[Congressional Record Volume 164, Number 199 (Tuesday, December 18, 2018)]
[Senate]
[Pages S7795-S7796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOOZMAN (for himself, Mr. Schatz, Mr. Tester, Mr. 
        Blumenthal, Mr. Tillis, Mr. Warner, Ms. Hassan, and Ms. 
        Stabenow):
  S. 3777. A bill to require the Secretary of Veterans Affairs to 
establish a tiger team dedicated to addressing the difficulties 
encountered by the Department of Veterans Affairs in carrying out 
section 3313 of title 38, United States Code, after the enactment of 
sections 107 and 501 of the Harry W. Colmery Veterans Educational 
Assistance Act of 2017; considered and passed.

                                S. 3777

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Forever GI Bill Housing 
     Payment Fulfillment Act of 2018''.

     SEC. 2. FINDINGS AND SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) On August 16, 2017, the Harry W. Colmery Veterans 
     Educational Assistance Act of 2017 (Public Law 115-48) (known 
     by some as the ``Forever GI Bill'') was enacted into law.
       (2) Such Act makes certain improvements to the Post-9/11 
     Educational Assistance program for veterans, including 
     improvements relating to how the Secretary of Veterans 
     Affairs calculates the amount of payments for monthly housing 
     stipends under that program.
       (3) Section 107 of such Act (Public Law 115-48; 33 U.S.C. 
     3313 note) requires the Secretary to calculate the amount of 
     payments for monthly housing stipends based on the location 
     of the campus of the institution of higher learning where the 
     individual attends classes, a change from the previous 
     direction to make such calculation based on the location of 
     the institution of higher learning.
       (4) Section 501 of such Act (Public Law 115-48; 37 U.S.C. 
     403 note) repeals the inapplicability of a modification of 
     the basic allowance for housing for members of the uniformed 
     services to benefits administered by the Department of 
     Veterans Affairs.
       (5) The amendments made by section 107 and 501 of such Act 
     became effective on August 1, 2018, and January 1, 2018, 
     respectively.
       (6) Representatives of the Department of Veterans Affairs 
     have stated that the Department will not be able to determine 
     proper payment amounts based on the amendment made by section 
     107 of such Act until December 1, 2019.
       (7) Representatives of the Department have also stated that 
     outdated information technology systems have stymied efforts 
     to update necessary information that enable proper housing 
     payments as required by the provisions of law amended by 
     sections 107 and 501 of such Act.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) as soon as possible, the Secretary of Veterans Affairs 
     should end the making of improper payment amounts for monthly 
     stipends under section 3313 of title 38, United States Code;
       (2) by January 1, 2020, the Secretary should make whole the 
     individuals entitled to payments of monthly stipends under 
     section 3313 of title 38, United States Code, who have been 
     underpaid as a result of the difficulties encountered by the 
     Department of Veterans Affairs in carrying out such section 
     after the enactment of sections 107 and 501 of the

[[Page S7796]]

     Harry W. Colmery Veterans Educational Assistance Act of 2017 
     (Public Law 115-48); and
       (3) no individuals entitled to payments of monthly stipend 
     under section 3313 of title 38, United States Code, who have 
     been overpaid as a result of the difficulties encountered by 
     the Department in carrying out such section after the 
     enactment of sections 107 and 501 of such Act should have 
     overpayments recuperated by the Department.

     SEC. 3. TIGER TEAM FOR HOUSING STIPENDS.

