[House Report 117-34]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-34
======================================================================
GI BILL NATIONAL EMERGENCY EXTENDED DEADLINE ACT
_______
May 14, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Takano, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 2167]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 2167) to amend title 38, United States Code, to
provide for extensions of the time limitations for use of
entitlement under Department of Veterans Affairs educational
assistance programs by reason of school closures due to
emergency and other situations, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 5
Subcommittee Consideration....................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Section-by-Section Description................................... 6
Congressional Budget Office Cost Estimate........................ 7
Committee Oversight Findings..................................... 7
Constitutional Authority Statement............................... 7
Earmark Statement................................................ 7
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 8
Performance Goals................................................ 8
Supplemental, Additional, Dissenting, and Minority views......... 8
Applicability to Legislative Branch.............................. 8
Statement on Duplication of Federal Programs..................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GI Bill National Emergency Extended
Deadline Act''.
SEC. 2. EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT UNDER
DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL
ASSISTANCE PROGRAMS BY REASON OF SCHOOL CLOSURES
DUE TO EMERGENCY AND OTHER SITUATIONS.
(a) Montgomery GI Bill.--Section 3031 of title 38, United States
Code, is amended--
(1) in subsection (a), by inserting ``and subsection (i)''
after ``through (g)''; and
(2) by adding at the end the following new subsection:
``(i)(1) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing the
individual's chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise
applicable under this section because of a covered reason, as
determined by the Secretary, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the
individual is able to resume pursuit of a program of
education with educational assistance under this
chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the individual from
pursuing the individual's chosen program of education, as
determined by the Secretary.''.
(b) Post-9/11 Educational Assistance.--Section 3321(b)(1) of such
title is amended--
(1) by inserting ``(A)'' before ``Subsections'';
(2) by striking ``and (d)'' and inserting ``(d), and (i)'';
and
(3) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 of this title shall
apply with respect to the running of the 15-year period
described in paragraphs (4)(A) and (5)(A) of this subsection in
the same manner as such subsection applies under section 3031
with respect to the running of the 10-year period described in
section 3031(a).''.
SEC. 3. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF SCHOOL CLOSURES
DUE TO EMERGENCY AND OTHER SITUATIONS UNDER
DEPARTMENT OF VETERANS AFFAIRS TRAINING AND
REHABILITATION PROGRAM FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES.
Section 3103 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) In the case of a veteran who is eligible for a vocational
rehabilitation program under this chapter and who is prevented from
participating in the vocational rehabilitation program within the
period of eligibility prescribed in subsection (a) because of a covered
reason, as determined by the Secretary, such period of eligibility--
``(A) shall not run during the period the veteran is so
prevented from participating in such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the
veteran is able to resume participation in a vocational
rehabilitation program under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program, as
determined by the Secretary.''.
SEC. 4. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED
BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO
NOT CHARGE VETERANS THE IN-STATE TUITION RATE FOR
PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE PROGRAM.
(a) In General.--Section 3679(c) of title 38, United States Code, is
amended--
(1) in paragraph (1), by striking ``or 33'' and inserting
``33, or 35'';
(2) in paragraph (2), by adding at the end the following new
subparagraph:
``(D) An individual who is entitled to assistance under
section 3510 of this title.''; and
(3) in paragraph (6), by striking ``and 33'' and inserting
``33, and 35''.
(b) Conforming Amendments.--Section 3679(e) of such title is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or 33'' and
inserting ``, 33, or 35''; and
(B) in subparagraph (B), by striking ``or 33'' and
inserting ``33, or 35''; and
(2) in paragraph (2), by striking ``or 33'' and inserting
``33, or 35''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the date of the enactment of this Act and shall apply with
respect to an academic period that begins on or after August 1, 2022.
SEC. 5. IMPROVEMENTS TO INFORMATION TECHNOLOGY SERVICES USED TO PROCESS
CLAIMS FOR EDUCATIONAL ASSISTANCE.
(a) Modern Information Technology Service.--The Secretary of Veterans
Affairs shall implement an information technology service to process
claims for educational assistance under chapters 30, 33, 35, and 36 of
title 38, United States Code, using one or more commercial software
systems. The Secretary shall complete such implementation not later
than August 1, 2024.
