[House Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
AN UPDATE ON THE IMPLEMENTATION OF THE
FOREVER GI BILL, THE HARRY W. COLMERY
EDUCATIONAL ASSISTANCE ACT OF 2017
=======================================================================
HEARING
before the
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
of the
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTEENTH CONGRESS
FIRST SESSION
__________
TUESDAY, DECEMBER 12, 2017
__________
Serial No. 115-41
__________
Printed for the use of the Committee on Veterans' Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
U.S GOVERNMENT PUBLISHING OFFICE
31-615 WASHINGTON : 2019
COMMITTEE ON VETERANS' AFFAIRS
DAVID P. ROE, Tennessee, Chairman
GUS M. BILIRAKIS, Florida, Vice- TIM WALZ, Minnesota, Ranking
Chairman Member
MIKE COFFMAN, Colorado MARK TAKANO, California
BRAD R. WENSTRUP, Ohio JULIA BROWNLEY, California
AMATA COLEMAN RADEWAGEN, American ANN M. KUSTER, New Hampshire
Samoa BETO O'ROURKE, Texas
MIKE BOST, Illinois KATHLEEN RICE, New York
BRUCE POLIQUIN, Maine J. LUIS CORREA, California
NEAL DUNN, Florida KILILI SABLAN, Northern Mariana
JODEY ARRINGTON, Texas Islands
JOHN RUTHERFORD, Florida ELIZABETH ESTY, Connecticut
CLAY HIGGINS, Louisiana SCOTT PETERS, California
JACK BERGMAN, Michigan
JIM BANKS, Indiana
JENNIFFER GONZALEZ-COLON, Puerto
Rico
Jon Towers, Staff Director
Ray Kelley, Democratic Staff Director
SUBCOMMITTEE ON ECONOMIC OPPORTUNITY
JODEY ARRINGTON, Texas, Chairman
GUS BILIRAKIS, Florida BETO O'ROURKE, Texas, Ranking
BRAD WENSTRUP, Ohio Member
JOHN RUTHERFORD, Florida MARK TAKANO, California
JIM BANKS, Indiana LUIS CORREA, California
KATHLEEN RICE, New York
Pursuant to clause 2(e)(4) of rule XI of the Rules of the House, public
hearing records of the Committee on Veterans' Affairs are also
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C O N T E N T S
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Tuesday, December 12, 2017
Page
An Update On The Implementation Of The Forever GI Bill, The Harry
W. Colmery Educational Assistance Act Of 2017.................. 1
OPENING STATEMENTS
Honorable Jodey Arrington, Chairman.............................. 1
Honorable Beto O'Rourke, Ranking Member.......................... 3
WITNESSES
MG Robert M. Worley II USAF (Ret.), Director, Education Service,
Veterans Benefit Administration, U.S. Department of Veterans
Affairs........................................................ 3
Prepared Statement........................................... 23
Accompanied by:
Mrs. Charmain Bogue, Deputy Director, Education Service,
Veterans Benefits Administration, U.S. Department of
Veterans Affairs
Mr. Lloyd Thrower, Acting Information Technology Account
Manager, Benefits Portfolio, Office of Information &
Technology, U.S. Department of Veterans Affairs
Mr. William Hubbard, Vice President of Government Affairs,
Student Veterans of America.................................... 5
Prepared Statement........................................... 25
Mrs. Kathleen Moakler, Director, External Relations and Policy
Analysis, Tragedy Assistance Program for Survivors............. 7
Prepared Statement........................................... 28
QUESTIONS FOR THE RECORD
FROM: The Honorable David J. Shulkin M.D. Secretary TO: VA....... 31
AN UPDATE ON THE IMPLEMENTATION OF THE FOREVER GI BILL, THE HARRY W.
COLMERY EDUCATIONAL ASSISTANCE ACT OF 2017
----------
Tuesday, December 12, 2017
Committee on Veterans' Affairs,
U. S. House of Representatives,
Washington, D.C.
The Subcommittee met, pursuant to notice, at 2:05 p.m., in
Room 334, Cannon House Office Building, Hon. Jodey Arrington,
[Chairman of the Subcommittee] presiding.
Present: Representatives Arrington, Bilirakis, Wenstrup,
Rutherford, Banks, O'Rourke, Correa, and Rice.
STATEMENT OF JODEY ARRINGTON, CHAIRMAN
Mr. Arrington. Good afternoon, everyone. This Subcommittee
will come to order.
I want to apologize in advance, I am going to have to step
out. And I will return shortly and have asked Congressman
Bilirakis to preside in my absence. So, thank you for that.
I want to thank everybody for joining us for today's
hearing of the Subcommittee on Economic Opportunity of the
House Committee on Veterans' Affairs, where we will begin our
first oversight hearing on the implementation of H.R. 3218, the
Harry W. Colmery Veterans Educational Assistance Act of 2017,
also known as the Forever GI Bill.
This bill was signed into law by President Trump on August
16th, 2017. It is a great example of what Congress can do when
we put the American people and, in this case, our veterans
first and foremost.
In addition to the efforts of Chairman Roe and other
Members of this Committee, the Forever GI Bill was the result
of the good efforts of many of our VSOs, two of whom are joined
here with us today on the panel: Student Veterans of America
and the Tragedy Assistance Program for Survivors.
This was the first major improvement to the GI Bill since
2011 and encompassed over 30 provisions brought forth by many
Members of this House who share all of our commitments to the
men and women who serve either in uniform or alongside their
active duty spouse or parent.
While we can all be proud of this collective achievement to
pass the Forever GI Bill, this Subcommittee's work has just
begun and it is critical that we work in tandem with the VA,
with veterans groups, and other stakeholders, as the Department
begins the implementation of this newly expanded and revised
bill, so that we can ensure that it is rolled out seamlessly.
Many of you can remember the significant delays that
beneficiaries experienced back in 2009. I actually wasn't here
then, but I am told there were delays in 2009 and we don't want
that in this round of implementations. And this happened after
the passage of the Post-9/11 GI Bill and I am sure, again, we
can all agree that such delays can't happen again. And it is
our job to identify any problems and solve them and have a
smooth implementation, cost-effective for all stakeholders
involved.
I would be remiss if I didn't acknowledge the VA's
Education Service's efforts to schedule regular calls with the
Committee staff on both sides of the Hill to update them on the
implementation. However, I think it is important that we have
these hearings, so that we can discuss as Committee Members and
we, as Committee Members, can lend our support and our help to
you, General Worley, and others in the Department as you work
to implement this reform package.
I do have some concerns about the focus this process is
getting from the VA senior leadership. This is a theme for me,
it seems, as we have found that education programs are often
overlooked within the Department as a whole.
I understand the Secretary and his leadership team have
many priorities, but I hope they understand that it will be no
small feat to execute such a large reform initiative such as
this bill, which will result in over $3 billion worth of
changes to the GI Bill for generations of veterans and their
families to come.
Our investments and the taxpayers' investments in veterans'
education benefits and the impact that the Forever GI Bill will
have on our future success of student veterans is, I am sure
you will agree, an extremely important endeavor and we have got
to get it right. So I urge the Secretary and this
Administration to do whatever they have to do to give folks the
resources, especially the IT resources in this case, that they
need to roll this package out effectively without major
hiccups, again, like we saw or were experienced in 2009.
Before I yield to Ranking Member O'Rourke, I do want to
focus in for just a moment on these IT resources I just
mentioned. I am anxious to hear some of the testimony and I
certainly have some questions about this.
Since joining this Committee, it has always been clear that
VA's IT systems and plan upgrades are often so convoluted that
when Congress makes changes to the GI Bill or forms needs to be
updated, the patchwork system of IT programs is not able to
keep up, which can cause significant delays for student
veterans. I am concerned, because the Subcommittee has been
told during multiple hearings in the past that the plans for
these systems would ensure agility, so that the VA could
quickly address the changes that were made in the law. As we
have seen, however, that just hasn't been the case.
Directing IT resources to education programs is not often a
focus of the Department and I hope this practice does not
continue, especially for something as important as the Forever
GI Bill. And I look forward to continuing to work with the VA
and my fellow Members to ensure these resources are provided
where and when needed.
Now I want to yield to my friend and Ranking Member, Mr.
O'Rourke, for any opening remarks he might have.
STATEMENT OF BETO O'ROURKE, RANKING MEMBER
Mr. *O'Rourke.* Thank you, Mr. Chairman.
There is not too much that I can add to your excellent
opening comments, but to thank you and the majority staff and
the minority staff for ensuring that we have a successful
hearing today for those about to testify, for our colleagues
and their questions. I think all of us want to make sure that
the Forever GI Bill is implemented successfully, and that we
anticipate any concerns ahead of time and work constructively
together between Congress and the Administration to see how we
can ensure that those are resolved.
And, like the Chairman, I see the biggest challenge being
one with IT. So I appreciate the fact that General Worley is
here and that he has brought someone who can help to answer
those questions, and suggest how we work together to ensure
that this goes smoothly and seamlessly for transitioning
servicemembers and for veterans.
I also want to thank the Veterans Service Organizations
that are here today to testify. I am looking forward to hearing
what they have to say.
I yield back.
Mr. Arrington. I want to thank the Ranking Member.
I now invite our first and only panel to the table. With us
today, we have General Robert Worley, Director of VA's
Education Service, who is accompanied by Mrs. Charmain Bogue,
Deputy Director of VA's Education Service, and Mr. Lloyd
Thrower, Acting Information Technology Account Manager for the
Benefits Portfolio within VA's Office of Information and
Technology.
Mr. William Hubbard, Vice President of Government Affairs
for Student Veterans of America; and Mrs. Kathleen Moakler,
Director of External Relations and Policy Analysis at Tragedy
Assistance Program for Survivors.
So thank you guys again for being here today. Before we
begin with your testimonies, I ask that the witnesses, if you
would please stand and raise your right hand.
[Witnesses sworn.]
Mr. Arrington. Thank you. Please be seated.
Let the record reflect that all witnesses answered in the
affirmative.
Your complete written statements will be made part of the
hearing record and all of you will be recognized for 5 minutes
for your oral statements.
Let's begin with you, General Worley. You are now
recognized for 5 minutes.
STATEMENT OF MG ROBERT M. WORLEY II USAF (RET.)
General *Worley.* Thank you, Mr. Chairman. Good afternoon,
Chairman Arrington, Ranking Member O'Rourke, and other Members
of the Subcommittee.
I am pleased to be here today to discuss VA's work on
implementing the Harry W. Colmery Veterans Educational
Assistance Act of 2017, also referred to as the Forever GI
Bill.
Accompanying me today is Mr. Lloyd Thrower, Office of
Information Technology, Account Manager for the Benefits
Portfolio, and Mrs. Charmain Bogue, Deputy Director for
Operations in Education Service, and VA's project lead for
Colmery Act implementation.
On August 16th, 2017, the President signed into law the
Colmery Act, which makes sweeping changes, which corrects
inequities, expands benefits, and truly changes the way we view
the GI Bill for the future. It is the most comprehensive set of
changes to education benefits since the enactment of the Post-
9/11 GI Bill in 2009.
The Colmery Act has become known as the Forever GI Bill
because its most recognized feature is the removal of the 15-
year time limitation for eligible dependents and veterans
transitioning out of the military after January 1st of 2013 to
use their Post-9/11 GI Bill benefits.
Other important features of the law are that it restores
benefits to veterans who were impacted by school closures since
2015, expands opportunities for STEM and IT training, provides
increases in funding for state approving agencies, and enhances
benefits for surviving dependents and Purple Heart recipients.
The importance and complexity of the Colmery Act led VA to
establish a cross-functional Program Executive Office within
existing resources responsible for leading and coordinating all
Forever GI Bill implementation activities.
Also in record time, VA awarded a 12-month program
management contract that provides further support to the PEO
through the addition of additional expertise and IT training
and communications.
The law requires a significant IT effort with 22 of the 34
provisions requiring IT modifications at an estimate of $70
million. OI&T has committed to providing a solution for the
most pressing of these provisions, Sections 107 and 501, which
change the way VA pays monthly housing benefits.
VA will assure continued timely processing of additional
claims related to the Colmery Act and will stand up new
initiatives such as the Edith Nourse Rogers STEM Scholarship by
establishing specialized teams, using its more experienced
claims processors, and by hiring 202 additional temporary
employees in the field.
