[Congressional Record Volume 159, Number 67 (Tuesday, May 14, 2013)]
[Senate]
[Pages S3432-S3433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANDERS (for himself and Mr. Burr):
  S. 944. A bill to amend title 38, United States Code, to require 
courses of education provided by public institutions of higher 
education that are approved for purposes of the All-Volunteer Force 
Educational Assistance Program and Post-9/11 Educational Assistance to 
charge veterans tuition and fees at the in-State tuition rate, and for 
other purposes; to the Committee on Veterans' Affairs.
  Mr. SANDERS. Mr. President, today, as Chairman of the Senate 
Committee on Veterans' Affairs, I am proud to introduce the Veterans' 
Educational Transition Act of 2013.
  My colleague and ranking member of the Senate Committee on Veterans' 
Affairs, Senator Burr, joins me in introducing this important 
legislation.
  The Department of Defense estimates that approximately 250,000 to 
300,000 servicemembers will separate annually for the next 4 years. 
That is more than one million brave men and women who will face the 
harsh reality of transitioning back to civilian life. Many of them will 
elect to further their education by using the most lucrative benefit 
afforded to them since WWII--the Post-9/11 GI Bill. Since 2009, the 
Department of Veterans Affairs, VA, has paid nearly 1 million Post-9/11 
GI Bill beneficiaries more than $28 billion.
  The Post-9/11 GI Bill stands as a testament of our willingness to 
invest in our newest generation of veterans. Unfortunately, this 
investment often falls short of what they need to complete a post-
secondary education and successfully transition back to civilian life. 
They deserve better.
  Given the nature of our Armed Forces, servicemembers have little to 
no say as to where they serve and where they reside during their 
military service. Thus, when transitioning servicemembers consider what 
educational institution they want to attend, many of them choose a 
school in their home State or a State where they previously served.
  I have heard from too many veterans that many of these public 
educational institutions consider them out-of-State students. Given 
that the Post-9/11 GI Bill only covers in-State tuition and fees for 
public educational institutions, these veterans are left to cover the 
difference in cost between the in-State tuition rate and the out-of-
State tuition rate. In some States, this difference can be more than 
$20,000 per year. As a result, many of our Nation's veterans must use 
loans to cover this difference and in the process become indebted with 
large school loans that will take years to pay off.
  I applaud the States that have taken initiative to assist our 
veterans by recognizing them as in-State students for purposes of 
attending a public educational institution. Yet, there are too many 
States that still require transitioning veterans to meet stringent 
residency requirements before they can be considered in-State students. 
Recently separated veterans may not be able to meet such requirements 
because of their military service, and once enrolled, they cannot 
legally establish residency because of their status as full-time 
students.
  The Veterans Educational Transition Act of 2013 would require States, 
as a condition for course approval under the Post-9/11 GI Bill or 
Montgomery GI Bill, to recognize certain veterans and their dependents 
using these education benefits as in-State students for purposes of 
attending a public institution. The veteran must be within 2 years from 
the date of discharge, and the individual using the benefit must live 
in the State while attending the school.
  This legislation would help our brave men and women who have 
sacrificed so much in defense of our country transition to the civilian 
workforce by giving them a fair shot at attaining their educational 
goals without incurring an additional financial burden simply because 
they chose to serve their country.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 944

       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 ``Veterans' Educational 
     Transition Act of 2013''.

     SEC. 2. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC 
                   INSTITUTIONS OF HIGHER EDUCATION FOR PURPOSES 
                   OF ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE 
                   PROGRAM AND POST-9/11 EDUCATIONAL ASSISTANCE 
                   CONDITIONAL ON IN-STATE TUITION RATE FOR 
                   VETERANS.

       (a) In General.--Section 3679 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(c)(1) Notwithstanding any other provision of this 
     chapter and subject to paragraphs (3) through (5), the 
     Secretary shall disapprove a course of education provided by 
     a public institution of higher education to a covered 
     individual pursuing a course of education with educational 
     assistance under chapter 30 or 33 of this title while living 
     in the State in which the public institution of higher 
     education is located if the institution charges tuition and 
     fees for that course for the covered individual at a rate 
     that is higher than the rate the institution charges for 
     tuition and fees for that course for residents of the State 
     in which the institution is located, regardless of the 
     covered individual's State of residence.
       ``(2) For purposes of this subsection, a covered individual 
     is any individual as follows:
       ``(A) A veteran who was discharged or released from a 
     period of not fewer than 180 days of service in the active 
     military, naval, or air service less than two years before 
     the date of enrollment in the course concerned.
       ``(B) An individual who is entitled to assistance under 
     section 3311(b)(9) or 3319 of this title by virtue such 
     individual's relationship to a veteran described in 
     subparagraph (A).
       ``(3) It shall not be grounds to disapprove a course of 
     education under paragraph (1) if a public institution of 
     higher education requires a covered individual pursuing a 
     course of education at the institution to demonstrate an 
     intent to establish residency in

[[Page S3433]]

     the State in which the institution is located in order to be 
     charged tuition and fees for that course at a rate that is 
     equal to or less than the rate the institution charges for 
     tuition and fees for that course for residents of the State.
       ``(4) The Secretary may waive such requirements of 
     paragraph (1) as the Secretary considers appropriate.
       ``(5) Disapproval under paragraph (1) shall apply only with 
     respect to educational assistance under chapters 30 and 33 of 
     this title.''.
       (b) Effective Date.--Subsection (c) of section 3679 of 
     title 38, United States Code (as added by subsection (a) of 
     this section) shall apply with respect to educational 
     assistance provided for pursuit of programs of education 
     during academic terms that begin after July 1, 2015.
                                 ______