[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5603 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 5603
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2021
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to establish protections for a
member of the Armed Forces who leaves a course of education, paid for
with certain educational assistance, to perform certain service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protections for Student Veterans
Act''.
SEC. 2. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE ARMED FORCES
WHO LEAVES A COURSE OF EDUCATION, PAID FOR WITH CERTAIN
EDUCATIONAL ASSISTANCE, TO PERFORM CERTAIN SERVICE.
(a) Establishment.--Chapter 36 of title 38, United States Code,
amended by inserting after section 3691 the following new section:
``Sec. 3691A. Withdrawal or leave of absence from certain education
``(a) In General.--
``(1) Withdrawal or leave of absence.--A covered member
may, after receiving orders to enter a period of covered
service, withdraw or take a leave of absence from covered
education.
``(2) Prohibition on adverse action.--The institution
concerned may not take any adverse action against a covered
member on the basis that such covered member withdraws or takes
a leave of absence under paragraph (1). Adverse actions include
the following:
``(A) The assignment of a failing grade to a
covered member for covered education.
``(B) The reduction of the grade point average of a
covered member for covered education.
``(C) The characterization of any absence of a
covered member from covered education as unexcused.
``(D) The assessment of any financial penalty
against a covered member.
``(b) Withdrawal.--If a covered member withdraws from covered
education under subsection (a), the institution concerned shall refund
all tuition and fees (including payments for housing) for the academic
term from which the covered servicemember withdraws.
``(c) Leave of Absence.--If a covered member takes a leave of
absence from covered education under subsection (a), the institution
concerned shall--
``(1) assign a grade of `incomplete' (or equivalent) to the
covered member for covered education for the academic term from
which the covered member takes such leave of absence; and
``(2) to the extent practicable, permit the covered member,
upon completion of the period covered service, to complete such
academic term.
``(d) Definitions.--In this section:
``(1) The term `covered education' means a course of
education--
``(A) at an institution of higher education; and
``(B) paid for with educational assistance
furnished under a law administered by the Secretary.
``(2) The term `covered member' means a member of the Armed
Forces (including the reserve components) enrolled in covered
education.
``(3) The term `covered service' means--
``(A) active service or inactive-duty training, as
such terms are defined in section 101 of title 10; or
``(B) State active duty, as defined in section 4303
of this title.
``(4) The term `institution concerned' means, with respect
to a covered member, the institution of higher education where
the covered member is enrolled in covered education.
``(5) The term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(6) The term `period of covered service' means the period
beginning on the date on which a covered member enters covered
service and ending on the date on which the covered member is
released from covered service or dies while in covered
service.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such chapter is amended by inserting after the item relating to section
3691 the following new item:
``3691A.Withdrawal or leave of absence from certain education.''.
SEC. 3. IMPROVEMENTS TO ASSISTANCE PROVIDED FOR CERTAIN FLIGHT TRAINING
AND OTHER PROGRAMS OF EDUCATION.
(a) Use of Entitlement for Private Pilot's Licenses.--Section
3034(d) of title 38, United States Code, is amended--
(1) in paragraph (1) by striking the semicolon and
inserting the following: ``and is required for the course of
education being pursued (including with respect to a dual
major, concentration, or other element a degree); and'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Accelerated Payments for Flight Training.--Section 3313 of such
title is amended by adding at the end the following new subsection:
``(m) Accelerated Payments for Certain Flight Training.--
``(1) Payments.--An individual enrolled in a program of
education pursued at an institution of higher learning in which
flight training is required to earn the degree being pursued
(including with respect to a dual major, concentration, or
other element of such a degree) may elect to receive
accelerated payments of amounts for tuition and fees determined
under subsection (c). The amount of each accelerated payment
shall be an amount equal to twice the amount for tuition and
fee so determined under such subsection, but the total amount
of such payments may not exceed the total amount of tuition and
fees for the program of education. The amount of monthly
stipends shall be determined in accordance with such subsection
(c) and may not be accelerated under this paragraph.
``(2) Educational counseling.--An individual may make an
election under paragraph (1) only if the individual receives
educational counseling under section 3697A(a) of this title.
``(3) Charge against entitlement.--The number of months of
entitlement charged an individual for accelerated payments made
pursuant to paragraph (1) shall be determined at the rate of
two months for each month in which such an accelerated payment
is made.''.
(c) Flight Training at Public Institutions.--Subsection (c)(1)(A)
of such section 3313 is amended--
(1) in clause (i)--
(A) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively;
(B) by striking ``In the case of a program of
education pursued at a public institution of higher
learning'' and inserting ``(I) Subject to subclause
(II), in the case of a program of education pursued at
a public institution of higher learning not described
in clause (ii)(II)(bb)''; and
(C) by adding at the end the following new
subclause:
``(II) In determining the actual net cost
for in-State tuition and fees pursuant to
subclause (I), the Secretary may not pay for
tuition and fees relating to flight
training.''; and
(2) in clause (ii)--
(A) in subclause (I), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(B) in subclause (II), by redesignating items (aa)
and (bb) as subitems (AA) and (BB), respectively;
(C) by redesignating subclauses (I) and (II) as
items (aa) and (bb), respectively;
(D) by striking ``In the case of a program of
education pursued at a non-public or foreign
institution of higher learning'' and inserting ``(I) In
the case of a program of education described in
subclause (II)''; and
(E) by adding at the end the following new
subclause:
``(II) A program of education described in
this subclause is any of the following:
``(aa) A program of education
pursued at a non-public or foreign
institution of higher learning.
``(bb) A program of education
pursued at a public institution of
higher learning in which flight
training is required to earn the degree
being pursued (including with respect
to a dual major, concentration, or
other element of such a degree).''.
(d) Certain Programs of Education Carried Out Under Contract.--
Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added
by subsection (c)(2)(E), is amended by adding at the end the following
new item:
``(cc) A program of education
pursued at a public institution of
higher learning in which the public
institution of higher learning enters
into a contract or agreement with an
entity (other than another public
institution of higher learning) to
provide such program of education or a
portion of such program of
education.''.
(e) Application.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date of the enactment of this Act.
(2) Special rule for current students.--In the case of an
individual who, as of the date of the enactment of this Act, is
using educational assistance under chapter 33 of title 38,
United States Code, to pursue a course of education that
includes a program of education described in item (bb) or (cc)
of section 3313(c)(1)(A)(ii)(II) of title 38, United States
Code, as added by subsections (c) and (d), respectively, the
amendment made by such subsection shall apply with respect to a
quarter, semester, or term, as applicable, commencing on or
after the date that is two years after the date of the
enactment of this Act.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Passed the House of Representatives November 16, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.