VA has taken significant steps since the law's signing,
first focusing on the 15 provisions that were effective on date
of enactment, and executing an expansive and multifaceted
communications campaign to highlight and promote the Colmery
Act's improvements to affected beneficiaries and other
stakeholders.
Specifically, VA has promoted the Colmery Act extensively
through a new Web page, social media, a variety of outreach
activities, traditional media, as well as frequently asked
questions. VA has been posting multiple updates on its GI Bill
Facebook page. And in November, VA held a Forever GI Bill
Twitter Town Hall, reaching over 170,000 users, and
participated in a satellite media tour, conducting interviews
with 23 radio and television stations, reaching 4 million
viewers and listeners. We also have sent out three mass emails
to 1.2 million stakeholders, and have conducted multiple
briefings to school certifying officials and Veterans Service
Organizations.
As you know, many of the Act's provisions target certain
categories of beneficiaries, so VA is also conducting more
targeted notification where and when needed. For example, we
have identified and notified nearly 8,000 education
beneficiaries that may be eligible for restoration of
entitlement under the school closure provision. In just under
one month, VA has already received over 400 applications and
has restored 1800 months of entitlement to over 200
beneficiaries.
In just under 4 months, VA has moved out quickly and is
working hard on successfully implementing all of the provisions
of the Colmery Act on time. There is a great deal of work
remaining, with 13 of 34 provisions effective on August 1st of
2018. VA has already started on revising regulations,
developing policy, designing training, preparing
communications, and more as we move forward.
We look forward to continuing to work with all of our
partners and stakeholders on these efforts.
Thank you for the opportunity to testify today, Mr.
Chairman. I look forward to responding to any questions the
Committee may have.
[The prepared statement of General Worley appears in the
Appendix]
Mr. Bilirakis. [Presiding.] Now we will recognize Mr.
Hubbard. You are recognized for 5 minutes. Thank you.
STATEMENT OF MR. WILLIAM HUBBARD
Mr. Hubbard. Mr. Chairman, Ranking Member O'Rourke, and
Members of the Committee, thank you for inviting Student
Veterans of America to testify on the implementation of the
Forever GI Bill.
With nearly 1500 chapters representing over 1.1 million
student veterans in schools across the country, we are pleased
to share the perspective of those directly impacted by the
subjects before this Committee.
Signed into law this August, H.R. 3218, commonly known as
the Forever GI Bill, made history. As one of the most
significant pieces of higher education legislation to occur
this century, millions of service-affiliated students will have
greater access to education and training, thanks to the efforts
of this Committee and the 115th Congress.
We would like to share some brief history and intent from
our perspective on the legislation, which was a case study in
partnership and bipartisan discussion.
This past year, we launched a special focus on the
importance of sustainability in programs, driven by outcomes
and fueled with data-driven decision-making. The Forever GI
Bill includes dozens of solution-oriented provisions such as
the work study authorization, Science Technology Engineering
and Math scholarships, removal of the time limit on the GI
Bill, and many other provisions, which increase access to
education.
The new law will also address inequities of this earned
benefit and looks forward to the future well beyond our own
generation. As leading advocates for the bill, we are committed
to the complete and timely implementation of this law. With
that interest in mind, we thank the Committee for this
opportunity to highlight several key areas of success, as well
as some which have room for improvement.
We applaud the Department of Veterans Affairs for their
dedicated staff, for demonstrating great initiative in
implementing the Forever GI Bill, especially their very public
communications effort to make those affected aware of upcoming
opportunities.
Until the Forever GI Bill, student veterans attending
schools with unexpected closures were the only students in
higher education with no reasonable recourse to recoup their
benefits. The most prolific examples of these include the
closures of Corinthian Colleges and ITT Tech. Unfortunately,
thousands of student veterans were adversely affected due to
the poor performance of these schools, and we applaud VA for
producing an application for these students to apply for
restoration of their benefits.
We are concerned that so few students have applied for the
restoration of benefits under the school closure provision
since the notice from VA went out to these students. Like our
concerns with reaching eligible Purple Heart recipients, the
integrity of individual contact information within the VA
system may not be reliable. We encourage VA to partner with
external organizations such as Student Veterans of America and
others to reach out to the widest audience possible.
Turning to the Edith Nourse Rogers STEM Scholarship. This
provision originated from H.R. 5784 from the 113th Congress,
the GI Bill STEM Extension Act, a bipartisan bill cosponsored
by Congressman David McKinley and Congresswoman Dina Titus. We
were a proud partner in the formation and advocacy of this
effort, and we are pleased to see it as a law. Student veterans
consistently site this as a component of the Forever GI Bill
with which they have the greatest interest.
As the Forever GI Bill was being developed, it became
increasingly clear that the implementation costs, particularly
IT changes and upgrades, would be a significant driver of cost.
We have major concerns on whether or not the offices
implementing this law are receiving adequate resources to
execute this overall.
The Forever GI Bill represents a significant shift in
education for veterans and in higher education in general. More
important than inputs and outputs are outcomes; that is more
apparent today than ever. The GI Bill is an American success
story because it has demonstrated results.
As President Thomas Jefferson said in 1808, the same
prudence which in private life would forbid us paying our own
money for unexplained projects forbids it in the dispensation
of public monies. With the implementation of Forever GI Bill we
raise the question, who should be allowed to play in GI Bill
land? Consider the precedent of the VA Home Loan Program. Many
banks do not qualify for these loans due to the rigorous and
strict standards, leading to outcomes impressive by any
standard, and perhaps the same should be thought about for the
GI Bill.
We thank the Chairman and the Ranking Member for inviting
us to testify, and look forward to any questions you may have.
[The prepared statement of Mr. Hubbard appears in the
Appendix]
Mr. Bilirakis. Thank you so very much.
Now I will recognize Mrs. Moakler for 5 minutes.
Mrs. Moakler. Thank you.
Mr. Bilirakis. You're welcome.
STATEMENT OF MRS. KATHLEEN MOAKLER
Mrs. Moakler. Mr. Chairman, Ranking Member O'Rourke, and
distinguished Members of the Subcommittee, the Tragedy
Assistance Program for Survivors thanks you for the opportunity
to talk about issues important to the families we serve, the
families of the fallen.
While the mission of TAPS is to offer comfort and support
for surviving families, we are also committed to improving
support provided by the Federal Government for the families of
the fallen: those who fall in combat, those who fall from
invisible wounds, and those who die from illness or disease.
TAPS appreciates the attention the Committee has paid to making
sure that veterans and surviving family members have benefits
that give them access to quality education.
TAPS provides specialized support through our Web education
portal regarding the education benefits available for the
children and spouses of America's fallen heroes. TAPS staff
members work with each individual to maximize the financial
support they can receive to complete their education from both
government and private agencies. This also allows us to hear
from the survivors where they encounter problems and stumbling
blocks in the process.
We are most grateful for the provisions included in the
Harry W. Colmery Veterans Educational Assistance Act of 2017
that support survivors, and most appreciative of the
opportunity to comment on the implementation of this
legislation.
We have heard from many of TAPS surviving spouses
concerning the implementation of the Forever GI Bill. While
they are most appreciative of the enhanced benefit, many have
concerns. We have worked with the VA to solve many of them.
First of these is the delimitating date, the date found on
a VA certificate of eligibility that informs the individual of
the date they are no longer eligible for education benefits. As
of early December, eligible students are still receiving the
letters with the 15-year delimitating date. While some students
are aware of the delimitation date, they are reluctant to
actualize their education plan until they have the correct
information on their certificate of eligibility.
TAPS did query the VA Office of Economic Opportunity about
this discrepancy. The office offered that while IT upgrades are
in process the system does not currently allow the letter to go
out without a delimitating date. We appreciate the steps that
this office has taken to develop a work-around, including
enhanced training to call center personnel to assure eligible
recipients that indeed there is no delimitating date; sending
letters informing spouses that have previously applied that
there is no delimitating date; and manually changing new
certificates of eligibility until they find a permanent
solution.
As said before, the success of the implementation is
entirely dependent on changes to the IT system. We hope there
will be appropriate funding to expedite this process.
While mandatory training for school certifying officials is
included in the Forever GI Bill, we are concerned about the
schools being fully aware of the changes coming in August 2018.
Information is being pushed out by the VA. We hope there will
be coordination within the schools, so that the person actually
talking to the student is aware of the changes.
TAPS' biggest concern with all the changes being
implemented in August is that there will be delayed payments
for veterans and survivors enrolled in the fall 2018 semester.
Even with the few changes that went into effect this fall,
there were issues with schools demanding payment from the
students because of delayed VA payments. Students receiving VA
payments were not allowed to attend classes, register for
spring 2018, or use campus facilities because the VA payment
was delayed. In some cases, students were put on payment plans
they could not afford or forced to take out student loans with
egregious origination fees in order to continue the education
program.
TAPS would recommend that students receiving VA payments
have the same protection as those who receive Title IV funding
such as Pell Grants and Federal student loans who are not
penalized for a late payment. TAPS strongly believes that the
best way to do this is through a legislation change. We have
been in discussion with HVAC majority staff to assist these
students.
The proposed legislation would give the Sec VA the ability
to disapprove any course of education unless the educational
institution providing the course permits individuals to attend
or participate in courses pending payment from the VA and
accepts a certificate of eligibility is a promise of payment.
Continued cooperation between the VA, the Committee, and
interested VSOs, MSOs, and survivor advocates is essential to
make the implementation of the Forever GI Bill a success. TAPS
will continue to provide feedback to both the VA and the
Committee on the experience of survivors.
Thank you, and I look forward to your questions.
[The prepared statement of Mrs. Moakler appears in the
Appendix]
Mr. Bilirakis. You're welcome. And I thank the panel for
their testimony today.
Now I will recognize myself for 5 minutes for questions.
The first question will be for General Worley.
General--first of all, thank you for your service to our
country--General, on a conference call last week, Subcommittee
staffs were informed that due to a problem with the VA's IT
system the Department will still have letters and certificates
of eligibility that will be sent out to the Chapter 33
beneficiaries that show that their GI Bill benefits expire,
despite the change made in Section 112 of the Forever GI Bill.
On the call, the proposed work-around wasn't to fix the
system, but to send the beneficiary a separate letter telling
them to basically ignore the first letter.
What are the Department's plans to address the situation,
this particular situation, which if not addressed will
certainly cause mass confusion for all program participants?
And, you know, it is really--I can't believe that this is
happening and, you know, our soldiers deserve better, they
deserve certainty. So if you could please answer that question,
I would appreciate it very much.
General *Worley.* Thank you, Mr. Chairman. I couldn't agree
more. We want to put out consistent and accurate information to
our beneficiaries, and we appreciate the concern that the
Committee has on this.
I will answer this, I will start with part A of the answer
and I will turn it over to Mr. Thrower to talk about part B of
the answer.
Part A of the answer has to do with the initial certificate
of eligibility that was mentioned by our colleague here at the
table. So that is the initial original claim that comes in and
we issue a certificate of eligibility after we have done what
we need to do to check eligibility requirements. Those are
manually generated and we can, and we will start this month,
manually updating those letters so that it is clear, because
there will be--well, not for the certificates of eligibility
starting now, but we have to check the eligibility and make
sure it is after January of 2013, and then those letters will
be updated accurately to reflect whether there is or is not a
delimiting date.
Mr. Bilirakis. How much time will that take to manually
update the letters?
General *Worley.* These letters are partially--they are
manually produced anyway, the initial certificate of
eligibility. So it is a little bit of added time to the claims
examiner's work to do that, so it is not a big impact.
The bigger impact that we were concerned about has to do
with the enrollment letter--the award letters. So every term
someone goes to school, they get an award letter that updates
them on the amount of benefit they have left and what they are
being paid in housing and so forth. Now, the reason these
letters are difficult to change quickly is because they are
integrated and tied into the code of the long-term solution,
our automated solution.
So I will turn it over to Mr. Thrower to talk about what we
are doing with respect to the award letters.
Mr. Bilirakis. Please.
Mr. Thrower. Yes. Thank you.
And, you know, since our discussions with staffers on
Friday, we have actually gone back, I have been working with my
engineering team and we have built--we will be delivering a
work-around, we will be delivering a solution in our March
release of LTS.
The key thing here is making code changes to the logic that
generates the letters. We are doing this at the same time while
we are in a massive effort, which I discussed with this
Committee back in June, of trying to decommission BDN, which is
another system, part of that patchwork that Chairman Arrington
that we are trying to clear up.