(b) Required Capabilities.--The Secretary shall ensure that the
modern information technology service under subsection (a) has the
following capabilities:
(1) As compared to legacy information technology systems--
(A) the ability to process claims faster and in a
more efficient manner by improving processing
integration and accuracy;
(B) improved data exchange and reporting; and
(C) improved customer integration and simplification
of the online experience.
(2) Timely communication by employees of the Department of
Veterans Affairs to individuals and educational institutions
using an online portal that can provide real-time information
on claims for educational assistance.
(3) The ability to be customized to address future
capabilities required by law.
(4) Fully automated to the extent practicable for all
original and supplemental claims, including with respect to
calculating accurate awards.
(5) The ability for individuals entitled to educational
assistance to electronically apply for, withdraw from, and
amend such entitlement, and to reallocate a transferred
entitlement.
(6) The ability to electronically process changes made by
educational institutions.
(7) The ability to verify attendance at an educational
institution.
(8) The ability to process validations made by an educational
institution.
(c) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a
report containing information on the cost, schedule, and performance of
the project for implementing such system, including, with respect to
such project, the following:
(1) An estimate of acquisition, implementation, and life
cycle costs (including all direct and indirect costs to
acquire, implement, operate, and maintain such system).
(2) An intended implementation schedule indicating
significant milestones, initial operating capability, and full
operating capability or completion.
(3) Key business, functional, or performance objectives.
(4) With respect to both original claims and supplemental
claims processed on a monthly basis, statistics regarding--
(A) the number of such claims processed using legacy
information systems;
(B) the number of such claims that were off-ramped
and processed manually; and
(C) the number of such claims estimated to be
processed using the modern information technology
service.
(5) The amount of savings that are estimated to be realized
from using the modern information technology service rather
than legacy information technology systems.
(6) The estimated accuracy of processing claims.
(7) The estimated timeliness for--
(A) processing original claims; and
(B) processing supplemental claims.
(8) A description of how the modern information technology
service will--
(A) automate the processing of original claims; and
(B) automate the processing of supplemental claims.
(d) Updated Information.--
(1) Annual reports.--On an annual basis during the period in
which the Secretary is implementing the modern information
technology service, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate a report containing updated information
regarding the matters specified in subsection (c). Each such
updated report shall identify any changes to the cost,
schedule, or performance of the project to implement such
system.
(2) Notification.--
(A) Requirement.--Not later than 60 days after the
date on which an action described in subparagraph (B)
occurs, the Secretary shall submit to the Committees on
Veterans' Affairs of the House of Representatives and
the Senate a notification of such action, including a
description of and explanation for such action.
(B) Action described.--An action described in this
subparagraph is, with respect to the project to
implement the modern information technology service,
any of the following:
(i) With respect to the acquisition,
implementation, or life cycle cost of the
project, or an increment therein, a change or
variance that is 10 percent or greater compared
to the amount identified the most recent report
submitted under paragraph (1).
(ii) With respect to the schedule for
achieving a significant milestone, initial
operating capability, or final completion of
the project, a change or variance that is 180
days or greater compared to the schedule
identified the most recent report submitted
under paragraph (1).
(iii) With respect to the performance, an
instance where a key business, functional, or
performance objective is not attained, or is
not anticipated to be attained, in whole or in
part.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal years 2022
through 2024 a total of $250,000,000 to carry out this section.
(f) Definitions.--In this section:
(1) The term ``legacy information technology system'' means
an information technology system used by the Department of
Veterans Affairs to process claims for educational assistance
under chapters 30, 33, 35, and 36 of title 38, United States
Code, before the date on which the Secretary of Veterans
Affairs awards a contract under subsection (a) for the modern
information technology service.
(2) The term ``modern information technology service'' means
the information technology service implemented under subsection
(a) to process claims for educational assistance under chapters
30, 33, 35, and 36 of title 38, United States Code.
SEC. 6. TIME PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 3512 of title 38, United States Code, is
amended--
(1) by redesignating subsection (h) as subsection (f); and
(2) by adding at the end the following new subsection:
``(g) Notwithstanding any other provision of this section, the
following persons may be afforded educational assistance under this
chapter at any time after August 1, 2023, and without regard to the age
of the person:
``(1) A person who first becomes an eligible person on or
after August 1, 2023.
``(2) A person who--
``(A) first becomes an eligible person before August
1, 2023; and
``(B) has not received any payment of educational
assistance under this chapter before such date.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``The educational'' and
inserting ``Except as provided in subsection (g), the
educational'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``subsection
(g) or'' after ``provided in''; and
(B) in paragraph (2), by striking ``Notwithstanding''
and inserting ``Except as provided in subsection (g),
notwithstanding''; and
(3) in subsection (e), by striking ``No person'' and
inserting ``Except as provided in subsection (g), no person''.
