GI Bill National Emergency Extended Deadline Act

IIB 117TH CONGRESS 1ST SESSION H. R. 2167 IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Received; read twice and referred to the Committee on Veterans’ Affairs AN ACT To amend title 38, United States Code, to provide for exten- sions of the time limitations for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations, and for other purposes. VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 2 HR 2167 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘GI Bill National Emer- 4 gency Extended Deadline Act’’. 5 SEC. 2. EXTENSION OF TIME LIMITATION FOR USE OF ENTI- 6 TLEMENT UNDER DEPARTMENT OF VET- 7 ERANS AFFAIRS EDUCATIONAL ASSISTANCE 8 PROGRAMS BY REASON OF SCHOOL CLO- 9 SURES DUE TO EMERGENCY AND OTHER SIT- 10 UATIONS. 11 (a) MONTGOMERY GI BILL.—Section 3031 of title 12 38, United States Code, is amended— 13 (1) in subsection (a), by inserting ‘‘and sub- 14 section (i)’’ after ‘‘through (g)’’; and 15 (2) by adding at the end the following new sub- 16 section: 17 ‘‘(i)(1) In the case of an individual eligible for edu- 18 cational assistance under this chapter who is prevented 19 from pursuing the individual’s chosen program of edu- 20 cation before the expiration of the 10-year period for the 21 use of entitlement under this chapter otherwise applicable 22 under this section because of a covered reason, as deter- 23 mined by the Secretary, such 10-year period— 24 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 3 HR 2167 RFS ‘‘(A) shall not run during the period the indi- 1 vidual is so prevented from pursuing such program; 2 and 3 ‘‘(B) shall again begin running on a date deter- 4 mined by the Secretary that is— 5 ‘‘(i) not earlier than the first day after the 6 individual is able to resume pursuit of a pro- 7 gram of education with educational assistance 8 under this chapter; and 9 ‘‘(ii) not later than 90 days after that day. 10 ‘‘(2) In this subsection, a covered reason is— 11 ‘‘(A) the temporary or permanent closure of an 12 educational institution by reason of an emergency 13 situation; or 14 ‘‘(B) another reason that prevents the indi- 15 vidual from pursuing the individual’s chosen pro- 16 gram of education, as determined by the Sec- 17 retary.’’. 18 (b) POST-9/11 EDUCATIONAL ASSISTANCE.— Section 19 3321(b)(1) of such title is amended— 20 (1) by inserting ‘‘(A)’’ before ‘‘Subsections’’; 21 (2) by striking ‘‘and (d)’’ and inserting ‘‘(d), 22 and (i)’’; and 23 (3) by adding at the end the following new sub- 24 paragraph: 25 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 4 HR 2167 RFS ‘‘(B) Subsection (i) of section 3031 of this title 1 shall apply with respect to the running of the 15- 2 year period described in paragraphs (4)(A) and 3 (5)(A) of this subsection in the same manner as 4 such subsection (i) applies under such section 3031 5 with respect to the running of the 10-year period de- 6 scribed in subsection (a) of such section.’’. 7 SEC. 3. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON 8 OF SCHOOL CLOSURES DUE TO EMERGENCY 9 AND OTHER SITUATIONS UNDER DEPART- 10 MENT OF VETERANS AFFAIRS TRAINING AND 11 REHABILITATION PROGRAM FOR VETERANS 12 WITH SERVICE-CONNECTED DISABILITIES. 13 Section 3103 of title 38, United States Code, is 14 amended— 15 (1) in subsection (a), by striking ‘‘or (g)’’ and 16 inserting ‘‘(g), or (h)’’; and 17 (2) by adding at the end the following new sub- 18 section: 19 ‘‘(h)(1) In the case of a veteran who is eligible for 20 a vocational rehabilitation program under this chapter and 21 who is prevented from participating in the vocational reha- 22 bilitation program within the period of eligibility pre- 23 scribed in subsection (a) because of a covered reason, as 24 determined by the Secretary, such period of eligibility— 25 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 5 HR 2167 RFS ‘‘(A) shall not run during the period the vet- 1 eran is so prevented from participating in such pro- 2 gram; and 3 ‘‘(B) shall again begin running on a date deter- 4 mined by the Secretary that is— 5 ‘‘(i) not earlier than the first day after the 6 veteran is able to resume participation in a vo- 7 cational rehabilitation program under this chap- 8 ter; and 9 ‘‘(ii) not later than 90 days after that day. 10 ‘‘(2) In this subsection, a covered reason is— 11 ‘‘(A) the temporary or permanent closure of an 12 educational institution by reason of an emergency 13 situation; or 14 ‘‘(B) another reason that prevents the veteran 15 from participating in the vocational rehabilitation 16 program, as determined by the Secretary.’’