[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4260 Introduced in House (IH)]

<DOC>






114th CONGRESS
  1st Session
                                H. R. 4260

 To protect servicemembers in higher education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2015

Ms. Sinema (for herself, Mr. Costello of Pennsylvania, and Mr. Coffman) 
 introduced the following bill; which was referred to the Committee on 
   Education and the Workforce, and in addition to the Committees on 
 Veterans' Affairs and Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To protect servicemembers in higher education, 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 ``Servicemember Higher Education 
Protection Act''.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.).

SEC. 3. BENEFITS FOR BORROWERS WHO ARE MEMBERS OF THE ARMED FORCES.

    Section 131(f) (20 U.S.C. 1015(f)) is amended to read as follows:
    ``(f) Benefits for Members of the Armed Forces.--
            ``(1) Website.--
                    ``(A) In general.--The Secretary, in coordination 
                with the Secretary of Defense, the Secretary of 
                Veterans Affairs, and the Secretary of Homeland 
                Security, shall create a revised and updated searchable 
                Internet website that--
                            ``(i) contains information, in simple and 
                        understandable terms, about all Federal and 
                        State student financial assistance, readmission 
                        requirements under section 484C, and other 
                        student services, for which members of the 
                        Armed Forces (including members of the National 
                        Guard and Reserves), veterans, and the 
                        dependents of such members or veterans may be 
                        eligible; and
                            ``(ii) is easily accessible through the 
                        Internet website described in subsection 
                        (e)(3).
                    ``(B) Implementation.--Not later than 1 year after 
                the date of enactment of the Servicemember Higher 
                Education Protection Act, the Secretary shall make 
                publicly available the revised and updated Internet 
                website described in subparagraph (A).
                    ``(C) Dissemination.--The Secretary, in 
                coordination with the Secretary of Defense and the 
                Secretary of Veterans Affairs, shall make the 
                availability of the Internet website described in 
                subparagraph (A) widely known to members of the Armed 
                Forces (including members of the National Guard and 
                Reserves), veterans, the dependents of such members or 
                veterans, States, institutions of higher education, and 
                the general public.
                    ``(D) Definition.--In this paragraph, the term 
                `Federal and State student financial assistance' means 
                any grant, loan, work assistance, tuition assistance, 
                scholarship, fellowship, or other form of financial aid 
                for pursuing a postsecondary education that is--
                            ``(i) administered, sponsored, or supported 
                        by the Department of Education, the Department 
                        of Defense, the Department of Veterans Affairs, 
                        or a State; and
                            ``(ii) available to members of the Armed 
                        Forces (including members of the National Guard 
                        and Reserves), veterans, or the dependents of 
                        such members or veterans.
            ``(2) Enrollment form.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretary of Defense and the heads of any 
                other relevant Federal agencies, shall create a 
                simplified disclosure and enrollment form for borrowers 
                who are performing eligible military service (as 
                defined in section 481(d)).
                    ``(B) Contents.--The disclosure and enrollment form 
                described in subparagraph (A) shall include--
                            ``(i) information about the benefits and 
                        protections under title IV and under the 
                        Servicemembers Civil Relief Act (50 U.S.C. App. 
                        501 et seq.) that are available to such 
                        borrower because the borrower is performing 
                        eligible military service; and
                            ``(ii) an opportunity for the borrower, by 
                        completing the enrollment form, to invoke 
                        certain protections, activate certain benefits, 
                        and enroll in certain programs that may be 
                        available to that borrower, which shall include 
                        the opportunity--
                                    ``(I) to invoke applicable 
                                protections that are available under 
                                the Servicemembers Civil Relief Act (50 
                                U.S.C. App. 501 et seq.), as such 
                                protections relate to Federal student 
                                loans under title IV; and
                                    ``(II) to activate or enroll in any 
                                other applicable benefits that are 
                                available to such borrower under this 
                                Act because the borrower is performing 
                                eligible military service, such as 
                                eligibility for a deferment or 
                                eligibility for a period during which 
                                interest shall not accrue.
                    ``(C) Implementation.--Not later than 365 days 
                after the date of the enactment of the Servicemember 
                Higher Education Protection Act, the Secretary shall 
                make available to eligible institutions, eligible 
                lenders, and personnel at the Department of Defense and 
                other Federal agencies that provide services to 
                borrowers who are members of the Armed Forces or the 
                dependents of such members, the disclosure and 
                enrollment form described in subparagraph (A).
                    ``(D) Notice requirements.--
                            ``(i) SCRA interest rate limitation.--The 
                        completion of the disclosure and enrollment 
                        form created pursuant to subparagraph (A) by 
                        the borrower of a loan made, insured, or 
                        guaranteed under part B or part D of title IV 
                        who is otherwise subject to the interest rate 
                        limitation in subsection (a) of section 207 of 
                        the Servicemembers Civil Relief Act (50 U.S.C. 
                        App. 527(a)) and submittal of such form to the 
                        Secretary shall be considered, for purposes of 
                        such section, provision to the creditor of 
                        written notice as described in subsection 
                        (b)(1) of such section.
                            ``(ii) FFEL lenders.--The Secretary shall 
                        provide each such disclosure and enrollment 
                        form completed and submitted by a borrower of a 
                        loan made, insured, or guaranteed under part B 
                        of title IV who is otherwise subject to the 
                        interest rate limitation in subsection (a) of 
                        section 207 of the Servicemembers Civil Relief 
                        Act (50 U.S.C. App. 527(a)) to any applicable 
                        eligible lender under part B of title IV so as 
                        to satisfy the provision to the lender of 
                        written notice as described in subsection 
                        (b)(1) of such section.''.

