117TH CONGRESS 
1ST SESSION H. R. 5603 
AN ACT 
To amend title 38, United States Code, to establish protec-
tions for a member of the Armed Forces who leaves 
a course of education, paid for with certain educational 
assistance, to perform certain service. 
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 ‘‘Protections for Stu-
dent 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: 
‘‘§ 3691A. Withdrawal or leave of absence from cer-
tain 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 ac-
tion against a covered member on the basis that 
such covered member withdraws or takes a leave of 
absence under paragraph (1). Adverse actions in-
clude the following: 
‘‘(A) The assignment of a failing grade to 
a covered member for covered education.
‘‘(B) The reduction of the grade point av-
erage of a covered member for covered edu-
cation. 
‘‘(C) The characterization of any absence 
of a covered member from covered education as 
unexcused. 
‘‘(D) The assessment of any financial pen-
alty against a covered member. 
‘‘(b) WITHDRAWAL.—If a covered member withdraws 
from covered education under subsection (a), the institu-
tion 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 equiva-
lent) to the covered member for covered education 
for the academic term from which the covered mem-
ber takes such leave of absence; and 
‘‘(2) to the extent practicable, permit the cov-
ered 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 Sec-
retary. 
‘‘(2) The term ‘covered member’ means a mem-
ber of the Armed Forces (including the reserve com-
ponents) enrolled in covered education. 
‘‘(3) The term ‘covered service’ means— 
‘‘(A) active service or inactive-duty train-
ing, as such terms are defined in section 101 of 
title 10; or 
‘‘(B) State active duty, as defined in sec-
tion 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 en-
rolled 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 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 PRO-
GRAMS OF EDUCATION. 
(a) USE OF ENTITLEMENT FOR PRIVATE PILOT’S LI-
CENSES.—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 ele-
ment a degree); and’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as para-
graph (2).
(b) ACCELERATED PAYMENTS FOR FLIGHT TRAIN-
ING.—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 re-
spect to a dual major, concentration, or other ele-
ment of such a degree) may elect to receive acceler-
ated payments of amounts for tuition and fees deter-
mined under subsection (c). The amount of each ac-
celerated 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 pay-
ments may not exceed the total amount of tuition 
and fees for the program of education. The amount 
of monthly stipends shall be determined in accord-
ance with such subsection (c) and may not be accel-
erated under this paragraph. 
‘‘(2) EDUCATIONAL
COUNSELING.—An indi-
vidual 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 indi-
vidual 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 edu-
cation 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 de-
scribed in subclause (II)’’; and 
(E) by adding at the end the following new 
subclause: 
‘‘(II) A program of education de-
scribed in this subclause is any of the fol-
lowing: 
‘‘(aa) A program of education 
pursued at a non-public or foreign in-
stitution of higher learning. 
‘‘(bb) A program of education 
pursued at a public institution of 
higher learning in which flight train-