I 
114TH CONGRESS 
1ST SESSION H. R. 4260 
To protect servicemembers in higher education, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2015 
Ms. SINEMA (for herself, Mr. COSTELLO of Pennsylvania, and Mr. COFFMAN) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce, and in addition to the Committees on Vet-
erans’ Affairs and Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To protect servicemembers in higher education, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Servicemember Higher 
Education Protection Act’’. 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
sion, the reference shall be considered to be made to a 
section or other provision of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.). 
SEC. 3. BENEFITS FOR BORROWERS WHO ARE MEMBERS 
OF THE ARMED FORCES. 
Section 131(f) (20 U.S.C. 1015(f)) is amended to 
read as follows: 
‘‘(f) BENEFITS
FOR MEMBERS
OF
THE ARMED 
FORCES.— 
‘‘(1) WEBSITE.— 
‘‘(A) IN GENERAL.—The Secretary, in co-
ordination with the Secretary of Defense, the 
Secretary of Veterans Affairs, and the Sec-
retary of Homeland Security, shall create a re-
vised and updated searchable Internet website 
that— 
‘‘(i) contains information, in simple 
and understandable terms, about all Fed-
eral and State student financial assistance, 
readmission requirements under section 
484C, and other student services, for 
which members of the Armed Forces (in-
cluding members of the National Guard 
and Reserves), veterans, and the depend-
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
ents of such members or veterans may be 
eligible; and 
‘‘(ii) is easily accessible through the 
Internet website described in subsection 
(e)(3). 
‘‘(B) IMPLEMENTATION.—Not later than 1 
year after the date of enactment of the Service-
member Higher Education Protection Act, the 
Secretary shall make publicly available the re-
vised and updated Internet website described in 
subparagraph (A). 
‘‘(C) DISSEMINATION.—The Secretary, in 
coordination with the Secretary of Defense and 
the Secretary of Veterans Affairs, shall make 
the availability of the Internet website described 
in subparagraph (A) widely known to members 
of the Armed Forces (including members of the 
National Guard and Reserves), veterans, the 
dependents of such members or veterans, 
States, institutions of higher education, and the 
general public. 
‘‘(D) DEFINITION.—In this paragraph, the 
term ‘Federal and State student financial as-
sistance’ means any grant, loan, work assist-
ance, tuition assistance, scholarship, fellowship, 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
or other form of financial aid for pursuing a 
postsecondary education that is— 
‘‘(i) administered, sponsored, or sup-
ported by the Department of Education, 
the Department of Defense, the Depart-
ment of Veterans Affairs, or a State; and 
‘‘(ii) available to members of the 
Armed Forces (including members of the 
National Guard and Reserves), veterans, 
or the dependents of such members or vet-
erans. 
‘‘(2) ENROLLMENT FORM.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of Defense and the 
heads of any other relevant Federal agencies, 
shall create a simplified disclosure and enroll-
ment form for borrowers who are performing el-
igible military service (as defined in section 
481(d)). 
‘‘(B) CONTENTS.—The disclosure and en-
rollment form described in subparagraph (A) 
shall include— 
‘‘(i) information about the benefits 
and protections under title IV and under 
the Servicemembers Civil Relief Act (50 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
U.S.C. App. 501 et seq.) that are available 
to such borrower because the borrower is 
performing eligible military service; and 
‘‘(ii) an opportunity for the borrower, 
by completing the enrollment form, to in-
voke certain protections, activate certain 
benefits, and enroll in certain programs 
that may be available to that borrower, 
which shall include the opportunity— 
‘‘(I) to invoke applicable protec-
tions that are available under the 
Servicemembers Civil Relief Act (50 
U.S.C. App. 501 et seq.), as such pro-
tections relate to Federal student 
loans under title IV; and 
‘‘(II) to activate or enroll in any 
other applicable benefits that are 
available to such borrower under this 
Act because the borrower is per-
forming eligible military service, such 
as eligibility for a deferment or eligi-
bility for a period during which inter-
est shall not accrue. 
