IB 

Union Calendar No. 152 

113TH CONGRESS 

1ST SESSION H. R. 2481 

[Report No. 113–207] 

To amend title 38, United States Code, to codify and improve the election 

requirements for the receipt of educational assistance under the Post9/11 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 

SEPTEMBER 11, 2013 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 25, 2013] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet5 erans Economic Opportunity Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States Code. 

Sec. 3. Scoring of budgetary effects. 

Sec. 4. Establishment of Veterans Economic Opportunity Administration of Department of Veterans Affairs. 

Sec. 5. Under Secretary for Veterans Economic Opportunity. 

Sec. 6. Five-year extension of homeless veterans reintegration programs. 

Sec. 7. Entitlement of children of certain deceased veterans to educational assistance under the Post-9/11 Educational Assistance Program of the 

Department of Veterans Affairs. 

Sec. 8. Recodification and improvement of election process for Post-9/11 Educational Assistance Program. 

Sec. 9. Centralized reporting of veteran enrollment by certain groups, districts, 

and consortiums of educational institutions. 

Sec. 10. Extension of loan guaranty fee for certain subsequent loans. 

Sec. 11. Mortgage protection for members of the Armed Forces, surviving spouses, 

and certain veterans. 

Sec. 12. Treatment of relocation for active duty for purposes of mortgage refinancing. 

Sec. 13. Requirements for lending institutions that are creditors for obligations 

and liabilities covered by the Servicemembers Civil Relief Act. 

Sec. 14. Protection of child custody arrangements for parents who are members 

of the Armed Forces. 

8 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 

9 Except as otherwise expressly provided, whenever in 

10 this Act an amendment or repeal is expressed in terms of 

11 an amendment to , or repeal of, a section or other provision, 

12 the reference shall be considered to be made to a section or 

13 other provision of title 38 , United States Code. 


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1 SEC. 3. SCORING OF BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement titled 

5 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

6 submitted for printing in the Congressional Record by the 

7 Chairman of the House Budget Committee, provided that 

8 such statement has been submitted prior to the vote on pas9 sage. 

10 SEC. 4. ESTABLISHMENT OF VETERANS ECONOMIC OPPOR11 TUNITY ADMINISTRATION OF DEPARTMENT 

12 OF VETERANS AFFAIRS. 

13 (a) ECONOMIC OPPORTUNITY ADMINISTRATION.— 

14 (1) IN GENERAL.—Part V is amended by adding 

15 at the end the following new chapter: 

16 ‘‘CHAPTER 80—VETERANS ECONOMIC 

17 OPPORTUNITY ADMINISTRATION 

‘‘8001. Organization of Administration. 

‘‘8002. Functions of Administration. 

18 ‘‘§ 8001. Organization of Administration 

19 ‘‘(a) VETERANS ECONOMIC OPPORTUNITY ADMINIS20 TRATION.—There is in the Department of Veterans Affairs 

21 a Veterans Economic Opportunity Administration. The 

22 primary function of the Veterans Economic Opportunity 

23 Administration is the administration of the programs of 

24 the Department which provide assistance related to ecoVerDate Mar 15 2010 20:41 Sep 11, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2481.RH H2481

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1 nomic opportunity to veterans and their dependents and 

2 survivors. 

3 ‘‘(b) UNDER SECRETARY FOR ECONOMIC OPPOR4 TUNITY.—The Veterans Economic Opportunity Adminis5 tration is under the Under Secretary for Veterans Economic 

6 Opportunity, who is directly responsible to the Secretary 

7 for the operations of the Administration. 

8 ‘‘§ 8002. Functions of Administration 

9 ‘‘The Veterans Economic Opportunity Administration 

10 is responsible for the administration of the following pro11 grams of the Department: 

12 ‘‘(1) Vocational rehabilitation and employment 

13 programs. 

14 ‘‘(2) Educational assistance programs. 

15 ‘‘(3) Veterans’ housing loan and related pro16 grams. 

17 ‘‘(4) The veterans small business program under 

18 section 8127 of this title.’’. 

19 (2) CLERICAL AMENDMENTS.—The tables of 

20 chapters at the beginning of title 38, United States 

21 Code, and of part V of title 38, United States Code, 

22 are each amended by inserting after the item relating 

23 to chapter 79 the following new item: 

‘‘80. Veterans Economic Opportunity Administration ........ 8001’’. 


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1 (b) EFFECTIVE DATE.—Chapter 80 of title 38, United 

2 States Code, as added by subsection (a) shall take effect on 

3 October 1, 2014. 

4 SEC. 5. UNDER SECRETARY FOR VETERANS ECONOMIC OP5 PORTUNITY. 

6 (a) UNDER SECRETARY.— 

7 (1) IN GENERAL.—Chapter 3 is amended by in8 serting after section 306 the following new section: 

9 ‘‘§ 306A. Under Secretary for Veterans Economic Op10 portunity 

11 ‘‘(a) UNDER SECRETARY.—There is in the Department 

12 an Under Secretary for Veterans Economic Opportunity, 

13 who is appointed by the President, by and with the advice 

14 and consent of the Senate. The Under Secretary for Veterans 

15 Economic Opportunity shall be appointed without regard 

16 to political affiliation or activity and solely on the basis 

17 of demonstrated ability in— 

18 ‘‘(1) information technology; and 

19 ‘‘(2) the administration of programs within the 

20 Veterans Economic Opportunity Administration or 

21 programs of similar content and scope. 

