[Congressional Record Volume 164, Number 97 (Tuesday, June 12, 2018)]
[Senate]
[Page S3853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2836. Ms. WARREN (for herself and Mr. Boozman) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. ___. DISAPPROVAL FOR PURPOSES OF EDUCATIONAL ASSISTANCE 
                   PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS OF 
                   CERTAIN COURSES OF EDUCATION THAT DO NOT PERMIT 
                   INDIVIDUALS TO ATTEND OR PARTICIPATE IN COURSES 
                   PENDING PAYMENT.

       (a) In General.--Section 3679 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e)(1) Notwithstanding any other provision of this 
     chapter, beginning on August 1, 2018, a State approving 
     agency, or the Secretary when acting in the role of the State 
     approving agency, shall disapprove a course of education 
     provided by an educational institution that has in effect a 
     policy that is inconsistent with any of the following:
       ``(A) A policy that permits any covered individual to 
     attend or participate in the course of education during the 
     period beginning on the date on which the individual provides 
     to the educational institution a certificate of eligibility 
     for entitlement to educational assistance under chapter 31 or 
     33 of this title and ending on the earlier of the following 
     dates:
       ``(i) The date on which the Secretary provides payment for 
     such course of education to such institution.
       ``(ii) The date that is 90 days after the date on which the 
     educational institution certifies for tuition and fees 
     following receipt from the student such certificate of 
     eligibility.
       ``(B) A policy that ensures that the educational 
     institution will not impose any penalty, including the 
     assessment of late fees, the denial of access to classes, 
     libraries, or other institutional facilities, or the 
     requirement that a covered individual borrow additional 
     funds, on any covered individual because of the individual's 
     inability to meet his or her financial obligations to the 
     institution due to the delayed disbursement of a payment to 
     be provided by the Secretary under chapter 31 or 33 of this 
     title.
       ``(2) For purposes of this subsection, a covered individual 
     is any individual who is entitled to educational assistance 
     under chapter 31 or 33 of this title.
       ``(3) The Secretary may waive such requirements of 
     paragraph (1) as the Secretary considers appropriate.''.
       (b) Prompt Payments.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     take such actions as may be necessary to ensure that the 
     Secretary makes a payment to an educational institution on 
     behalf of an individual, who is entitled to educational 
     assistance under chapter 31 or 33 of title 38, United States 
     Code, and who is using such assistance to pursue a program of 
     education at the educational institution, not later than 60 
     days after the date on which the educational institution 
     certifies to the Secretary the applicable tuition and fees 
     for the individual.
       (2) Semiannual reports.--Not later than May 1 and October 1 
     of each year, the Secretary shall submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a 
     semiannual report summarizing any cases in which the 
     Secretary failed to make a payment described in paragraph (1) 
     within the period set forth in such paragraph and an 
     explanation for each delayed disbursement of payment.
       (c) Rule of Construction.--In a case in which an individual 
     is unable to meet his or her financial obligation to an 
     educational institution due to the delayed disbursement of a 
     payment to be provided by the Secretary under chapter 31 or 
     33 of such title and the amount of such disbursement is less 
     than anticipated, nothing in section 3679(e) of such title, 
     as added by subsection (a), shall be construed to prohibit an 
     educational institution from requiring additional payment or 
     imposing a fee for the amount that is the difference between 
     the amount of the financial obligation and the amount of the 
     disbursement.
                                 ______