this Act shall
take effect on the date of the enactment of this Act and
shall apply with respect to an academic period that begins on
or after August 1, 2022.
SEC. 5. IMPROVEMENTS TO INFORMATION TECHNOLOGY SERVICES USED
TO PROCESS CLAIMS FOR EDUCATIONAL ASSISTANCE.
(a) Modern Information Technology Service.--The Secretary
of Veterans Affairs shall implement an information technology
service to process claims for educational assistance under
chapters 30, 33, 35, and 36 of title 38, United States Code,
using one or more commercial software systems. The Secretary
shall complete such implementation not later than August 1,
2024.
(b) Required Capabilities.--The Secretary shall ensure that
the modern information technology service under subsection
(a) has the following capabilities:
(1) As compared to legacy information technology systems--
(A) the ability to process claims faster and in a more
efficient manner by improving processing integration and
accuracy;
(B) improved data exchange and reporting; and
(C) improved customer integration and simplification of the
online experience.
(2) Timely communication by employees of the Department of
Veterans Affairs to individuals and educational institutions
using an online portal that can provide real-time information
on claims for educational assistance.
(3) The ability to be customized to address future
capabilities required by law.
(4) Fully automated to the extent practicable for all
original and supplemental claims, including with respect to
calculating accurate awards.
(5) The ability for individuals entitled to educational
assistance to electronically apply for, withdraw from, and
amend such entitlement, and to reallocate a transferred
entitlement.
(6) The ability to electronically process changes made by
educational institutions.
(7) The ability to verify attendance at an educational
institution.
(8) The ability to process validations made by an
educational institution.
(c) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to
the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report containing
information on the cost, schedule, and performance of the
project for implementing such system, including, with respect
to such project, the following:
(1) An estimate of acquisition, implementation, and life
cycle costs (including all direct and indirect costs to
acquire, implement, operate, and maintain such system).
(2) An intended implementation schedule indicating
significant milestones, initial operating capability, and
full operating capability or completion.
(3) Key business, functional, or performance objectives.
(4) With respect to both original claims and supplemental
claims processed on a monthly basis, statistics regarding--
(A) the number of such claims processed using legacy
information systems;
(B) the number of such claims that were off-ramped and
processed manually; and
(C) the number of such claims estimated to be processed
using the modern information technology service.
(5) The amount of savings that are estimated to be realized
from using the modern information technology service rather
than legacy information technology systems.
(6) The estimated accuracy of processing claims.
(7) The estimated timeliness for--
(A) processing original claims; and
(B) processing supplemental claims.
(8) A description of how the modern information technology
service will--
(A) automate the processing of original claims; and
(B) automate the processing of supplemental claims.
(d) Definitions.--In this section:
(1) The term ``legacy information technology system'' means
an information technology system used by the Department of
Veterans Affairs to process claims for educational assistance
under chapters 30, 33, 35, and 36 of title 38, United States
Code, before the date on which the Secretary of Veterans
Affairs awards a contract under subsection (a) for the modern
information technology service.
(2) The term ``modern information technology service''
means the information technology service implemented under
subsection (a) to process claims for educational assistance
under chapters 30, 33, 35, and 36 of title 38, United States
Code.
SEC. 6. TIME PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3512 of title 38, United States
Code, is amended--
(1) by redesignating subsection (h) as subsection (f); and
(2) by adding at the end the following new subsection:
``(g) Notwithstanding any other provision of this section,
the following persons may be afforded educational assistance
under this chapter at any time after August 1, 2023, and
without regard to the age of the person:
``(1) A person who first becomes an eligible person on or
after August 1, 2023.
``(2) A person who--
``(A) first becomes an eligible person before August 1,
2023; and
``(B) becomes 18 years of age, or completes secondary
schooling, on or after August 1, 2023.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``The educational'' and
inserting ``Except as provided in subsection (g), the
educational'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``subsection (g) or''
after ``provided in''; and
(B) in paragraph (2), by striking ``Notwithstanding'' and
inserting ``Except as provided in subsection (g),
notwithstanding''; and
(3) in subsection (e), by striking ``No person'' and
inserting ``Except as provided in subsection (g), no
person''.
SEC. 7. PILOT PROGRAM ON SHORT-TERM FELLOWSHIP PROGRAMS.
(a) Authority.--The Assistant Secretary of Labor for
Veterans' Employment and Training shall carry out a pilot
program under which a State may use a grant or contract under
section 4102A(b)(5) of title 38, United States Code, to carry
out a short-term fellowship program.
(b) Locations; Agreements.--The Secretary shall select at
least three, but not more than five, States to carry out a
short-term fellowship program pursuant to subsection (a).
Each such State shall enter into an agreement with a non-
profit organization to carry out such program.
