[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4890 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4890
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, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2022
Ms. Hassan (for herself and Mr. Tillis) 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 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, and
for other purposes.
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
of 2022''.
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)(A) Subject to subparagraph (B), a covered
individual may, after receiving orders to enter a period of covered
service, withdraw or take a leave of absence from covered education.
``(B) Subparagraph (A) shall not apply to a covered individual who
is not abiding the regularly prescribed standards and practices of the
educational institution concerned for attendance, conduct, and
progress.
``(2)(A) The institution concerned may not take any adverse action
described in subparagraph (B) against a covered individual on the basis
that such covered individual withdraws or takes a leave of absence
under paragraph (1).
``(B) The adverse actions described in this subparagraph are as
follows:
``(i) The assignment of a failing grade to a covered
individual for covered education.
``(ii) The reduction of the grade point average of a
covered individual for covered education.
``(iii) The characterization of any absence of a covered
individual from covered education as unexcused.
``(iv) The assessment of any financial penalty against a
covered individual.
``(b) Withdrawal.--If a covered individual 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 individual withdraws.
``(c) Leave of Absence.--If a covered individual 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 individual for covered education for the academic term
from which the covered individual takes such leave of absence;
and
``(2) to the extent practicable, permit the covered
individual, upon completion of the period of 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 individual' means an individual
who--
``(A) is enrolled in covered education; and
``(B) is--
``(i) a member of the Armed Forces
(including the reserve components); or
``(ii) the spouse of a member described in
clause (i).
``(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 individual, the institution of higher education
where the covered individual 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 individual or the
spouse of a covered individual enters covered service and
ending on the date on which the covered individual or spouse is
released from covered service or dies while in covered
service.''.
(b) Report.--
(1) In general.--Not later two years after the date of the
enactment of this Act and not later than five years after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the use of the authority under
section 3691A(a) of title 38, United States Code, as added by
subsection (a).
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) The number of covered individuals using the
authority described in paragraph (1), disaggregated
by--
(i) in the cases in which the covered
individual is a member of the Armed Forces, the
component of the Armed Forces of which the
covered individual is a member; and
(ii) in the cases in which the covered
individual is a spouse of a member of the Armed
Forces, the component of the Armed Forces of
such member.
(B) The number of times that such authority was
used, disaggregated by--
(i) whether the authority was used for a
leave of absence or a withdrawal;
(ii) the type of covered duty for which the
authority was used;
(iii) the program of educational assistance
that was being used to pay for the program of
education from which the covered individual
withdrew or took a leave of absence; and
(iv) the duration of the covered duty for
which the authority was used.
(c) 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.''.
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