22 ‘‘(b) RESPONSIBILITIES.—The Under Secretary for 

23 Veterans Economic Opportunity is the head of, and is di24 rectly responsible to the Secretary for the operations of, the 

25 Veterans Economic Opportunity Administration. 


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1 ‘‘(c) VACANCIES.—(1) Whenever a vacancy in the posi2 tion of Under Secretary for Veterans Economic Oppor3 tunity occurs or is anticipated, the Secretary shall establish 

4 a commission to recommend individuals to the President 

5 for appointment to the position. 

6 ‘‘(2) A commission established under this subsection 

7 shall be composed of the following members appointed by 

8 the Secretary: 

9 ‘‘(A) Three persons representing education and 

10 training, vocational rehabilitation, employment, real 

11 estate, mortgage finance and related industries, and 

12 survivor benefits activities affected by the Veterans 

13 Economic Opportunity Administration. 

14 ‘‘(B) Two persons representing veterans served 

15 by the Veterans Economic Opportunity Administra16 tion. 

17 ‘‘(C) Two persons who have experience in the 

18 management of private sector benefits programs of 

19 similar content and scope to the economic oppor20 tunity programs of the Department. 

21 ‘‘(D) The Deputy Secretary of Veterans Affairs. 

22 ‘‘(E) The chairman of the Veterans’ Advisory 

23 Committee on Education formed under section 3692 

24 of this title. 


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1 ‘‘(F) One person who has held the position of 

2 Under Secretary for Veterans Economic Opportunity, 

3 if the Secretary determines that it is desirable for 

4 such person to be a member of the commission. 

5 ‘‘(3) A commission established under this subsection 

6 shall recommend at least three individuals for appointment 

7 to the position of Under Secretary for Veterans Economic 

8 Opportunity. The commission shall submit all rec9 ommendations to the Secretary. The Secretary shall forward 

10 the recommendations to the President and the Committees 

11 on Veterans’ Affairs of the Senate and House of Representa12 tives with any comments the Secretary considers appro13 priate. Thereafter, the President may request the commis14 sion to recommend additional individuals for appointment. 

15 ‘‘(4) The Assistant Secretary or Deputy Assistant Sec16 retary of Veterans Affairs who performs personnel manage17 ment and labor relations functions shall serve as the execu18 tive secretary of a commission established under this sub19 section. 

20 ‘‘(d) QUALIFICATIONS OF RECOMMENDED INDIVID21 UALS.—Each individual recommended to the President by 

22 the commission for appointment to the position of Under 

23 Secretary for Veterans Economic Opportunity shall be an 

24 individual who has held a senior level position in the priVerDate Mar 15 2010 20:41 Sep 11, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2481.RH H2481

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1 vate sector with responsibilities relating to at least one of 

2 the following: 

3 ‘‘(1) Education policy. 

4 ‘‘(2) Vocational rehabilitation. 

5 ‘‘(3) Employment. 

6 ‘‘(4) Home loan finance. 

7 ‘‘(5) Small business development.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended by 

10 inserting after the item relating to section 306 the fol11 lowing new item: 

‘‘306A. Under Secretary for Veterans Economic Opportunity.’’. 

12 (b) CONFORMING AMENDMENTS.—Title 38, United 

13 States Code, is further amended— 

14 (1) in section 306(c)(2), by striking subpara15 graphs (A) and (E) and redesignating subparagraphs 

16 (B), (C), (D), and (F), as subparagraphs (A) through 

17 (D), respectively; 

18 (2) in section 317(d), by inserting after ‘‘Under 

19 Secretary for Benefits,’’ the following: ‘‘the Under 

20 Secretary for Veterans Economic Opportunity,’’; 

21 (3) in section 318(d)(2), by inserting after 

22 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

23 Under Secretary for Veterans Economic Oppor24 tunity,’’; 


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1 (4) in section 516(e)(2)(C), by striking ‘‘Health 

2 and the Under Secretary for Benefits’’ and inserting 

3 ‘‘Health, the Under Secretary for Benefits, and the 

4 Under Secretary for Veterans Economic Oppor5 tunity’’; 

6 (5) in section 541(a)(2)(B), by striking ‘‘Health 

7 and the Under Secretary for Benefits’’ and inserting 

8 ‘‘Health, the Under Secretary for Benefits, and the 

9 Under Secretary for Veterans Economic Oppor10 tunity’’; 

11 (6) in section 542(a)(2)(B)(iii), by striking 

12 ‘‘Health and the Under Secretary for Benefits’’ and 

13 inserting ‘‘Health, the Under Secretary for Benefits, 

14 and the Under Secretary for Veterans Economic Op15 portunity’’; 

16 (7) in section 544(a)(2)(B)(vi), by striking 

17 ‘‘Health and the Under Secretary for Benefits’’ and 

18 inserting ‘‘Health, the Under Secretary for Benefits, 

19 and the Under Secretary for Veterans Economic Op20 portunity’’; 

21 (8) in section 709(c)(2)(A), by inserting after 

22 ‘‘Under Secretary for Benefits,’’ the following: ‘‘the 

23 Under Secretary for Veterans Economic Oppor24 tunity,’’. 


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1 (9) in section 7701(a), by inserting after ‘‘assist2 ance’’ the following: ‘‘, other than assistance related to 

3 economic opportunity,’’; and 

4 (10) in section 7703, by striking paragraphs (2) 

5 and (3) and redesignating paragraphs (4) and (5) as 

6 paragraphs (2) and (3), respectively. 

