United States Statutes at Large, Volume 132, 115th Congress, 2nd Session

[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 115-422
115th Congress

An Act


 
To require the Secretary of Veterans Affairs to establish a tiger team
dedicated to addressing the difficulties encountered by the Department
of Veterans Affairs in carrying out section 3313 of title 38, United
States Code, after the enactment of sections 107 and 501 of the Harry W.
Colmery Veterans Educational Assistance Act of 2017. <>

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 ``Forever GI Bill Housing Payment
Fulfillment Act of 2018''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.

(a) Findings.--Congress finds the following:
(1) On August 16, 2017, the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48) (known by
some as the ``Forever GI Bill'') was enacted into law.
(2) Such Act makes certain improvements to the Post-9/11
Educational Assistance program for veterans, including
improvements relating to how the Secretary of Veterans Affairs
calculates the amount of payments for monthly housing stipends
under that program.
(3) Section 107 of such Act (Public Law 115-48; 33 U.S.C.
3313 note) requires the Secretary to calculate the amount of
payments for monthly housing stipends based on the location of
the campus of the institution of higher learning where the
individual attends classes, a change from the previous direction
to make such calculation based on the location of the
institution of higher learning.
(4) Section 501 of such Act (Public Law 115-48; 37 U.S.C.
403 note) repeals the inapplicability of a modification of the
basic allowance for housing for members of the uniformed
services to benefits administered by the Department of Veterans
Affairs.
(5) The amendments made by section 107 and 501 of such Act
became effective on August 1, 2018, and January 1, 2018,
respectively.
(6) Representatives of the Department of Veterans Affairs
have stated that the Department will not be able to determine
proper payment amounts based on the amendment made by section
107 of such Act until December 1, 2019.
(7) Representatives of the Department have also stated that
outdated information technology systems have stymied efforts to
update necessary information that enable proper

[[Page 5451]]

housing payments as required by the provisions of law amended by
sections 107 and 501 of such Act.

(b) Sense of Congress.--It is the sense of Congress that--
(1) as soon as possible, the Secretary of Veterans Affairs
should end the making of improper payment amounts for monthly
stipends under section 3313 of title 38, United States Code;
(2) by January 1, 2020, the Secretary should make whole the
individuals entitled to payments of monthly stipends under
section 3313 of title 38, United States Code, who have been
underpaid as a result of the difficulties encountered by the
Department of Veterans Affairs in carrying out such section
after the enactment of sections 107 and 501 of the Harry W.
Colmery Veterans Educational Assistance Act of 2017 (Public Law
115-48); and
(3) no individuals entitled to payments of monthly stipend
under section 3313 of title 38, United States Code, who have
been overpaid as a result of the difficulties encountered by the
Department in carrying out such section after the enactment of
sections 107 and 501 of such Act should have overpayments
recuperated by the Department.
SEC. 3. TIGER TEAM FOR HOUSING STIPENDS.

(a) <>  Establishment.--Not later than one day
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a tiger team (in this section referred to as the
``Tiger Team'') dedicated to addressing the difficulties encountered by
the Department of Veterans Affairs in carrying out section 3313 of title
38, United States Code, after the enactment of sections 107 and 501 of
the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public
Law 115-48; 38 U.S.C. 3313 note and 37 U.S.C. 403 note).

(b) <>  Composition.--Not later than 15 days after
the date of the enactment of this Act, the Secretary shall submit to
Congress the names and titles of the employees of the Department who
compose the Tiger Team established under subsection (a), including the
name and title of the senior-level employee of the Department who serves
as the lead accountable official of the Tiger Team.