       (a) Establishment.--Not later than one day after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall establish a tiger team (in this section 
     referred to as the ``Tiger Team'') dedicated to addressing 
     the difficulties encountered by the Department of Veterans 
     Affairs in carrying out section 3313 of title 38, United 
     States Code, after the enactment of sections 107 and 501 of 
     the Harry W. Colmery Veterans Educational Assistance Act of 
     2017 (Public Law 115-48; 38 U.S.C. 3313 note and 37 U.S.C. 
     403 note).
       (b) Composition.--Not later than 15 days after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress the names and titles of the employees of the 
     Department who compose the Tiger Team established under 
     subsection (a), including the name and title of the senior-
     level employee of the Department who serves as the lead 
     accountable official of the Tiger Team.
       (c) Duties.--
       (1) Submission to congress.--Not later than 90 days after 
     the date of the enactment of this Act, the Tiger Team shall 
     submit to Congress the following:
       (A) A plan describing the following:
       (i) How the Secretary will obtain the information necessary 
     to determine the correct payment amounts for monthly stipends 
     under section 3313 of title 38, United States Code, made 
     after the enactment of sections 107 and 501 of the Harry W. 
     Colmery Veterans Educational Assistance Act of 2017 (Public 
     Law 115-48; 38 U.S.C. 3313 note and 37 U.S.C. 403 note), from 
     officials responsible for the certification of payments of 
     monthly stipends made under section 3313 of such title.
       (ii) How the Secretary will modify the relevant information 
     technology systems of the Department to correct the payment 
     amounts for monthly stipends under section 3313 of such title 
     made after the enactment of sections 107 and 501 of such Act 
     (Public Law 115-48; 38 U.S.C. 3313 note and 37 U.S.C. 403 
     note) that were deficient.
       (iii) How the Secretary will identify all of the 
     individuals who received payments of monthly stipends under 
     section 3313 of such title that were not in compliance with 
     such section, after the enactment of sections 107 and 501 of 
     such Act (Public Law 115-48; 38 U.S.C. 3313 note and 37 
     U.S.C. 403 note).
       (iv) How the Secretary will notify the individuals 
     described in clause (iii).
       (v) The procedures the Secretary will use to correct the 
     payments of monthly stipends under section 3313 of such title 
     that were deficient as a result of the difficulties 
     encountered by the Department of Veterans Affairs in carrying 
     out such section after the enactment of sections 107 and 501 
     of such Act (Public Law 115-48; 38 U.S.C. 3313 note and 37 
     U.S.C. 403 note).
       (B) A complete timeline for the implementation of the plan 
     described in subparagraph (A).
       (C) Any additional funding and personnel requirements 
     necessary to support the implementation of the plan described 
     in subparagraph (A), including any such requirements as may 
     be necessary for staffing increases or relevant improvements 
     to the information technology infrastructure of the 
     Department.
       (2) Implementation.--
       (A) In general.--The Secretary shall implement the plan 
     submitted under paragraph (1)(A).
       (B) Periodic updates.--Not less frequently than once every 
     90 days after submission of the items under paragraph (1), 
     the Tiger Team shall submit to Congress an update on the 
     implementation of the plan described in subparagraph (A) of 
     such paragraph.
       (3) Final report.--
       (A) In general.--Not later than July 1, 2020, the Tiger 
     Team shall submit to the appropriate congressional committees 
     a final report on the activities and findings of the Tiger 
     Team.
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) The number of individuals who were affected by payments 
     of monthly stipends under section 3313 of title 38, United 
     States Code, that were not in compliance with such section 
     after the enactment of sections 107 and 501 of the Harry W. 
     Colmery Veterans Educational Assistance Act of 2017 (Public 
     Law 115-48; 38 U.S.C. 3313 note and 37 U.S.C. 403 note).
       (ii) The number of individuals described in clause (i) who 
     received deficient payments as a result of the difficulties 
     encountered by the Department in carrying out section 3313 of 
     such title after the enactment of sections 107 and 501 of 
     such Act (Public Law 115-48; 38 U.S.C. 3313 note and 37 
     U.S.C. 403 note), and the total amount of the deficiency for 
     each individual, disaggregated by State.
       (iii) The number of individuals described in clause (ii) 
     who have not received the amount of monthly stipend to which 
     such individuals are entitled under section 3313 of such 
     title and an explanation of why such individuals have not 
     received such amounts.
       (iv) A certification of whether the Department is fully 
     compliant with sections 107 and 501 of such Act (Public Law 
     115-48; 38 U.S.C. 3313 note and 37 U.S.C. 403 note).
       (C) Appropriate congressional committees defined.--In this 
     paragraph, the term ``appropriate congressional committees'' 
     means the following:
       (i) The Subcommittee on Military Construction and Veterans 
     Affairs, and Related Agencies of the Committee on 
     Appropriations and the Committee on Veterans' Affairs of the 
     Senate.
       (ii) The Subcommittee on Military Construction and Veterans 
     Affairs, and Related Agencies of the Committee on 
     Appropriations and the Committee on Veterans' Affairs of the 
     House of Representatives.
       (d) Termination.--On the date that is 60 days after the 
     date on which the Tiger Team submits the final report 
     required by subsection (c)(3), the Secretary shall terminate 
     the Tiger Team established under subsection (a).

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