IB 

Union Calendar No. 19 

117TH CONGRESS 

1ST SESSION H. R. 2167 

[Report No. 117–34] 

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 HOUSE OF REPRESENTATIVES 

MARCH 23, 2021 

Ms. SHERRILL (for herself and Mrs. MILLER-MEEKS) introduced the following 

bill; which was referred to the Committee on Veterans’ Affairs 

MAY 14, 2021 

Additional sponsors: Mr. RYAN, Mrs. LURIA, Mr. FITZPATRICK, and Mr. 

KATKO

MAY 14, 2021 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 23, 2021] 


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A BILL 

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. 


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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 ‘‘GI Bill National Emer5 gency Extended Deadline Act’’. 

6 SEC. 2. EXTENSION OF TIME LIMITATION FOR USE OF ENTI7 TLEMENT UNDER DEPARTMENT OF VET8 ERANS AFFAIRS EDUCATIONAL ASSISTANCE 

9 PROGRAMS BY REASON OF SCHOOL CLO10 SURES DUE TO EMERGENCY AND OTHER SIT11 UATIONS. 

12 (a) MONTGOMERY GI BILL.—Section 3031 of title 38, 

13 United States Code, is amended— 

14 (1) in subsection (a), by inserting ‘‘and sub15 section (i)’’ after ‘‘through (g)’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(i)(1) In the case of an individual eligible for edu19 cational assistance under this chapter who is prevented 

20 from pursuing the individual’s chosen program of education 

21 before the expiration of the 10-year period for the use of 

22 entitlement under this chapter otherwise applicable under 

23 this section because of a covered reason, as determined by 

24 the Secretary, such 10-year period— 


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1 ‘‘(A) shall not run during the period the indi2 vidual is so prevented from pursuing such program; 

3 and 

4 ‘‘(B) shall again begin running on a date deter5 mined by the Secretary that is— 

6 ‘‘(i) not earlier than the first day after the 

7 individual is able to resume pursuit of a pro8 gram of education with educational assistance 

9 under this chapter; and 

10 ‘‘(ii) not later than 90 days after that day. 

11 ‘‘(2) In this subsection, a covered reason is— 

12 ‘‘(A) the temporary or permanent closure of an 

13 educational institution by reason of an emergency sit14 uation; or 

15 ‘‘(B) another reason that prevents the individual 

16 from pursuing the individual’s chosen program of 

17 education, as determined by the Secretary.’’. 

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 sub24 paragraph: 


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1 ‘‘(B) Subsection (i) of section 3031 of this title 

2 shall apply with respect to the running of the 15-year 

3 period described in paragraphs (4)(A) and (5)(A) of 

4 this subsection in the same manner as such subsection 

5 applies under section 3031 with respect to the run6 ning of the 10-year period described in section 

7 3031(a).’’. 

8 SEC. 3. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON 

9 OF SCHOOL CLOSURES DUE TO EMERGENCY 

10 AND OTHER SITUATIONS UNDER DEPART11 MENT OF VETERANS AFFAIRS TRAINING AND 

12 REHABILITATION PROGRAM FOR VETERANS 

13 WITH SERVICE-CONNECTED DISABILITIES. 

14 Section 3103 of title 38, United States Code, is amend15 ed— 

16 (1) in subsection (a), by striking ‘‘or (g)’’ and 

17 inserting ‘‘(g), or (h)’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(h)(1) In the case of a veteran who is eligible for a 

21 vocational rehabilitation program under this chapter and 

22 who is prevented from participating in the vocational reha23 bilitation program within the period of eligibility pre24 scribed in subsection (a) because of a covered reason, as de25 termined by the Secretary, such period of eligibility— 


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1 ‘‘(A) shall not run during the period the veteran 

2 is so prevented from participating in such program; 

3 and 

4 ‘‘(B) shall again begin running on a date deter5 mined by the Secretary that is— 

6 ‘‘(i) not earlier than the first day after the 

7 veteran is able to resume participation in a vo8 cational rehabilitation program under this chap9 ter; and 

10 ‘‘(ii) not later than 90 days after that day. 