SEC. 4. RESPONSIBILITIES OF FSA OMBUDSMAN; ADDITION OF POINT OF CONTACT 
              FOR MILITARY FAMILIES.

    Section 141(f) (20 U.S.C. 1018(f)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Military and veteran point of contact.--
                    ``(A) In general.--The Chief Operating Officer, in 
                consultation with the Secretary, shall designate 1 or 
                more employees to act as the military and veteran point 
                of contact within the office of the Student Loan 
                Ombudsman.
                    ``(B) Functions.--The designated military and 
                veteran point of contact described in subparagraph (A) 
                shall--
                            ``(i) monitor the complaints received from 
                        the Ombudsman under paragraph (3)(A) from, and 
                        provide timely assistance to, members of the 
                        Armed Forces (including members of the National 
                        Guard and Reserves), veterans, and their 
                        dependents;
                            ``(ii) coordinate with other agencies, 
                        including the Department of Defense, the 
                        Department of Veterans Affairs, and the 
                        Department of Homeland Security, to ensure that 
                        members of the Armed Forces, veterans, and the 
                        dependents of members of the Armed Forces and 
                        veterans, who are students, borrowers, or 
                        potential borrowers, are aware of the 
                        availability and functions of the Ombudsman; 
                        and
                            ``(iii) issue to the Committee on Health, 
                        Education, Labor, and Pensions of the Senate, 
                        the Committee on Education and the Workforce of 
                        the House of Representatives, the Committee on 
                        Veterans' Affairs of the Senate, the Committee 
                        on Veterans' Affairs of the House of 
                        Representatives, the Committee on Armed 
                        Services of the Senate, and the Committee on 
                        Armed Services of the House of Representatives 
                        an annual report on the challenges that such 
                        members of the Armed Forces, veterans, and 
                        dependents are facing as students, borrowers, 
                        and potential borrowers.''.

SEC. 5. IMPROVED DISABILITY DETERMINATIONS.