So we are sort of in the process of eliminating the
patchwork underneath the hood. At the same time then making
changes within LTS while we are doing that is a problematic and
risky thing that we are trying to manage that risk.
That said, there are a few things that we are committed to
doing and making happen within the LTS system while we are
doing the decommissioning work on BDN. One of those will be the
changes to letters. We will have those done within the March
release of LTS.
Mr. Bilirakis. Is there a possibility you can contact,
obviously the heroes, to ease their mind, maybe verbally over
the telephone, what have you? Maybe not an official notice, but
have you considered that as well?
Or, you know, if you can post it to a Web site or get it to
the congressional offices, so that we can get the information
if they call in?
General *Worley.* Absolutely, we can do that. This is
relatively late-breaking news, so we will put that on our
media----
Mr. Bilirakis. You definitely have to----
General *Worley.* --on Facebook----
Mr. Bilirakis. --get the word out, absolutely----
General *Worley.* --on our updates to the Committee.
Mr. Bilirakis. --Facebook, what have you----
General *Worley.* Yes, sir.
Mr. Bilirakis. --social media. We can all help.
General *Worley.* Absolutely.
Mr. Bilirakis. All right. I don't have much time left. Why
don't I go ahead and yield to the Ranking Member. Thank you.
You are recognized for 5 minutes.
Mr. *O'Rourke.* Thanks.
I have a number of questions, but I don't know that I
understand the answer yet to Mr. Bilirakis' question on this
15-year time limit. Are letters going out today still
erroneously saying you have to use this within 15 years?
General *Worley.* Yes.
Mr. *O'Rourke.* And I am not a programmer, but I got to
think that--and don't go into detail, but I got to think that
that is not a 3-month fix. You said by March this will be
fixed. I mean, can somebody as they are printed out just
manually with a Sharpie cross that line out before it goes in
or can we do that in the code?
It doesn't sit with anyone, probably yourself included,
General Worley. Is there a way we could do this now instead of
in 3 months?
General *Worley.* I don't think so, Congressman O'Rourke.
I understand the incredulity of you can't change a letter
quickly, but, again, the letters that go out are integrated and
part of essentially the automated code. And they need to be
that way, because we are sending personalized information to
each beneficiary related to their benefits and how much they
are getting and those kinds of things. It is not just going
into a Word document and changing a few lines, it is much, much
more complicated than that.
So we would love to do it more quickly, but I am relying on
our IT colleagues to tell us what is within the realm of the
possible and how quickly we can do it.
Mr. *O'Rourke.* And maybe there is someone out there in the
private sector or in the volunteer community who would be
willing to take a look at this code and offer their expertise
if we are so taxed in being able to change this. Just not to in
any way undermine the success that you have shown in being able
to implement this following the August signing, but this is
something that I think sticks out for everyone.
Another issue that Ms. Moakler brought up is the delayed VA
payments and she suggested using the Pell Grant model. Any
thoughts on that, General Worley?
General *Worley.* I don't have any particular view of that
right now, sir. We haven't really addressed that issue in my
office, I certainly would love to talk more about that. I
suspect that would clearly take legislative change to do it
that way----
Mr. *O'Rourke.* Yeah. And you seem to----
General *Worley.* --and we would be happy to work with the
Committee.
Mr. *O'Rourke.* Yes. So you will give us your feedback on
that and I understand the majority staff may already be working
on this. We would certainly from the minority side want to be
able to work on this as well and make sure that we are
successful.
Mr. Hubbard, I loved your point about the outcomes more
important than the inputs and we have had this conversation
about several programs that come through this Committee. I want
to make sure that we are fully measuring outcomes here as well,
and you suggested that we should have greater scrutiny and
higher expectations for the educational institutions that are
participating.
Any specific recommendations as we continue to perfect this
law or administratively anything that General Worley could run
with?
Mr. Hubbard. Yes. Thank you for the question, Mr. O'Rourke,
I appreciate that, and I think it is a relevant and really
critical point.
Today, and my colleagues from the VA can correct me, but I
think it is somewhere in the realm of 14,000 programs are
approved for GI Bill dollars. 14,000, that is crazy. All of
those schools, I suspect, are not delivering good outcomes for
student veterans. I know that firsthand, I could probably point
out a couple that we all know of. And I think, ultimately, the
focus on outcomes versus just what is going in and what is
coming out is absolutely critical.
What we know is student veterans are winners and, when
given the right tools to succeed, they do every single time.
And so that is something that we have a special focus on as it
pertains to things that could be changed.
There are some internal tools that I know of that the VA is
taking a look at to increase their standards and really have
some rigorous methodology as applied to who is available to get
GI Bill dollars. I think that is something that perhaps the
Committee would be interested in taking a look at and work with
certainly us and many of our partners in the non-profit space
to implement as well.
Mr. *O'Rourke.* Yes. And I am going to yield back to the
Chairman, but as I do, I think if we are able to follow this
very good recommendation, I think it has to be tied to some
measure of outcomes, so that we truly understand performance
for these different programs; not just did the student complete
the course of study, but then what was their earning potential
in the following 10 years, or were they able to find a career
or a role or function or purpose, and I think all those are
incredibly important.
So, thanks for raising that.
Mr. Bilirakis. Agreed. I appreciate that.
Mr. Rutherford, from the great State of Florida, my
colleague, you are recognized for 5 minutes.
Mr. Rutherford. Thank you, Mr. Chairman. And thank you,
panel, for appearing here this afternoon.
And, General, I would like to begin with you and ask, can
you tell me how aware have you made the senior political
leadership at VA aware of the challenges that implementation of
this legislation has created for you?
General *Worley.* I have personally briefed the Secretary
just a matter of a few weeks after the Colmery Act became law
with those challenges, both the IT assessment of about $70
million and our initial assessment of what would be required in
terms of people without IT solutions. So I am very confident
that the Secretary is aware of those challenges.
We have come a long way since that particular briefing in
terms of the Office of Information & Technology stepping up to
addressing the two most critical initial provisions dealing
with housing allowance, which had the biggest people impact.
And so those are underway, along with the massive effort on
BDN, as Mr. Thrower mentioned. And some of that has been
absorbed in terms of the funding. We need more funding later,
but at this point we have come a long way. So, I think the
senior leadership is aware of these challenges and we are
getting the support.
Mr. Rutherford. Okay. And to drill down on the IT a little
bit, Mr. Thrower, 22 of 34 elements are going to require IT, as
I heard earlier. Can you talk about, has there been
anticipation of what the 2019 budget needs to look like to give
you the capabilities that you need within IT to fully implement
Colmery?
Mr. Thrower. Yes, we have had pretty extensive discussions
internally about what it would take to do this. And actually,
at the Secretary's request, we have actually been looking at
alternative approaches of managing this endeavor as well. One
of the--for instance, one of the most significant things that
we will have accomplished in eliminating--consolidating all
education services around the LTS platform, eliminating BDN and
several of the--a lot of the patchwork under the hood is we
will be given--we will have the opportunity actually to even
potentially look at this as a managed service.
And so we are going to be looking--we are going to have
sort of a decision date this spring of where we are with the
decommissioning effort, what our options are in the external
market, what our options are within if we go the in-house
development. I think because of the work that we are doing and
the work under the hood with BDN, we are actually going to have
a lot more options from an IT perspective of different ways
that we could solve this problem.
Mr. Rutherford. Very good. And I want to ask Mr. Hubbard
and Mrs. Moakler about, you know, the fact that educational
services, the oversight falls within VA benefits, and there has
been some discussion about some unique problems that that
creates.
And, Mr. Thrower, before they comment, do you see that as
an issue for IT that the oversight is under benefits as opposed
to education services? I mean, you work across different chains
of command anyway within VA, I am sure.
Mr. Thrower. I actually think it is a really good fit
within benefits, in fact, because of many of the other--at
least from an IT perspective, I look at many of the
capabilities we have delivered over the last few years have
been able to--have created certain services that are allowing
us to integrate capabilities across the Department.
The fact that we now, for instance, have an electronic e-
folder that consolidates and has in one place things like birth
certificates, marriage certificates, other critical documents,
that is now being--that can be used by education benefits or--
--
Mr. Rutherford. Different----
Mr. Thrower. --many of the other areas. This has been a
great benefit to us and is creating a lot of flexibility we
otherwise didn't have.
Mr. Rutherford. Okay, I am just about out of time.
Mr. Hubbard and Mrs. Moakler--Mr. Chairman, if they could
just briefly----
Mr. Bilirakis. Yes.
Mr. Rutherford. --answer--is that a problem for you? And,
Mrs. Moakler, I think you actually mentioned a legislative
issue that could help with some of this oversight; was that
correct?
Mrs. Moakler. Yes, but that was pertaining to the delay of
payment of the VA benefits to the colleges, who weren't
allowing the students to take advantage of re-registering for
the next semester or----
Mr. Rutherford. Just with that certificate?
Mrs. Moakler. Yes.
Mr. Rutherford. Yes, okay.
Mr. Hubbard?
Mr. Hubbard. I think it is an excellent question, Mr.
Rutherford, and thank you for addressing it, because I am
actually going to disagree a little bit with my colleagues from
VA on this one.
I have seen long-term the focus on outcomes is lost when
economic opportunity as an office is buried within benefits. I
believe there is an opportunity to perhaps elevate that office
as an issue area and provide some potentially preventative
medicine. We know that individuals who have a Bachelor's degree
or higher oftentimes have great success in life; we would like
to see more of that. And, unfortunately, I think the IT debate
highlights the fact that there is some perhaps disinterest
within the larger organization, not out of any particular
spite, but more by the fact that it is a huge organization of
more than 360,000 employees and, when you are talking about a
small subset of that, it is difficult to get the right
attention. I believe that there is definitely opportunity to
elevate that office.
Mr. Rutherford. And I agree with your focus on outcomes.
Thank you, Mr. Chairman. I yield back.
Mr. Arrington. No problem. I will recognize Mr. Correa for
5 minutes.
Mr. Correa. Thank you very much, Mr. Chairman. I just want
to thank the panel for being here. Very difficult issues, but I
appreciate you being forthright and honest about the challenges
that we have in front of us.
I am not going to get mad. I am not going to get angry over
the fact that we have these letters going out with these
mistakes causing confusion out there with the veterans.
Fourteen thousand approved institutions where veterans can get
their education services and as Mr. Hubbard said, we are not
focused on outcomes.
Just a couple of days ago, I was talking to a gentleman
that said, you know, Lou, you have a lot of these openings in
California for this huge construction project that we have got
coming online. We don't have the skill to train individuals,
building trades, the electricians, the specialists. We have got
the president talking about a trillion-dollar infrastructure
project coming online here early January, February, or at least
they initially start to discuss these projects. And, again, we
have got 14,000 institutions, I am wondering how many of those
are going to prepare our veterans for a good education.
Where do we go from here? It looks like we have challenges
in terms of turning this very complex agency department quickly
to address these issues on a timely basis. A question to all of
you is we thought about possibly employing social media to let
veterans know what the real information out there is, what they
factually are.
General *Worley.* Thank you, Congressman.
We have leveraged social media in a huge way with respect
to getting the word out. We have a Web site, as I mentioned in
my testimony. We have web pages dedicated to all the Colmery
Act provisions with links, for example, to the application if
you are a school closure--impacted by a school closure. We put
things on Facebook pretty much daily emphasizing certain
aspects, especially----
Mr. Correa. And what is the outcome then of, you know, I
have a daughter that is 17. I have got kids in their early 20s
and Facebook is where they live--not on web pages, but
Facebook.
General *Worley.* Facebook.
Mr. Correa. Have you gotten good response? And I am
thinking to myself, as you are trying to put out the good
information on Facebook, accurate information, you are sending
out letters that are inaccurate.
Creation will be of confusion out there if somebody sees an
official letter from your department versus something on
Facebook, maybe we ought to stop sending out those inaccurate
letters and focus on social media, getting out the right
information.
General *Worley.* And that is what we are doing. The
Facebook dialogue is continuous. And if you would like some of
the feedback about that, some of it is disgruntlement, quite
frankly, with the fact that, you know, the forever part only
starts 1 January of 2013. People that became eligible or were
discharged prior to that, in some cases, you know, have
concerns about that.
So, there is ongoing dialogue of various concerns. We are
trying to push out the information correctly. We are fixing the
letter problem. The C of E's, the initial letters will be fixed
this month and at least within a couple of months, we will have
the logic fixed for the award letters. Thank you.
