[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[House]
[Pages H6283-H6286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PROTECTIONS FOR STUDENT VETERANS ACT

  Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the 
bill (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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5603

       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

[[Page H6284]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material on H.R. 5603, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5603, as amended, the 
Protections for Student Veterans Act, introduced by Representative 
Underwood.
  This bill amends the Servicemembers Civil Relief Act, which provides 
broad protections for Active Duty, reservist, and National Guard 
servicemembers during deployments.
  H.R. 5603, as amended, enhances protections for members of the Armed 
Forces who must suspend their education to fulfill military orders.
  Many States, including Illinois and Washington, have stronger student 
protections for servicemembers than those that exist at the Federal 
level. There are currently few Federal protections for members of the 
armed services who are enrolled in higher education when they receive 
Active Duty orders. These servicemembers can be held liable to repay 
tuition and may also receive failing or incomplete grades as a result 
of suspending their education for military duty.
  I hope we can all agree that this is an unfair penalty to those 
members of the Armed Forces who are preparing for their future through 
education while also serving our country.
  The protections proposed in this bill would cover unexpected 
withdrawals due to military orders and can provide restoration of 
benefits and reimbursements for classes.
  This bill takes the best practices from around the country to make 
sure student veterans aren't left with debts or incomplete classes 
outside their control due to military orders.
  This legislation is supported by numerous VSOs, including Student 
Veterans of America.
  I thank Speaker Pelosi and Leader Hoyer for bringing this legislation 
to the floor, and I urge the rest of my colleagues to support this 
legislation to protect GI Bill benefits for servicemembers fulfilling 
their duty to our country.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5603, as amended, the 
Protections for Student Veterans Act.
  This bill would protect student veterans who have to withdraw from a 
course of education under the GI Bill if they are called up for Active 
Duty or for training. This change would protect students from receiving 
a poor grade or an incomplete while they are doing their job to protect 
this country.
  The change proposed in this bill is needed, and it has my full 
support.
  I am also pleased that this bill, as amended, includes the text of 
Congressman Cawthorn's bill, H.R. 4874, the Fly Vets Act. His bill 
would close a longstanding loophole that allows public flight training 
schools to charge an unlimited amount in tuition and fees for GI Bill 
students.
  This bill would allow students to utilize a revolutionary accelerated 
tuition and fee model that would provide twice the amount of tuition 
and fees per

[[Page H6285]]

month for 2 months of eligibility. This is commonsense legislation that 
would protect both the student veteran and the taxpayer.
  I thank Congressman Cawthorn for his hard work on this bill. I also 
thank Congressmen Wenstrup and Levin for their work on this bill in 
previous Congresses. I hope that this year we can get this needed 
change across the finish line.
  While we are talking about the GI Bill, I would like to take a few 
minutes to discuss another matter. At least at the start of the 
pandemic, we worked on a bipartisan effort to ensure that student 
veterans' GI Bill housing allowance payments are not cut when their in-
person classes converted to online learning due to COVID-19. The 
current authorization expires on December 21, 2021.
  Chairman Takano and Congressman Trone are advocating for a bill that 
extends this protection, but it is not paid for. Instead, it relies on 
emergency spending to cover the more than $200 million mandatory score 
associated with the bill. I believe that is too high of a cost to 
consider through emergency spending and must insist that we offset the 
extension.
  To that end, I introduced a bill that would achieve the policy 
objective but pay for the cost of the bill with a regularly used 
offset.
  My bill also includes changes that are needed to ensure that GI Bill 
students can attend foreign schools. It would also give U.S. schools 
time to comply with the new reporting requirements passed last 
Congress.
  A coalition of 18 higher education groups has advocated for these 
changes for several months and support my proposal. They understand 
that if these changes are not made soon, many schools will be forced to 
stop accepting students who are using the GI Bill.
  I understand the chairman has recently received a letter from the 
chancellor of the University of California at Riverside, who agrees 
that this proposal must be offset.
  Chancellor Kim A. Wilcox wrote that by passing the bill without an 
offset, we would be ``no closer to a resolution on this critical 
issue.''
  The letter goes on to say that passing a bill out of the House 
without an offset ``will jeopardize UCR's ability to continue to serve 
our veteran students.''
  The chancellor also stated that this fall UC Riverside supported 
hundreds of military-connected students, including about 179 veterans 
who could be impacted by inaction.
  Unless I am mistaken, UC Riverside is in Chairman Takano's district.
  Mr. Speaker, I include in the Record the letter from Chancellor 
Wilcox.
                                                     UC Riverside,


