(This measure has not been amended since it was reported to the House on September 11, 2013. The summary of that version is repeated here.)
Veterans Economic Opportunity Act of 2013 - (Sec. 4) Establishes in the Department of Veterans Affairs (VA) a Veterans Economic Opportunity Administration (VEOA), headed by an Under Secretary for Veterans Economic Opportunity, to administer VA programs of economic opportunity assistance to veterans and their dependents and survivors. Requires VEOA to administer: (1) vocational rehabilitation and employment programs, (2) educational assistance programs, (3) veterans' housing loan and related programs, and (4) veterans' small business programs. Limits the aggregate number of full-time equivalent employees authorized for the Veterans Benefit Administration and VEOA for FY2014-FY2015.
(Sec. 6) Extends through FY2018 VA homeless veterans reintegration programs (job training, counseling, and placement services to expedite the reintegration of homeless veterans into the labor force).
(Sec. 7) Expands the eligibility of children for educational assistance under the VA post-9/11 educational assistance program to include the child of a person who, on or after September 11, 2001, is awarded the Purple Heart for an injury and dies as a result of that injury within 31 days after discharge or release from active-duty service.
(Sec. 8) Allows individuals to elect to convert their educational assistance to the post-9/11 veterans' educational assistance program if, as of August 1, 2009, they meet specified conditions with respect to their entitlements and elections under the all-volunteer force educational assistance program or certain other educational assistance programs for professional military, selected reserve, or reserve component members. Conditions such post-9/11 program eligibility on the individual meeting the requirements for the post-9/11 program as of the date of election.
Sets forth transitional rules with respect the transfer or revocation of entitlements from a previous assistance program after an election to convert to the post-9/11 program. Requires certain assistance to remain available to individuals under their previous program if it is not available under the post-9/11 program.
Authorizes the VA Secretary to make an alternative election on behalf of an individual who submits an election on or after October 1, 2014, that the Secretary determines is against the individual's interests. Allows such individual, during the subsequent 30-day period, to modify or revoke the alternative selection.
(Sec. 9) Amends veterans' educational assistance program reporting requirements under which enrolled veterans (or eligible persons) and educational institutions must report enrollment information to the Secretary. Requires individuals and educational institutions participating in the post-Vietnam era and post-9/11 veterans' educational assistance programs to report to the Secretary such enrollment and any updates on interruption or termination of education (thereby making the enrollment reporting requirements for the post-Vietnam and post-9/11 programs consistent with other veterans' educational programs).
Defines "educational institution" to permit the inclusion of groups, districts, or consortiums of separately accredited educational institutions located in the same state that are organized in a manner facilitating the centralized reporting by veterans and educational institutions of their participation in the post-Vietnam era and post-9/11 veterans' educational assistance programs.
(Sec. 10) Extends through FY2018 VA authority to collect a fee from each individual obtaining an additional VA-guaranteed housing loan.
(Sec. 11) Amends the Servicemembers Civil Relief Act to allow a court to stay for a specified period (generally, one year after the event occurred for which an individual became covered) proceedings in an action to enforce an obligation on real or personal property secured by a mortgage against: (1) a servicemember who is or was eligible for hostile fire or imminent danger pay during a period of military service, (2) a servicemember placed on convalescent status, (3) a veteran who was medically discharged and retired, or (4) the surviving spouse of a member who died during military service. Requires such court to stay such proceedings upon a request by such individual. Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under such Act. Requires the individual to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale or foreclosure prohibitions and increases current civil penalties for mortgage violations under the Act. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this section.
(Sec. 12) Requires a servicemember-mortgagor who does not reside in the mortgage-secured residence due to military relocation and who inquires about, or applies for, a refinancing to be considered to occupy such residence during the period of the relocation.
(Sec. 13) Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with requirements of such Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements.
