[Congressional Record Volume 164, Number 199 (Tuesday, December 18, 2018)]
[Senate]
[Pages S7821-S7822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREVER GI BILL HOUSING PAYMENT FULFILLMENT ACT OF 2018
Mr. BOOZMAN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3777, introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 3777) 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.
The PRESIDING OFFICER. Is there objection to proceeding to the
measure?
There being no objection, the Senate proceeded to consider the bill.
Mr. BOOZMAN. I ask unanimous consent that the bill be considered read
a third time and passed and that the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3777) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
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 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
[[Page S7822]]
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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