    (a) In General.--Section 437(a) (20 U.S.C. 1087(a)) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Determination by the secretary of veterans affairs or 
        the secretary of defense.--
                    ``(A) In general.--A borrower who has been assigned 
                a disability rating of 100 percent (or a combination of 
                ratings equaling 100 percent or more) by the Secretary 
                of Veterans Affairs or the Secretary of Defense for a 
                service-connected disability (as defined in section 101 
                of title 38, United States Code) and who provides 
                documentation of such rating to the Secretary of 
                Education, shall be considered permanently and totally 
                disabled for the purpose of discharging such borrower's 
                loans under this subsection, and such borrower shall 
                not be required to present any additional documentation 
                for purposes of this subsection.
                    ``(B) Rating of disability.--A disability rating 
                described in subparagraph (A), or similar determination 
                of unemployability by the Secretary of Veterans Affairs 
                or the Secretary of Defense, transmitted in accordance 
                with subparagraph (C) shall be considered sufficient 
                documentation for purposes of this subsection.
                    ``(C) Transfer of information.--Not later than 180 
                days after the date of enactment of the Servicemember 
                Higher Education Protection Act, the Secretary, in 
                coordination with the Secretary of Defense and the 
                Secretary of Veterans Affairs, shall create a system 
                through which the applicable disability ratings (or 
                alternative means of transmitting a determination of 
                unemployability) shall be automatically transmitted 
                from the Department of Defense or the Department of 
                Veterans Affairs, as the case may be, to the Department 
                of Education and shall satisfy the documentation 
                requirement described in this paragraph.''; and
            (2) by adding at the end the following:
            ``(3) Disability determinations by the social security 
        administration.--A borrower who has been determined by the 
        Social Security Administration to be disabled with medical 
        improvement not expected and who provides documentation of such 
        determination to the Secretary of Education, shall be 
        considered permanently and totally disabled for the purpose of 
        discharging such borrower's loans under this subsection, and 
        such borrower shall not be required to present additional 
        documentation for purposes of this subsection.
            ``(4) Reinstatement provisions.--A borrower of a loan that 
        is discharged under paragraph (2) or (3) shall not be subject 
        to the reinstatement provisions described in paragraph (1).
            ``(5) Data collection and report to congress.--
                    ``(A) Data collection.--The Secretary shall 
                annually collect data about borrowers applying for, and 
                borrowers receiving, loan discharges under this 
                subsection, which shall include the following:
                            ``(i) Data regarding--
                                    ``(I) the number of applications 
                                received under this subsection;
                                    ``(II) the number of such 
                                applications that were approved; and
                                    ``(III) the number of loan 
                                discharges that were completed under 
                                this subsection.
                            ``(ii) A summary of the reasons why the 
                        Secretary reinstated the obligation of, and 
                        resumed collection on, loans discharged under 
                        this subsection.
                            ``(iii) The data described in subclauses 
                        (I) through (III) of clause (i), and clause 
                        (ii), for each of the following:
                                    ``(I) Borrowers applying for, and 
                                borrowers receiving, loan discharges 
                                under paragraph (2)(A).
                                    ``(II) Borrowers applying for, and 
                                borrowers receiving, loan discharges 
                                under paragraph (2)(B).
                                    ``(III) Borrowers applying for, and 
                                borrowers receiving, loan discharges 
                                under paragraph (3).
                            ``(iv) Any other information the Secretary 
                        determines is necessary.
                    ``(B) Report.--The Secretary shall annually report 
                to Congress, and make publicly available, the 
                information described in subparagraph (A).''.
    (b) Reports.--
            (1) Plan.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Education shall submit 
        to the appropriate committees of Congress a report that 
        includes a plan to carry out the activities described under 
        section 437(a)(2)(B)(iii) of the Higher Education Act of 1965 
        (20 U.S.C. 1087(a)(2)(B)(iii)), as amended by this section.
            (2) Follow-up report.--If the Secretary of Education has 
        not carried out the activities described under section 
        437(a)(2)(B)(iii) of the Higher Education Act of 1965, as 
        amended by this section, by the date that is 1 year after the 
        date of enactment of this Act, the Secretary of Education shall 
        submit to the appropriate committees of Congress, by such date, 
        a report that includes an explanation of why those activities 
        have not been implemented.