7 (c) FULL-TIME EMPLOYEES.—For fiscal years 2014 

8 and 2015, the aggregate number of full-time equivalent em9 ployees authorized for the Veterans Benefit Administration 

10 and the Veterans Economic Opportunity Administration, 

11 as established under chapter 80 of title 38, United States 

12 Code, as added by section 2, may not exceed 20,851. 

13 (d) EFFECTIVE DATE.—Section 306A of title 38, 

14 United States Code, as added by subsection (a), and the 

15 amendments made by this section, shall take effect on Octo16 ber 1, 2014. 

17 SEC. 6. FIVE-YEAR EXTENSION OF HOMELESS VETERANS 

18 REINTEGRATION PROGRAMS. 

19 Section 2021(e)(F) of title 38, United States Code, is 

20 amended by striking ‘‘2013’’ and inserting ‘‘2018’’. 


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1 SEC. 7. ENTITLEMENT OF CHILDREN OF CERTAIN DE2 CEASED VETERANS TO EDUCATIONAL ASSIST3 ANCE UNDER THE POST-9/11 EDUCATIONAL 

4 ASSISTANCE PROGRAM OF THE DEPARTMENT 

5 OF VETERANS AFFAIRS. 

6 (a) IN GENERAL.—Section 3311(b)(9) is amended— 

7 (1) by striking ‘‘2001, dies in line of duty while 

8 serving on active duty as a member of the Armed 

9 Forces.’’ and inserting ‘‘2001—’’; and 

10 (2) by adding at the end the following new sub11 paragraphs: 

12 ‘‘(A) dies in line of duty while serving on 

13 active duty as a member of the Armed Forces; or 

14 ‘‘(B) is awarded the Purple Heart for an 

15 injury and dies as a result of that injury during 

16 the 31-day period beginning on the date of the 

17 person’s discharge or release from active duty 

18 service in the Armed Forces.’’. 

19 (b) APPLICABILITY.—The amendments made by sub20 section (a) shall apply with respect to a person who dies 

21 on or after September 11, 2001. 

22 (c) EFFECTIVE DATE.—The amendments made by sub23 section (a) shall take effect on October 1, 2014, and apply 

24 to payments of educational assistance for programs of edu25 cation pursued after that date. 


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1 SEC. 8. RECODIFICATION AND IMPROVEMENT OF ELECTION 

2 PROCESS FOR POST-9/11 EDUCATIONAL AS3 SISTANCE PROGRAM. 

4 (a) IN GENERAL.—Subchapter III of chapter 33 is 

5 amended by adding at the end the following new section: 

6 ‘‘§ 3326. Election to receive educational assistance 

7 ‘‘(a) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPA8 TION IN POST-9/11 EDUCATIONAL ASSISTANCE.—An indi9 vidual may elect to receive educational assistance under 

10 this chapter if such individual— 

11 ‘‘(1) as of August 1, 2009— 

12 ‘‘(A) is entitled to basic educational assist13 ance under chapter 30 of the title and has used, 

14 but retains unused, entitlement under that chap15 ter; 

16 ‘‘(B) is entitled to educational assistance 

17 under chapter 107, 1606, or 1607 of title 10 and 

18 has used, but retains unused, entitlement under 

19 the applicable chapter; 

20 ‘‘(C) is entitled to basic educational assist21 ance under chapter 30 of this title but has not 

22 used any entitlement under that chapter; 

23 ‘‘(D) is entitled to educational assistance 

24 under chapter 107, 1606, or 1607 of title 10 but 

25 has not used any entitlement under such chapter; 


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1 ‘‘(E) is a member of the Armed Forces who 

2 is eligible for receipt of basic educational assist3 ance under chapter 30 this title and is making 

4 contributions toward such assistance under sec5 tion 3011(b) or 3012(c) of this title; or 

6 ‘‘(F) is a member of the Armed Forces who 

7 is not entitled to basic educational assistance 

8 under chapter 30 of this title by reason of an 

9 election under section 3011(c)(1) or 3012(d)(1) of 

10 this title; and 

11 ‘‘(2) as of the date of the individual’s election 

12 under this paragraph, meets the requirements for en13 titlement to educational assistance under this chapter. 

14 ‘‘(b) CESSATION OF CONTRIBUTIONS TOWARD GI 

15 BILL.—Effective as of the first month beginning on or after 

16 the date of an election under subsection (a) of an individual 

17 described by paragraph (1)(E) of that subsection, the obliga18 tion of the individual to make contributions under section 

19 3011(b) or 3012(c) of this title, as applicable, shall cease, 

20 and the requirements of such section shall be deemed to be 

21 no longer applicable to the individual. 

22 ‘‘(c) REVOCATION OF REMAINING TRANSFERRED ENTI23 TLEMENT.— 

24 ‘‘(1) ELECTION TO REVOKE.—If, on the date an 

25 individual described in paragraph (1)(A) or (1)(C) of 


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1 subsection (a) makes an election under that sub2 section, a transfer of the entitlement of the individual 

3 to basic educational assistance under section 3020 of 

4 this title is in effect and a number of months of the 

5 entitlement so transferred remain unutilized, the in6 dividual may elect to revoke all or a portion of the 

7 entitlement so transferred that remains unutilized. 