. 17 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 6 HR 2167 RFS SEC. 4. DEPARTMENT OF VETERANS AFFAIRS DIS- 1 APPROVAL OF COURSES OFFERED BY PUBLIC 2 INSTITUTIONS OF HIGHER LEARNING THAT 3 DO NOT CHARGE VETERANS THE IN-STATE 4 TUITION RATE FOR PURPOSES OF SUR- 5 VIVORS’ AND DEPENDENTS’ EDUCATIONAL 6 ASSISTANCE PROGRAM. 7 (a) IN GENERAL.—Section 3679(c) of title 38, 8 United States Code, is amended— 9 (1) in paragraph (1), by striking ‘‘or 33’’ and 10 inserting ‘‘33, or 35’’; 11 (2) in paragraph (2), by adding at the end the 12 following new subparagraph: 13 ‘‘(D) An individual who is entitled to assistance 14 under section 3510 of this title.’’; and 15 (3) in paragraph (6), by striking ‘‘and 33’’ and 16 inserting ‘‘33, and 35’’. 17 (b) CONFORMING AMENDMENTS.—Section 3679(e) 18 of such title is amended— 19 (1) in paragraph (1)— 20 (A) in subparagraph (A), by striking ‘‘or 21 33’’ and inserting ‘‘, 33, or 35’’; and 22 (B) in subparagraph (B), by striking ‘‘or 23 33’’ and inserting ‘‘33, or 35’’; and 24 (2) in paragraph (2), by striking ‘‘or 33’’ and 25 inserting ‘‘33, or 35’’. 26 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 7 HR 2167 RFS (c) EFFECTIVE DATE.—The amendments made by 1 this Act shall take effect on the date of the enactment 2 of this Act and shall apply with respect to an academic 3 period that begins on or after August 1, 2022. 4 SEC. 5. IMPROVEMENTS TO INFORMATION TECHNOLOGY 5 SERVICES USED TO PROCESS CLAIMS FOR 6 EDUCATIONAL ASSISTANCE. 7 (a) MODERN INFORMATION TECHNOLOGY SERV- 8 ICE.—The Secretary of Veterans Affairs shall implement 9 an information technology service to process claims for 10 educational assistance under chapters 30, 33, 35, and 36 11 of title 38, United States Code, using one or more com- 12 mercial software systems. The Secretary shall complete 13 such implementation not later than August 1, 2024. 14 (b) REQUIRED CAPABILITIES.—The Secretary shall 15 ensure that the modern information technology service 16 under subsection (a) has the following capabilities: 17 (1) As compared to legacy information tech- 18 nology systems— 19 (A) the ability to process claims faster and 20 in a more efficient manner by improving proc- 21 essing integration and accuracy; 22 (B) improved data exchange and reporting; 23 and 24 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 8 HR 2167 RFS (C) improved customer integration and 1 simplification of the online experience. 2 (2) Timely communication by employees of the 3 Department of Veterans Affairs to individuals and 4 educational institutions using an online portal that 5 can provide real-time information on claims for edu- 6 cational assistance. 7 (3) The ability to be customized to address fu- 8 ture capabilities required by law. 9 (4) Fully automated to the extent practicable 10 for all original and supplemental claims, including 11 with respect to calculating accurate awards. 12 (5) The ability for individuals entitled to edu- 13 cational assistance to electronically apply for, with- 14 draw from, and amend such entitlement, and to re- 15 allocate a transferred entitlement. 16 (6) The ability to electronically process changes 17 made by educational institutions. 18 (7) The ability to verify attendance at an edu- 19 cational institution. 20 (8) The ability to process validations made by 21 an educational institution. 22 (c) INITIAL REPORT.—Not later than 120 days after 23 the date of the enactment of this Act, the Secretary shall 24 submit to the Committees on Veterans’ Affairs of the 25 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 9 HR 2167 RFS House of Representatives and the Senate a report con- 1 taining information on the cost, schedule, and perform- 2 ance of the project for implementing such system, includ- 3 ing, with respect to such project, the following: 4 (1) An estimate of acquisition, implementation, 5 and life cycle costs (including all direct and indirect 6 costs to acquire, implement, operate, and maintain 7 such system). 8 (2) An intended implementation schedule indi- 9 cating significant milestones, initial operating capa- 10 bility, and full operating capability or completion. 11 (3) Key business, functional, or performance 12 objectives. 