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

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117th CONGRESS
  1st Session
                                H. R. 5603

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2021

Ms. Underwood introduced the following bill; which was 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.

    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.''.
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