(Sec. 14) Requires a custody order that was in effect immediately before a court renders a temporary child custody order based solely on a deployment or anticipated deployment of a parent-servicemember to be reinstated upon the servicemember's return,, unless the court finds that such reinstatement is not in the child's best interest. Prohibits a court from considering the absence of a servicemember due to deployment, or the possibility of deployment, as the sole factor in determining a child's best interest. Requires the appropriate court, in any case where state law applicable to child custody proceedings provides a higher standard of protection to the rights of a deploying servicemember, to apply the higher standard. Defines a deployment for purposes of this section as one lasting more than 60 and up to 540 days for which dependent travel to the location is not authorized or permitted.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2481 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2481
To amend title 38, United States Code, to codify and improve the
election requirements for the receipt of educational assistance under
the Post-9/11 Educational Assistance program of the Department of
Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2013
Mr. Flores introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to codify and improve the
election requirements for the receipt of educational assistance under
the Post-9/11 Educational Assistance program of the Department of
Veterans Affairs.
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 G.I. Bill Enrollment
Clarification Act of 2013''.
SEC. 2. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9/
11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Subchapter III of chapter 33 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3326. Election to receive educational assistance
``(a) Individuals Eligible To Elect Participation in Post-9/11
Educational Assistance.--An individual may elect to receive educational
assistance under this chapter if such individual--
``(1) as of August 1, 2009--
``(A) is entitled to basic educational assistance
under chapter 30 of the title and has used, but retains
unused, entitlement under that chapter;
``(B) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 and has used,
but retains unused, entitlement under the applicable
chapter;
``(C) is entitled to basic educational assistance
under chapter 30 of this title but has not used any
entitlement under that chapter;
``(D) is entitled to educational assistance under
chapter 107, 1606, or 1607 of title 10 but has not used
any entitlement under such chapter;
``(E) is a member of the Armed Forces who is
eligible for receipt of basic educational assistance
under chapter 30 this title and is making contributions
toward such assistance under section 3011(b) or 3012(c)
of this title; or
``(F) is a member of the Armed Forces who is not
entitled to basic educational assistance under chapter
30 of this title by reason of an election under section
3011(c)(1) or 3012(d)(1) of this title; and
``(2) as of the date of the individual's election under
this paragraph, meets the requirements for entitlement to
educational assistance under this chapter.
``(b) Cessation of Contributions Toward GI Bill.--Effective as of
the first month beginning on or after the date of an election under
subsection (a) of an individual described by paragraph (1)(E) of that
subsection, the obligation of the individual to make contributions
under section 3011(b) or 3012(c) of this title, as applicable, shall
cease, and the requirements of such section shall be deemed to be no
longer applicable to the individual.
``(c) Revocation of Remaining Transferred Entitlement.--
``(1) Election to revoke.--If, on the date an individual
described in paragraph (1)(A) or (1)(C) of subsection (a) makes
an election under that subsection, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of this title is in effect and a number of
months of the entitlement so transferred remain unutilized, the
individual may elect to revoke all or a portion of the
entitlement so transferred that remains unutilized.
``(2) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall be
available to the individual instead for educational assistance
under chapter 33 of this title in accordance with the
provisions of this section.
``(3) Availability of unrevoked entitlement.--Any
entitlement described in paragraph (1) that is not revoked by
an individual in accordance with that paragraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement under
section 3020 of this title.
``(d) Post-9/11 Educational Assistance.--
``(1) In general.--Subject to paragraph (2) and except as
provided in subsection (e), an individual making an election
under subsection (a) shall be entitled to educational
assistance under this chapter in accordance with the provisions
of this chapter, instead of basic educational assistance under
chapter 30 this title, or educational assistance under chapter
107, 1606, or 1607 of title 10, as applicable.
``(2) Limitation on entitlement for certain individuals.--
In the case of an individual making an election under
subsection (a) who is described by paragraph (1)(A) of that
subsection, the number of months of entitlement of the
individual to educational assistance under this chapter 33
shall be the number of months equal to--
``(A) the number of months of unused entitlement of
the individual under chapter 30 of this title, as of
the date of the election, plus
``(B) the number of months, if any, of entitlement
revoked by the individual under subsection (c)(1).
