GI Bill National Emergency Extended Deadline Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1936 To amend title 38, United States Code, to provide for extensions 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. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mr. BOOKER introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL 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. 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 of 2021’’. 5 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1936 IS SEC. 2. EXTENSION OF TIME LIMITATION FOR USE OF ENTI- 1 TLEMENT UNDER DEPARTMENT OF VET- 2 ERANS AFFAIRS EDUCATIONAL ASSISTANCE 3 PROGRAMS BY REASON OF SCHOOL CLO- 4 SURES DUE TO EMERGENCY AND OTHER SIT- 5 UATIONS. 6 (a) MONTGOMERY GI BILL.—Section 3031 of title 7 38, United States Code, is amended— 8 (1) in subsection (a), by inserting ‘‘and sub- 9 section (i)’’ after ‘‘through (g)’’; and 10 (2) by adding at the end the following new sub- 11 section: 12 ‘‘(i)(1) In the case of an individual eligible for edu- 13 cational assistance under this chapter who is prevented 14 from pursuing the individual’s chosen program of edu- 15 cation before the expiration of the 10-year period for the 16 use of entitlement under this chapter otherwise applicable 17 under this section because of a covered reason, as deter- 18 mined by the Secretary, such 10-year period— 19 ‘‘(A) shall not run during the period the indi- 20 vidual is so prevented from pursuing such program; 21 and 22 ‘‘(B) shall again begin running on a date deter- 23 mined by the Secretary that is— 24 ‘‘(i) not earlier than the first day after the 25 individual is able to resume pursuit of a pro- 26 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1936 IS gram of education with educational assistance 1 under this chapter; and 2 ‘‘(ii) not later than 90 days after that day. 3 ‘‘(2) In this subsection, a covered reason is— 4 ‘‘(A) the temporary or permanent closure of an 5 educational institution by reason of an emergency 6 situation; or 7 ‘‘(B) another reason that prevents the indi- 8 vidual from pursuing the individual’s chosen pro- 9 gram of education, as determined by the Sec- 10 retary.’’. 11 (b) POST-9/11 EDUCATIONAL ASSISTANCE.— Section 12 3321(b)(1) of such title is amended— 13 (1) by inserting ‘‘(A)’’ before ‘‘Subsections’’; 14 (2) by striking ‘‘and (d)’’ and inserting ‘‘(d), 15 and (i)’’; and 16 (3) by adding at the end the following new sub- 17 paragraph: 18 ‘‘(B) Subsection (i) of section 3031 of this title 19 shall apply with respect to the running of the 15- 20 year period described in paragraphs (4)(A) and 21 (5)(A) of this subsection in the same manner as 22 such subsection applies under such section 3031 23 with respect to the running of the 10-year period de- 24 scribed in subsection (a) of such section.’’. 25 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1936 IS SEC. 3. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON 1 OF SCHOOL CLOSURES DUE TO EMERGENCY 2 AND OTHER SITUATIONS UNDER DEPART- 3 MENT OF VETERANS AFFAIRS TRAINING AND 4 REHABILITATION PROGRAM FOR VETERANS 5 WITH SERVICE-CONNECTED DISABILITIES. 6 Section 3103 of title 38, United States Code, is 7 amended— 8 (1) in subsection (a), by striking ‘‘or (g)’’ and 9 inserting ‘‘(g), or (h)’’; and 10 (2) by adding at the end the following new sub- 11 section: 12 ‘‘(h)(1) In the case of a veteran who is eligible for 13 a vocational rehabilitation program under this chapter and 14 who is prevented from participating in the vocational reha- 15 bilitation program within the period of eligibility pre- 16 scribed in subsection (a) because of a covered reason, as 17 determined by the Secretary, such period of eligibility— 18 ‘‘(A) shall not run during the period the vet- 19 eran is so prevented from participating in such pro- 20 gram; and 21 ‘‘(B) shall again begin running on a date deter- 22 mined by the Secretary that is— 23 ‘‘(i) not earlier than the first day after the 24 veteran is able to resume participation in a vo- 25 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1936 IS cational rehabilitation program under this chap- 1 ter; and 2 ‘‘(ii) not later than 90 days after that day. 3 ‘‘(2) In this subsection, a covered reason is— 4 ‘‘(A) the temporary or permanent closure of an 5 educational institution by reason of an emergency 6 situation; or 7 ‘‘(B) another reason that prevents the veteran 8 from participating in the vocational rehabilitation 9 program, as determined by the Secretary.’’