[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5603 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 5603

_______________________________________________________________________

                                 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:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 5603

_______________________________________________________________________

                                 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.