11 ‘‘(2) In this subsection, a covered reason is— 

12 ‘‘(A) the temporary or permanent closure of an 

13 educational institution by reason of an emergency sit14 uation; or 

15 ‘‘(B) another reason that prevents the veteran 

16 from participating in the vocational rehabilitation 

17 program, as determined by the Secretary.’’. 


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1 SEC. 4. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL 

2 OF COURSES OFFERED BY PUBLIC INSTITU3 TIONS OF HIGHER LEARNING THAT DO NOT 

4 CHARGE VETERANS THE IN-STATE TUITION 

5 RATE FOR PURPOSES OF SURVIVORS’ AND 

6 DEPENDENTS’ EDUCATIONAL ASSISTANCE 

7 PROGRAM. 

8 (a) IN GENERAL.—Section 3679(c) of title 38, United 

9 States Code, is amended— 

10 (1) in paragraph (1), by striking ‘‘or 33’’ and 

11 inserting ‘‘33, or 35’’; 

12 (2) in paragraph (2), by adding at the end the 

13 following new subparagraph: 

14 ‘‘(D) An individual who is entitled to assistance 

15 under section 3510 of this title.’’; and 

16 (3) in paragraph (6), by striking ‘‘and 33’’ and 

17 inserting ‘‘33, and 35’’. 

18 (b) CONFORMING AMENDMENTS.—Section 3679(e) of 

19 such title is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (A), by striking ‘‘or 

22 33’’ and inserting ‘‘, 33, or 35’’; and 

23 (B) in subparagraph (B), by striking ‘‘or 

24 33’’ and inserting ‘‘33, or 35’’; and 

25 (2) in paragraph (2), by striking ‘‘or 33’’ and 

26 inserting ‘‘33, or 35’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 Act shall take effect on the date of the enactment of this 

3 Act and shall apply with respect to an academic period 

4 that begins on or after August 1, 2022. 

5 SEC. 5. IMPROVEMENTS TO INFORMATION TECHNOLOGY 

6 SERVICES USED TO PROCESS CLAIMS FOR 

7 EDUCATIONAL ASSISTANCE. 

8 (a) MODERN INFORMATION TECHNOLOGY SERVICE.— 

9 The Secretary of Veterans Affairs shall implement an infor10 mation technology service to process claims for educational 

11 assistance under chapters 30, 33, 35, and 36 of title 38, 

12 United States Code, using one or more commercial software 

13 systems. The Secretary shall complete such implementation 

14 not later than August 1, 2024. 

15 (b) REQUIRED CAPABILITIES.—The Secretary shall 

16 ensure that the modern information technology service 

17 under subsection (a) has the following capabilities: 

18 (1) As compared to legacy information tech19 nology systems— 

20 (A) the ability to process claims faster and 

21 in a more efficient manner by improving proc22 essing integration and accuracy; 

23 (B) improved data exchange and reporting; 

24 and 


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1 (C) improved customer integration and sim2 plification of the online experience. 

3 (2) Timely communication by employees of the 

4 Department of Veterans Affairs to individuals and 

5 educational institutions using an online portal that 

6 can provide real-time information on claims for edu7 cational assistance. 

8 (3) The ability to be customized to address future 

9 capabilities required by law. 

10 (4) Fully automated to the extent practicable for 

11 all original and supplemental claims, including with 

12 respect to calculating accurate awards. 

13 (5) The ability for individuals entitled to edu14 cational assistance to electronically apply for, with15 draw from, and amend such entitlement, and to re16 allocate a transferred entitlement. 

17 (6) The ability to electronically process changes 

18 made by educational institutions. 

19 (7) The ability to verify attendance at an edu20 cational institution. 

21 (8) The ability to process validations made by 

22 an educational institution. 