. 10 SEC. 4. DEPARTMENT OF VETERANS AFFAIRS DIS- 11 APPROVAL OF COURSES OFFERED BY PUBLIC 12 INSTITUTIONS OF HIGHER LEARNING THAT 13 DO NOT CHARGE VETERANS THE IN-STATE 14 TUITION RATE FOR PURPOSES OF SUR- 15 VIVORS’ AND DEPENDENTS’ EDUCATIONAL 16 ASSISTANCE PROGRAM. 17 (a) IN GENERAL.—Section 3679(c) of title 38, 18 United States Code, is amended— 19 (1) in paragraph (1), by striking ‘‘or 33’’ and 20 inserting ‘‘33, or 35’’; 21 (2) in paragraph (2), by adding at the end the 22 following new subparagraph: 23 ‘‘(D) An individual who is entitled to assistance 24 under section 3510 of this title.’’; and 25 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1936 IS (3) in paragraph (6), by striking ‘‘and 33’’ and 1 inserting ‘‘33, and 35’’. 2 (b) CONFORMING AMENDMENTS.—Section 3679(e) 3 of such title is amended— 4 (1) in paragraph (1)— 5 (A) in subparagraph (A), by striking ‘‘or 6 33’’ and inserting ‘‘, 33, or 35’’; and 7 (B) in subparagraph (B), by striking ‘‘or 8 33’’ and inserting ‘‘33, or 35’’; and 9 (2) in paragraph (2), by striking ‘‘or 33’’ and 10 inserting ‘‘33, or 35’’. 11 (c) EFFECTIVE DATE.—The amendments made by 12 this section shall take effect on the date of the enactment 13 of this Act and shall apply with respect to an academic 14 period that begins on or after August 1, 2022. 15 SEC. 5. IMPROVEMENTS TO INFORMATION TECHNOLOGY 16 SERVICES USED TO PROCESS CLAIMS FOR 17 EDUCATIONAL ASSISTANCE. 18 (a) MODERN INFORMATION TECHNOLOGY SERV- 19 ICE.—The Secretary of Veterans Affairs shall implement 20 an information technology service to process claims for 21 educational assistance under chapters 30, 33, 35, and 36 22 of title 38, United States Code, using one or more com- 23 mercial software systems. The Secretary shall complete 24 such implementation not later than August 1, 2024. 25 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1936 IS (b) REQUIRED CAPABILITIES.—The Secretary shall 1 ensure that the modern information technology service 2 under subsection (a) has the following capabilities: 3 (1) As compared to legacy information tech- 4 nology systems— 5 (A) the ability to process claims faster and 6 in a more efficient manner by improving proc- 7 essing integration and accuracy; 8 (B) improved data exchange and reporting; 9 and 10 (C) improved customer integration and 11 simplification of the online experience. 12 (2) Timely communication by employees of the 13 Department of Veterans Affairs to individuals and 14 educational institutions using an online portal that 15 can provide real-time information on claims for edu- 16 cational assistance. 17 (3) The ability to be customized to address fu- 18 ture capabilities required by law. 19 (4) Fully automated to the extent practicable 20 for all original and supplemental claims, including 21 with respect to calculating accurate awards. 22 (5) The ability for individuals entitled to edu- 23 cational assistance to electronically apply for, with- 24 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1936 IS draw from, and amend such entitlement, and to re- 1 allocate a transferred entitlement. 2 (6) The ability to electronically process changes 3 made by educational institutions. 4 (7) The ability to verify attendance at an edu- 5 cational institution. 6 (8) The ability to process validations made by 7 an educational institution. 8 (c) INITIAL REPORT.—Not later than 120 days after 9 the date of the enactment of this Act, the Secretary shall 10 submit to the Committee on Veterans’ Affairs of the Sen- 11 ate and the Committee on Veterans’ Affairs of the House 12 of Representatives a report on the cost, schedule, and per- 13 formance of the project for implementing the information 14 technology service required by subsection (a), including, 15 with respect to such project, the following: 16 (1) An estimate of acquisition, implementation, 17 and life cycle costs (including all direct and indirect 18 costs to acquire, implement, operate, and maintain 19 such system). 20 (2) An intended implementation schedule indi- 21 cating significant milestones, initial operating capa- 22 bility, and full operating capability or completion. 23 (3) Key business, functional, or performance 24 objectives. 