                                     Office of the Chancellor,

                                 Riverside, CA, November 12, 2021.
     Hon. Mark Takano,
     U.S. Representative,
     Washington, DC.
       Dear Representative Takano: I understand that you are 
     planning to bring H.R. 5545, the Responsible Education 
     Mitigating Options and Technical Extensions (REMOTE) Act, up 
     for a vote in the House next week. The bill includes critical 
     technical corrections to address unintended consequences 
     stemming from several provisions in the Isakson Roe Act and 
     the Training in High-Demand Roles to Improve Veteran 
     Employment (THRIVE) Act that went into effect on August 1, 
     2021. The bill would also extend certain COVID-related 
     flexibilities granted to the Secretary of the Department of 
     Veterans Affairs (VA) in the wake of the pandemic.
       As the bill is currently written, however, it does not 
     include an offset for the approximately $200 million cost for 
     the extension of COVID-19 flexibilities. I am deeply 
     concerned that without the inclusion of an offset, the bill 
     will not be able to pass the Senate by unanimous consent and 
     we will be no closer to a resolution on this critical issue.
       During the Fall of 2021, UC Riverside served 179 Veterans, 
     37 Reservists, 11 National Guard, and 15 Active Duty self-
     identified members of the U.S. military branches. Designated 
     as a ``Military Spouse Friendly'' campus, UCR served over 350 
     dependents, and have utilized over $6M in Veterans benefits.
       Without an offset for the extension of COVID-19 
     flexibilities, it will jeopardize UCR's ability to continue 
     to serve our Veteran Students, due to the compliance issues 
     that require fixes. I would also urge you to include language 
     to modify VA's current ``rounding out'' rule to ensure that 
     more veterans can maintain full-time benefits during the last 
     term of their program.
       I respectfully request that your staff work to pass 
     bipartisan legislation next week that addresses these 
     concerns and can be quickly passed through both chambers and 
     signed into law.
           Sincerely,
                                                    Kim A. Wilcox,
                                                       Chancellor.

                              {time}  1300

  Mr. BOST. At our full committee markup 2 weeks ago, I urged Chairman 
Takano to work with me and our Senate colleagues to find a way forward 
on the offset issue on a bipartisan basis.
  However, last week I was told that Congressman Trone's bill would be 
on the slate of bills, but the cost would not be offset. I registered 
my concern and was glad to see that the un-offset bill will not be 
considered under suspension of the rules today.
  I do understand, however, that the majority intends to take 
Congressman Trone's bill to the Rules Committee the week after next and 
pass it out of the House un-offset through a rule.
  Let me be clear, I support the policy, but I believe the cost of the 
bill must be offset. Schools like UC Riverside clearly agree with me. 
Even if the Democrats are able to get Congressman Trone's un-offset 
bill through the House--and that is a big ``if''--I don't believe that 
they can pass it in the Senate by unanimous consent.
  It is the responsibility of the leaders of our committee to solve 
this issue so that the bill can quickly make it to the President's 
desk. Although the chairman may not like it, my approach is the only 
way to get this done in time to help students in a fiscally responsible 
manner.
  The higher education community has told us that this extension needs 
to be enacted by Thanksgiving. I think we can see that under the 
majority's current plan, the deadline will be missed. After 
Thanksgiving we have only 9 legislative days left before these 
protections expire. We are simply running out of time.
  I do not have a preference for whether we take up my bill or amend 
Congressman Trone's bill to include the offset, but I urge the chairman 
to come back to reality and stop playing political games with it so 
that we can ensure that student veterans are protected in a fiscally 
sound manner.
  At the very least, I would advise the chairman not to let this 
inaction impact thousands of student veterans across the country, 
including the 179 right there in his own district.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  I am distressed that the ranking member has chosen this particular 
moment to inject comments about the REMOTE Act, sponsored by the 
gentleman from Maryland (Mr. Trone), and to imply that there is 
obstruction in taking action to help our veterans, our student 
veterans, with their housing allowances--which we took action on during 
the pandemic, which still we are not completely out of yet. I would 
argue that we are still in a national emergency. We are seeing COVID 
infections rise in Europe, and we are seeing vaccine resistance and 
hesitancy in many parts of the country, which still necessitate the 
need for a policy which allows for student veterans to still get their 
housing allowances while they are taking classes virtually.
  I will remind the minority that three times under the Trump 
administration, we passed something like the REMOTE Act, the authority 
to allow student veterans to receive their housing allowances while 
taking virtual classes. They were not in residence at the school where 
they would do in-person learning. We allowed this three times under 
emergency spending. Why? Because emergency spending fits the moment. 
And it still fits the moment. This nonsense about we have to pay for 
something that should be an emergency is nonsense.
  I recall times on this floor when we had Members arguing that we 
should not pay for the damage done for hurricanes in one State because 
it didn't happen to the rest of the States, that we need to find a pay-
for for hurricane damage in this country and for certain other kinds of 
natural disasters.
  A pandemic is a type of natural disaster. In this case, it has killed 
700,000 Americans. I would argue that we saved lives, and we relieved a 
lot of suffering of our veterans who would have been turned out in the 
streets if we did not give them this housing allowance.
  And now at the eleventh hour when we intended to bring Representative 
Trone's bill to the floor, suddenly we had to meet a pay-for demand of 
the