23 (c) INITIAL REPORT.—Not later than 120 days after 

24 the date of the enactment of this Act, the Secretary shall 

25 submit to the Committees on Veterans’ Affairs of the House 


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1 of Representatives and the Senate a report containing infor2 mation on the cost, schedule, and performance of the project 

3 for implementing such system, including, with respect to 

4 such project, the following: 

5 (1) An estimate of acquisition, implementation, 

6 and life cycle costs (including all direct and indirect 

7 costs to acquire, implement, operate, and maintain 

8 such system). 

9 (2) An intended implementation schedule indi10 cating significant milestones, initial operating capa11 bility, and full operating capability or completion. 

12 (3) Key business, functional, or performance ob13 jectives. 

14 (4) With respect to both original claims and sup15 plemental claims processed on a monthly basis, statis16 tics regarding— 

17 (A) the number of such claims processed 

18 using legacy information systems; 

19 (B) the number of such claims that were off20 ramped and processed manually; and 

21 (C) the number of such claims estimated to 

22 be processed using the modern information tech23 nology service. 

24 (5) The amount of savings that are estimated to 

25 be realized from using the modern information techVerDate Sep 11 2014 21:31 May 14, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2167.RH H2167

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1 nology service rather than legacy information tech2 nology systems. 

3 (6) The estimated accuracy of processing 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 information 

8 technology service will— 

9 (A) automate the processing of original 

10 claims; and 

11 (B) automate the processing of supple12 mental claims. 

13 (d) UPDATED INFORMATION.— 

14 (1) ANNUAL REPORTS.—On an annual basis 

15 during the period in which the Secretary is imple16 menting the modern information technology service, 

17 the Secretary shall submit to the Committees on Vet18 erans’ Affairs of the House of Representatives and the 

19 Senate a report containing updated information re20 garding the matters specified in subsection (c). Each 

21 such updated report shall identify any changes to the 

22 cost, schedule, or performance of the project to imple23 ment such system. 

24 (2) NOTIFICATION.— 


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1 (A) REQUIREMENT.—Not later than 60 

2 days after the date on which an action described 

3 in subparagraph (B) occurs, the Secretary shall 

4 submit to the Committees on Veterans’ Affairs of 

5 the House of Representatives and the Senate a 

6 notification of such action, including a descrip7 tion of and explanation for such action. 

8 (B) ACTION DESCRIBED.—An action de9 scribed in this subparagraph is, with respect to 

10 the project to implement the modern information 

11 technology service, any of the following: 

12 (i) With respect to the acquisition, im13 plementation, or life cycle cost of the 

14 project, or an increment therein, a change 

15 or variance that is 10 percent or greater 

16 compared to the amount identified the most 

17 recent report submitted under paragraph 

18 (1). 

19 (ii) With respect to the schedule for 

20 achieving a significant milestone, initial 

21 operating capability, or final completion of 

22 the project, a change or variance that is 180 

23 days or greater compared to the schedule 

24 identified the most recent report submitted 

25 under paragraph (1). 


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1 (iii) With respect to the performance, 

2 an instance where a key business, func3 tional, or performance objective is not at4 tained, or is not anticipated to be attained, 

5 in whole or in part. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary of Veterans 

8 Affairs for fiscal years 2022 through 2024 a total of 

9 $250,000,000 to carry out this section. 

10 (f) DEFINITIONS.—In this section: 

11 (1) The term ‘‘legacy information technology sys12 tem’’ means an information technology system used 

13 by the Department of Veterans Affairs to process 

14 claims for educational assistance under chapters 30, 

15 33, 35, and 36 of title 38, United States Code, before 

16 the date on which the Secretary of Veterans Affairs 

17 awards a contract under subsection (a) for the mod18 ern information technology service. 

19 (2) The term ‘‘modern information technology 

20 service’’ means the information technology service im21 plemented under subsection (a) to process claims for 

22 educational assistance under chapters 30, 33, 35, and 

23 36 of title 38, United States Code. 