25 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1936 IS (4) With respect to both original claims and 1 supplemental claims processed on a monthly basis, 2 statistics regarding— 3 (A) the number of such claims processed 4 using legacy information systems; 5 (B) the number of such claims that were 6 off-ramped and processed manually; and 7 (C) the number of such claims estimated 8 to be processed using the modern information 9 technology service. 10 (5) The amount of savings that are estimated 11 to be realized from using the modern information 12 technology service rather than legacy information 13 technology systems. 14 (6) The estimated accuracy of processing 15 claims. 16 (7) The estimated timeliness for— 17 (A) processing original claims; and 18 (B) processing supplemental claims. 19 (8) A description of how the modern informa- 20 tion technology service will— 21 (A) automate the processing of original 22 claims; and 23 (B) automate the processing of supple- 24 mental claims. 25 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1936 IS (d) DEFINITIONS.—In this section: 1 (1) LEGACY INFORMATION TECHNOLOGY SYS- 2 TEM.—The term ‘‘legacy information technology sys- 3 tem’’ means an information technology system used 4 by the Department of Veterans Affairs to process 5 claims for educational assistance under chapters 30, 6 33, 35, and 36 of title 38, United States Code, be- 7 fore the date on which the Secretary of Veterans Af- 8 fairs commences implementation under subsection 9 (a) of the modern information technology service. 10 (2) MODERN INFORMATION TECHNOLOGY SERV- 11 ICE.—The term ‘‘modern information technology 12 service’’ means the information technology service 13 implemented under subsection (a) to process claims 14 for educational assistance under chapters 30, 33, 35, 15 and 36 of title 38, United States Code. 16 SEC. 6. TIME PERIOD FOR ELIGIBILITY UNDER SURVIVORS’ 17 AND DEPENDENTS’ EDUCATIONAL ASSIST- 18 ANCE PROGRAM OF DEPARTMENT OF VET- 19 ERANS AFFAIRS. 20 (a) IN GENERAL.—Section 3512 of title 38, United 21 States Code, is amended— 22 (1) by redesignating subsection (h) as sub- 23 section (f); and 24 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1936 IS (2) by adding at the end the following new sub- 1 section: 2 ‘‘(g) Notwithstanding any other provision of this sec- 3 tion, the following persons may be afforded educational 4 assistance under this chapter at any time after August 5 1, 2023, and without regard to the age of the person: 6 ‘‘(1) A person who first becomes an eligible per- 7 son on or after August 1, 2023. 8 ‘‘(2) A person who— 9 ‘‘(A) first becomes an eligible person be- 10 fore August 1, 2023; and 11 ‘‘(B) becomes 18 years of age, or com- 12 pletes secondary schooling, on or after August 13 1, 2023.’’. 14 (b) CONFORMING AMENDMENTS.—Such section is 15 further amended— 16 (1) in subsection (a), by striking ‘‘The edu- 17 cational’’ and inserting ‘‘Except as provided in sub- 18 section (g), the educational’’; 19 (2) in subsection (b)— 20 (A) in paragraph (1)(A), by inserting 21 ‘‘subsection (g) or’’ after ‘‘provided in’’; and 22 (B) in paragraph (2), by striking ‘‘Not- 23 withstanding’’ and inserting ‘‘Except as pro- 24 vided in subsection (g), notwithstanding’’; and 25 VerDate Sep 11 2014 16:19 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1936.IS S1936 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1936 IS (3) in subsection (e), by striking ‘‘No person’’ 1 and inserting ‘‘Except as provided in subsection (g), 2 no person’’. 3 SEC. 7. PILOT PROGRAM ON SHORT-TERM FELLOWSHIP 4 PROGRAMS. 5 (a) AUTHORITY.—The Assistant Secretary of Labor 6 for Veterans’ Employment and Training shall carry out 7 a pilot program under which a State may use a grant or 8 contract under section 4102A(b)(5) of title 38, United 9 States Code, to carry out a short-term fellowship program. 10 (b) LOCATIONS; AGREEMENTS.—The Secretary shall 11 select at least three, but not more than five, States to 12 carry out a short-term fellowship program pursuant to 13 subsection (a). Each such State shall enter into an agree- 14 ment with a non-profit organization to carry out such pro- 15 gram. 16 (c) SHORT-TERM FELLOWSHIP PROGRAM.—Each 17 short-term fellowship program carried out by a State pur- 18 suant to subsection (a) shall— 19 (1) consist of veterans participating as fellows 20 with an employer for a period not exceeding 20 21 wee [Text truncated for display. Full text available on Congress.gov.]