SEC. 6. LOAN DEFERMENT FOR BORROWERS PERFORMING MILITARY SERVICE AND 
              CERTAIN SPOUSES OF MEMBERS OF THE ARMED FORCES.

    (a) FFEL Loans.--Section 428(b)(1)(M) (20 U.S.C. 1078(b)(1)(M)) is 
amended--
            (1) by redesignating clause (iv) as clause (v);
            (2) in clause (iii), by striking ``the 
        borrower--'' and all that follows through ``described in 
        subclause (I) or (II); or'' and inserting ``the borrower is 
        performing eligible military service, and for the 180-day 
        period following the demobilization date for such eligible 
        military service;''; and
            (3) by inserting after clause (iii) the following:
                            ``(iv) not in excess of 180 days after the 
                        effective movement date listed on the military 
                        orders of a borrower's spouse if that spouse is 
                        a member of the Armed Forces who has received 
                        military orders for a permanent change of 
                        station; or''.
    (b) Direct Loans.--Section 455(f)(2) (20 U.S.C. 1087e(f)(2)) is 
amended--
            (1) by redesignating subparagraph (D) as subparagraph (E);
            (2) in subparagraph (C), by striking ``the borrower--'' and 
        all that follows through ``described in clause (i) or (ii); 
        or'' and inserting ``the borrower is performing eligible 
        military service, and for the 180-day period following the 
        demobilization date for such eligible military service;''; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) any period not in excess of 180 days after 
                the effective movement date listed on the military 
                orders of a borrower's spouse if that spouse is a 
                member of the Armed Forces who has received military 
                orders for a permanent change of station; or''.
    (c) Definition.--Section 481(d) (20 U.S.C. 1088(d)) is amended--
            (1) by redesignating paragraphs (2) through (5) as 
        paragraphs (3) through (6), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Eligible military service.--The term `eligible 
        military service'--
                    ``(A) in the case of a member of a regular 
                component of the Armed Forces, means full-time duty in 
                the Armed Forces, other than active duty for training 
                (as defined in section 101 of title 38, United States 
                Code);
                    ``(B) in the case of a member of the reserve 
                components of the Armed Forces, means service on active 
                duty under a call or order to active duty under section 
                688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of 
                title 10, United States Code, or section 712 of title 
                14, United States Code;
                    ``(C) in the case of a member of the Army National 
                Guard of the United States or Air National Guard of the 
                United States, means, in addition to service described 
                in subparagraph (B), full-time service--
                            ``(i) in the National Guard of a State for 
                        the purpose of organizing, administering, 
                        recruiting, instructing, or training the 
                        National Guard; or
                            ``(ii) in the National Guard under section 
                        502(f) of title 32, United States Code, when 
                        authorized by the President or the Secretary of 
                        Defense for the purpose of responding to a 
                        national emergency declared by the President 
                        and supported by Federal funds;
                    ``(D) in the case of a servicemember who is a 
                commissioned officer of the Public Health Service or 
                the National Oceanic and Atmospheric Administration, 
                active service; and
                    ``(E) does not include any period during which an 
                individual--
                            ``(i) was assigned full time by the Armed 
                        Forces to a civilian institution for a course 
                        of education that was substantially the same as 
                        established courses offered to civilians;
                            ``(ii) serves as a cadet or midshipman at 
                        one of the military service academies of the 
                        United States; or
                            ``(iii) serves under the provisions of 
                        section 12103(d) of title 10, United States 
                        Code, pursuant to an enlistment in the Army 
                        National Guard or the Air National Guard, or as 
                        a Reserve for service in the Army Reserve, Navy 
                        Reserve, Air Force Reserve, Marine Corps 
                        Reserve, or Coast Guard Reserve.''.

SEC. 7. PUBLIC SERVICE LOAN FORGIVENESS.

