[Congressional Record Volume 167, Number 104 (Tuesday, June 15, 2021)]
[House]
[Pages H2781-H2782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SOLE LIABILITY FOR TRANSFERRED EDUCATIONAL ASSISTANCE BY AN INDIVIDUAL 
               WHO FAILS TO COMPLETE A SERVICE AGREEMENT

  Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 290) to amend title 38, United States Code, to render an 
individual, who transfers certain educational assistance, to which the 
individual is entitled because of an agreement by such individual to 
serve in the Armed Forces, to a dependent of that individual, and who 
fails to complete such agreement, solely liable for the overpayment of 
such educational assistance, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 290

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

     SECTION 1. SOLE LIABILITY FOR TRANSFERRED EDUCATIONAL 
                   ASSISTANCE BY AN INDIVIDUAL WHO FAILS TO 
                   COMPLETE A SERVICE AGREEMENT.

       (a) In General.--Subsection (i) of section 3319 of title 
     38, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``In the event'' and inserting ``Subject to 
     paragraph (2), in the event''; and
       (B) by inserting ``of this title'' after ``section 3685'';
       (2) in subparagraph (A) of paragraph (2)--
       (A) in the heading, by striking ``In general'' and 
     inserting ``Sole liability''; and
       (B) by inserting ``for which the individual shall be solely 
     liable to the United States for the amount of the overpayment 
     for purposes of section 3685 of this title'' before the 
     period at the end; and
       (3) in subparagraph (B) of paragraph (2)--
       (A) in the matter preceding clause (i), by striking 
     ``Subparagraph (A) shall not apply'' and inserting ``Neither 
     the individual nor the dependent shall be liable to the 
     United States for the amount of the overpayment for purposes 
     of section 3685 of this title''; and
       (B) in clause (ii), by inserting ``of this title'' after 
     ``section 3311(c)(4)''.
       (b) Reversion.--Effective October 1, 2024, such subsection 
     (i) is amended to read as it read on the day before the date 
     of the enactment of this Act.

     SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 290, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, the eligibility for veterans to transfer their earned 
educational benefits is limited based on service time and commitments 
to additional service time. Recently, there have been a number of cases 
where DOD erroneously calculated servicemembers' time in service, 
allowing the servicemember to transfer a benefit when they should not 
have, as in the case of Russell Dotson.
  In Mr. Dotson's case, he was told by the Navy that he was able to 
transfer his benefit to his daughter. Unfortunately, the Navy was 6 
days off in its calculation. That led to his daughter's GI Bill-covered 
tuition at DePaul University being cut off. Now, she and her father, a 
veteran who served 22 years and was honored for saving two lives in 
Afghanistan, are left having to repay more than $20,000.
  As a result of these errors, the veteran and their dependent are 
saddled with a huge bill, that is overpayment, for the cost of 
erroneously billed educational costs. The debt levied on the dependent 
is costly and can ruin their credit before they enter the labor force, 
which could impact their housing and job opportunities.
  H.R. 290, as amended, limits liabilities to ensure that there aren't 
surprise debts created by errors in paperwork. This legislation has 
been supported by VSOs such as the VFW, American Legion, and the 
Student Veterans of America.
  Madam Speaker, I thank Ranking Member Bost for his work on this 
issue. I ask my colleagues to join me in supporting H.R. 290, as 
amended, and I reserve the balance of my time.
  Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of my bill, H.R. 290, as 
amended, to create a sole liability for GI Bill payments during 
transfer in certain cases. This bill would hold a servicemember liable 
should they transfer the GI Bill entitlement but fail to complete their 
service obligation.
  The GI Bill is a fantastic benefit. The GI Bill has helped tens of 
thousands of veterans and their families obtain a higher education. 
Some servicemembers are eligible to transfer their GI Bill entitlement 
to a dependent. They can do this once they have completed 6 years of 
active service and agree to serve an additional 4 years.
  Under my bill, if the servicemember begins to transfer the 
entitlement at the 6-year mark but fails to complete the additional 4 
years of the required service, their dependent would not be held liable 
for overpayments. This would help dependents avoid unexpected VA debt 
for actions outside of their control. Some overpayments can total 
hundreds of thousands of dollars. It is only right that we ensure that 
they are assigned to the right person.
  Madam Speaker, I thank our VSO partners, especially those at the 
Tragedy Assistance Program for Survivors for bringing this issue to my 
attention.

[[Page H2782]]

  Madam Speaker, I urge all of my colleagues to support this 
legislation, and I reserve the balance of my time.
  Mr. TAKANO. Madam Speaker, I have no further speakers, and I am 
prepared to close.
  Madam Speaker, I reserve the balance of my time.
  Mr. BOST. Madam Speaker, I just want to encourage all of my 
colleagues to support the bill, and I yield back the balance of my 
time.
  Mr. TAKANO. Madam Speaker, I ask all of my colleagues to join me in 
passing H.R. 290, as amended, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 290, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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