Mr. Hubbard, I am running out of time, but Mr. Hubbard, I
just wanted to ask you to, and the rest of the panel to, engage
with us, with my office, with the others here and try to figure
out how to focus on outcomes, because, you know, this is not a
new problem. We have heard this over and over again when I was
in the state legislature in California. You are not training
our students for the right job openings and so how can we get
to that point where we are training veterans for, you know, 50-
, 60-, 70-, $80,000-a-year jobs when they come back stateside.
It is not rocket science. It is essentially putting one
opportunity in front of these veterans and making sure they are
ready to seize that opportunity. Whatever suggestions you have,
please; we are here to listen, sir.
Mr. Hubbard. Well, and thank you for that, Mr. Correa. I
think it is a great point.
We find that student veterans are making good decisions as
it pertains to their career paths when they have the right
information. If they are informed consumers and they know what
they are looking for and they see the long-term solution to it,
it is an easy decision.
Unfortunately, in a lot of cases, they are not getting the
right information and so that is why we are making such a
strong push to make sure that they get that.
Mr. Correa. I guess my question is--I have got six
seconds--is, why aren't they getting the right information and
how can we get them the right information?
Mr. Hubbard. Another very, very good point. And I think it
points to the fact that the Transition Assistance Program on
the DoD side of the House is, perhaps, worth taking a look at,
as well.
Mr. Correa. Mr. Chairman, I yield.
Mr. Arrington. I agree with that.
Mr. Banks, you are recognized for 5 minutes.
Mr. Banks. Thank you, Mr. Chairman.
General, great to have you back to the Committee once
again. Back in March, with the help of this Subcommittee, I
introduced the Veterans Success on Campus Act of 2017, which
would make a pilot program a permanent program. It was rolled
into the Forever GI Bill package, which we were very proud of.
And I wondered if you could give us an update today on--
maybe elaborate on the progress that the VA has made with the
program now that it is permanent. Have you seen more veterans
using it? I know it has only been a short period of time, but
have you started expanding the number of campuses? Can you give
us an overall update on how that is going?
General *Worley.* Thank you. As you know, Congressman, that
is--the VR&E is a separate office from me, but I can tell you
that from what I understand now, the Colmery Act codifies, as
you have pointed out, the Veterans Success on Campus is a
highly successful program. I believe it is at--serving about
90-some--over 90 campuses.
My understanding at this point is we don't have plans for
expanding the program this year. Beyond that, I would have to
take back any further status for the record.
Mr. Banks. Can you elaborate on the lack of planning for
expansion, as it was clearly a priority in the bill.
General *Worley.* We understand that, sir. I would have to
take that for the record and have the VR&E folks respond to
that for you.
Mr. Banks. We would appreciate some feedback on that in the
future. Appreciate that.
Could you also give us--provide some more information on
the performance of the VA Education Call Center in Oklahoma and
what type of training they are receiving on the legislative
changes that were enacted in the Forever GI Bill.
General *Worley.* They have received training on this from
the beginning, fact sheets and so forth, in order to be able to
respond appropriately. As you know, that is a big lift with 31
education provisions as part of it, some of them quite
complicated. And so we are--not only have rolled out the
scripts and those kinds of things for them to use, but then
continuing to evaluate and improve them as we go along.
Mr. Banks. Okay. That is all I got. Thank you very much.
Mr. Arrington. Thank you. Mrs. Rice, you are recognized for
5 minutes.
Ms. Rice. Thank you, Mr. Chairman.
So, if I can just say, it is not the fault of anyone here
on the panel, but this is why people have no faith in
government. You pass a historic bill like this and the agency
that is charged with implementing it doesn't have the tools it
needs to implement it and it is just insane. I mean, I just
don't understand that. I can't change something like taking out
a 15-year provision.
And I just--it is so disappointing that--maybe this is
something that we have to address with Secretary Shulkin, that
we have to do more to help him.
Can anyone--excuse my ignorance, but how long have you been
implementing it, over what period?
General *Worley.* The law was signed on August 16th of
2017, so we are about four months into the effort and----
Ms. Rice. Have you seen any increase in people applying,
understanding that there--they actually can apply now, thinking
that maybe before they couldn't or is it too early to calculate
that?
General *Worley.* Well, I guess it depends on which
population you are talking about. Some of it is just
information to get out, specifically, with respect to the--no
longer having a delimiting date for those that exit service
after 1 January 2013. Some of them are very targeted, as I
mentioned. There are two provisions within the school closure
piece; one of it is retroactive back to January 2015 so that we
can try to make whole, to some degree, those who were affected
by school closure, the ITTs and Corinthians, as we mentioned
earlier.
And we have put out communication to them. We developed the
application and put out the application and we are receiving
those and processing those requests as we speak. And as I
mentioned, we have already restored, I think it was 1800 or so
months of entitlement to people.
So that--several of the provisions, I mean, we are moving
out and getting the ones that are near term, taken care of.
Many of the provision are not affected until--effective until 1
August of 2018. So, it kind of depends.
And there are others that are targeted, such as the Purple
Heart recipients and those kinds of things, and the Fry
Scholarship. So we have pushed out communication, especially on
the near-term pieces to try to inform people as quickly as
possible that they may be impacted by a particular set--
provision or set of provisions.
And as was mentioned, we have armed-up the call center and
we are putting it out on all of our social media and those
types of things. So, we are trying to get the word out.
Ms. Rice. Just one question. One part of the bill required
the VA to provide educational and vocational counseling
services for certain individuals at locations on institutions
of higher learning campuses, as selected by the VA. Next to
this on the sheet that we have, it says ``no action needed.''
So, you find that the counseling is sufficient or maybe I am
not understanding that?
General *Worley.* You may be referring to the provision
Congressman Banks was mentioning about VSOC, codifying the
VSOC, Veterans Success on Campus, counselors. So, those--that,
again, at this point, I am not aware of any plans this fiscal
year for expanding the VSOC counselors on campus, but I will
take that and back----
Ms. Rice. But, did--is that one of the things that you said
that you recently spoke to Secretary Shulkin about the things
that you would need to implement this bill. Is that one of
them?
General *Worley.* No, ma'am. The specific provisions I was
briefing Secretary Shulkin on had--were all the education, the
ones that fall within my office, the education service-related
ones; 31 of the 34 provisions in the law are being implemented
by my office. There are three provisions that have to do with
VR&E, and that is one of them. So----
Ms. Rice. So, who is responsible for implementing that?
General *Worley.* There is a counterpart colleague of mine,
Mr. Jack Kammerer, who is the director of VR&E for the VA.
Ms. Rice. So no one here can answer that?
General *Worley.* I will have to take that back.
Ms. Rice. Okay. Thank you.
General *Worley.* Yes, ma'am.
Mr. *Bilirakis. [Presiding.] Thank you. I talked to the
Ranking Member and he agrees we should have a second round. If
you guys are okay with that, we want to proceed.
So, I want to thank you again for being here and then
providing the benefits for our heroes. What they have earned
and deserved has always been my top priority in the United
States Congress.
With that, I want to ask the general, I think that it is so
very important--and I think all of us agree on this--for us and
those watching at home to hear how the improvements we made in
the Veterans Education Assistance Act of 2017 are being
implemented. Again, Ms. Rice alluded to that and the status of
these reforms.
So, my first question is related to my bill, the Veteran
Act, which was incorporated into the overall bill that was
signed into law in August. My provision would provide the VA
necessary funding and resources to update its information-
technology systems, to improve the timeliness and accuracy for
processing of claims for educational benefits. My provision
directed the VA to submit within 180 after the enactment of
this act, a plan to implement such improvements.
So, my question is, can you discuss what efforts, General,
thus far, have been made in this effort? Are there initial
hurdles or barricades to get this section implemented,
specifically this section? Is the VA on track to submit this
plan to Congress with the timeframe, the 180-day timeframe of
enactment? If you could answer that, I would appreciate that.
General *Worley.* Mr. Chairman, that is one of many of the
provisions that I mentioned that, obviously, require IT effort
that will happen in the future and I will defer to my
colleague, Mr. Thrower from the Office of IT if that is okay.
Mr. Thrower. You know, in terms of how, you know, planning
all of that, what we are doing to automate systems across the
board, we have been analyzing the provisions of this act and
looking at the status of all systems within the education realm
that we manage. We have been building a plan to show the
transition that we are looking at over the next few years and
we are on track to provide you that report in, I believe, this
February.
Mr. Bilirakis. This February?
Mr. Thrower. Is that the 180 days? I believe it is.
Mr. Bilirakis. Within the 180 days? It is pretty close. I
would say I think it is within the 180 days. Okay. Well, we are
going to hold you to that.
Let me go ahead and get on to the next question. Can you
explain why the VBA, again, the general, VBA Education Services
needed to hire 200-plus additional temporary workers to
manually process claims because the IT system are not able to
automatically process the claims?
General *Worley.* Yes, Mr. Chairman.
And there are probably two or three categories. So, I
mentioned in my oral testimony, specialized teams. So, there
are certain aspects of the Colmery Act that cannot be processed
within in the current automation without huge, huge changes.
And I would point out the STEM Scholarship is one of those
provisions because it is not just nine additional months of
benefits; there are parameters associated with the STEM
Scholarship with respect to who is eligible, how much of a
program you have completed--it is a program of greater than 128
hours--and you can only go up to $30,000 per individual.
So, there are many parameters that are, what we would say,
outside of the system, for processing those claims. We need
probably around 40 to 50 people as a team, is our estimate
right now, just to process who we think would be eligible under
that STEM Scholarship program.
Another one has to do with, in the more near term, is the
School Closures Act. We are trying to hire 27 people right now
and we have got--we are in the hiring process as we speak to
work the school closures pieces of that. These claims that are
coming in are essentially manually processed. As we get the
applications, they have evaluated by people, by our claims
examiners, our more experienced claims examiners and processed
and put into the system through those means.
So, there are two or three specialized teams that we have
to put together that consist or makes up a fairly significant
part of that 200 and then the rest of that 200 will be put at
our regional processing offices as augmentation to the claims
examiners that are there today in order to provide the manual
workarounds that we have to do until the IT comes onboard. So,
it is just additional people-power, if you will, so that we can
try to maintain the timeliness that we have today and not get
into delay situations that you may have heard about.
Mr. Bilirakis. So, when we implement the IT portion, which
is the Veterans Act, my bill, you think we will see
improvements?
General *Worley.* Absolutely.
Mr. Bilirakis. Okay.
General *Worley.* Because you are talking about automating
original claims process. Absolutely.
Mr. Bilirakis. All right. Very good.
I will yield to the Ranking Member, Mr. O'Rourke, for 5
minutes.
Mr. *O'Rourke.* Thank you, Mr. Chairman.
And I have a few questions for General Worley. Before I do,
this will be my last opportunity to do this, because he is
moving on to the next stage in his career, but as with many of
the Members of Congress, I have the benefit of being able to
work with a military fellow who comes to our office for a year
and helps us to better understand the issues on this Committee,
on the other Committee on which I serve, House Member Services.
Captain Mark Walden has just been a pleasure to work with
and gives me a lot of faith and confidence in the quality of
Americans that we are recruiting and who enlist and we just
wish you much luck in these next steps in your career and it
adds a little bit to the urgency that we have in this job and
our responsibility to make sure that we are following through
on our commitments and our obligations here. So, I just wanted
to publicly acknowledge your service and thank you for working
with us this year.
General Worley, when you were asked by Mr. Correa about
outreach on social media, you had earlier given us the stat
about 8,000 beneficiaries that you are trying to reach out to
that have been subject to these school closures and we want to
make sure that we are connection them with the resources that
they need to finish their academic studies.
You said 200 or so have been helped so far. What does that
tell you on this issue and on the issue about having to wait
another three months to correct the 15-year delimiting
statement? Help me understand your urgencies around these
issues and whether you see this as a problem, if this is what
you expected, and that might go so ways towards setting our
expectations on the Committee. It seems like a low number to
me; if there are 8,000 and only 200 have been helped.
General *Worley.* I would just respond to that by saying
the initial notice went out on November 9th, so we are, what,
five weeks into the process in terms of--and, again, that
doesn't mean that is the first communication; we have been
trying to flood the pipes with communications across the board
on all of these provisions, especially the near-term ones--but
I think it is--quite frankly, I think it is too early to tell
whether that is a low number or a high number. We will continue
to, of course, you know, take these in, process them as quickly
as we can and if we need more communication or need to reach
out to the 7,000--whoever hasn't responded yet, we will do
that.
