IIB 117th CONGRESS 1st Session H. R. 5603 IN THE SENATE OF THE UNITED STATES November 17, 2021 Received; read twice and referred to the Committee on Veterans' Affairs AN ACT To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service.

1. Short title This Act may be cited as the Protections for Student Veterans Act . 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 certain 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 action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). Adverse actions include the following: (A) The assignment of a failing grade to a covered member for covered education. (B) The reduction of the grade point average of a covered member for covered education. (C) The characterization of any absence of a covered member from covered education as unexcused. (D) The assessment of any financial penalty against a covered member. (b) Withdrawal If a covered member withdraws from covered education under subsection (a), the institution 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 equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and (2) to the extent practicable, permit the covered 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 Secretary. (2) The term covered member means a member of the Armed Forces (including the reserve components) enrolled in covered education. (3) The term covered service means— (A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or (B) State active duty, as defined in section 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 enrolled 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. . 3. Improvements to assistance provided for certain flight training and other programs of education (a) Use of entitlement for private pilot’s licenses 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 element a degree); and ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Accelerated payments for flight training 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 respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). The amount of each accelerated 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 payments may not exceed the total amount of tuition and fees for the program of education. The amount of monthly stipends shall be determined in accordance with such subsection (c) and may not be accelerated under this paragraph. (2) Educational counseling An individual 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 individual 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 education 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 described in subclause (II) ; and (E) by adding at the end the following new subclause: (II) A program of education described in this subclause is any of the following: (aa) A program of education pursued at a non-public or foreign institution of higher learning. (bb) A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree). . (d) Certain programs of education carried out under contract Section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item: (cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education. . (e) Application (1) In general Except as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act. (2) Special rule for current students In the case of an individual who, as of the date of the enactment of this Act, is using educational assistance under chapter 33 of title 38, United States Code, to pursue a course of education that includes a program of education described in item (bb) or (cc) of section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsections (c) and (d), respectively, the amendment made by such subsection shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date that is two years after the date of the enactment of this Act. 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives November 16, 2021. Cheryl L. Johnson, Clerk.