(c) Short-term Fellowship Program.--Each short-term
fellowship program carried out by a State pursuant to
subsection (a) shall--
(1) consist of veterans participating as fellows with an
employer for a period not exceeding 20 weeks;
(2) provide to such veterans a monthly stipend during such
period; and
(3) provide to such veterans an opportunity to be employed
on a long-term basis with the employer following such period.
(d) Amount of Stipend.--The amount of the stipend provided
to a veteran pursuant to subsection (c)(2) for a month shall
be the amount equal to the amount of the wages earned by the
veteran during that month for participating in the
fellowship.
(e) Comptroller General Report.--Not later than four years
after the date on which the pilot program commences under
this section, the Comptroller General of the United States
shall submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a report on the pilot
program.
[[Page H2368]]
(f) Definition of State.--In this section, the term
``State'' has the meaning given such term in section 4101(6)
of title 38, United States Code.
(g) Authorization of Appropriations.--In addition to funds
made available under section 4102A(b)(5) of title 38, United
States Code, there is authorized to be appropriated to the
Assistant Secretary to carry out the pilot program under this
section $15,000,000 for each of fiscal years 2021 through
2025.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous material on H.R. 2167, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased to speak on H.R. 2167, as amended, the GI
Bill National Emergency Extended Deadline, or GI Bill NEED Act,
introduced by Congresswoman Sherrill.
The COVID-19 pandemic didn't only impact veterans' health, but it
also put a serious strain on veterans' access to educational benefits.
The COVID-19 pandemic exposed the limit on VA authority to extend the
time for use of its educational assistance program benefits amid an
emergency.
Representative Sherrill's bill fixes these limits during times of
emergency for Montgomery GI bill users and those participating in the
Veteran Readiness and Employment Program.
Mr. Speaker, this bill authorizes VA to pause the clock as needed
when an institution must close temporarily, or permanently, due to an
emergency, or when a student is prevented from continuing his or her
program for other reasons. This was an authority VA lacked during
COVID-19, and if not for the quick action by Congress, thousands of
veterans would have seen their benefits wasted.
Now it is time to take the lessons from the pandemic and fix this
problem once and for all. Not only that, but H.R. 2167, as amended,
includes additional improvements to VA education programs used by
veterans and their families. This legislation would require that VA
ensure the modern information technology (IT) service can process
claims faster and more efficiently through improved processing
integration and accuracy, data exchange and reporting, customer
integration, and simplification of the online experience.
The legislation would also expand in-State tuition rates at public
universities to participants in the Dependents' Educational Assistance
program.
Guaranteeing in-State tuition for those survivors using Dependents
Education Assistance, otherwise known as DEA, under Chapter 35, is a
low-cost lift that will drastically improve educational options for
surviving families and reduce their need for student loans.
I, therefore, ask my colleagues to join me in supporting the GI Bill
National Emergency Extended Deadline, or GI Bill NEED Act.
Mr. Speaker, I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2167, as amended, the GI Bill
National Emergency Extended Deadlines--or NEED--Act.
This bill would extend time limitations for the use of entitlement
for VA education programs due to an emergency. I am supportive of the
underlying bill. I also thank Chairman Takano, Congresswoman Sherrill,
for including several Republican provisions in this legislation.
This bill includes the text of two of Congressman Moore's bill, H.R.
2420, the Overseeing the GI Bill Act of 2021; and H.R. 2457, the
Colonel John McHugh Tuition Fairness for Survivors Act.
H.R. 2420 would require VA to submit regular reports to Congress on
the progress of the Digital GI Bill program. This is a system that the
VA is purchasing to overhaul the antiquated system that processes GI
bill claims. The failed implementation of the Forever GI Bill in 2018
led to thousands of veterans waiting weeks for their claims to be
processed. This provision would provide the needed oversight to ensure
that these mistakes are not repeated.
H.R. 2457 would require institutions of higher learning to provide an
in-State tuition to participants in the Survivors' and Dependents'
Education Assistance Program. This would bring the benefits in line
with other GI Bill programs that require that veterans be provided in-
State tuition.
Mr. Speaker, I thank Congressman Moore for his hard work on both of
these bills. H.R. 2167, as amended, also includes texts from
Congresswoman Mace's bill, H.R. 2327. Congresswoman Mace's provisions
would ensure that benefits through the Dependents' Education Assistance
GI Bill program will never expire for eligible students. This would
bring this program in line with the way the post-9/11 GI bill benefits
work for most other veterans. I commend Congresswoman Mace for her hard
work on this bill to expand benefits to dependents and survivors.
Finally, this bill also includes the text of Congressman Cawthorn's
bill, H.R. 2391, the Veterans Fellowship Act. This bill would direct
the Department of Labor to carry out a pilot program to help veterans
find meaningful employment through short-term fellowships. The DOL
would provide a stipend for the veterans to participate in the pilot
program.