‘‘(C) IMPLEMENTATION.—Not later than 
365 days after the date of the enactment of the 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
Servicemember Higher Education Protection 
Act, the Secretary shall make available to eligi-
ble institutions, eligible lenders, and personnel 
at the Department of Defense and other Fed-
eral agencies that provide services to borrowers 
who are members of the Armed Forces or the 
dependents of such members, the disclosure and 
enrollment form described in subparagraph (A). 
‘‘(D) NOTICE REQUIREMENTS.— 
‘‘(i) SCRA INTEREST
RATE
LIMITA-
TION.—The completion of the disclosure 
and enrollment form created pursuant to 
subparagraph (A) by the borrower of a 
loan made, insured, or guaranteed under 
part B or part D of title IV who is other-
wise subject to the interest rate limitation 
in subsection (a) of section 207 of the 
Servicemembers Civil Relief Act (50 U.S.C. 
App. 527(a)) and submittal of such form 
to the Secretary shall be considered, for 
purposes of such section, provision to the 
creditor of written notice as described in 
subsection (b)(1) of such section. 
‘‘(ii) FFEL 
LENDERS.—The Sec-
retary shall provide each such disclosure 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
and enrollment form completed and sub-
mitted by a borrower of a loan made, in-
sured, or guaranteed under part B of title 
IV who is otherwise subject to the interest 
rate limitation in subsection (a) of section 
207 of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 527(a)) to any applicable 
eligible lender under part B of title IV so 
as to satisfy the provision to the lender of 
written notice as described in subsection 
(b)(1) of such section.’’. 
SEC. 4. RESPONSIBILITIES OF FSA OMBUDSMAN; ADDITION 
OF POINT OF CONTACT FOR MILITARY FAMI-
LIES. 
Section 141(f) (20 U.S.C. 1018(f)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) MILITARY AND VETERAN POINT OF CON-
TACT.— 
‘‘(A) IN GENERAL.—The Chief Operating 
Officer, in consultation with the Secretary, shall 
designate 1 or more employees to act as the 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
military and veteran point of contact within the 
office of the Student Loan Ombudsman. 
‘‘(B) FUNCTIONS.—The designated mili-
tary and veteran point of contact described in 
subparagraph (A) shall— 
‘‘(i) monitor the complaints received 
from the Ombudsman under paragraph 
(3)(A) from, and provide timely assistance 
to, members of the Armed Forces (includ-
ing members of the National Guard and 
Reserves), veterans, and their dependents; 
‘‘(ii) coordinate with other agencies, 
including the Department of Defense, the 
Department of Veterans Affairs, and the 
Department of Homeland Security, to en-
sure that members of the Armed Forces, 
veterans, and the dependents of members 
of the Armed Forces and veterans, who are 
students, borrowers, or potential bor-
rowers, are aware of the availability and 
functions of the Ombudsman; and 
‘‘(iii) issue to the Committee on 
Health, Education, Labor, and Pensions of 
the Senate, the Committee on Education 
and the Workforce of the House of Rep-
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
resentatives, the Committee on Veterans’ 
Affairs of the Senate, the Committee on 
Veterans’ Affairs of the House of Rep-
resentatives, the Committee on Armed 
Services of the Senate, and the Committee 
on Armed Services of the House of Rep-
resentatives an annual report on the chal-
lenges that such members of the Armed 
Forces, veterans, and dependents are fac-
ing as students, borrowers, and potential 
borrowers.’’. 
SEC. 5. IMPROVED DISABILITY DETERMINATIONS. 
(a) IN
GENERAL.—Section 437(a) (20 U.S.C. 
1087(a)) is amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) DETERMINATION BY THE SECRETARY OF 
VETERANS
AFFAIRS
OR
THE
SECRETARY
OF
DE-
FENSE.— 
‘‘(A) IN GENERAL.—A borrower who has 
been assigned a disability rating of 100 percent 
(or a combination of ratings equaling 100 per-
cent or more) by the Secretary of Veterans Af-
fairs or the Secretary of Defense for a service- 
connected disability (as defined in section 101 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
of title 38, United States Code) and who pro-
vides documentation of such rating to the Sec-
retary of Education, shall be considered perma-
nently and totally disabled for the purpose of 
discharging such borrower’s loans under this 
subsection, and such borrower shall not be re-
quired to present any additional documentation 
for purposes of this subsection. 