(c) Duties.--
(1) <>  Submission to congress.--Not later
than 90 days after the date of the enactment of this Act, the
Tiger Team shall submit to Congress the following:
(A) <>  A plan describing the
following:
(i) How the Secretary will obtain the
information necessary to determine the correct
payment amounts for monthly stipends under section
3313 of title 38, United States Code, made after
the enactment of sections 107 and 501 of the Harry
W. Colmery Veterans Educational Assistance Act of
2017 (Public Law 115-48; 38 U.S.C. 3313 note and
37 U.S.C. 403 note), from officials responsible
for the certification of payments of monthly
stipends made under section 3313 of such title.
(ii) How the Secretary will modify the
relevant information technology systems of the
Department to correct the payment amounts for
monthly stipends

[[Page 5452]]

under section 3313 of such title made after the
enactment of sections 107 and 501 of such Act
(Public Law 115-48; 38 U.S.C. 3313 note and 37
U.S.C. 403 note) that were deficient.
(iii) How the Secretary will identify all of
the individuals who received payments of monthly
stipends under section 3313 of such title that
were not in compliance with such section, after
the enactment of sections 107 and 501 of such Act
(Public Law 115-48; 38 U.S.C. 3313 note and 37
U.S.C. 403 note).
(iv) How the Secretary will notify the
individuals described in clause (iii).
(v) The procedures the Secretary will use to
correct the payments of monthly stipends under
section 3313 of such title that were deficient as
a result of the difficulties encountered by the
Department of Veterans Affairs in carrying out
such section after the enactment of sections 107
and 501 of such Act (Public Law 115-48; 38 U.S.C.
3313 note and 37 U.S.C. 403 note).
(B) <>  A complete timeline for the
implementation of the plan described in subparagraph
(A).
(C) Any additional funding and personnel
requirements necessary to support the implementation of
the plan described in subparagraph (A), including any
such requirements as may be necessary for staffing
increases or relevant improvements to the information
technology infrastructure of the Department.
(2) Implementation.--
(A) In general.--The Secretary shall implement the
plan submitted under paragraph (1)(A).
(B) <>  Periodic updates.--Not
less frequently than once every 90 days after submission
of the items under paragraph (1), the Tiger Team shall
submit to Congress an update on the implementation of
the plan described in subparagraph (A) of such
paragraph.
(3) Final report.--
(A) In general.--Not later than July 1, 2020, the
Tiger Team shall submit to the appropriate congressional
committees a final report on the activities and findings
of the Tiger Team.
(B) Contents.--The report required by subparagraph
(A) shall include the following:
(i) The number of individuals who were
affected by payments of monthly stipends under
section 3313 of title 38, United States Code, that
were not in compliance with such section after the
enactment of sections 107 and 501 of the Harry W.
Colmery Veterans Educational Assistance Act of
2017 (Public Law 115-48; 38 U.S.C. 3313 note and
37 U.S.C. 403 note).
(ii) The number of individuals described in
clause (i) who received deficient payments as a
result of the difficulties encountered by the
Department in carrying out section 3313 of such
title after the enactment of sections 107 and 501
of such Act (Public Law 115-48; 38 U.S.C. 3313
note and 37 U.S.C. 403 note), and the total amount
of the deficiency for each individual,
disaggregated by State.

[[Page 5453]]

(iii) The number of individuals described in
clause (ii) who have not received the amount of
monthly stipend to which such individuals are
entitled under section 3313 of such title and an
explanation of why such individuals have not
received such amounts.
(iv) <>  A certification
of whether the Department is fully compliant with
sections 107 and 501 of such Act (Public Law 115-
48; 38 U.S.C. 3313 note and 37 U.S.C. 403 note).
(C) Appropriate congressional committees defined.--
In this paragraph, the term ``appropriate congressional
committees'' means the following:
(i) The Subcommittee on Military Construction
and Veterans Affairs, and Related Agencies of the
Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate.
(ii) The Subcommittee on Military Construction
and Veterans Affairs, and Related Agencies of the
Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.

(d) Termination.--On the date that is 60 days after the date on
which the Tiger Team submits the final report required by subsection
(c)(3), the Secretary shall terminate the Tiger Team established under
subsection (a).

Approved January 3, 2019.

LEGISLATIVE HISTORY--S. 3777:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 18, considered and passed Senate.
Dec. 20, considered and passed House.