I don't know that it is realistic to expect that we will
get 8,000 applications because, quite frankly, the hope is that
the information that is out there would be sufficient for
people to look at it and make their own choice, whether they
think they are eligible or not. And we always encourage people
to submit a claim if there is any question as to their
eligibility. But--especially, with respect to this school
closure.
If you have transferred credits to a comparable program,
then you are not eligible for restoral of your benefit between
January 2015 and the implementation of the Colmery Act.
So, we are happy to make that decision once you have given
us the information on the application and inform you of that,
but there may be people that understand that and just don't
apply.
Mr. *O'Rourke.* We are, God-willing, all going to be here a
year from today, still in these same positions. What will we be
likely talking about at that point if the Chairman decides to
hold a hearing on this Forever GI Bill one year after the last
hearing? Are we resolved on all these open issues? Do you have
confidence that the 22 of 34 IT modifications will have been
completed, the $70 million that you need to do this effectively
spent, at least, for that part that has been budgeted?
What do you think we can anticipate a year from now?
General *Worley.* I would love, in a year from now, to
certainly have all the letter issues squared away. I don't
think--what I hope to say in a year--and Mr. Thrower can back
me up on this--that we have done the work to get off the
benefits delivery network--the 50-year-old benefits delivery
network as a platform for paying and doing a number of other
things with respect to education benefits, that Sections 107
and 501 are fully and purely and perfectly implemented.
We won't, in a year, be able to say that all the rest of
those IT requirements are met, so I hope to be saying in a year
that we have those funded and in a timeline that OIT is working
through over the following year, but I will let Mr. Thrower
comment on that.
Mr. Thrower. I think that is a pretty accurate statement. I
think, you know, as I say, we are looking--we have been
balancing priorities here. We started an effort before this Act
was enacted to eliminate a major legacy problem within our
environment. And so when this Act was--and, in fact, education
services is the number one priority within OIT, as relates to
the Veterans Benefits Administration in uplifting services.
Dealing with that legacy issue will provide us a great deal
of agility to be able to make that kind of quick changes you
are talking about long-term; we are trying to fix that. That
will largely be done at the end of this fiscal year.
In the meantime, you know, what we will have published is
we--and working together with General Worley and the education
team, we identified those critical things that we absolutely
had to do within an IT solution now----
Mr. *O'Rourke.* Yeah.
Mr. Thrower. --in order to make this work. And so we have
integrated that within the same program that is doing the
decommissioning work, which is a balance that we have to make
to be able to do that.
We are looking very hard at managed-services solutions
versus in-house development solutions. I will say that, you
know, we are hoping that, say, October 1 of next year, we will
have--well, next spring we will make a decision of which
direction we wish to go. We will be in the throes of
implementation of all of the other provisions a year from now,
down the path that we will have determined in the spring and
probably execute in the beginning of October.
Mr. *O'Rourke.* I appreciate that and thanks in advance for
all the work that you are going to do on all that.
You know, I, for one, don't have the subject-matter
expertise on all this, including the IT fix and other parts of
the IT problems, and I just know from past experience that GAO
has been so helpful to me in understanding and kind of
providing a check and a third-party scrutiny on the commitments
and the performance and I hope that we can get some help from
GAO. Not in any way to say that I have a lack of confidence,
because I don't--you all have been very helpful and very
professional in implementing this--I just think given the group
of veterans that we are talking about and the necessity of
implementing this successfully, I just want to make sure that
we have, you know, the greatest oversight possible that will
help us to do our job.
Thank you, Mr. Chairman, for letting me go over my time.
Mr. Bilirakis. Oh, absolutely.
I understand the doctor doesn't have any questions; is that
right?
Okay. Then we will move to Mr. Correa; you are recognized
for 5 minutes--no questions? Okay.
I have one question and then I am going to ask the Ranking
Member if he wanted to make any more comments. The question is
for Ms. Moakler. In your testimony, you described a situation
where some students are demanding payment--the schools are
demanding payment of tuition and fees and the VA has delayed in
the payments, what have you. What can be done to address this
issue so that students are not negatively impacted by school
and VA delays?
Ms. Moakler. Well, what we are asking for are the
protections for those receiving VA benefits that are already
out there for those who are receiving Title IV benefits. So, if
a Pell Grant payment is late, the student is not penalized.
They can still go on. They can register for another semester of
classes or what have you, because whatever certificate of
eligibility they get for their Pell Grant is held as a receipt
of payment, as it were.
But with the VA, many schools do not look at that
certificate of eligibility as a payment. They want the payment
in hand, and so that causes a hardship for my students.
Mr. Bilirakis. Yes, so, give me an example of the hardship,
because this is unbelievable. It is unacceptable that they----
Ms. Moakler. Because the----
Mr. Bilirakis. Tell me what is the penalty in a lot of
cases.
Ms. Moakler. The student--the institution of higher
learning will start dunning the student for payment and ask
them to take out a loan to cover that period between when the
university required the payment and when the VA makes the
payment.
Mr. Bilirakis. Yeah.
Ms. Moakler. And so, then, the student is stuck with
those--that loan.
Mr. Bilirakis. And they have that added stress----
Ms. Moakler. They do.
Mr. Bilirakis. --which they should not have.
Ms. Moakler. They do.
Mr. Bilirakis. So, that is the real-life scenario and we
have got to do something about that. So, I appreciate you
answering the question.
Well, I want to ask the Ranking Member if he had any
comments, otherwise----
Mr. *O'Rourke.* Mr. Chairman, I don't. Thank you for
helping to hold the hearing today and thank you all for
testifying and for answering all our questions.
Mr. Bilirakis. Okay. If there are no other questions--
anyone have any other questions? If there are no other
questions, I want to thank the witnesses for their testimony,
for answering all the questions.
We all understand the importance that the passage of this
Forever GI Bill will have for future generations of veterans to
come. We really did great work in this Committee and I thank
the Chairman, the full-committee Chairman, as well, which is
why it is so vital, again, it is so vital that we get
implementation right the first time, as Ms. Rice said.
We will continue to work with the VA and receive regular
updates on how the process is moving along. I ask you, General
Worley and your staff to not hesitate, to let us know if you
are lacking the resources that you need to get this right.
And we will also continue to work with the veterans, the
groups like SVA and TAPS and rely on you. Please, we are
relying on you to keep your ears on the ground and keep us
abreast with any concerns you are hearing from the membership
and as you work with VA in the coming months and years.
I would ask unanimous consent that all Members have 5
legislative days to revise and extend their remarks and include
extraneous material. Without objection, so ordered.
Finally, I would like to publicly congratulate Mr. Hubbard
on his promotion to the rank of staff sergeant in United States
Marine Corps Reserves. Congratulations, sir.
Thank you, Mr. Hubbard, for your continued service to our
country and semper fi.
This hearing is now adjourned. Thank you. I need the
gavel--oh, here it is--thank you very much, appreciate it.
[Whereupon, at 3:15 p.m., the Subcommittee was adjourned.]
A P P E N D I X
----------
Prepared Statement of Robert M. Worley II
Good morning, Mr. Chairman, Ranking Member O'Rourke, and other
Members of the Subcommittee. I am Robert Worley, Director of Education
Service, and I am pleased to be here with you today to discuss the
implementation of the Harry W. Colmery Veterans Educational Assistance
Act of 2017 (Colmery Act), or as it's more commonly referred to, the
Forever GI Bill. Accompanying me today are Mr. Lloyd Thrower, Office of
Information & Technology (OI&T), Account Manager, Benefits Portfolio,
and Mrs. Charmain Bogue, Deputy Director, Education Service, Veterans
Benefits Administration (VBA).
Colmery Act
On August 16, 2017, the President signed into law the Colmery Act
(Public Law 115-48), which includes the most comprehensive changes to
GI Bill benefits since enactment of the Post 9/11 Veterans Educational
Assistance Act (Post 9/11 GI Bill) in 2008. Specifically, the Colmery
Act enhances access and availability to educational benefits for
eligible Veterans through several technical adjustments, calls for
investment in information technology (IT) systems, and fundamentally
changes the way we view the GI Bill. The Colmery Act has become known
as the Forever GI Bill because of its most recognized feature - the
removal of the 15-year time limitation for Veterans who transitioned
out of the military after January 1, 2013, and eligible dependents, to
use their Post-9/11 GI Bill benefits. The law also restores benefits to
Veterans impacted by school closures since 2015, and expands benefits
for certain Reservists, surviving dependents, and Purple Heart
recipients among other improvements.
The importance and complexity of the Colmery Act led VA to
establish a Program Executive Office (PEO) comprised of business-line
managers, management analysts, individuals with program and project
management experience, and contract support. The office is responsible
for monitoring and coordinating all Forever GI Bill implementation
activities. VA also awarded a 12-month Program Management contract in
September to provide the PEO with expertise in IT, training, and
communications.
Twenty-two of the law's thirty-four provisions require significant
changes to our IT systems. OI&T is committed to providing a solution to
the most pressing of these - Sections 107 and 501 - which change the
way VA pays monthly housing stipends by aligning payment to the
location where students physically attend the majority of their classes
and removing the one percent reduction exemption on GI Bill stipends.
An IT solution for these sections is part of VA's commitment to
continue automating the education claims process and delivering timely
payments to Veterans and beneficiaries. The importance of this cannot
be overstated - since fiscal year (FY) 2013, VA has processed an
average of four million claims per year. In FY 2017, the average time
to process all education claims was approximately 25 days for original
claims and nine days for enrollment certifications.
To support the additional claims VA anticipates as a result of the
Colmery Act, and to assist with the standing up of new initiatives like
the Edith Nourse Rogers STEM Scholarship, VA is establishing
specialized teams with experienced claims processors and is
reallocating more senior staff to account for increased workload. In
addition, VA has begun hiring 200 temporary employees in the field who
are expected to be on board by May 2018.
Date of Enactment Provisions
VA has taken significant steps in the four months since the Colmery
Act was enacted to implement thirteen provisions that were effective
immediately, and has begun a multifaceted outreach campaign to
highlight and promote the changes to Veterans and beneficiaries.
In November, VA conducted extensive outreach through social and
traditional media outlets. On November 19, VA held a Forever GI Bill
Twitter Town Hall that reached over 170,000 users. VA has also been
leveraging its GI Bill Facebook to share updates, highlighting the
removal of the delimiting date for using Post 9/11 GI Bill benefits,
its new authority to restore entitlement in the event of school
closures, and the permanency of the work-study program. On the web, VA
created a new site that is regularly updated with information,
resources, and Frequently Asked Questions for provisions with the most
immediate impact on Veterans and beneficiaries, such as the expansion
of independent study programs.
VA sent two mass e-mails to 1.2 million stakeholders emphasizing
what changes have been made, and what further changes are coming as
additional provisions, including those giving Purple Heart recipients
full entitlement to the Post 9/11 GI Bill and extending the Yellow
Ribbon Program to Purple Heart and Fry Scholarship recipients, go in
effect on August 1, 2018. VA briefed stakeholders such as School
Certifying Officials and representatives from Veterans Service
Organizations on the Colmery Act and encouraged them to help VA get the
word out about GI Bill enhancements. On November 29, VBA's Deputy Under
Secretary for Economic Opportunity conducted interviews with 23 radio
and TV stations reaching millions of viewers. By all accounts, the
interviews were positive and well received. These interviews presented
yet another opportunity to discuss the Colmery Act and its impact on
Veterans and beneficiaries, and also encouraged all interested Veterans
and dependents to contact VA for more information on Education
benefits.
VA had already started working on those provisions taking effect
upon enactment, so that Veterans and beneficiaries could take advantage
of the expanded benefits. VA also notified nearly 8,000 beneficiaries
that they may be potentially eligible for restoration of entitlement
under a Special Application provision. To date, VA has received and
processed over 250 applications and restored entitlement to 192
beneficiaries. VA is committed to restoring entitlement to all eligible
Veterans and beneficiaries and encourages those who may be eligible to
apply at www.benefits.va.gov/GIBILL/ForeverGIBill.asp.
VA has started to notify nearly 3,200 Veterans, who lost their
Reserve Educational Assistance Program (REAP) eligibility due to the
program's sunset, that they now have the option to make an irrevocable
election to have their eligible active duty service periods used to
establish Post-9/11 GI Bill eligibility. Affected Veterans are
receiving information and guidance on what the election means to their
benefit entitlement and future use, and are given the option to have VA
contact them if they need further assistance before making an election.