8 ‘‘(2) AVAILABILITY OF REVOKED ENTITLE9 MENT.—Any entitlement revoked by an individual 

10 under this paragraph shall no longer be available to 

11 the dependent to whom transferred, but shall be avail12 able to the individual instead for educational assist13 ance under chapter 33 of this title in accordance with 

14 the provisions of this section. 

15 ‘‘(3) AVAILABILITY OF UNREVOKED ENTITLE16 MENT.—Any entitlement described in paragraph (1) 

17 that is not revoked by an individual in accordance 

18 with that paragraph shall remain available to the de19 pendent or dependents concerned in accordance with 

20 the current transfer of such entitlement under section 

21 3020 of this title. 

22 ‘‘(d) POST-9/11 EDUCATIONAL ASSISTANCE.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

24 and except as provided in subsection (e), an indi25 vidual making an election under subsection (a) shall 


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1 be entitled to educational assistance under this chap2 ter in accordance with the provisions of this chapter, 

3 instead of basic educational assistance under chapter 

4 30 this title, or educational assistance under chapter 

5 107, 1606, or 1607 of title 10, as applicable. 

6 ‘‘(2) LIMITATION ON ENTITLEMENT FOR CERTAIN

7 INDIVIDUALS.—In the case of an individual making 

8 an election under subsection (a) who is described by 

9 paragraph (1)(A) of that subsection, the number of 

10 months of entitlement of the individual to educational 

11 assistance under this chapter 33 shall be the number 

12 of months equal to— 

13 ‘‘(A) the number of months of unused enti14 tlement of the individual under chapter 30 of 

15 this title, as of the date of the election, plus 

16 ‘‘(B) the number of months, if any, of enti17 tlement revoked by the individual under sub18 section (c)(1). 

19 ‘‘(e) CONTINUING ENTITLEMENT TO EDUCATIONAL AS20 SISTANCE NOT AVAILABLE UNDER 9/11 ASSISTANCE PRO21 GRAM.— 

22 ‘‘(1) IN GENERAL.—In the event educational as23 sistance to which an individual making an election 

24 under subsection (a) would be entitled under chapter 

25 30 of this title, or chapter 107, 1606, or 1607 of title 


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1 10, as applicable, is not authorized to be available to 

2 the individual under the provisions of this chapter the 

3 individual shall remain entitled to such educational 

4 assistance in accordance with the provisions of the 

5 applicable chapter. 

6 ‘‘(2) CHARGE FOR USE OF ENTITLEMENT.—The 

7 utilization by an individual of entitlement under 

8 paragraph (1) shall be chargeable against the entitle9 ment of the individual to educational assistance 

10 under this chapter at the rate of one month of entitle11 ment under this chapter for each month of entitlement 

12 utilized by the individual under paragraph (1) (as 

13 determined as if such entitlement were utilized under 

14 the provisions of chapter 30 of this title, or chapter 

15 107, 1606, or 1607 of title 10, as applicable). 

16 ‘‘(f) ADDITIONAL POST-9/11 ASSISTANCE FOR MEM17 BERS HAVING MADE CONTRIBUTIONS TOWARD GI BILL.— 

18 ‘‘(1) ADDITIONAL ASSISTANCE.—In the case of 

19 an individual making an election under subsection 

20 (a) who is described by subparagraph (A), (C), or (E) 

21 of paragraph (1) of that subsection, the amount of 

22 educational assistance payable to the individual 

23 under this chapter 33 as a monthly stipend payable 

24 under paragraph (1)(B) of section 3313(c) of this 

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1 tion (as applicable), shall be the amount otherwise 

2 payable as a monthly stipend under the applicable 

3 paragraph increased by the amount equal to— 

4 ‘‘(A) the total amount of contributions to5 ward basic educational assistance made by the 

6 individual under section 3011(b) or 3012(c) of 

7 this title, as of the date of the election, multiplied 

8 by 

9 ‘‘(B) the fraction— 

10 ‘‘(i) the numerator of which is— 

11 ‘‘(I) the number of months of enti12 tlement to basic educational assistance 

13 under chapter 30 of this title remain14 ing to the individual at the time of the 

15 election; plus 

16 ‘‘(II) the number of months, if 

17 any, of entitlement under such chapter 

18 30 revoked by the individual under 

19 subsection (c)(1); and 

20 ‘‘(ii) the denominator of which is 36 

21 months. 

22 ‘‘(2) MONTHS OF REMAINING ENTITLEMENT FOR

23 CERTAIN INDIVIDUALS.—In the case of an individual 

24 covered by paragraph (1) who is described by sub25 section (a)(1)(E), the number of months of entitlement 


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1 to basic educational assistance remaining to the indi2 vidual for purposes of paragraph (1)(B)(i)(II) shall 

3 be 36 months. 

4 ‘‘(3) TIMING OF PAYMENT.—The amount payable 

5 with respect to an individual under paragraph (1) 

6 shall be paid to the individual together with the last 

7 payment of the monthly stipend payable to the indi8 vidual under paragraph (1)(B) of section 3313(c) of 

9 this title, or under subsections (b) through (g) of that 

10 section (as applicable), before the exhaustion of the in11 dividual’s entitlement to educational assistance under 

12 this chapter. 