SEC. 7. PILOT PROGRAM ON SHORT-TERM FELLOWSHIP PROGRAMS.
(a) Authority.--The Assistant Secretary of Labor for Veterans'
Employment and Training shall carry out a pilot program under which a
State may use a grant or contract under section 4102A(b)(5) of title
38, United States Code, to carry out a short-term fellowship program.
(b) Locations; Agreements.--The Secretary shall select at least
three, but not more than five, States to carry out a short-term
fellowship program pursuant to subsection (a). Each such State shall
enter into an agreement with a non-profit organization to carry out
such program.
(c) Short-term Fellowship Program.--Each short-term fellowship
program carried out by a State pursuant to subsection (a) shall--
(1) consist of veterans participating as fellows with an
employer for a period not exceeding 20 weeks;
(2) provide to such veterans a monthly stipend during such
period; and
(3) provide to such veterans an opportunity to be employed on
a long-term basis with the employer following such period.
(d) Amount of Stipend.--The amount of the stipend provided to a
veteran pursuant to subsection (c)(2) for a month shall be the amount
equal to the amount of the wages earned by the veteran during that
month for participating in the fellowship
(e) Comptroller General Report.--Not later than four years after the
date on which the pilot program commences under this section, the
Comptroller General of the United States shall submit to the Committees
on Veterans' Affairs of the House of Representatives and the Senate a
report on the pilot program.
(f) Definition of State.--In this section, the term ``State'' has the
meaning given such term in section 4101(6) of title 38, United States
Code.
(g) Authorization of Appropriations.--In addition to funds made
available under section 4102A(b)(5) of title 38, United States Code,
there is authorized to be appropriated to the Assistant Secretary to
carry out the pilot program under this section $15,000,000 for each of
fiscal years 2021 through 2025.
Purpose and Summary
H.R. 2167, as introduced, authorizes VA to extend the time
limit for use of educational assistance benefits by reason of
temporary or permanent school closure due to an emergency or
other reason that prevents the individual's continuation of
their chosen program of education. H.R. 2167, as amended,
expands educational benefits in a number of ways, including
expanding the extension of time limits for Montgomery GI Bill,
the Veteran Readiness and Employment program, usage of the
Chapter 35 benefit, expanding in-state tuition benefits to
Chapter 35 recipients, improves to the education information
technology systems at VA, and the creation of a pilot program
at DOL VETS for a short term fellowship program.
Background and Need for Legislation
The COVID-19 pandemic exposed the limit on VA authority to
extend the time for use of its educational assistance programs
amid an emergency. Without the proposed changes in this
legislation, in circumstances that close or suspend an
institution's programs, veterans utilizing the educational
assistance program would potentially be unfairly time penalized
in regards to this benefit during the closure. This change
authorizes VA to ``pause the clock'' as needed when an
institution must close temporarily or permanently due to an
emergency or when an individual is prevented from continuing
their program for other reasons.
Hearings
H.R. 2167, as introduced, was examined at a legislative
hearing by the Subcommittee on Economic Opportunity on April
14, 2021. The following witnesses testified at the hearing: The
Honorable Ruben Gallego,U.S. House of Representatives, 7th
Congressional District of Arizona; The Honorable Tracey Mann,
U.S. House of Representatives, 1st Congressional District of
Kansas; The Honorable Mikie Sherrill, U.S. House of
Representatives, 11th Congressional District of New Jersey; The
Honorable Nancy Mace, U.S. House of Representatives, 1st
Congressional District of South Carolina; The Honorable Madison
Cawthorn, U.S. House of Representatives, 11th Congressional
District of North Carolina; The Honorable Mariannette Miller-
Meeks, U.S. House of Representatives, 2nd Congressional
District of Iowa The Honorable Brad Wenstrup, U.S. House of
Representatives, 2nd Congressional District of Ohio; Ms.