The most notable and recognized change by the Colmery Act is the
removal of the 15-year time limitation to use the GI Bill benefit. This
is a powerful statement to millions of Veterans that education and
training is the key to their economic future today and tomorrow.
Recognizing this, VA OI&T is working closely with Education Service to
review and update all outgoing letters and material that features a
delimiting date, so that Veterans and beneficiaries are properly
informed of the lifetime benefit.
VA also performed a data analysis of Marine Gunnery Sergeant John
David Fry Scholarship recipients, and found that three beneficiaries in
FY 2017 and eight in FY 2018 would no longer see that entitlement
expire as a result of the Colmery Act. VA contacted each of these
individuals to explain the steps to continue to use this benefit.
The provisions mentioned above were the most impactful to Veterans
and beneficiaries, but numerous others also required immediate VA
action. VA is still assessing the provision concerning the amount to
provide State Approving Agencies (SAAs), and will support the GAO study
on SAA funding and approvals. VA has also notified SAAs that they may
authorize independent study programs at certain educational
institutions that are not institutions of higher learning, like career
and technical education schools.
In November, VA announced 12 new members to its Veterans Advisory
Committee on Education, to be chaired by former U.S. Senator James H.
Webb and co-chaired by Jared Lyon, the President and Chief Executive
Officer of Student Veterans of America. The Colmery Act extends the
Committee's authority to FY 2022.
VA is compiling and analyzing data on student progress and will
soon deliver an implementation plan outlining IT system improvements to
maximize the automation of educational claims processing.
In order to provide information on whether schools offer priority
enrollment to Veterans, Digital Services is partnering with Education
Service to collect school data for display on the GI Bill Comparison
Tool.
VA's Compensation Service has also identified an initial group of
Veterans that may now be eligible for disability compensation because
of full-body exposure to nitrogen mustard gas or lewisite during World
War II, and is establishing a work-group to process these claims.
A few provisions of the Colmery Act align with policies and
procedures already in place. Examples include codification of the
VetSuccess on Campus program, allowing Veterans participating in the
Vocational Rehabilitation and Employment program to extend eligibility
if called to active duty in certain cases, and providing School
Certifying Officials additional flexibility when a course start date
does not align with that of an academic term.
Looking Ahead
VA is working hard to successfully implement the Colmery Act in a
prudent and timely manner, but a great deal of work remains with 18 of
the 34 provisions. VA has already started revising regulations,
articulating communications plans, and building operational models
toward smooth and functional implementation.
VA looks forward to continuing to work with Members of this
Committee and the Congress on these efforts.
Mr. Chairman, this concludes my statement. Thank you for the
opportunity to testify before the Committee today. We look forward to
responding to any questions from you and Members of the Committee.
Prepared Statement of William Hubbard
Chairman Arrington, Ranking Member O'Rourke and Members of the
Committee:
Thank you for inviting Student Veterans of America (SVA) to submit
our testimony on the modernization of the GI Bill and other pending
legislation. With nearly 1,500 chapters representing over 1.1 million
student veterans in schools across the country, we are pleased to share
the perspective of those directly impacted by the subjects before this
Committee.
Established in 2008, SVA has grown to become a force and voice for
the interests of veterans in higher education. With a myriad of
programs supporting their success, rigorous research on ways to improve
the landscape, and advocacy throughout the Nation, we place the student
veteran at the top of our organizational pyramid. As the future leaders
of this country, fostering the success of veterans in school is
paramount in their preparation for productive and impactful lives
following service in the military.
Signed into law on August 16th, 2017, H.R. 3218-commonly known as
the Forever GI Bill-made \1\history \2\. As one of the most significant
pieces of higher education legislation to occur this century, millions
of service-affiliated students will have greater access to education
and training thanks to the efforts of this Committee and the 115th
Congress. We would like to share some brief history and intent of the
legislation from our perspective, which was truly a case-study in
partnership and bipartisan discussion. In 2016, Student Veterans of
America recognized the importance of sustainability in programs driven
by outcomes, and fueled with data-driven decision-making.
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\1\ 115th Congress (2017). HR 3218, https://www.congress.gov/bill/
115th-congress/house-bill/3218
\2\ Gross, Natalie (2017). Military Times. ``Trump signed the
`Forever GI Bill.' Here are 11 things you should know'', https://
www.militarytimes.com/education-transition/education/2017/08/16/trump-
signed-the-forever-gi-bill-here-are-11-things-you-should-know/
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Last year, we saw that it was time to stop playing defense against
budget threats on the GI Bill, and instead to protect it for all
generations of veterans to come. We acknowledge that student veterans
are among the most successful students in higher education today. Based
on our research, the National Veteran Education Success Tracker (NVEST)
\3\, we demonstrated that the investment our country is making in the
education of veterans has an incredible impact on all service-
affiliated students, as well as the Nation's ability to maintain global
leadership.
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\3\ Cate, C. A., Lyon, J. S., Schmeling, J., & Bogue, B. Y. (2017).
National Veteran Education Success Tracker: A report on the academic
success of student-veterans using the Post-9/11 GI Bill. Washington,
D.C.
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The Forever GI Bill includes dozens of solution-oriented provisions
such as work-study authorization; science, technology, engineering, and
math (STEM) scholarships; removal of the time limit; and many others
which increase access to education. The new law also addresses
inequities of this earned benefit and looks forward to the future well
beyond our own generation. We are proud to have played a part in
advocating for its passage. We have entered a new era of education for
veterans-one where we no longer consider the GI Bill as a ``cost of
war'', but more powerfully a right of service.
The bill was frequently referred to as one of the most bipartisan
pieces of legislation ever to pass through congress, both in co-
sponsorship and votes, as well as formulation and negotiated text. We
also must acknowledge a special thanks to the following organizations
that composed the ``Tiger Team'' who worked closely with the Veterans
Affairs Committees in making the passage of this bill a reality:
Veterans of Foreign Wars, American Legion, Vietnam Veterans of America,
Tragedy Assistance Program for Survivors, Got Your 6, and the Military
Order of the Purple Heart.
As leading advocates for the bill, we are committed to the complete
and timely implementation of the law. With that interest in mind, we
thank the Committee for this opportunity to highlight several key areas
of success, as well as some areas with room for improvement. We applaud
the Department of Veterans Affairs (VA) and their dedicated staff for
demonstrating great initiative in implementing the Forever GI Bill,
especially their very public communications effort to make those
affected aware of upcoming opportunities.
Prior Gaps in Access. There were several key components
of the Forever GI Bill aimed at addressing critical gaps in education
benefits for those who earned them, but were not eligible due to
various bureaucratic nuances. Four populations were identified that
required specific changes to address these gaps, including Purple Heart
recipients, Fry Scholarship recipients, National Guard and reserve
members with 12304b orders, and students of closed schools.
We anticipate coordination between the Department of Defense (DoD)
and VA on exchanging a database of Purple Heart recipients to be cross-
referenced with current GI Bill eligibility, with a targeted
communications effort to follow. We maintain concern over the validity
of the contact information for those affected, and encourage VA to work
closely with the Military Order of the Purple Heart-also an original
Tiger Team member-in messaging this new change \4\.
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\4\ Military Order of the Purple Hear, http://www.purpleheart.org/
Mission.aspx
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Two commonsense solutions in the law include affording Fry
Scholarship recipients access the Yellow Ribbon Program and benefits
eligibility for National Guard and reserve members who served under
12340b orders. In both instances, a change to the IT rules may be
necessary, though we anticipate some manual processing of these
individual cases. We strongly encourage VA to consider automating these
benefits to avoid any delays once the changes go into effect by August
1, 2018.
Until Forever GI Bill, student veterans attending schools with
unexpected closures were the only students in higher education with no
reasonable recourse to recoup their benefits. The most prolific
examples included the closure of the Corinthian Colleges and ITT
\5\Tech \6\. Unfortunately, thousands of student veterans were
adversely affected due to the poor performance of these schools, and we
applaud VA for producing an application for these students to apply for
restoration of their benefits.
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\5\ Hefling, Kimberly. POLITICO, (2015). ``Vets snared in for-
profit college collapse want GI Bill money back''. https://
www.politico.com/story/2015/07/veterans-gi-bill-for-profit-colleges-
119697
\6\ Absher, Jim. Military.Com (2016). ``ITT Tech Closes All
Campuses, Affecting Nearly 7,000 Veterans''. https://www.military.com/
daily-news/2016/09/06/itt-tech-closes-all-campuses-affecting-nearly-
7000-veterans.html
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We are concerned that so few students have applied for the
restoration of benefits under the school closure provision since the
notice from VA went live to these students \7\. Similar to our concerns
with reaching eligible Purple Heart recipients, the integrity of
contact information within the VA system may not be reliable. We
encourage VA to partner with external organizations such as Student
Veterans of America and others to reach the widest audience possible.
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\7\ VA estimates that approximately 250 of the roughly 7,000
potentially affected students have applied to have their benefits
restored.
Edith Norse Rogers STEM Scholarship. This provision
originated from H.R. 5784 in the 113th congress, the GI Bill STEM
Extension Act, a bipartisan bill co-sponsored by Rep. David McKinley
(WV-1) and Rep. Dina Titus (NV-1). \8\ We were a proud partner in the
formulation and advocacy of this effort, and are pleased to see it as a
law. At present, the implementation of this provision is unknown,
despite being one of the most high-profile provisions. Student veterans
consistently cite this as a component of Forever GI Bill with which
they have the greatest interest.
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\8\ 113th Congress (2014). H.R. 5784, https://www.congress.gov/
bill/113th-congress/house-bill/5784/cosponsors
We encourage this Committee to pay special attention to the
implementation of this provision, as it represents one of the most
significant contiguous investment of resources in the new law.
Additionally, the long-term return on investment of this provision has
the potential to impact our country's overall national security
posture, with STEM-educated professionals needed now more than ever.
\9\
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\9\ Coleman, Kevin. C4ISRnet (2017), ``Is the STEM shortage a
national security issue?''. https://www.c4isrnet.com/opinion/the-
compass/net-defense-blogs/2017/04/17/is-the-stem-shortage-a-national-
security-issue/
Modernizing Through Innovation. We worked closely with
House Majority Leader, Rep. Kevin McCarthy (CA-23) and his office to
support the inclusion of this provision. Today, higher education as an
industry is not reacting to the changes in modern technology, and
adapting to a new generation of students which are a majority non-
traditional learners. Some sectors of the industry have adapted quicker
---------------------------------------------------------------------------
than others, while many schools lag behind.
This provision represents a recognition that innovation in higher
education must be in concert with new technologies, and with a focus on
the future economy. We anticipate VA publishing a solicitation for bids
to contract the education providers afforded under this provision. We
offer our support to VA on the development of criteria to determine the
selection of those contractors, noting the potential for bad actors to
have a high interest in participating in this program. We encourage VA
to identify rigorous standards that prevent poor quality providers from
participating.
One GI Bill for All Generations. When we first conceived
of the idea of one GI Bill for all future generations of veterans, we
did it with the intent of protecting the long-term viability of the
program. We heavily encourage this Committee and congress to make data-
driven decisions based on the return on investment of all government
programs. From the original implementation of the Post-9/11 GI Bill to-
date, student veterans have demonstrated that they are some of the most
high-performing students in higher education today, highlighted by
their record 72% success rate. \10\
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\10\ Cate, C. A., Lyon, J. S., Schmeling, J., & Bogue, B. Y.
(2017). National Veteran Education Success Tracker: A report on the
academic success of student-veterans using the Post-9/11 GI Bill.
Washington, D.C.
One of the first organizations we approached with the concept of
the Forever GI Bill was Vietnam Veterans of America, who's core motto,
``Never again will one generation of veterans abandon another''
resonating strongly with us. \11\ We believe the removal of the 15-year
limit helps to secure this benefit for future generations, and
encourage VA to require all outgoing Certificates of Eligibility (CoE)
to reflect the removal of the delimiting date. No veteran should
receive a certificate with a time limit on their benefits if they are
eligible for the ``Forever'' provision.
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\11\ Vietnam Veterans of America, https://vva.org/who-we-are/about-
us-history/
Overall Implementation Concerns. As the Forever GI Bill
was being developed, it became increasingly clear that implementation
costs, particularly IT changes and upgrades, would be a significant
driver of cost. We applaud Rep. Gus Bilirakis for proposing the
inclusion of a $30 million authorization for VA to make the necessary
changes. \12\ More recent estimates for the full implementation of the
law are approximately $70 million \13\. We have major concerns on
whether or not the offices implementing this law are receiving adequate
resources to execute this overhaul.
