[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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