Kaitlynne Hetrick, Associate, Government Affairs, Iraq and
Afghanistan Veterans of America; Mr. Justin Hauschild, Legal
Fellow, Student Veterans of America; Ms. Maureen Elias,
Associate Legislative Director of Government Relations,
Paralyzed Veterans of America; Ms. Ashlynne Haycock, Deputy
Director, Policy and Legislation, Tragedy Assistance Program
for Survivors; Mr. Matthew Doyle, Deputy Director, National
Legislative Service, Veterans of Foreign Wars; Mr. Mike Freuh,
Principal Deputy Under Secretary for Benefits, Veterans
Benefits Administration, U.S. Department of Veterans Affairs;
Mr. James Ruhlman, Deputy Director for Program Management,
Education Service, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Mr. Michael W. Fisher, MSW,
Chief Readjustment Counseling Officer Readjustment Counseling
Service, 10RCS, Veterans Health Administration, U.S. Department
of Veterans Affairs.
Subcommittee Consideration
H.R. 2167, as introduced, was considered before the
Subcommittee on Economic Opportunity on April 14, 2021.
Committee Consideration
On May 4, 2021, the full Committee met in an open session,
a quorum being present, to consider H.R. 2167. The bill was
agreed to by voice vote. The Committee ordered that H.R. 2167,
as amended, be ordered favorably reported to the House of
Representatives.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. Representative Moore offered an Amendment in the
Nature of a Substitute to the bill. Representatives Mace and
Cawthorn offered Amendments to the bill.
Representatives Mace and Cawthorn's amendments were passed
by a voice vote. Representative Moore's Amendment in the Nature
of a Substitute was passed by a voice vote.
A motion to favorably report H.R. 2167, as amended, to the
House of Representatives was offered by Ranking Member Mike
Bost of Illinois and adopted by a voice vote.
Section-by-Section Description
Section 1 is the short title of the legislation.
Section 2 of this legislation provides for the extension of
the time limit of the Montgomery GI Bill by reason of school
closures due to emergency and other situations.
Section 3 of this legislation provides for the extension of
the time limit of the Veteran Readiness and Employment program
by reason of school closures due to emergency and other
situations.
Section 4 of this legislation provides in-state tuition at
public institutions for recipients of Chapter 35 educational
benefits.
Section 5 of this legislation directs the Secretary of
Veterans Affairs to modernize information technology services
for education programs at the agency, and requires the
modernizations to provide expedited claim processing, improved
data exchange, and an improved customer experience for
beneficiaries. This section also includes reporting
requirements and definitions.
Section 6 of this legislation extends the time period
Chapter 35 educational benefits can be used.
Section 7 of this legislation creates a limited pilot
program at the Department of Labor Veterans' Employment and
Training Service. This pilot has states, non-profits, and
employers to partner and create a short-term fellowship program
that provides participating veterans a stipend, and an
opportunity for long-term employment with participating
employers. This section authorizes the program at $15,000,000
from fiscal years 2021 through 2025.
Congressional Budget Office Cost Estimate
The Committee did not receive a formal score on the amended
bill in time for filing.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 2167, as amended is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Earmark Statement
H.R. 2167, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 2167, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
2167, as amended.
Performance Goals
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are to improve the ability of veterans and
beneficiaries to utilize education and employment programs.
Supplemental, Additional, Dissenting, and Minority Views
There are no supplemental, additional, dissenting, and
minority views.
Applicability to Legislative Branch
The Committee finds that H.R. 2167, as amended, does not
relate to the terms and condition of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2167, as amended establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
* * * * * * *
SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT;
GENERAL AND ADMINISTRATIVE PROVISIONS
Sec. 3031. Time limitation for use of eligibility and entitlement
(a) Except as provided in subsections (b) through (g) and
subsection (i), and subject to subsection (h), of this section,
the period during which an individual entitled to educational
assistance under this chapter may use such individual's
entitlement expires at the end of the 10-year period beginning
on the date of such individual's last discharge or release from
active duty, except that such 10-year period shall begin--
(1) in the case of an individual who becomes entitled
to such assistance under clause (A) or (B) of section
3012(a)(1) of this title, on the later of the date of
such individual's last discharge or release from active
duty or the date on which the four-year requirement
described in clause (A)(ii) or (B)(ii), respectively,
of such section 3012(a)(1) is met;
(2) in the case of an individual who becomes entitled
to such assistance under section 3011(a)(1)(B), on the
later of the date of such individual's last discharge
or release from active duty or January 1, 1990; and
(3) in the case of an individual who becomes entitled
to such assistance under section 3011(a)(1)(C) or
3012(a)(1)(C) of this title, on December 27, 2001.