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\12\ 115th Congress (2017). H.R. 1994, https://www.congress.gov/
bill/115th-congress/house-bill/1994
\13\ Estimated total cost of implementation based on discussions
with senior VA officials.
As a function of VA's structure, the IT budget is a single
consolidated resource, often leaving comparatively smaller programs
without the resources needed to serve their customers as effectively as
they desire. This highlights a long-standing challenge in maintaining
the Office of Economic Opportunity under the Veterans Benefits
Administration, and is worth consideration for an Under Secretary-level
representation within VA. Our major interest is in avoiding processing
and payment delays similar to those that occurred in 2009, and we look
forward to working with VA and this Committee on supporting timely
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implementation of this law.
The Forever GI Bill represents a significant shift in education for
veterans, and in higher education in general. More important than
inputs and outputs are outcomes-that is more apparent today than ever;
the GI Bill is an American success story because it has demonstrated
results. As President Thomas Jefferson said in 1808, ``The same
prudence which in private life would forbid our paying our own money
for unexplained projects, forbids it in the dispensation of the public
moneys.'' \14\
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\14\ Washington, Henry. (1859) Joint Committee of Congress on the
Library, ``The Writings of Thomas Jefferson: Correspondence''. Pg 301,
https://play.google.com/books/
reader?printsec=frontcover&output=reader&id=RixNn3jbISYC&pg=GBS.PR1
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In some instances, such as the high cost of low quality flight
schools, those outcomes have come into question. \15\ While many flight
schools deliver high quality programs, several predatory programs have
used the contract loophole to exploit veterans for their GI Bill
tuition. With the implementation of Forever GI Bill, we raise the
question, ``who should be allowed to play in GI Bill land?''; consider
the precedent of the VA home loan program-many banks do not qualify for
these loans due to the rigorous and strict standards, leading to
outcomes impressive by any standard.
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\15\ Haress, Chris. (2016), International Business Times. http://
www.ibtimes.com/gi-bill-flight-school-benefits-could-be-slashed-
congress-amid-tuition-loophole-2294612
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Furthermore, there have been schools with poor outcomes declared
unapproved by State Approving Agencies such as Ashford University. \16\
The measure of whether or not schools should be allowed to participate
in this GI Bill of the future should be outcomes. Student veterans view
approval for VA funding as a declaration of academic quality, which it
presently is not. We respectfully request that this Committee host an
informal roundtable discussion on several of these topics identified in
this testimony early in 2018. We would hope to address several of our
concerns in greater detail, with the opportunity to further research
some of the topics identified in this hearing.
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\16\ Halperin, David. (2017), HuffPost. ``Bridgepoint SEC Filing
Raises Questions About Continued Federal Funding''. https://
www.huffingtonpost.com/entry/bridgepoint-sec-filing-raises-questions-
about-continued--us--5a0b3a78e4b06d8966cf3318
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We thank the Chairman, Ranking Member, and the Committee members
for your time, attention, and devotion to the cause of veterans in
higher education. As always, we welcome your feedback and questions,
and we look forward to continuing to work with this Committee, the
House Veterans' Affairs Committee, and the entire congress to ensure
the success of all generations of veterans through education.
Prepared Statement of Moakler
Tragedy Assistance Program for Survivors
The Tragedy Assistance Program for Survivors (TAPS) is the national
nonprofit organization providing compassionate care for the families of
America's fallen military heroes. TAPS provides peer-based emotional
support, grief and trauma resources, grief seminars and retreats for
adults, Good Grief Camps for children, casework assistance, connections
to community-based care, online and in-person support groups and a 24/7
resource and information helpline for all who have been affected by a
death in the Armed Force. Services are provided free of charge.
TAPS was founded in 1994 by Bonnie Carroll following the death of
her husband in a military plane crash in Alaska in 1992. Since then,
TAPS has offered comfort and care to more than 70,000 bereaved
surviving family members. For more information, please visit
www.TAPS.org.
TAPS currently receives no government grants or funding.
Kathleen Moakler
Kathleen joined TAPS in 2015 and is honored to work with America's
frontline resource offering compassionate care for all those grieving a
death in the Armed Forces. She works with policy makers as well as
military and veteran advocacy organizations to ensure that surviving
families' benefits and support services are protected and surviving
families receive the most up-to-date information on any changes to
their benefits. Kathleen comes to TAPS with 20 years of military family
advocacy experience including protecting and enhancing surviving
military family benefits, serving as past co-chair of the Survivor
Program Committee for the Military Coalition, sitting on the DoD/VA
Survivors Forum, and testifying numerous times before Congress on
behalf of surviving military families. She also represented military
families on the Congressionally-mandated Department of Defense (DoD)
Military Family Readiness Council.
An active duty and retired Army spouse for over 40 years, she holds
a Bachelor of Science degree in Business Administration from the State
University of New York at Albany. Mrs. Moakler was honored to receive
the Gold Star Wives of America 2015 Award of Excellence. Parents of
three adult children and grandparents to two military kids, Kathleen
and her husband, Colonel Martin W. Moakler Jr. USA (retired), reside in
Alexandria, Virginia.
Chairman Arrington, Ranking Member O'Rourke and distinguished
members of the Economic Opportunity Subcommittee of the House Veterans'
Affairs Committee, the Tragedy Assistance Program for Survivors (TAPS)
thanks you for the opportunity to make you aware of issues and concerns
of importance to the families we serve, the families of the fallen.
While the mission of TAPS is to offer comfort and support for
surviving families, we are also committed to improving support provided
by the Federal government through the Department of Defense (DoD) and
the Department of Veterans Affairs (VA), Department of Education
(DoED), state governments and local communities for the families of the
fallen--those who fall in combat, those who fall from invisible wounds
and those who die from illness or disease.
TAPS appreciates the attention the Committee has paid to making
sure that veterans and surviving family members have access to quality
education. Surviving family members using their education benefits
often face many of the same challenges facing all students. TAPS is
proud to work with other organizations, including the American Legion,
Veterans of Foreign Wars, Veterans Education Success and Student
Veterans of America to ensure safeguards are in place to protect all
recipients of education benefits from the Department of Veterans
Affairs and Department of Education.
Indicative of the specialized support that TAPS provides is the
education portal and individualized support on the education benefits
available for the children and spouses of America's fallen heroes. TAPS
staff members work with each individual to maximize the financial
support they can receive to complete their education from both
government and private agencies.
We are most appreciative of the opportunity to comment on
implementation of the Harry W. Colmery Veterans Educational Assistance
Act of 2017.
TAPS would like to recognize the outstanding support we receive
from the Department of Veterans Affairs (VA) on behalf of the survivors
we serve. For several years we were honored to have a Memorandum of
Agreement (MoA) with the education specialists in the office of
Economic Opportunity in the Veterans Benefits Administration enabling
TAPS and the VA to work most efficiently in solving problems that
surviving spouses and children encountered while accessing their VA
education benefits. This relationship also allowed the VA to discover
areas where policy or procedural processes could be improved so they
could serve survivors more effectively.
The VA Office of Survivor Assistance, including director Moira
Flanders and her staff, works closely with TAPS to answer questions and
concerns that are raised by surviving family members. We also
appreciate the opportunities provided by the DoD/VA Survivors Forum,
held quarterly, which works as a clearinghouse for information on
government and private sector programs and policies affecting surviving
families. This is ably facilitated by Craig Zaroff of the VA Benefits
Assistance Service.
TAPS was recently honored to enter into a new and expanded
Memorandum of Agreement with the Department of Veterans Affairs. This
agreement formalizes what has been a long-standing, informal working
relationship between TAPS and the VA. The services provided by TAPS and
VA are complimentary, and in this public-private partnership each will
continue to provide extraordinary services through closer
collaboration.
Under this agreement, TAPS continues to work with surviving
families to identify resources available to them both within the VA and
through private sources. TAPS will also collaborate with the VA in the
areas of education, burial, benefits and entitlements, grief counseling
and other areas of interest.
Implementation Challenges
We have heard from many of TAPS surviving spouses concerning the
implementation of the Harry W. Colmery Veterans Educational Assistance
Act of 2017. While they are most appreciative of the enhanced benefit,
many have encountered stumbling blocks. We will outline these here.
Delimitating Date
The Delimitating Date is the date found on a VA Certificate Of
Eligibility (COE) that informs the individual of the date they are no
longer eligible for education benefits. Presently the certificate reads
``you have until X date to use your benefits, under this program which
is 15 years from the date of death of the service member.'' As of early
December, eligible students are still receiving the letters with the
15-year delimitating date. While some students are aware of the
delimitation date, they are reluctant to actualize their education plan
until they have the correct information on their certificate of
eligibility.
TAPS did query the VA Office of Economic Opportunity about this
discrepancy. The office offered that while IT upgrades are in process,
the system does not currently allow the letter to go out without a
delimitating date. To correct this problem, the VA Office of Economic
Opportunity has taken several steps:
Enhanced training to call center personnel to assure
eligible recipients that indeed there is no delimitating date
Sending letters informing spouses that have previously
applied that there is no delimitating date
Manually changing new certificates of eligibility until
they find a permanent solution.
We are appreciative that VA has heard our concerns about this issue
and are in the process for coming up with long-term solutions to
support surviving families.
Surviving Spouse Michelle Fitz-Henry told us:
I am incredibly grateful for the successes we have had in the
Forever GI Bill and the hard work that was done to include all
surviving spouses. This bill has been a life-changing benefit for me. I
am currently enrolled in school and feel privileged to be given this
opportunity. The benefit of education will afford me financial
stability.
Currently my Certificate of Eligibility has a delimiting date. I
understand that surviving spouses, under the Forever GI Bill, are now
able to use this benefit without fear of it running out before they can
attend or finish their degrees. I have some decisions to make in the
very near future but am concerned that the only documentation that I
have shows that this benefit will expire in the not too distant future.
I do believe that this could be a stumbling block. I have called the VA
and my personal experience is that not all representatives are familiar
with the changes for families of the fallen. I do recognize that the VA
is a large institution and that many changes occur for many different
groups of veterans, active duty, and survivors and it takes time to
educate everyone.
I would feel much more secure in planning out my education strategy
if I had documentation to present to the school showing that I have no
delimiting date.
IT Support
The success of the implementation of the ``Forever GI Bill'' by the
VA is dependent upon the updating of the VA information technology
system. As mentioned above, something as simple as the elimination of
the delimitating date is entirely dependent on changes to the IT
system. We know this is in process by the VA. We hope there will be
appropriate funding to expedite this process.
Getting the word out
The more survivors know about their benefits, the better they are
equipped to make informed decisions. We would like to see what the VA's
communication plan is to publicize and inform veterans and survivors
about changes to their benefits as a result of the ``Forever GI Bill.''
While mandatory training for school certifying officials is
included in the ``Forever GI Bill'' schools, we are concerned about the
institutions of higher learning (IHLs) being aware of the changes
coming in August 2018. We know that the Office of Economic Opportunity
is pushing out information to IHLs. We hope there will be coordination
within the IHLs so that the person actually talking to the student is
aware of the changes.
Suggestions for further improvement
TAPS biggest concern with all the changes being implemented on
August 1, 2018, is that there will be delayed payments and processing
time for payments for veterans and survivors enrolled for the fall 2018
semester.
Even with the few changes that went into effect this fall, TAPS had
issues with institutions of higher learning demanding payment from the
student because of delayed VA payments. Students receiving VA payments
were not allowed to attend classes, register for Spring 2018 or use
campus facilities (library, health center) because the VA payment was
delayed. In some cases, students were put on payment plans they could
not afford or forced to take out student loans with egregious
origination fees in order to continue the education program.
TAPS would recommend that students receiving VA payments have the
same protections as those who receive Title IV funding such as Pell
Grants and Federal student loans. These Title IV students are allowed
to attend classes, participate in extra-curricular activities and use
campus facilities, as long as the IHL knows that payment will arrive.
TAPS strongly believes that the best way to do this is through a
legislative change. We have been in discussion with the House Veterans
Affairs Committee, majority staff to assist these students.
The proposed legislation would give the Secretary of Veterans
Affairs the ability to disapprove any course of education unless the
educational institutions providing the course permits individuals to
attend or participate in courses pending payment by the VA and accepts
a Certificate of Eligibility as a promise of payment.