[[Page H6286]]

minority, and to set a precedent for future disasters that we would 
have to have this very argument.
  Instead of the precedent being that we spend emergency funds for 
emergency situations, we now are in a situation where the minority is 
arguing a ridiculous ideological argument about how we pay for things 
during a time of a national emergency.
  I am disappointed that the minority has brought up its objections and 
also sought to use my University of California, Riverside as part of 
this pawn. I just received a message from my chancellor correcting the 
position that they took on their public letter. They are the only 
university to submit such a detailed letter regarding the pay-for. No 
other university has sought to take that position. I have questions as 
to how my university reached a point where they issued such a letter so 
that it could be used on the floor. I now have a correction that was 
issued to me just hours before.
  This is about America's veterans, and this is about serving America's 
veterans during an emergency situation in which 700,000 Americans have 
already died. I want to keep those veterans safe. I want to keep them 
in housing. And, yes, I believe it is appropriate to keep the precedent 
of using emergency funding and not have this silly political 
gamesmanship over the pay-for.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOST. Mr. Speaker, paying for something and doing the job that we 
are supposed to be doing here is not political gamesmanship.
  I said in my statement that I believe that we must continue to 
provide for these veterans, but it is our fiduciary duty to do it in 
the correct way. That is what I am asking for. I am also asking for it 
because that way we know it will move through the Senate and work in a 
bipartisan, bicameral manner to try to move it forward.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. I 
will just reply that it is political gamesmanship. I hate seeing 
universities used as pawns in this game. I hate seeing our student 
veterans being used as pawns.
  What is at stake here is the principle, the precedent that this 
Congress will pay for emergencies out of emergency funding. The need to 
help our veterans, who must take their classes remotely, pay for their 
housing because of the national emergency that we are still in, is part 
of a precedent that we need to preserve.
  This is not a political game to me. This is about protecting our 
veterans. This is about protecting our Nation in the future.
  The idea that when a national disaster, whether it occurs in the form 
of a hurricane, an earthquake, or some other calamity like a pandemic 
that has killed 700,000 Americans, that the principle stands that that 
is an emergency and that we as a Nation stand together as one American 
from whatever State we are in to help an American in another State, 
even though that disaster didn't happen in that State. But this 
disaster was omnipresent throughout our country. I don't understand the 
logic.
  Mr. Speaker, I am prepared to close, and I reserve the balance of my 
time.
  Mr. BOST. Mr. Speaker, I encourage all of my colleagues to support 
the underlying bill that was discussed. I yield back the balance of my 
time.
  Mr. TAKANO. Mr. Speaker, I ask all my colleagues to join me in 
passing this very important legislation, H.R. 5603, as amended, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 5603, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________