‘‘(B) RATING OF DISABILITY.—A disability 
rating described in subparagraph (A), or similar 
determination of unemployability by the Sec-
retary of Veterans Affairs or the Secretary of 
Defense, transmitted in accordance with sub-
paragraph (C) shall be considered sufficient 
documentation for purposes of this subsection. 
‘‘(C) TRANSFER
OF
INFORMATION.—Not 
later than 180 days after the date of enactment 
of the Servicemember Higher Education Protec-
tion Act, the Secretary, in coordination with the 
Secretary of Defense and the Secretary of Vet-
erans Affairs, shall create a system through 
which the applicable disability ratings (or alter-
native means of transmitting a determination of 
unemployability) shall be automatically trans-
mitted from the Department of Defense or the 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
Department of Veterans Affairs, as the case 
may be, to the Department of Education and 
shall satisfy the documentation requirement de-
scribed in this paragraph.’’; and 
(2) by adding at the end the following: 
‘‘(3) DISABILITY DETERMINATIONS BY THE SO-
CIAL SECURITY ADMINISTRATION.—A borrower who 
has been determined by the Social Security Adminis-
tration to be disabled with medical improvement not 
expected and who provides documentation of such 
determination to the Secretary of Education, shall 
be considered permanently and totally disabled for 
the purpose of discharging such borrower’s loans 
under this subsection, and such borrower shall not 
be required to present additional documentation for 
purposes of this subsection. 
‘‘(4) REINSTATEMENT
PROVISIONS.—A bor-
rower of a loan that is discharged under paragraph 
(2) or (3) shall not be subject to the reinstatement 
provisions described in paragraph (1). 
‘‘(5) DATA COLLECTION AND REPORT TO CON-
GRESS.— 
‘‘(A) DATA COLLECTION.—The Secretary 
shall annually collect data about borrowers ap-
plying for, and borrowers receiving, loan dis-
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
charges under this subsection, which shall in-
clude the following: 
‘‘(i) Data regarding— 
‘‘(I) the number of applications 
received under this subsection; 
‘‘(II) the number of such applica-
tions that were approved; and 
‘‘(III) the number of loan dis-
charges that were completed under 
this subsection. 
‘‘(ii) A summary of the reasons why 
the Secretary reinstated the obligation of, 
and resumed collection on, loans dis-
charged under this subsection. 
‘‘(iii) The data described in subclauses 
(I) through (III) of clause (i), and clause 
(ii), for each of the following: 
‘‘(I) Borrowers applying for, and 
borrowers receiving, loan discharges 
under paragraph (2)(A). 
‘‘(II) Borrowers applying for, and 
borrowers receiving, loan discharges 
under paragraph (2)(B). 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(III) Borrowers applying for, 
and borrowers receiving, loan dis-
charges under paragraph (3). 
‘‘(iv) Any other information the Sec-
retary determines is necessary. 
‘‘(B) REPORT.—The Secretary shall annu-
ally report to Congress, and make publicly 
available, the information described in subpara-
graph (A).’’. 
(b) REPORTS.— 
(1) PLAN.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of 
Education shall submit to the appropriate commit-
tees of Congress a report that includes a plan to 
carry out the activities described under section 
437(a)(2)(B)(iii) of the Higher Education Act of 
1965 (20 U.S.C. 1087(a)(2)(B)(iii)), as amended by 
this section. 
(2) FOLLOW-UP REPORT.—If the Secretary of 
Education has not carried out the activities de-
scribed under section 437(a)(2)(B)(iii) of the Higher 
Education Act of 1965, as amended by this section, 
by the date that is 1 year after the date of enact-
ment of this Act, the Secretary of Education shall 
submit to the appropriate committees of Congress, 
VerDate Sep 11 2014 
06:25 Dec 16, 2015
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4260.IH
H4260
SSpencer on DSK4SPTVN1PROD with BILLS