[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2167 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 19
117th CONGRESS
  1st Session
                                H. R. 2167

                          [Report No. 117-34]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2021

    Ms. Sherrill (for herself and Mrs. Miller-Meeks) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

                              May 14, 2021

  Additional sponsors: Mr. Ryan, Mrs. Luria, Mr. Fitzpatrick, and Mr. 
                                 Katko

                              May 14, 2021

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               23, 2021]


_______________________________________________________________________

                                 A BILL


 
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.


 


    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 applies under section 3031 
        with respect to the running of the 10-year period described in 
        section 3031(a).''.

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) Updated Information.--
            (1) Annual reports.--On an annual basis during the period 
        in which the Secretary is implementing the modern information 
        technology service, the Secretary shall submit to the 
        Committees on Veterans' Affairs of the House of Representatives 
        and the Senate a report containing updated information 
        regarding the matters specified in subsection (c). Each such 
        updated report shall identify any changes to the cost, 
        schedule, or performance of the project to implement such 
        system.
            (2) Notification.--
                    (A) Requirement.--Not later than 60 days after the 
                date on which an action described in subparagraph (B) 
                occurs, the Secretary shall submit to the Committees on 
                Veterans' Affairs of the House of Representatives and 
                the Senate a notification of such action, including a 
                description of and explanation for such action.
                    (B) Action described.--An action described in this 
                subparagraph is, with respect to the project to 
                implement the modern information technology service, 
                any of the following:
                            (i) With respect to the acquisition, 
                        implementation, or life cycle cost of the 
                        project, or an increment therein, a change or 
                        variance that is 10 percent or greater compared 
                        to the amount identified the most recent report 
                        submitted under paragraph (1).
                            (ii) With respect to the schedule for 
                        achieving a significant milestone, initial 
                        operating capability, or final completion of 
                        the project, a change or variance that is 180 
                        days or greater compared to the schedule 
                        identified the most recent report submitted 
                        under paragraph (1).
                            (iii) With respect to the performance, an 
                        instance where a key business, functional, or 
                        performance objective is not attained, or is 
                        not anticipated to be attained, in whole or in 
                        part.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Veterans Affairs for fiscal years 2022 
through 2024 a total of $250,000,000 to carry out this section.
    (f) 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) has not received any payment of educational 
                assistance under this chapter before such date.''.
    (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.
                                                  Union Calendar No. 19

117th CONGRESS

  1st Session

                               H. R. 2167

                          [Report No. 117-34]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                              May 14, 2021

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed