US House Rep Susan Davis' office issued the following:
Washington, November 13, 2019
The House of Representatives passed legislation by
Rep. Susan Davis (CA-53) to ensure fair treatment of veterans and their
families receiving housing assistance related to their GI Bill
benefits. Davis’s bill - the Reserve and Guard GI Bill Housing Fairness
Act (H.R. 4312) - will allow continued housing payments from the
Department of Veterans Affairs with a veteran’s GI Bill education
benefits even when a Reservist or Guardsman is called to active duty.
Currently, VA housing aid stops when they go on active duty.
The issue was brought to Davis’s attention by a
constituent, a first lieutenant in the Navy Reserve, who was told to
repay his housing allowance because of a glitch in a new law to prevent
double dipping where a servicemember is getting two housing allowances.
“Our servicemembers should not be penalized because of an
unintended consequence created by legislation passed by Congress,” said
Rep. Davis, a senior member of the House Armed Services Committee. “I’m
pleased to see my bill included in this larger bill to improve education
benefits for our veterans.”
Under current law, the VA doesn’t pay a basic housing
allowance (BAH) when a member of the guard or reserve is using their VA
education benefits and then goes on active duty. However, in the
instance of Davis’s constituent, the veteran had transferred his GI Bill
benefits to his wife, as allowed by law. She received BAH from the VA
while he was active duty but, because the orders were for less than 30
days, he was not getting a BAH from the Navy. Despite only receiving one
housing allowance, the VA discovered the payouts and directed the
veteran to repay, creating a debt of $6,000.
Davis’s bill will allow VA housing payments with GI Bill
education benefits to continue as long as as the Guardsmen or Reservists
are called to active duty for less than 30 days. Her legislation was
included in the Protect the GI Bill Act (H.R. 4625), which passed the
House unanimously.
Davis’s congressional office is currently working with the
constituent to have the debt waived. If enacted, the Reserve and Guard
GI Bill Housing Fairness Act will prevent instances of this happening to
veterans in the future.