13 ‘‘(g) CONTINUING ENTITLEMENT TO ADDITIONAL AS14 SISTANCE FOR CRITICAL SKILLS OR SPECIALITY AND ADDI15 TIONAL SERVICE.—An individual making an election 

16 under subsection (a)(1) who, at the time of the election, is 

17 entitled to increased educational assistance under section 

18 3015(d) of this title, or section 16131(i) of title 10, or sup19 plemental educational assistance under subchapter III of 

20 chapter 30 of this title, shall remain entitled to such in21 creased educational assistance or supplemental educational 

22 assistance in the utilization of entitlement to educational 

23 assistance under this chapter, in an amount equal to the 

24 quarter, semester, or term, as applicable, equivalent of the 

25 monthly amount of such increased educational assistance 


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1 or supplemental educational assistance payable with respect 

2 to the individual at the time of the election. 

3 ‘‘(h) ALTERNATIVE ELECTION BY SECRETARY.— 

4 ‘‘(1) IN GENERAL.—In the case of an individual 

5 who, on or after October 1, 2014, submits to the Sec6 retary an election under this section that the Sec7 retary determines is clearly against the interests of 

8 the individual, the Secretary may make an alter9 native election on behalf of the individual that the 

10 Secretary determines is in the best interests of the in11 dividual. 

12 ‘‘(2) NOTICE.—If the Secretary makes an elec13 tion on behalf of an individual under this subsection, 

14 the Secretary shall notify the individual by not later 

15 than seven days after making such election and shall 

16 provide the individual with a 30-day period, begin17 ning on the date of the individual’s receipt of such 

18 notice, during which the individual may modify or 

19 revoke the election made by the Secretary on the indi20 vidual’s behalf. The Secretary shall include, as part 

21 of such notice, a clear statement of why the alter22 native election made by the Secretary is in the best 

23 interests of the individual as compared to the election 

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1 vide the notice required under this paragraph by elec2 tronic means whenever possible. 

3 ‘‘(i) IRREVOCABILITY OF ELECTIONS.—An election 

4 under subsection (a) or (c)(1) is irrevocable.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of such chapter is amended by adding at the 

7 end the following new item: 

‘‘3326. Election to receive educational assistance.’’. 

8 (c) CONFORMING REPEAL.—Subsection (c) of section 

9 5003 of the Post-9/11 Veterans Educational Assistance Act 

10 of 2008 (Public Law 110–252; 38 U.S.C. 3301 note) is here11 by repealed. 

12 SEC. 9. CENTRALIZED REPORTING OF VETERAN ENROLL13 MENT BY CERTAIN GROUPS, DISTRICTS, AND 

14 CONSORTIUMS OF EDUCATIONAL INSTITU15 TIONS. 

16 (a) IN GENERAL.—Section 3684(a) is amended— 

17 (1) in paragraph (1), by inserting ‘‘32, 33,’’ 

18 after ‘‘31,’’; and 

19 (2) by adding at the end the following new para20 graph: 

21 ‘‘(4) For purposes of this subsection, the term ‘edu22 cational institution’ may include a group, district, or con23 sortium of separately accredited educational institutions lo24 cated in the same State that are organized in a manner 


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1 that facilitates the centralized reporting of the enrollments 

2 in such group, district, or consortium of institutions.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall apply with respect to reports submitted on 

5 or after the date of the enactment of this Act. 

6 SEC. 10. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN 

7 SUBSEQUENT LOANS. 

8 (a) EXTENSION.—Section 3729(b)(2)(B) is amended— 

9 (1) in clause (i), by striking ‘‘October 1, 2017’’ 

10 and inserting ‘‘October 1, 2018’’; and 

11 (2) in clause (ii), by striking ‘‘October 1, 2017’’ 

12 and inserting ‘‘October 1, 2018’’. 

13 SEC. 11. MORTGAGE PROTECTION FOR MEMBERS OF THE 

14 ARMED FORCES, SURVIVING SPOUSES, AND 

15 CERTAIN VETERANS. 

16 (a) MEMBERS OF THE ARMED FORCES, SURVIVING

17 SPOUSES, AND CERTAIN DISABLED VETERANS.— 

18 (1) IN GENERAL.—Title III of the 

19 Servicemembers Civil Relief Act (50 U.S.C. App. 501 

20 et seq.) is amended by inserting after section 303 the 

21 following new section: 


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1 ‘‘SEC. 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN 

2 SERVICEMEMBERS, SURVIVING SPOUSES, 

3 AND DISABLED VETERANS. 

4 ‘‘(a) MORTGAGE AS SECURITY.—This section applies 

5 only to an obligation on real or personal property owned 

6 by a covered individual that— 

7 ‘‘(1) originated at any time and for which the 

8 covered individual is still obligated; and 

9 ‘‘(2) is secured by a mortgage, trust deed, or 

10 other security in the nature of a mortgage. 

11 ‘‘(b) STAY OF PROCEEDINGS.— 

12 ‘‘(1) IN GENERAL.—In accordance with sub13 section (d)(1), in a judicial action pending or in a 

14 nonjudicial action commenced during a covered time 

15 period to enforce an obligation described in subsection 

16 (a), a court— 

17 ‘‘(A) may, after a hearing and on its own 

18 motion, stay the proceedings until the end of the 

19 covered time period; and 

20 ‘‘(B) shall, upon application by a covered 

21 individual, stay the proceedings until the end of 

22 the covered time period. 