(b) In the case of any eligible individual who has been
prevented, as determined by the Secretary, from pursuing a
program of education under this chapter within the 10-year
period prescribed by subsection (a) of this section because
such individual had not met the nature of discharge requirement
of this chapter before the nature of such individual's
discharge or release was changed by appropriate authority, such
10-year period shall not run during the period of time that
such individual was so prevented from pursuing such program of
education.
(c) In the case of an individual eligible for educational
assistance under the provisions of this chapter who, after such
individual's last discharge or release from active duty, was
detained by a foreign government or power, the 10-year period
described in subsection (a) of this section shall not run (1)
while such individual is so detained, or (2) during any period
immediately following such individual's release from such
detention during which such individual is hospitalized at a
military, civilian, or Department of Veterans Affairs medical
facility.
(d)(1) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing
the individual's chosen program of education before the
expiration of the 10-year period for the use of entitlement
under this chapter otherwise applicable under this section
because of a physical or mental disability which is not the
result of the individual's own willful misconduct, such 10-year
period--
(A) shall not run during the period the individual is
so prevented from pursuing such program; and
(B) shall again begin running on the first day after
the individual's recovery from such disability on which
it is reasonably feasible, as determined under
regulations prescribed by the Secretary, for the
individual to initiate or resume pursuit of a program
of education with educational assistance under this
chapter.
(2)(A) Subject to subparagraph (B), in the case of an
individual eligible for educational assistance under this
chapter who is prevented from pursuing the individual's chosen
program of education before the expiration of the 10-year
period for the use of entitlement under this chapter otherwise
applicable under this section by reason of acting as the
primary provider of personal care services for a veteran or
member of the Armed Forces under section 1720G(a) of this
title, such 10-year period--
(i) shall not run during the period the individual is
so prevented from pursuing such program; and
(ii) shall again begin running on the first day after
the date of the recovery of the veteran or member from
the injury, or the date on which the individual ceases
to be the primary provider of personal care services
for the veteran or member, whichever is earlier, on
which it is reasonably feasible, as so determined, for
the individual to initiate or resume pursuit of a
program of education with educational assistance under
this chapter.
(B) Subparagraph (A) shall not apply with respect to the
period of an individual as a primary provider of personal care
services if the period concludes with the revocation of the
individual's designation as such a primary provider under
section 1720G(a)(7)(D) of this title.
(e)(1) Except as provided in paragraph (2) of this
subsection, in the case of an individual described in section
3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C)
of this title who is entitled to basic educational assistance
under this chapter, the 10-year period prescribed in subsection
(a) of this section shall be reduced by an amount of time equal
to the amount of time that such individual was not serving on
active duty during the period beginning on January 1, 1977, and
ending on June 30, 1985.
(2) In the case of an individual to which paragraph (1) of
this subsection is applicable and who is described in section
3452(a)(1)(B) of this title, the 10-year period prescribed in
subsection (a) of this section shall not be reduced by any
period in 1977 before the individual began serving on active
duty.
(f)(1) If an individual eligible for educational assistance
under this chapter is enrolled under this chapter in an
educational institution regularly operated on the quarter or
semester system and the period of such individual's entitlement
under this chapter would, under section 3013, expire during a
quarter or semester, such period shall be extended to the end
of such quarter or semester.
(2) If an individual eligible for educational assistance
under this chapter is enrolled under this chapter in an
educational institution not regularly operated on the quarter
or semester system and the period of such individual's
entitlement under this chapter would, under section 3013,
expire after a major portion of the course is completed, such
period shall be extended to the end of the course or for 12
weeks, whichever is the lesser period of extension.
(g) In the case of an individual described in section
3011(f)(3) of this title, the period during which that
individual may use the individual's entitlement to educational
assistance allowance expires on the last day of the 10-year
period beginning on the date of the enactment of the Veterans
Millennium Health Care and Benefits Act if that date is later
than the date that would otherwise be applicable to that
individual under this section.
(h) For purposes of subsection (a) of this section, an
individual's last discharge or release from active duty shall
not include any discharge or release from a period of active
duty of less than 90 days of continuous service unless the
individual involved is discharged or released for a service-
connected disability, for a medical condition which preexisted
such service and which the Secretary determines is not service
connected, for hardship, or as a result of a reduction in force
as described in section 3011(a)(1)(A)(ii)(III) of this title.
