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May 17, 2021: Congressional Record publishes “GI BILL NATIONAL EMERGENCY EXTENDED DEADLINE ACT.....” in the House of Representatives section

9edited

Barry Moore was mentioned in GI BILL NATIONAL EMERGENCY EXTENDED DEADLINE ACT..... on pages H2366-H2369 covering the 1st Session of the 117th Congress published on May 17, 2021 in the Congressional Record.

The publication is reproduced in full below:

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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.''.

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.

(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).

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.

____________________

SOURCE: Congressional Record Vol. 167, No. 85

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

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