Madam Speaker, I thank all of these Members for their hard work
drafting these important pieces of legislation. I am pleased to support
the bill, and I urge all of my colleagues to do the same.
Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. BOST. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from
Alabama (Mr. Moore).
Mr. MOORE of Alabama. Madam Speaker, today I rise and I am proud that
two of my bills, the Colonel John McHugh Tuition Fairness for Survivors
Act, and the Overseeing the GI Act of 2021, were included in the GI
bill.
Members of our military and their families have sacrificed so much in
their service to our country. As a grateful Nation, we have a
responsibility to take care of our heroes and their families. My bill,
the Colonel John McHugh Tuition Fairness for Survivors Act, secures in-
State tuition benefits for the survivors and dependents for eligible
veterans under the Dependent Educational Assistance program.
This bill is named after the U.S. Army Colonel John McHugh, who was
tragically killed in 2010 in Afghanistan by a roadside bomb. His family
currently resides in my district. Like many Americans, Colonel McHugh
dreamed of building a bigger and better life for his family, and we owe
it to them, and the millions of families like the McHughs, to help them
realize this dream.
The second bill, the Overseeing the GI Bill Act of 2021, provides
much-needed oversight for the VA's digital GI Bill project by requiring
the VA to submit a series of base-level reports to ensure the VA is on
track.
These reports will provide Congress with the critical information
needed to perform proper oversight over these IT upgrades and ensure
that they are using taxpayer dollars efficiently and effectively. These
bipartisan developments bring us closer to securing long overdue
support for our veterans and their families, and I appreciate my
colleagues on both sides of the aisle for lending their support to take
care of our veterans and their families.
Madam Speaker, I appreciate and thank Chairman Takano and Ranking
Member Bost for their leadership.
Mr. TAKANO. Madam Speaker, I reserve the balance of my time.
Mr. BOST. Madam Speaker, I yield 2 minutes to the gentlewoman from
Iowa (Mrs. Miller-Meeks).
[[Page H2369]]
Mrs. MILLER-MEEKS. Madam Speaker, I thank my colleagues, Ranking
Member Bost and Chair Takano, for their leadership, and I thank
Representative Bost for yielding me time.
Madam Speaker, I rise today to speak in support of my bipartisan GI
Bill National Emergency Extended Deadline Act, which I was proud to
introduce with a fellow veteran, Congresswoman Sherrill.
Our legislation would protect veterans' educational benefits from
expiring due to institutional closures or other factors caused by the
COVID-19 national emergency.
This important legislation will allow the Department of Veterans
Affairs to pause the time limit currently placed on the use of GI bill
benefits and to permit them to restart the clock after it is safe for
veterans to return to school.
I am pleased to see that our legislation was amended in the Committee
on Veterans' Affairs, to include my Veterans Readiness and Employment
National Emergency Extended Deadline Act, which I was also proud to
introduce with Congresswoman Sherrill.
The VR&E NEED Act would ensure disabled veterans get the support they
need to enter the civilian workforce through the VA's VR&E program. Our
legislation will allow the Secretary of Veterans Affairs to pause the
12-year time limit to use VR&E benefits during national emergencies and
other crises when eligible, disabled veterans are prevented from
leveraging those benefits through no fault of their own.
The VR&E program is an excellent path for our veterans to receive the
education and training they need to reenter the workforce. By pausing
the timer on their benefits when programs are closed, we preserve the
opportunities veterans have earned through their service to our
country. Our disabled veterans sacrificed greatly in service to our
country, so now it is our turn to serve them.
It is critical these benefits are not reduced due to no fault of the
individual veteran. Over the past year, we have seen the COVID-19
public health emergency force universities and colleges across the
country to temporarily close their doors. As a 24-year Army veteran, I
know how important being able to use GI benefits is to ensure that our
veterans can find meaningful employment. In fact, I used the GI bill
benefit throughout medical school.
Madam Speaker, I thank Congresswoman Sherrill for her partnership on
both of these commonsense bills to help our veterans to access the
benefits they have earned.
Madam Speaker, I urge all my colleagues to support the bipartisan GI
NEED Act.
Mr. TAKANO. Madam Speaker, I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I am prepared to close, and I yield myself
such time as I may consume.
Mr. Speaker, I encourage my colleagues to support this bill, and I
yield back the balance of my time.
Mr. TAKANO. Madam Speaker, I ask all my colleagues to join me in
passing H.R. 2167, as amended, as sponsored by Congresswoman Sherrill
of New Jersey.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Ms. McCollum). The question is on the motion
offered by the gentleman from California (Mr. Takano) that the House
suspend the rules and pass the bill, H.R. 2167, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________