(i)(1) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing
the individual's chosen program of education before the
expiration of the 10-year period for the use of entitlement
under this chapter otherwise applicable under this section
because of a covered reason, as determined by the Secretary,
such 10-year period--
(A) shall not run during the period the individual is
so prevented from pursuing such program; and
(B) shall again begin running on a date determined by
the Secretary that is--
(i) not earlier than the first day after the
individual is able to resume pursuit of a
program of education with educational
assistance under this chapter; and
(ii) not later than 90 days after that day.
(2) In this subsection, a covered reason is--
(A) the temporary or permanent closure of an
educational institution by reason of an emergency
situation; or
(B) another reason that prevents the individual from
pursuing the individual's chosen program of education,
as determined by the Secretary.
* * * * * * *
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
* * * * * * *
Sec. 3103. Periods of eligibility
(a) Except as provided in subsection (b), (c), (d), (e), [or
(g)] (g), or (h) of this section, a rehabilitation program may
not be afforded to a veteran under this chapter after the end
of the twelve-year period beginning on the date of such
veteran's discharge or release from active military, naval, air
or space service.
(b)(1) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility prescribed in subsection (a) of this section
because a medical condition of such veteran made it infeasible
for such veteran to participate in such a program, the twelve-
year period of eligibility shall not run during the period of
time that such veteran was so prevented from participating in
such a program, and such period of eligibility shall again
begin to run on the first day following such veteran's recovery
from such condition on which it is reasonably feasible, as
determined under regulations which the Secretary shall
prescribe, for such veteran to participate in such a program.
(2) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility prescribed in subsection (a) of this section
because--
(A) such veteran had not met the requirement of a
discharge or release from active military, naval, air
or space service under conditions other than
dishonorable before (i) the nature of such discharge or
release was changed by appropriate authority, or (ii)
the Secretary determined, under regulations prescribed
by the Secretary, that such discharge or release was
under conditions other than dishonorable, or
(B) such veteran's discharge or dismissal was, under
section 5303 of this title, a bar to benefits under
this title before the Secretary made a determination
that such discharge or dismissal is not a bar to such
benefits,
the twelve-year period of eligibility shall not run during the
period of time that such veteran was so prevented from
participating in such a program.
(3) In any case in which the Secretary determines that a
veteran has been prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility prescribed in subsection (a) of this section
because such veteran had not established the existence of a
service-connected disability rated at 10 percent or more, the
twelve-year period of eligibility shall not run during the
period such veteran was so prevented from participating in such
a program.
(c) In any case in which the Secretary determines that a
veteran is in need of services to overcome a serious employment
handicap, such veteran may be afforded a vocational
rehabilitation program after the expiration of the period of
eligibility otherwise applicable to such veteran if the
Secretary also determines, on the basis of such veteran's
current employment handicap and need for such services, that an
extension of the applicable period of eligibility is necessary
for such veteran and--
(1) that such veteran had not previously been
rehabilitated to the point of employability;
(2) that such veteran had previously been
rehabilitated to the point of employability but (A) the
need for such services had arisen out of a worsening of
such veteran's service-connected disability that
precludes such veteran from performing the duties of
the occupation for which such veteran was previously
trained in a vocational rehabilitation program under
this chapter, or (B) the occupation for which such
veteran had been so trained is not suitable in view of
such veteran's current employment handicap and
capabilities; or
(3) under regulations which the Secretary shall
prescribe, that an extension of the period of
eligibility of such veteran is necessary to accomplish
the purposes of a rehabilitation program for such
veteran.
(d) In any case in which the Secretary has determined that a
veteran's disability or disabilities are so severe that the
achievement of a vocational goal currently is not reasonably
feasible, such veteran may be afforded a program of independent
living services and assistance in accordance with the
provisions of section 3120 of this title after the expiration
of the period of eligibility otherwise applicable to such
veteran if the Secretary also determines that an extension of
the period of eligibility of such veteran is necessary for such
veteran to achieve maximum independence in daily living.
(e)(1) The limitation in subsection (a) shall not apply to a
rehabilitation program described in paragraph (2).
(2) A rehabilitation program described in this paragraph is a
rehabilitation program pursued by a veteran under section
3102(b) of this title.
(f) In any case in which the Secretary has determined that a
veteran was prevented from participating in a vocational
rehabilitation program under this chapter within the period of
eligibility otherwise prescribed in this section as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b
of title 10, such period of eligibility shall not run for the
period of such active duty service plus four months.
