II 

115TH CONGRESS 

2D SESSION S. 5 

To require the Secretary of Veterans Affairs to pay individuals who are 

owed educational assistance under the Post-9/11 Educational Assistance 

program the amounts of educational assistance that they are entitled 

to by law, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 4, 2018 

Mr. GARDNER (for himself and Mr. JONES) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To require the Secretary of Veterans Affairs to pay individuals who are owed educational assistance under the Post9/11 Educational Assistance program the amounts of 

educational assistance that they are entitled to by law, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fix Immediately Out5 standing Underpayments for Student Veterans Act of 

6 2018’’ or the ‘‘Fix IOUs for Student Veterans Act of 

7 2018’’. 


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1 SEC. 2. PAYMENT OF AMOUNTS OWED UNDER POST-9/11 

2 EDUCATIONAL ASSISTANCE PROGRAM. 

3 (a) IN GENERAL.—The Secretary of Veterans Affairs 

4 shall ensure that on or before the date that is 60 days 

5 after the date of the enactment of this Act, each individual 

6 who received a monthly stipend under section 3313 of title 

7 38, United States Code, during the period beginning on 

8 August 1, 2018, and ending on December 31, 2018, in 

9 an amount that was less than the amount to which the 

10 individual was entitled under such section is provided an 

11 amount that is equal to the difference between— 

12 (1) the amount of monthly stipend to which the 

13 individual is entitled under such section; and 

14 (2) the amount of monthly stipend the indi15 vidual received under such section. 

16 (b) ESTABLISHMENT OF COMMISSION.—The Sec17 retary shall establish a commission on the correction of 

18 payments of monthly stipend under such section that were 

19 deficient as a result of difficulties encountered by the De20 partment of Veterans Affairs in carrying out such section 

21 after the enactment of sections 107 and 501 of the Harry 

22 W. Colmery Veterans Educational Assistance Act of 2017 

23 (Public Law 115–48; 38 U.S.C. 3313 note and 37 U.S.C. 

24 403 note). 

25 (c) AUDITS.—The commission established under sub26 section (b) shall audit each payment of monthly stipend 


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1 made under such section during the period beginning on 

2 August 1, 2018, and ending on December 31, 2018, to 

3 determine whether the amount of the payment was defi4 cient with respect to the amounts of monthly stipend that 

5 were required pursuant to section 3313 of such title as 

6 in effect at the time. 

7 (d) HIRING AUTHORITY.—The Secretary may hire 

8 such personnel as the Secretary considers appropriate to 

9 carry out this section. 

10 (e) TREATMENT OF OVERPAYMENTS.—An overpay11 ment of monthly stipend under section 3313 of title 38, 

12 United States Code, that occurred during the period be13 ginning on August 1, 2018, and ending on December 31, 

14 2018, and that occurred as a result of difficulties de15 scribed in subsection (b) shall be treated as if the Sec16 retary had made a determination under section 5302(a) 

17 of such title that recovery would be against equity and 

18 good conscience. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Secretary such sums 

21 as may be necessary to carry out this section. 

Æ 


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