    Section 455(m) (20 U.S.C. 1087e(m)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Lump sum payment.--For purposes of this subsection, 
        if a borrower has enrolled in a repayment plan described in 
        paragraph (1)(A) and makes a lump sum payment through a student 
        loan repayment program under section 2171 of title 10, United 
        States Code, or a similarly structured eligible repayment 
        program (as determined by the Secretary), the Secretary will 
        treat the borrower as having made a number of qualifying 
        payments equal to the lesser of--
                    ``(A) the number, rounded to the nearest whole 
                number, equal to the quotient of--
                            ``(i) such lump sum payment, divided by
                            ``(ii) the monthly payment amount that the 
                        borrower would have otherwise made under the 
                        repayment plan described in paragraph (1)(A) 
                        selected by the borrower; or
                    ``(B) 12 payments.''.

SEC. 8. ACCRUAL OF INTEREST FOR MEMBERS OF THE ARMED FORCES SUBJECT TO 
              HOSTILE FIRE OR IMMINENT DANGER.

    Section 455(o) (20 U.S.C. 1087e(o)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Accrual of interest for members of the armed forces 
        subject to hostile fire or imminent danger.--Notwithstanding 
        any other provision of this part and in accordance with 
        paragraphs (2) and (4), the Secretary shall not charge interest 
        on a loan made to a borrower under this part for which the 
        first disbursement is made on or after October 1, 2008, during 
        the period in which a borrower who is performing eligible 
        military service is serving in an area of hostilities in which 
        service qualifies for special pay under section 310 of title 
        37, United States Code.'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Implementation of accrual of interest provision for 
        members of the armed forces.--
                    ``(A) In general.--The Secretary of Education, in 
                coordination with the Commissioner of the Internal 
                Revenue Service and the Secretary of Defense, shall--
                            ``(i) ensure that interest does not accrue 
                        for eligible military borrowers, in accordance 
                        with this subsection; and
                            ``(ii) obtain or provide any information 
                        necessary to implement clause (i) without 
                        requiring a request from the borrower.
                    ``(B) Reports.--
                            ``(i) Plan.--Not later than 90 days after 
                        the date of enactment of the Servicemember 
                        Higher Education Protection Act, the Secretary 
                        shall submit to the appropriate committees of 
                        Congress a report that includes a plan to 
                        implement the accrual of interest provision 
                        described in subparagraph (A).
                            ``(ii) Follow-up report.--If the Secretary 
                        has not implemented the accrual of interest 
                        provision described in subparagraph (A) by the 
                        date that is 1 year after the date of enactment 
                        of the Servicemember Higher Education 
                        Protection Act, the Secretary shall submit, by 
                        such date, a report that includes an 
                        explanation of why such provision has not been 
                        implemented.''; and
            (3) in paragraph (4), by striking ``who qualifies as an 
        eligible military borrower under this subsection'' and 
        inserting ``described in paragraph (1)''.

SEC. 9. IMPROVEMENTS TO NATIONAL STUDENT LOAN DATA SYSTEM.