The Way Ahead
Continued cooperation between the VA, the Committee and interested
VSOs, MSOs and survivor advocates is essential to make the
implementation of the ``Forever GI Bill'' a success. TAPS will continue
to provide feedback to both the VA and the Committee on the experience
of survivors.
Questions and Answers For The Record
Honorable David J. Shulkin M.D. to VA
December 14th, 2017
The Honorable David J. Shulkin M.D.
Secretary
U.S. Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, DC 20420
Dear Mr. Secretary:
In reference to our Subcommittee on Economic Opportunity Hearing
entitled, ``An Update on the Implementation of the Forever GI Bill, the
Harry W. Colmery Educational Assistance Act of 2017 on December 12th,
2017, I would appreciate it if you could answer the enclosed hearing
questions by the close of business on January 19th, 2017.
Committee practice permits the hearing record to remain open to
permit Members to submit additional questions to the witnesses.
Attached are additional questions directed to you.
In preparing your answers to these questions, please provide your
answers consecutively and single-spaced and include the full text of
the question you are addressing in bold font. To facilitate the
printing of the hearing record, please e-mail your response in a Word
document, to Chris Bennett at Cluistopher.Bennett @mai l.house.gov by
the close of business on January 19th, 2017. Ifyou have any questions
please contact him at 202-225-9756.
Sincerely,
TIM WALZ
Ranking Member
Answers to Questions for the Record of the Hearing
1. Please provide project management documents and timelines laying
out the decisions that need to be made in order for on-time
implementation of all of the provisions in the Colmery GI Bill, when
they need to be made, and expected implementation dates.
VA Response: The Colmery Act Program Executive Office (PEO) is
working on a project management plan to ensure on-time implementation
of all provisions. The project plan will capture all relevant tasks,
milestones, deadlines, and dependencies for the operational, policy,
information technology (IT), and communications requirements involved
with each section, and will be updated as items progress. The PEO
expects a draft plan by the end of January 2018.
In terms of IT, fully satisfying all Colmery Act provisions will be
a balance of meeting the most critical needs-Sections 501 and 107-in
fiscal year (FY) 2018, coupled with a number of manually enabled
processes. The Office of Information and Technology (OI&T) will
implement Sections 501 and 107 alongside the Benefits Delivery Network
(BDN) Decommissioning effort as a separate work stream. As noted in the
response to question 7a below, in FY 2018, VA is implementing changes
regarding the delimiting dates in award letters.
Implementation of all other provisions in IT systems are planned
for FY 2019 after the bulk of BDN Decommissioning is complete.
The following high-level milestones (page 2) reflect current
planning efforts overlaid with BDN decommissioning and other Education
initiatives for managed services.
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2. Will the manual workarounds in the current system, in lieu of
the larger IT overhaul that will not happen until 2019, impact the
timeliness of benefits processing for the upcoming implementation
deadlines?
VA response: VA expects that the manual workarounds in development
and the additional temporary Full Time Equivalent (FTE) hires will keep
benefits processing timeliness consistent with recent performance. OI&T
is committed to providing a solution to the most impactful provisions-
Sections 107 and 501-by August 1, 2018.
a. Will the manual workarounds allow full implementation of the
August 1st, 2018 provisions?
VA response: VA expects its efforts, which also include providing
job aids and detailed procedural advisories to Education Service staff,
will allow the August 1, 2018 provisions to be implemented on-time.
i. Is this response based on analyses that VA has done about the
likely number of applicants for the various new provisions?
VA Response: Yes. An analysis, including estimated changes to
beneficiary volume, informed the implementation plan.
b. How does VA plan to guarantee that every new processing
procedure will be ready by August 1st, 2018?
VA response: PEO is working closely with OI&T to provide staff the
resources to process claims and work related to Colmery Act provisions.
This includes short-term solutions by way of manual workarounds, job
aids, and training plans to a long-term planning that includes
modernizing Education Service processing system platforms.
i. What are the interim targets VA needs to meet to ensure that the
August 1st, 2018 deadline is met?
VA response: PEO is collaborating with a project management
contractor on a comprehensive project plan, which includes dependencies
and timelines. In parallel, development of user stories and business
requirements is on-going to support implementation of provisions
effective as of August 1, 2018.
c. If one or more of these workarounds do not work, does VA have
contingency plans in place to ensure full, on-time implementation of
the August 1st, 2018 provisions?
VA response: As each workaround completes development, it is
subject to thorough testing based on processing scenarios and, once
implemented, a quality and production tracker is established to
identify and rectify any defects. These risk control measures allow VA
to make adjustments and correct issues that may present themselves
post-implementation.
d. Once VA receives the necessary appropriated funds for the large
IT overhaul in 2019, when does VA expect to have the system operational
so that manual workarounds are no longer needed?
i. Has VA done an analysis and/or otherwise planned for the
possibility that the manual workarounds might need to be in place for
some time?
VA response: Several critical pieces will be implemented within the
Long Term Solution system in FY 2018-Sections 107 and 501, along with
adjustments to award letters that ensure Veterans do not receive
incorrect information about the expiration of benefits. These
achievements will allow VA to ensure all Colmery Act provisions will be
implemented on-time (in some instances with manual workarounds) while
VA decommissions the BDN system which currently handles most Education
claims processing and payments.
Specific timing of additional systems updates beyond FY 2018 has
yet to be determined, though VA hopes to have all provisions
implemented with IT solutions by the end of FY 2019. VA is actively
exploring the possibility of delivering Education benefits through
managed services or a managed IT solution. VA recently issued a Request
for Information on this topic and responses are being evaluated. Based
on what VA learns, the Department will make a decision this spring as
to which avenue (standard development, managed IT solution, managed
business service) to pursue. Implementation of all remaining Colmery
Act provisions will be a requirement regardless of the path chosen. VA
expects implementation of the selected course to begin in the last
quarter of calendar year 2018.
3. What analyses did VA do to determine that it needed 200
temporary employees for the upcoming deadlines?
VA Response: A provision-by-provision analysis to estimate
workload, including claimants and process changes, concluded that 200
temporary employees were needed.
a. When do all of these employees need to be on board in order to
meet VA's implementation goals?
VA Response: 27 employees are expected on board in January with the
remainder by May 2018.
b. How does VA plan to assess whether it may need to hire more
employees prior to the deadline?
VA Response: As VA better understands the associated workload, we
will continue to assess and make necessary adjustments within existing
authority and resources as required.
c. Are there checkpoints built in over the coming months when such
assessments can take place?
VA Response: Yes, as provisions are implemented, VA will assess
workload at regular intervals.
4. What methods has VA used to get the word out about the new
provisions in the GI Bill?
VA Response: VA has taken a multi-faceted approach to promote the
Colmery Act to Veterans and beneficiaries. This includes an extensive
social media campaign with regular posts on Facebook, a Twitter Town
Hall, a satellite media tour that reached an audience of over 3
million, new Web sites (https://www.benefits.va.gov/GIBILL/
forevergibill.asp and https://benefits.va.gov/gibill/fgib/
restoration.asp), and posting Frequently Asked Questions (https://
gibill.custhelp.com/app/answers/list) for provisions with the most
immediate impact on Veterans and beneficiaries.
a. Is VA sending targeted notifications to individual veterans?
VA Response: Yes, VA has sent targeted notifications to individuals
impacted by Sections 109 and 106 and will continue to do so for other
provisions, when appropriate. This will include outreach to Purple
Heart recipients and those no longer impacted by the 15-year delimiting
date for the Post 9/11 GI Bill benefit.
b. Has VA also sent veterans e-Benefit or email notifications, in
addition to traditional mail?
VA Response: E-mail notifications were sent to individuals impacted
by Sections 109 and 106 and three email missives (https://
www.benefits.va.gov/GIBILL/FGIBCommunications.asp) were sent on the
Colmery Act, with additional resources and contact information, to over
1.2 million individuals.
c. Does VA believe it would be feasible to also call individual
veterans?
VA Response: VA does not have the capacity to call all individual
Veterans, but includes call center information prominently in its
outreach material, and encourages anyone with questions or concerns to
contact VA. In addition, the wide use of social media is a key element
of our outreach strategy.
d. How is VA measuring the effectiveness its outreach and
messaging?
VA Response: The multi-faceted approach to promote the Colmery Act
was done to reach the largest audience as possible who may engage with
VA in different ways (i.e. online, social media, traditional media). VA
has also coordinated messaging with Veterans Service Organizations and
other stakeholders to further its reach. VA tracks metrics for outreach
efforts and if low response/participation rates are identified outreach
strategies are reassessed.
5. VA testified that it sent 8,000 notification letters to student
veterans who were affected by school closings and may be eligible for
restored benefits. What percentage of the 8,000 students does VA expect
to apply for restored benefits, and why?
VA Response: VA is committed to restoring benefits to all eligible
Veterans and is closely monitoring the receipt of applications and
processing to inform potential future follow-ups to those who have not
applied. As time progresses and additional data is collected and
analyzed, VA will be better able to gauge expected rates and the
reasons why some Veterans may not seek restoration at a point in time.
a. If applications from these students increase, will the manual
processing system be ready to handle the increased workload?
VA Response: Yes, 27 claims processors are trained to work these
claims.
b. As of the date of the hearing, 250 students out of 8,000 have
applied for restored benefits.
i. Does VA believe this ratio is on track with what it expected in
terms of numbers of people applying for restoration?
VA Response: As of December 22, 2017, VA received over 450
applications and continues to provide outreach on entitlement
restoration, with the intention to do so for all eligible Veterans.
Given that this authority is new, VA has no baseline to compare ratios
against, but is collecting and analyzing data to make those
determinations in the future.
ii. Is VA able to track and account for eligible students who have
transferred their credits (partially or fully) to another educational
institution?
VA Response: No, this is not data VA collects.
6. What is the current amount of funding that VA estimates it will
need appropriated next year in order for it to meet all of the Colmery
GI Bill provision implementation deadlines?
VA Response: VA's initial scoring estimate, by section based on
anticipated level of effort, was approximately $70 million. Since that
time, noting the criticality of Sections 107 and 501, as well as new
lessons learned during implementation, the existing FY 2018 funding
fully support these requirements. The forthcoming President's Budget
will provide additional details on resource needs for FY 2019.
7. Regarding the Certificates of Eligibility that are currently
being sent out with incorrect 15-year delimiting deadlines:
a. Please detail why it is expected to take several months to
change the technical code that allows the VA to send out Certificates
of Eligibility without deadlines.
VA Response: VA Education Service manually processes all original
Certificate of Eligibility letters and those are now being released
with a correct description of the claimant's delimiting date. As of
December 19, 2017, all manual ``award letters'' are also being released
with a correct delimiting date.
Letters generated through automated processing continue to show a
delimiting date because the processing system currently creates a
delimiting date for all Post-9/11 GI Bill recipients, and the ``rules
engine'' uses the same data elements to make automated processing
determinations. Changes to these dates require changes to program logic
that calculate them based on Veteran characteristics and subsequent
eligibility determinations of applicants. It is important to note these
letters are not simply form letters, but are comprised of sections
which are programmatically determined based on various business rules
acting on the Veteran's data. Moreover, the process in which these
letters are produced is a shared program module among a number of
education chapters and not just those affected by the provisions of the
Colmery Act. Care must be taken in the translation of this
subpopulation's requirements in addition to the existing eligibility
workflows to ensure other education benefit determinations are not
inadvertently broken so as to result in erroneous information or other
impact to Veteran benefits.
In addition, there are non-technical considerations that will add
time to the quality assurance of resulting system changes. For example,
the same resources performing the testing also process claims and, at
present, VA is entering into the peak enrollment period for Spring
enrollments, which limits the number of resources available for
requirements and testing.
b. Please provide a detailed plan for how VA is going to fix this
date issue on Certificates of Eligibility, including timelines.
VA Response: On December 19, 2017, VA implemented the process to
correct the delimiting date on the Certificates of Eligibility, and
from this point forward these documents show the correct delimiting
date, if any.
c. Please list and describe the proactive and preventative steps VA
is currently taking to minimize confusion over this issue until the
correct Certificates of Eligibility will be sent out.
VA Response: VA expects to send an email notification to impacted
beneficiaries by January 31, 2018, and has leveraged Facebook, Twitter,
mass e-mails, web postings, and briefed stakeholders on what the
delimiting date removal means and to whom it applies.
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