(g) Subsection (a) shall not apply to a veteran who was
discharged or released from active military, naval, or air
service on or after January 1, 2013.
(h)(1) In the case of a veteran who is eligible for a
vocational rehabilitation program under this chapter and who is
prevented from participating in the vocational rehabilitation
program within the period of eligibility prescribed in
subsection (a) because of a covered reason, as determined by
the Secretary, such period of eligibility--
(A) shall not run during the period the veteran is so
prevented from participating in such program; and
(B) shall again begin running on a date determined by
the Secretary that is--
(i) not earlier than the first day after the
veteran is able to resume participation in a
vocational rehabilitation program under this
chapter; and
(ii) not later than 90 days after that day.
(2) In this subsection, a covered reason is--
(A) the temporary or permanent closure of an
educational institution by reason of an emergency
situation; or
(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program,
as determined by the Secretary.
* * * * * * *
CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
Sec. 3321. Time limitation for use of and eligibility for entitlement
(a) In General.--Except as provided in this section, the
period during which an individual entitled to educational
assistance under this chapter may use such individual's
entitlement--
(1) in the case of an individual whose last discharge
or release from active duty is before January 1, 2013,
expires at the end of the 15-year period beginning on
the date of such discharge or release; or
(2) in the case of an individual whose last discharge
or release from active duty is on or after January 1,
2013, shall not expire.
(b) Exceptions.--
(1) Applicability of section 3031 to running of
period.--(A) Subsections (b), (c), [and (d)] (d), and
(i) of section 3031 shall apply with respect to the
running of the 15-year period described in subsection
(a) of this section in the same manner as such
subsections apply under section 3031 with respect to
the running of the 10-year period described in section
3031(a).
(B) Subsection (i) of section 3031 of this title
shall apply with respect to the running of the 15-year
period described in paragraphs (4)(A) and (5)(A) of
this subsection in the same manner as such subsection
applies under section 3031 with respect to the running
of the 10-year period described in section 3031(a).
(2) Applicability of section 3031 to termination.--
Section 3031(f) shall apply with respect to the
termination of an individual's entitlement to
educational assistance under this chapter in the same
manner as such section applies to the termination of an
individual's entitlement to educational assistance
under chapter 30, except that, in the administration of
such section for purposes of this chapter, the
reference to section 3013 shall be deemed to be a
reference to section 3312 of this title.
(3) Determination of last discharge or release.--For
purposes of subsection (a), an individual's last
discharge or release from active duty shall not include
any discharge or release from a period of active duty
of less than 90 days of continuous service, unless the
individual is discharged or released as described in
section 3311(b)(2).
(4) Applicability to children of deceased members.--
The period during which a child entitled to educational
assistance by reason of section 3311(b)(8) of this
title may use such child's entitlement--
(A) in the case of a child who first becomes
entitled to such entitlement before January 1,
2013, expires at the end of the 15-year period
beginning on the date of such child's
eighteenth birthday; or
(B) in the case of a child who first becomes
entitled to such entitlement on or after
January 1, 2013, shall not expire.
(5) Applicability to spouses of deceased members.--
The period during which a spouse entitled to
educational assistance by reason of section 3311(b)(9)
may use such spouse's entitlement--
(A) in the case of a spouse who first becomes
entitled to such entitlement before January 1,
2013, expires at the end of the 15-year period
beginning on the date on which the spouse first
becomes entitled to such entitlement; or
(B) in the case of a spouse who first becomes
entitled to such entitlement on or after
January 1, 2013, shall not expire.