    (a) Amendments.--Section 485B (20 U.S.C. 1092b) is amended--
            (1) in subsection (a), by inserting ``and loans made or 
        insured under part A of title VII, or part E of title VIII, of 
        the Public Health Service Act (42 U.S.C. 292 et seq., 296 et 
        seq.),'' after ``parts D and E,'';
            (2) by striking subsection (h) and inserting the following:
    ``(h) Integration of Databases.--
            ``(1) In general.--The Secretary shall integrate the 
        National Student Loan Data System with the Federal Pell Grant 
        applicant and recipient databases as of January 1, 1994, and 
        any other databases containing information on participation in 
        programs under this title.
            ``(2) Department of defense and department of veterans 
        affairs information.--
                    ``(A) In general.--In order to incorporate the 
                military and veteran status of borrowers into the 
                National Student Loan Data System, the Secretary shall 
                integrate the National Student Loan Data System with 
                information from--
                            ``(i) the Department of Defense, including 
                        the Defense Manpower Data Center; and
                            ``(ii) the Department of Veterans Affairs, 
                        including data about veterans who are eligible 
                        for educational assistance under laws 
                        administered by the Secretary of Veterans 
                        Affairs.
                    ``(B) Memoranda of understanding.--The Secretary 
                shall enter into any memoranda of understanding that 
                are necessary to carry out this paragraph.''; and
            (3) by adding at the end the following:
    ``(i) Public Health Service Loans.--The Secretary shall include in 
the National Student Loan Data System established pursuant to 
subsection (a) information regarding loans made under--
            ``(1) subpart II of part A of title VII of the Public 
        Health Service Act; or
            ``(2) part E of title VIII of the Public Health Service 
        Act.''.
    (b) Reports.--
            (1) Plan.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Education shall submit 
        to the appropriate committees of Congress a report that 
        includes a plan to implement the Department of Defense and 
        Department of Veterans Affairs data integration provision 
        described under section 485B(h)(2) of the Higher Education Act 
        of 1965, as amended by subsection (a)(2).
            (2) Follow-up report.--If the Secretary of Education has 
        not implemented the Department of Defense and Department of 
        Veterans Affairs data integration provision described under 
        section 485B(h)(2) of the Higher Education Act of 1965, as 
        amended by subsection (a)(2), by the date that is 1 year after 
        the date of enactment of this Act, the Secretary of Education 
        shall submit, by such date, a report that includes an 
        explanation of why such provision has not been implemented.

SEC. 10. EXTENDING THE PROTECTIONS FOR STUDENT LOANS FOR ACTIVE DUTY 
              BORROWERS.

    Section 493D (20 U.S.C. 1098f) is amended--
            (1) in the section heading, by inserting ``and protections 
        for active duty borrowers'' before the period at the end;
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Use of Information.--
            ``(1) In general.--The Secretary shall utilize information 
        the Secretary receives regarding the active duty status of 
        borrowers from the Secretary of Defense for any purpose under 
        this title to ensure that the interest rate charged on any loan 
        made under part D of title IV for borrowers who are subject to 
        section 207(a)(1) of the Servicemembers Civil Relief Act (50 
        U.S.C. App. 527(a)(1)) does not exceed the maximum interest 
        rate set forth in such section.
            ``(2) SCRA interest rate limitation notice requirements.--
        The submittal by the Secretary of Defense to the Secretary of 
        Education of information that informs the Secretary of 
        Education that an individual with a student loan under part D 
        of title IV has been or is being called to military service (as 
        defined in section 101 of the Servicemembers Civil Relief Act 
        (50 U.S.C. 511)) shall be considered, for purposes of 
        subjecting such student loan to the provisions of section 207 
        of the Servicemembers Civil Relief Act (50 U.S.C. App. 527), 
        provision by the borrower to the creditor of written notice and 
        a copy of military orders as described in subsection (b)(1) of 
        such section.
            ``(3) Procedures.--Not later than 180 days after the date 
        of enactment of the Servicemember Higher Education Protection 
        Act, the Secretary, in consultation with the Department of 
        Defense, shall establish a procedure to implement this 
        subsection.''.

SEC. 11. MODIFICATION OF LIMITATION ON RATE OF INTEREST ON STUDENT 
              LOANS DURING AND IMMEDIATELY AFTER PERIOD OF MILITARY 
              SERVICE.