23 ‘‘(2) OBLIGATION TO STOP PROCEEDINGS.—Upon 

24 receipt of notice provided under subsection (d)(1), a 

25 mortgagee, trustee, or other creditor seeking to fore26 close on real property secured by an obligation covVerDate Mar 15 2010 20:41 Sep 11, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H2481.RH H2481

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1 ered by this section using any judicial or nonjudicial 

2 proceedings shall immediately stop any such pro3 ceeding until the end of the covered time period. 

4 ‘‘(c) SALE OR FORECLOSURE.—A sale, judicial or non5 judicial foreclosure, or seizure of property for a breach of 

6 an obligation described in subsection (a) that is not stayed 

7 under subsection (b) shall not be valid during a covered 

8 time period except— 

9 ‘‘(1) upon a court order granted before such sale, 

10 judicial or nonjudicial foreclosure, or seizure with a 

11 return made and approved by the court; or 

12 ‘‘(2) if made pursuant to an agreement as pro13 vided in section 107. 

14 ‘‘(d) NOTICE REQUIRED.— 

15 ‘‘(1) IN GENERAL.—To be covered under this sec16 tion, a covered individual shall provide to the mort17 gagee, trustee, or other creditor written notice that 

18 such individual is so covered. 

19 ‘‘(2) MANNER.—Written notice under paragraph 

20 (1) may be provided electronically. 

21 ‘‘(3) TIME.—Notice provided under paragraph 

22 (1) shall be provided during the covered time period. 

23 ‘‘(4) CONTENTS.—With respect to a servicemem24 ber described in subsection (g)(1)(A), notice shall in25 clude— 


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1 ‘‘(A) a copy of the servicemember’s official 

2 military orders, or any notification, certifi3 cation, or verification from a servicemember’s 

4 commanding officer that provides evidence of 

5 servicemember’s eligibility for special pay as de6 scribed in subsection (g)(1)(A); or 

7 ‘‘(B) an official notice using a form de8 signed under paragraph (5). 

9 ‘‘(5) OFFICIAL FORMS.— 

10 ‘‘(A) IN GENERAL.—The Secretary of De11 fense shall design and distribute an official De12 partment of Defense form that can be used by an 

13 individual to give notice under paragraph (1). 

14 ‘‘(B) USE OF OFFICIAL FORM NOT RE15 QUIRED.—Failure by any individual to use a 

16 form designed or distributed under subparagraph 

17 (A) to provide notice shall not make such provi18 sion of notice invalid. 

19 ‘‘(e) AGGREGATE DURATION.—The aggregate duration 

20 for which a covered individual (except a servicemember de21 scribed in subsection (g)(1)(A)) may be covered under this 

22 section is one year. 

23 ‘‘(f) MISDEMEANOR.—A person who knowingly makes 

24 or causes to be made a sale, foreclosure, or seizure of prop25 erty that is prohibited by subsection (c), or who knowingly 


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1 attempts to do so, shall be fined as provided in title 18, 

2 United States Code, or imprisoned for not more than one 

3 year, or both. 

4 ‘‘(g) DEFINITIONS.—In this section: 

5 ‘‘(1) COVERED INDIVIDUAL.—The term ‘covered 

6 individual’ means the following individuals: 

7 ‘‘(A) A servicemember who is or was eligible 

8 for hostile fire or imminent danger special pay 

9 under section 310 of title 37, United States Code, 

10 during a period of military service. 

11 ‘‘(B) A servicemember placed on convales12 cent status, including a servicemember trans13 ferred to the temporary disability retired list 

14 under section 1202 or 1205 of title 10, United 

15 States Code. 

16 ‘‘(C) A veteran who was medically dis17 charged and retired under chapter 61 of title 10, 

18 United States Code, except for a veteran de19 scribed in section 1207 of such title. 

20 ‘‘(D) A surviving spouse (as defined in sec21 tion 101(3) of title 38, United States Code, and 

22 in accordance with section 103 of such title) of 

23 a servicemember who died while in military 

24 service if such spouse is the successor in interest 

25 to property covered under subsection (a). 


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1 ‘‘(2) COVERED TIME PERIOD.—The term ‘covered 

2 time period’ means the following time periods: 

3 ‘‘(A) With respect to a servicemember who 

4 is or was eligible for hostile fire or imminent 

5 danger special pay under section 310 of title 37, 

6 United States Code, during a period of military 

7 service, during the period beginning on the first 

8 day on which the servicemember is or was eligi9 ble for such special pay during such period of 

10 military service and ending on the date that is 

11 one year after the last day of such period of mili12 tary service. 

13 ‘‘(B) With respect to a servicemember de14 scribed in paragraph (1)(B), during the one-year 

15 period beginning on the date on which the serv16 icemember is placed on convalescent status or 

17 transferred to the temporary disability retired 

18 list under section 1202 or 1205 of title 10, 

19 United States Code. 

20 ‘‘(C) With respect to a veteran described in 

21 paragraph (1)(C), during the one-year period be22 ginning on the date of the retirement of such vet23 eran. 