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1 SEC. 6. TIME PERIOD FOR ELIGIBILITY UNDER SURVIVORS’ 

2 AND DEPENDENTS’ EDUCATIONAL ASSIST3 ANCE PROGRAM OF DEPARTMENT OF VET4 ERANS AFFAIRS. 

5 (a) IN GENERAL.—Section 3512 of title 38, United 

6 States Code, is amended— 

7 (1) by redesignating subsection (h) as subsection 

8 (f); and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(g) Notwithstanding any other provision of this sec12 tion, the following persons may be afforded educational as13 sistance under this chapter at any time after August 1, 

14 2023, and without regard to the age of the person: 

15 ‘‘(1) A person who first becomes an eligible per16 son on or after August 1, 2023. 

17 ‘‘(2) A person who— 

18 ‘‘(A) first becomes an eligible person before 

19 August 1, 2023; and 

20 ‘‘(B) has not received any payment of edu21 cational assistance under this chapter before such 

22 date.’’. 

23 (b) CONFORMING AMENDMENTS.—Such section is fur24 ther amended— 


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1 (1) in subsection (a), by striking ‘‘The edu2 cational’’ and inserting ‘‘Except as provided in sub3 section (g), the educational’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)(A), by inserting ‘‘sub6 section (g) or’’ after ‘‘provided in’’; and 

7 (B) in paragraph (2), by striking ‘‘Notwith8 standing’’ and inserting ‘‘Except as provided in 

9 subsection (g), notwithstanding’’; and 

10 (3) in subsection (e), by striking ‘‘No person’’ 

11 and inserting ‘‘Except as provided in subsection (g), 

12 no person’’. 

13 SEC. 7. PILOT PROGRAM ON SHORT-TERM FELLOWSHIP 

14 PROGRAMS. 

15 (a) AUTHORITY.—The Assistant Secretary of Labor for 

16 Veterans’ Employment and Training shall carry out a pilot 

17 program under which a State may use a grant or contract 

18 under section 4102A(b)(5) of title 38, United States Code, 

19 to carry out a short-term fellowship program. 

20 (b) LOCATIONS; AGREEMENTS.—The Secretary shall 

21 select at least three, but not more than five, States to carry 

22 out a short-term fellowship program pursuant to subsection 

23 (a). Each such State shall enter into an agreement with 

24 a non-profit organization to carry out such program. 


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1 (c) SHORT-TERM FELLOWSHIP PROGRAM.—Each 

2 short-term fellowship program carried out by a State pur3 suant to subsection (a) shall— 

4 (1) consist of veterans participating as fellows 

5 with an employer for a period not exceeding 20 weeks; 

6 (2) provide to such veterans a monthly stipend 

7 during such period; and 

8 (3) provide to such veterans an opportunity to be 

9 employed on a long-term basis with the employer fol10 lowing such period. 

11 (d) AMOUNT OF STIPEND.—The amount of the stipend 

12 provided to a veteran pursuant to subsection (c)(2) for a 

13 month shall be the amount equal to the amount of the wages 

14 earned by the veteran during that month for participating 

15 in the fellowship 

16 (e) COMPTROLLER GENERAL REPORT.—Not later than 

17 four years after the date on which the pilot program com18 mences under this section, the Comptroller General of the 

19 United States shall submit to the Committees on Veterans’ 

20 Affairs of the House of Representatives and the Senate a 

21 report on the pilot program. 

22 (f) DEFINITION OF STATE.—In this section, the term 

23 ‘‘State’’ has the meaning given such term in section 4101(6) 

24 of title 38, United States Code. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—In addi2 tion to funds made available under section 4102A(b)(5) of 

3 title 38, United States Code, there is authorized to be appro4 priated to the Assistant Secretary to carry out the pilot pro5 gram under this section $15,000,000 for each of fiscal years 

6 2021 through 2025. 


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Union Calendar No. 19 

117TH CONGRESS 

1ST SESSION H. R. 2167 

[Report No. 117–34] 

A BILL 

To amend title 38, United States Code, to provide 

situations, and for other purposes. of school closures due to emergency and other fairs educational assistance programs by reason entitlement under Department of Veterans Affor extensions of the time limitations for use of 

MAY 14, 2021 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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