    (a) Extension of Period of Applicability of Limitation on Rate of 
Interest on Student Loans Incurred Before Service.--Section 207(a)(1) 
of the Servicemembers Civil Relief Act (50 U.S.C. App. 527(a)(1)) is 
amended--
            (1) in subparagraph (A), by inserting ``or a student loan'' 
        after ``nature of a mortgage''; and
            (2) in the paragraph heading, by inserting ``on debt 
        incurred before service'' after ``Limitation to 6 percent''.
    (b) Debt Entered Into During Military Service To Consolidate or 
Refinance Student Loans Incurred Before Military Service.--Subsection 
(a) of section 207 of such Act (50 U.S.C. App. 527) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Limitation to 6 percent on debt incurred during 
        service to consolidate or refinance student loans incurred 
        before service.--An obligation or liability bearing interest at 
        a rate in excess of 6 percent per year that is incurred by a 
        servicemember, or the servicemember and the servicemember's 
        spouse jointly, during military service to consolidate or 
        refinance one or more student loans incurred by the 
        servicemember before such military service shall not bear an 
        interest at a rate in excess of 6 percent during the period of 
        military service and one year thereafter.'';
            (3) in paragraph (3), as redesignated by paragraph (1) of 
        this subsection, by inserting ``or (2)'' after ``paragraph 
        (1)''; and
            (4) in paragraph (4), as so redesignated, by striking 
        ``paragraph (2)'' and inserting ``paragraph (3)''.
    (c) Implementation of Limitation.--Subsection (b) of such section 
is amended--
            (1) in paragraph (1), by striking ``the interest rate 
        limitation in subsection (a)'' and inserting ``an interest rate 
        limitation in paragraph (1) or (2) of subsection (a)''; and
            (2) in paragraph (2)--
                    (A) in the paragraph heading, by striking ``as of 
                date of order to active duty''; and
                    (B) by inserting before the period at the end the 
                following: ``in the case of an obligation or liability 
                covered by subsection (a)(1), or as of the date the 
                servicemember (or servicemember and spouse jointly) 
                incurs the obligation or liability concerned under 
                subsection (a)(2)''.
    (d) Student Loan Defined.--Subsection (d) of such section is 
amended by adding at the end the following new paragraph:
            ``(3) Student loan.--The term `student loan' means the 
        following:
                    ``(A) A Federal student loan made, insured, or 
                guaranteed under title IV of the Higher Education Act 
                of 1965 (20 U.S.C. 1070 et seq.).
                    ``(B) A student loan made pursuant to title VII or 
                VIII of the Public Health Service Act (42 U.S.C. 292 et 
                seq. and 296 et seq.).''.

SEC. 12. WORKING GROUP ON IMPROVEMENT OF RESOURCES AVAILABLE TO MEMBERS 
              OF THE ARMED FORCES AND THEIR SPOUSES IN USING TUITION 
              ASSISTANCE PROGRAMS OF THE DEPARTMENT OF DEFENSE.

    (a) Working Group Required.--The Secretary of Education, the 
Secretary of Defense, and the Secretary of Veterans Affairs shall 
jointly, and in consultation with the heads of such other departments 
and agencies of the Federal Government as such officials consider 
appropriate, establish and maintain a working group to assess and 
improve the resources available to education service officers and other 
personnel of the Federal Government who provide assistance to members 
of the Armed Forces and their spouses in using or seeking to use the 
tuition assistance programs of the Department of Defense.
    (b) Resources.--In improving resources as described in subsection 
(a), the working group shall provide for the inclusion of the following 
in such resources:
            (1) Information on the benefits and protections for members 
        of the Armed Forces and their dependents provided in this Act 
        and the amendments made by this Act.
            (2) Consumer information, resources, and tools created and 
        maintained by the working group pursuant to this section.
            (3) Information on the availability of consumer protection 
        measures, including the complaint system established pursuant 
        to Executive Order 13607 (77 Fed. Reg. 25861; relating to 
        establishing principles of excellence for educational 
        institutions serving servicemembers, veterans, spouses, and 
        other family members).
            (4) Such other information or resources as the working 
        group considers appropriate.

SEC. 13. EXCEPTION FOR SERVICEMEMBERS CIVIL RELIEF ACT.

    Section 428(d) (20 U.S.C. 1078(d)) is amended by striking ``section 
207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527)'' and 
inserting ``the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et 
seq.)''.
                                 <all>