Text: H.R.821 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 821 IH
102d CONGRESS
1st Session
 H. R. 821
To provide for the cancellation of a portion of the direct student loans of
members of the Armed Forces who serve in a combat zone in connection with
the Persian Gulf conflict and to require the restoration of educational
benefits and tuition reimbursement for those members of the Armed Forces
who are unable to pursue studies because of military commitments.
IN THE HOUSE OF REPRESENTATIVES
February 5, 1991
Mr. RICHARDSON introduced the following bill; which was referred jointly to
the Committees on Education and Labor, Armed Services, and Veterans' Affairs
A BILL
To provide for the cancellation of a portion of the direct student loans of
members of the Armed Forces who serve in a combat zone in connection with
the Persian Gulf conflict and to require the restoration of educational
benefits and tuition reimbursement for those members of the Armed Forces
who are unable to pursue studies because of military commitments.
  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 `Persian Gulf Conflict Education Equity Act'.
SEC. 2. CANCELLATION OF STUDENT LOANS FOR MILITARY SERVICE IN A COMBAT ZONE
IN CONNECTION WITH THE PERSIAN GULF CONFLICT.
  Section 465(a) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a))
  is amended--
  (1) in pargraph (2)(D)--
  (A) by inserting `(i)' after `(D)';
  (B) by inserting `or' after `hostilities;'; and
  (C) by adding at the end of such paragraph the following new subpargraph:
  `(ii) as a member of the Armed Forces of the United States, for services
  in connection with the Persian Gulf conflict on or after August 2, 1990,
  in an area designated as a combat zone under section 112(c)(2) of the
  Internal Revenue Code of 1986;'; and
  (2) by adding at the end the following new paragraph:
  `(6) Service considered under paragraph (2)(D)(ii) of this subsection may not
  be considered as service under paragraph (2)(D)(i) of this subsection. The
  percent of a loan which shall be canceled under this subsection for
  service under paragraph (2)(D)(ii) of this subsection shall be prorated
  if that service is less than a complete year. For purposes of paragraph
  (2)(D)(ii) of this subsection, the term `Persian Gulf conflict' means the
  period beginning on August 2, 1990, and ending on the date designated by
  the President by Executive order as the date of the termination of United
  States combatant activities in the Persian Gulf region.'.
SEC. 3. REIMBURSEMENT OF TUITION PAYMENTS LOST BECAUSE OF MILITARY SERVICE
OBLIGATIONS.
  (a) REIMBURSEMENT OF PAYMENTS- Every educational institution that offers
  courses of study approved for purposes of chapter 30, 32, or 35 of title
  38, United States Code, or chapter 106 of title 10, United States Code,
  shall reimburse each student who is enrolled at that institution and is
  a member of the Armed Forces for the entire amount of tuition and fees
  paid by the student to the institution with respect to any course of study
  that the student is unable to complete or fails because of the student's
  service on active duty in connection with the Persian Gulf conflict.
  (b) EFFECT OF FAILURE TO REIMBURSE- (1) No program of education or other
  course of study offered by any educational institution shall be considered
  as approved for purposes of any of the chapters referred to in subsection
  (a) if, within 45 days after the date of the enactment of this Act, the
  institution does not certify to the Secretary of Veterans Affairs that it
  is implementing the requirement of such subsection.
  (2) Federal financial assistance may not be made available under the
  Higher Education Act of 1965 to an educational institution if, within 45
  days after the date of the enactment of this Act, the institution does
  not certify to the Secretary of Education that it is implementing the
  requirement of subsection (a).
  (c) DEFINITIONS--For purposes of this section:
  (1) The term `educational institution' has the meaning given that term in
  section 1701(a)(6) of title 38, United States Code.
  (2) The term `Persian Gulf conflict' means the period beginning on August
  2, 1990, and ending on the date designated by the President by Executive
  order as the date of the termination of United States combatant activities
  in the Persian Gulf region.
SEC. 4. RESTORATION OF CERTAIN EDUCATION BENEFITS.
  (a) RESTORATION OF EDUCATION ASSISTANCE BENEFITS- Notwithstanding any other
  provision of law, any payment under chapter 30, 32, or 35 of title 38,
  United States Code, or under chapter 106 of title 10, United States Code,
  to an individual who is a member of the Armed Forces shall, for purposes
  of determining the amount of benefits payable to such individual under any
  such chapter, be considered not to have been paid, if the payment is made
  as a result of the individual's enrollment in a course of study that the
  individual is unable to complete or fails because of the person's service
  on active duty in connection with the Persian Gulf conflict.
  (b) PERSIAN GULF CONFLICT DEFINED- For purposes of this section, the term
  `Persian Gulf conflict' means the period beginning on August 2, 1990,
  and ending on the date designated by the President by Executive order as
  the date of the termination of United States combatant activities in the
  Persian Gulf region.
  (c) REPORT ON IMPLEMENTATION- Not later than one year after the date of
  the enactment of this Act, the Secretary of Veterans Affairs shall submit
  a report to the Congress describing the implementation of this section.
SEC. 5. EFFECTIVE DATE.
  This Act and the amendments made by this Act shall take effect as of August
  2, 1990.