``(e) Continuing Entitlement to Educational Assistance Not
Available Under 9/11 Assistance Program.--
``(1) In general.--In the event educational assistance to
which an individual making an election under subsection (a)
would be entitled under chapter 30 of this title, or chapter
107, 1606, or 1607 of title 10, as applicable, is not
authorized to be available to the individual under the
provisions of this chapter the individual shall remain entitled
to such educational assistance in accordance with the
provisions of the applicable chapter.
``(2) Charge for use of entitlement.--The utilization by an
individual of entitlement under paragraph (1) shall be
chargeable against the entitlement of the individual to
educational assistance under this chapter at the rate of one
month of entitlement under this chapter for each month of
entitlement utilized by the individual under paragraph (1) (as
determined as if such entitlement were utilized under the
provisions of chapter 30 of this title, or chapter 107, 1606,
or 1607 of title 10, as applicable).
``(f) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward GI Bill.--
``(1) Additional assistance.--In the case of an individual
making an election under subsection (a) who is described by
subparagraph (A), (C), or (E) of paragraph (1) of that
subsection, the amount of educational assistance payable to the
individual under this chapter 33 as a monthly stipend payable
under paragraph (1)(B) of section 3313(c) of this title, or
under paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise payable as a monthly
stipend under the applicable paragraph increased by the amount
equal to--
``(A) the total amount of contributions toward
basic educational assistance made by the individual
under section 3011(b) or 3012(c) of this title, as of
the date of the election, multiplied by
``(B) the fraction--
``(i) the numerator of which is--
``(I) the number of months of
entitlement to basic educational
assistance under chapter 30 of this
title remaining to the individual at
the time of the election; plus
``(II) the number of months, if
any, of entitlement under such chapter
30 revoked by the individual under
subsection (c)(1); and
``(ii) the denominator of which is 36
months.
``(2) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by paragraph
(1) who is described by subsection (a)(1)(E), the number of
months of entitlement to basic educational assistance remaining
to the individual for purposes of paragraph (1)(B)(i)(II) shall
be 36 months.
``(3) Timing of payment.--The amount payable with respect
to an individual under paragraph (1) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of this title, or under subsections (b) through
(g) of that section (as applicable), before the exhaustion of
the individual's entitlement to educational assistance under
this chapter.
``(g) Continuing Entitlement to Additional Assistance for Critical
Skills or Speciality and Additional Service.--An individual making an
election under subsection (a)(1) who, at the time of the election, is
entitled to increased educational assistance under section 3015(d) of
this title, or section 16131(i) of title 10, or supplemental
educational assistance under subchapter III of chapter 30 of this
title, shall remain entitled to such increased educational assistance
or supplemental educational assistance in the utilization of
entitlement to educational assistance under this chapter, in an amount
equal to the quarter, semester, or term, as applicable, equivalent of
the monthly amount of such increased educational assistance or
supplemental educational assistance payable with respect to the
individual at the time of the election.
``(h) Alternative Election by Secretary.--
``(1) In general.--In the case of an individual who submits
to the Secretary an election under this section that the
Secretary determines is clearly against the interests of the
individual, the Secretary may make an alternative election on
behalf of the individual that the Secretary determines is in
the best interests of the individual.
``(2) Notice.--If the Secretary makes an election on behalf
of an individual under this subsection, the Secretary shall
notify the individual by not later than seven days after making
such election and shall provide the individual with a 30-day
period, beginning on the date of the individual's receipt of
such notice, during which the individual may modify or revoke
the election made by the Secretary on the individual's behalf.
The Secretary shall include, as part of such notice, a clear
statement of why the alternative election made by the Secretary
is in the best interests of the individual as compared to the
election submitted by the individual. The Secretary shall
provide the notice required under this paragraph by electronic
means whenever possible.
``(i) Irrevocability of Elections.--An election under subsection
(a) or (c)(1) is irrevocable.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``3326. Election to receive educational assistance.''.
(c) Conforming Repeal.--Subsection (c) of section 5003 of the Post-
9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252;
38 U.S.C. 3301 note) is hereby repealed.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-207.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-207.
Placed on the Union Calendar, Calendar No. 152.
Mr. Miller (FL) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H6794-6800)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2481.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6794-6797)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6794-6797)
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.