This bill provides that if a veteran or reservist is forced to discontinue a certain course or program as a result of a school closure or disapproval of a necessary course and did not receive credit or lost training time toward completion of the education program, Department of Veterans Affairs (VA) educational assistance payments shall not, for a specified period, be:
The bill, with an exception, applies to education courses and programs discontinued after January 1, 2015.
The VA may continue to pay educational assistance and subsistence allowances to eligible veterans and eligible persons enrolled in specified courses for up to 4 weeks in any 12-month period when schools are temporarily closed under an established policy based on a presidential executive order or due to an emergency.
The VA shall, within five business days after receiving notice of a closure or intended closure, notify each affected individual of such closure and its effect on the individual's entitlement to educational assistance.
The VA may also continue to pay a monthly housing stipend following a permanent school closure or disapproval of a course of study, but only until the earlier of: (1) the end of the term, quarter, or semester during which the school closure or disapproval occurred; and (2) 120 days after the closure or disapproval.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3372 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3372
To amend title 38, United States Code, to provide for the restoration
of entitlement to educational assistance and other relief for veterans
affected by school closure or disapproval, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2017
Mr. Messer introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for the restoration
of entitlement to educational assistance and other relief for veterans
affected by school closure or disapproval, 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. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND
OTHER RELIEF FOR VETERANS AFFECTED BY SCHOOL CLOSURE OR
DISAPPROVAL.
(a) School Closure or Disapproval.--
(1) Restoration of entitlement.--Chapter 36 is amended by
adding at the end the following new section:
``Sec. 3699. Effects of closure or disapproval of educational
institution
``(a) Closure or Disapproval.--Any payment of educational
assistance described in subsection (b) shall not--
``(1) be charged against any entitlement to educational
assistance of the individual concerned; or
``(2) be counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.
``(b) Educational Assistance Described.--Subject to subsection (c),
the payment of educational assistance described in this paragraph is
the payment of such assistance to an individual for pursuit of a course
or program of education at an educational institution under chapter 30,
32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, if
the Secretary determines that the individual--
``(1) was unable to complete such course or program as a
result of--
``(A) the closure of the educational institution;
or
``(B) the disapproval of the course or a course
that is a necessary part of that program under this
chapter by reason of--
``(i) a provision of law enacted after the
date on which the individual enrolls at such
institution affecting the approval or
disapproval of courses under this chapter; or
``(ii) after the date on which the
individual enrolls at such institution, the
Secretary prescribing or modifying regulations
or policies of the Department affecting such
approval or disapproval; and
``(2) did not receive credit or lost training time, toward
completion of the program of education being so pursued.
``(c) Period Not Charged.--The period for which, by reason of this
subsection, educational assistance is not charged against entitlement
or counted toward the applicable aggregate period under section 3695 of
this title shall not exceed the aggregate of--
``(1) the portion of the period of enrollment in the course
from which the individual did not receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2), and
``(2) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(d) Continuing Pursuit of Disapproved Courses.--(1) The Secretary
may treat a course of education that is disapproved under this chapter
as being approved under this chapter with respect to an individual
described in paragraph (2) if the Secretary determines, on a case-by-
case basis, that--
``(A) such disapproval is the result of an action described
in clause (i) or (ii) of subsection (b)(1)(B); and
``(B) continuing pursuing such course is in the best
interest of the individual.
``(2) An individual described in this paragraph is an individual
who is pursuing a course of education at an educational institution
under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607
of title 10, as of the date on which the course is disapproved under
this chapter.
``(e) Notice of Closures.--Not later than five business days after
the date on which the Secretary receives notice that an educational
institution will close or is closed, the Secretary shall provide to
each individual who is enrolled in a course or program or education at
such educational institution using entitlement to educational
assistance under chapter 30, 32, 33, or 35 of this title, or chapter
1606 or 1607 of title 10, notice of--
``(1) such closure and the date of such closure; and
``(2) the effect of such closure on the individual's
entitlement to educational assistance pursuant to this
section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3698 the following new item:
``3699. Effects of closure or disapproval of educational
institution.''.
(b) Monthly Housing Stipend.--
(1) In general.--Subsection (a) section 3680 is amended--
(A) by striking the matter after paragraph (3)(B);
(B) in paragraph (3), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) in the matter preceding subparagraph (A), as
redesignated, in the first sentence, by striking
``Payment of'' and inserting ``(1) Except as provided
in paragraph (2), payment of''; and
(E) by adding at the end the following new
paragraph (2):
``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to
such regulations as the Secretary shall prescribe, continue to pay
allowances to eligible veterans and eligible persons enrolled in
courses set forth in paragraph (1)(A)--
``(A) during periods when educational institutions are
temporarily closed under an established policy based on an
Executive order of the President or due to an emergency
situation, except that the total number of weeks for which
allowances may continue to be so payable in any 12-month period
may not exceed four weeks; or
``(B) solely for the purpose of awarding a monthly housing
stipend described in section 3313 of this title, during periods
following a permanent closure of an educational institution, or
following the disapproval of a course of study described in
section 3699(b)(1)(B) of this title, except that payment of
such a stipend may only be continued until the earlier of--
``(i) the date of the end of the term, quarter, or
semester during which the closure or disapproval
occurred; and
``(ii) the date that is 120 days after the date of
the closure or disapproval.''.
(2) Conforming amendment.--Paragraph (1)(C)(ii) of such
subsection, as redesignated, is amended by striking ``described
in subclause (A) of this clause'' and inserting ``described in
clause (i)''.
(c) Applicability.--
(1) School closure or disapproval.--
(A) In general.--The amendments made by subsection
(a) shall take effect on the date that is 90 days after
the date of the enactment of this Act, and shall apply
with respect to courses and programs of education
discontinued as described in section 3699 of title 38,
United States Code, as added by subsection (a)(1),
after January 1, 2015.
(B) Special application.--With respect to courses
and programs of education discontinued as described in
section 3699 of title 38, United States Code, as added
by subsection (a)(1), during the period beginning
January 1, 2015, and ending on the date of the
enactment of this Act, an individual who does not
transfer credits from such program of education shall
be deemed to be an individual who did not receive such
credits, as described in subsection (b)(2) of such
section, except that the period for which the
individual's entitlement is not charged shall be the
entire period of the individual's enrollment in the
program of education. In carrying out this paragraph,
the Secretary of Veterans Affairs, in consultation with
the Secretary of Education, shall establish procedures
to determine whether the individual transferred credits
to a comparable course or program of education.
(2) Monthly housing stipend.--The amendments made by
subsection (b) shall take effect on August 1, 2018, and shall
apply with respect to courses and programs of education
discontinued as described in section 3699 of title 38, United
States Code, as added by such subsection, on or after the date
of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
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