24 ‘‘(D) With respect to a surviving spouse of 

25 a servicemember as described in paragraph 


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1 (1)(D), during the one-year period beginning on 

2 the date on which the spouse receives notice of 

3 the death of the servicemember.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents in section 1(b) of such Act is amended by insert6 ing after the item relating to section 303 the following 

7 new item: 

‘‘Sec. 303A. Mortgages and trust deeds of certain servicemembers, surviving 

spouses, and disabled veterans.’’. 

8 (3) CONFORMING AMENDMENT.—Section 107 of 

9 the Servicemembers Civil Relief Act (50 U.S.C. App. 

10 517) is amended by adding at the end the following: 

11 ‘‘(e) OTHER INDIVIDUALS.—For purposes of this sec12 tion, the term ‘servicemember’ includes any covered indi13 vidual under section 303A.’’. 

14 (b) INCREASED CIVIL PENALTIES FOR MORTGAGE VIO15 LATIONS.—Paragraph (3) of section 801(b) of the 

16 Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) 

17 is amended to read as follows: 

18 ‘‘(3) to vindicate the public interest, assess a 

19 civil penalty— 

20 ‘‘(A) with respect to a violation of section 

21 207, 303, or 303A regarding real property— 

22 ‘‘(i) in an amount not exceeding 

23 $110,000 for a first violation; and 


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1 ‘‘(ii) in an amount not exceeding 

2 $220,000 for any subsequent violation; and 

3 ‘‘(B) with respect to any other violation of 

4 this Act— 

5 ‘‘(i) in an amount not exceeding 

6 $55,000 for a first violation; and 

7 ‘‘(ii) in an amount not exceeding 

8 $110,000 for any subsequent violation.’’. 

9 (c) CREDIT DISCRIMINATION.—Section 108 of such Act 

10 (50 U.S.C. App. 518) is amended— 

11 (1) by striking ‘‘Application by’’ and inserting 

12 ‘‘(a) APPLICATION OR RECEIPT.—Application by’’; 

13 and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(b) ELIGIBILITY.—In addition to the protections 

17 under subsection (a), an individual who is entitled to any 

18 right or protection provided under this Act may not be de19 nied or refused credit or be subject to any other action de20 scribed under paragraphs (1) through (6) of subsection (a) 

21 solely by reason of such entitlement.’’. 

22 (d) EFFECTIVE DATE.—Section 303A of the 

23 Servicemembers Civil Relief Act, as added by subsection (a), 

24 and the amendments made by this section, shall take effect 

25 on October 1, 2014. 


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1 SEC. 12. TREATMENT OF RELOCATION FOR ACTIVE DUTY 

2 FOR PURPOSES OF MORTGAGE REFINANCING. 

3 (a) IN GENERAL.—Title III of the Servicemembers 

4 Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended 

5 by inserting after section 303A, as added by section 

6 11(a)(1), the following new section: 

7 ‘‘SEC. 303B. TREATMENT OF RELOCATION FOR ACTIVE DUTY 

8 FOR PURPOSES OF MORTGAGE REFINANCING. 

9 ‘‘(a) TREATMENT OF ABSENCE FROM RESIDENCE DUE

10 TO ACTIVE DUTY.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), if, 

12 at any time that a servicemember who is the mort13 gagor under an existing mortgage does not reside in 

14 the residence that secures the existing mortgage be15 cause of relocation described in subsection (c)(1)(B), 

16 such servicemember inquires about or applies for a 

17 covered refinancing mortgage, such servicemember 

18 shall be, for all purposes relating to the covered refi19 nancing mortgage, including such inquiry or applica20 tion and eligibility for and compliance with any un21 derwriting criteria and standards regarding such cov22 ered refinancing mortgage, considered to occupy the 

23 residence that secures the existing mortgage to be paid 

24 or prepaid by such covered refinancing mortgage as 

25 the principal residence of the servicemember during 

26 the period of any such relocation. 


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1 ‘‘(2) LIMITATION.—Paragraph (1) shall not 

2 apply with respect to a servicemember at any time if, 

3 during the five-year period preceding such time, the 

4 servicemember entered into a covered refinancing 

5 mortgage pursuant to this section. 

6 ‘‘(b) MORTGAGES ORIGINATED BEFORE PERIOD MILI7 TARY SERVICE.—If a covered refinancing mortgage is en8 tered into pursuant to this section with respect to an exist9 ing mortgage that originated before the period of the 

10 servicemember’s military service, such covered refinancing 

11 mortgage shall be deemed to be an obligation that originated 

12 before the period of the servicemember’s military service and 

13 for which the servicemember is still obligated for purposes 

14 of section 303(a)(1). 

15 ‘‘(c) DEFINITIONS.—In this section: 

16 ‘‘(1) EXISTING MORTGAGE.—The term ‘existing 

17 mortgage’ means a mortgage that is secured by a 1- 

18 to 4-family residence, including a condominium or a 

19 share in a cooperative ownership housing association, 

20 that was the principal residence of a servicemember 

21 for a period that— 

22 ‘‘(A) had a duration of 13 consecutive 

23 months or longer; and 

24 ‘‘(B) ended upon the relocation of the serv25 icemember caused by the servicemember receiving 


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1 military orders for a permanent change of sta2 tion or to deploy with a military unit, or as an 

3 individual in support of a military operation, 

4 for a period of not less than 90 days that did not 

5 allow the servicemember to continue to occupy 

6 such residence as a principal residence. 