13 (4) With respect to both original claims and 14 supplemental claims processed on a monthly basis, 15 statistics regarding— 16 (A) the number of such claims processed 17 using legacy information systems; 18 (B) the number of such claims that were 19 off-ramped and processed manually; and 20 (C) the number of such claims estimated 21 to be processed using the modern information 22 technology service. 23 (5) The amount of savings that are estimated 24 to be realized from using the modern information 25 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 10 HR 2167 RFS technology service rather than legacy information 1 technology systems. 2 (6) The estimated accuracy of processing 3 claims. 4 (7) The estimated timeliness for— 5 (A) processing original claims; and 6 (B) processing supplemental claims. 7 (8) A description of how the modern informa- 8 tion technology service will— 9 (A) automate the processing of original 10 claims; and 11 (B) automate the processing of supple- 12 mental claims. 13 (d) DEFINITIONS.—In this section: 14 (1) The term ‘‘legacy information technology 15 system’’ means an information technology system 16 used by the Department of Veterans Affairs to proc- 17 ess claims for educational assistance under chapters 18 30, 33, 35, and 36 of title 38, United States Code, 19 before the date on which the Secretary of Veterans 20 Affairs awards a contract under subsection (a) for 21 the modern information technology service. 22 (2) The term ‘‘modern information technology 23 service’’ means the information technology service 24 implemented under subsection (a) to process claims 25 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 11 HR 2167 RFS for educational assistance under chapters 30, 33, 35, 1 and 36 of title 38, United States Code. 2 SEC. 6. TIME PERIOD FOR ELIGIBILITY UNDER SURVIVORS’ 3 AND DEPENDENTS’ EDUCATIONAL ASSIST- 4 ANCE PROGRAM OF DEPARTMENT OF VET- 5 ERANS AFFAIRS. 6 (a) IN GENERAL.—Section 3512 of title 38, United 7 States Code, is amended— 8 (1) by redesignating subsection (h) as sub- 9 section (f); and 10 (2) by adding at the end the following new sub- 11 section: 12 ‘‘(g) Notwithstanding any other provision of this sec- 13 tion, the following persons may be afforded educational 14 assistance under this chapter at any time after August 15 1, 2023, and without regard to the age of the person: 16 ‘‘(1) A person who first becomes an eligible per- 17 son on or after August 1, 2023. 18 ‘‘(2) A person who— 19 ‘‘(A) first becomes an eligible person be- 20 fore August 1, 2023; and 21 ‘‘(B) becomes 18 years of age, or com- 22 pletes secondary schooling, on or after August 23 1, 2023.’’. 24 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 12 HR 2167 RFS (b) CONFORMING AMENDMENTS.—Such section is 1 further amended— 2 (1) in subsection (a), by striking ‘‘The edu- 3 cational’’ and inserting ‘‘Except as provided in sub- 4 section (g), the educational’’; 5 (2) in subsection (b)— 6 (A) in paragraph (1)(A), by inserting 7 ‘‘subsection (g) or’’ after ‘‘provided in’’; and 8 (B) in paragraph (2), by striking ‘‘Not- 9 withstanding’’ and inserting ‘‘Except as pro- 10 vided in subsection (g), notwithstanding’’; and 11 (3) in subsection (e), by striking ‘‘No person’’ 12 and inserting ‘‘Except as provided in subsection (g), 13 no person’’. 14 SEC. 7. PILOT PROGRAM ON SHORT-TERM FELLOWSHIP 15 PROGRAMS. 16 (a) AUTHORITY.—The Assistant Secretary of Labor 17 for Veterans’ Employment and Training shall carry out 18 a pilot program under which a State may use a grant or 19 contract under section 4102A(b)(5) of title 38, United 20 States Code, to carry out a short-term fellowship program. 21 (b) LOCATIONS; AGREEMENTS.—The Secretary shall 22 select at least three, but not more than five, States to 23 carry out a short-term fellowship program pursuant to 24 subsection (a). Each such State shall enter into an agree- 25 VerDate Sep 11 2014 02:11 May 20, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.RFS H2167 kjohnson on DSK79L0C42PROD with BILLS 13 HR 2167 RFS ment with a non-profit organization to carry out such pro- 1 gram. 2 (c) SHORT-TERM FELLOWSHIP PROGRAM.—Each 3 short-term fellowship program carried out by a State pur- 4 suant to subsection (a) shall— 5 (1) consist of veterans participating as fellows 6 with an employer for a period not exceeding 20 7 weeks; 8 (2) provide to such veterans a monthly stipend 9 during such period; and 10 (3) provide to such veterans an opportunity to 11 be employed on a long-term basis with the employer 12 following such period. 13 (d) AMOUNT OF STIPEND.—The amount of the sti- 14 pend provided to a veteran pursu [Text truncated for display. Full text available on Congress.gov.]