[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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