7 ‘‘(2) COVERED REFINANCING MORTGAGE.—The 

8 term ‘covered refinancing mortgage’ means any mort9 gage— 

10 ‘‘(A) that is made for the purpose of paying 

11 or prepaying, and extinguishing, the outstanding 

12 obligations under an existing mortgage or mort13 gages; and 

14 ‘‘(B) that is secured by the same residence 

15 that secured such existing mortgage or mort16 gages.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents for 

18 such Act is amended by inserting after the item relating 

19 to section 303A the following new item: 

‘‘Sec. 303B. Treatment of relocation for active duty for purposes of mortgage refinancing.’’. 

20 (c) EFFECTIVE DATE.—Section 303B of the 

21 Servicemembers Civil Relief Act, as added by subsection (a), 

22 and the amendments made by this section, shall take effect 

23 on October 1, 2014. 


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1 SEC. 13. REQUIREMENTS FOR LENDING INSTITUTIONS 

2 THAT ARE CREDITORS FOR OBLIGATIONS 

3 AND LIABILITIES COVERED BY THE 

4 SERVICEMEMBERS CIVIL RELIEF ACT. 

5 Section 207 of the Servicemembers Civil Relief Act (50 

6 U.S.C. App. 527) is amended— 

7 (1) by redesignating subsections (d) and (e) as 

8 subsections (e) and (f), respectively; and 

9 (2) by inserting after subsection (c) the following 

10 new subsection (d): 

11 ‘‘(d) LENDING INSTITUTION REQUIREMENTS.— 

12 ‘‘(1) COMPLIANCE OFFICERS.—Each lending in13 stitution subject to the requirements of this section 

14 shall designate an employee of the institution as a 

15 compliance officer who is responsible for ensuring the 

16 institution’s compliance with this section and for dis17 tributing information to servicemembers whose obliga18 tions and liabilities are covered by this section. 

19 ‘‘(2) TOLL-FREE TELEPHONE NUMBER.—During 

20 any fiscal year, a lending institution subject to the re21 quirements of this section that had annual assets for 

22 the preceding fiscal year of $10,000,000,000 or more 

23 shall maintain a toll-free telephone number and shall 

24 make such telephone number available on the primary 

25 Internet website of the institution.’’. 


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1 SECTION 14. PROTECTION OF CHILD CUSTODY ARRANGE2 MENTS FOR PARENTS WHO ARE MEMBERS OF 

3 THE ARMED FORCES. 

4 (a) CHILD CUSTODY PROTECTION.—Title II of the 

5 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 

6 seq.) is amended by adding at the end the following new 

7 section: 

8 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

9 ‘‘(a) RESTRICTION ON TEMPORARY CUSTODY

10 ORDER.—If a court renders a temporary order for custodial 

11 responsibility for a child based solely on a deployment or 

12 anticipated deployment of a parent who is a servicemember, 

13 then the court shall require that, upon the return of the serv14 icemember from deployment, the custody order that was in 

15 effect immediately preceding the temporary order shall be 

16 reinstated, unless the court finds that such a reinstatement 

17 is not in the best interest of the child, except that any such 

18 finding shall be subject to subsection (b). 

19 ‘‘(b) LIMITATION ON CONSIDERATION OF MEMBER’S

20 DEPLOYMENT IN DETERMINATION OF CHILD’S BEST IN21 TEREST.—If a motion or a petition is filed seeking a per22 manent order to modify the custody of the child of a service23 member, no court may consider the absence of the service24 member by reason of deployment, or the possibility of de25 ployment, as the sole factor in determining the best interest 

26 of the child. 


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1 ‘‘(c) NO FEDERAL JURISDICTION OR RIGHT OF ACTION

2 OR REMOVAL.—Nothing in this section shall create a Fed3 eral right of action or otherwise give rise to Federal juris4 diction or create a right of removal. 

5 ‘‘(d) PREEMPTION.—In any case where State law ap6 plicable to a child custody proceeding involving a tem7 porary order as contemplated in this section provides a 

8 higher standard of protection to the rights of the parent who 

9 is a deploying servicemember than the rights provided 

10 under this section with respect to such temporary order, the 

11 appropriate court shall apply the higher State standard. 

12 ‘‘(e) DEPLOYMENT DEFINED.—In this section, the term 

13 ‘deployment’ means the movement or mobilization of a serv14 icemember to a location for a period of longer than 60 days 

15 and not longer than 540 days pursuant to temporary or 

16 permanent official orders— 

17 ‘‘(1) that are designated as unaccompanied; 

18 ‘‘(2) for which dependent travel is not author19 ized; or 

20 ‘‘(3) that otherwise do not permit the movement 

21 of family members to that location.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents in 

23 section 1(b) of such Act is amended by adding at the end 

24 of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 


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Amend the title so as to read: ‘‘A bill make certain 

improvements in the laws administered by the Secretary 

of Veterans Affairs relating to benefits, and for other 

purposes.’’. 


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Union Calendar No. 152 

113TH CONGRESS 

1ST SESSION H. R. 2481 

[Report No. 113–207] 

A BILL 

To amend title 38, United States Code, to codify 

partment of Veterans Affairs. 11 Educational Assistance program of the Deceipt of educational assistance under the Post-9/ and improve the election requirements for the reSEPTEMBER 11, 2013 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 20:41 Sep 11, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6651 Sfmt 6651 E:\BILLS\H2481.RH H2481

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