* * * * * * *
CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT
* * * * * * *
Sec. 3512. Periods of eligibility
(a) [The educational] Except as provided in subsection (g),
the educational assistance to which an eligible person whose
eligibility is based on the death or disability of a parent or
on a parent being listed in one of the categories referred to
in section 3501(a)(1)(C) of this title is entitled under
section 3511 of this title or subchapter V of this chapter may
be afforded the person during the period beginning on the
person's eighteenth birthday, or on the successful completion
of the person's secondary schooling, whichever first occurs,
and ending on the person's twenty-sixth birthday, except that--
(1) if the person is above the age of compulsory
school attendance under applicable State law, and the
Secretary determines that the person's best interests
will be served thereby, such period may begin before
the person's eighteenth birthday;
(2) if the person has a mental or physical handicap,
and the Secretary determines that the person's best
interests will be served by pursuing a program of
special restorative training or a specialized course of
vocational training approved under section 3536 of this
title, such period may begin before the person's
eighteenth birthday, but not before the person's
fourteenth birthday;
(3) if the Secretary first finds that the parent from
whom eligibility is derived has a service-connected
total disability permanent in nature, or if the death
of the parent from whom eligibility is derived occurs,
after the eligible person's eighteenth birthday but
before the person's twenty-sixth birthday, then (unless
paragraph (4) or (5) applies) such period shall end 8
years after the date that is elected by that person to
be the beginning date of entitlement under section 3511
of this title or subchapter V of this chapter if--
(A) the Secretary approves that beginning
date;
(B) the eligible person elects that beginning
date by not later than the end of the 60-day
period beginning on the date on which the
Secretary provides written notice to that
person of that person's opportunity to make
such election, such notice including a
statement of the deadline for the election
imposed under this subparagraph; and
(C) that beginning date--
(i) in the case of a person whose
eligibility is based on a parent who
has a service-connected total
disability permanent in nature, is the
date determined pursuant to subsection
(d), or any date between the two dates
described in subsection (d); and
(ii) in the case of a person whose
eligibility is based on the death of a
parent, is between--
(I) the date of the parent's
death; and
(II) the date of the
Secretary's decision that the
death was service-connected;
(4) if the person otherwise eligible under paragraph
(3) fails to elect a beginning date of entitlement in
accordance with that paragraph, the beginning date of
the person's entitlement shall be the date of the
Secretary's decision that the parent has a service-
connected total disability permanent in nature, or that
the parent's death was service-connected, whichever is
applicable;
(5) if the person serves on duty with the Armed
Forces as an eligible person after the person's
eighteenth birthday but before the person's twenty-
sixth birthday, then such period shall end 8 years
after the person's first discharge or release from such
duty with the Armed Forces (excluding from such 8 years
all periods during which the eligible person served on
active duty before August 1, 1962, pursuant to (A) a
call or order thereto issued to the person as a Reserve
after July 30, 1961, or (B) an extension of enlistment,
appointment, or period of duty with the Armed Forces
pursuant to section 2 of Public Law 87-117); however,
in no event shall such period be extended beyond the
person's thirty-first birthday by reason of this
paragraph;
(6) if the person becomes eligible by reason of a
parent being listed in one of the categories referred
to in section 3501(a)(1)(C) of this title after the
person's eighteenth birthday but before the person's
twenty-sixth birthday, then (unless paragraph (5)
applies) such period shall end eight years after the
date on which the person becomes eligible by reason of
such provisions, but in no event shall such period be
extended beyond the person's thirty-first birthday by
reason of this paragraph;
(7)(A) if such person is enrolled in an educational
institution regularly operated on the quarter or
semester system and such period ends during a quarter
or semester, such period shall be extended to the end
of the quarter or semester; or
(B) if such person is enrolled in an educational
institution operated on other than a quarter or
semester system and such period ends after a major
portion of the course is completed, such period shall
be extended to the end of the course, or until 12 weeks
have expired, whichever first occurs; and
(8) if the person is pursuing a preparatory course
described in section 3002(3)(B) of this title, such
period may begin on the date that is the first day of
such course pursuit, notwithstanding that such date may
be before the person's eighteenth birthday, except that
in no case may such person be afforded educational
assistance under this chapter for pursuit of secondary
schooling unless such course pursuit would otherwise be
authorized under this subsection.
(b)(1)(A) Except as provided in subsection (g) or
subparagraph (B), (C), or (D), a person made eligible by
subparagraph (B) or (D) of section 3501(a)(1) of this title or
a person made eligible by the disability of a spouse under
section 3501(a)(1)(E) of this title may be afforded educational
assistance under this chapter during the 10-year period
beginning on the date (as determined by the Secretary) the
person becomes an eligible person within the meaning of section
3501(a)(1)(B), 3501(a)(1)(D)(i), 3501(a)(1)(D)(ii), or
3501(a)(1)(E) of this title. In the case of a surviving spouse
made eligible by clause (ii) of section 3501(a)(1)(D) of this
title, the 10-year period may not be reduced by any earlier
period during which the person was eligible for educational
assistance under this chapter as a spouse made eligible by
clause (i) of that section.
(B) Notwithstanding subparagraph (A), an eligible person
referred to in that subparagraph may, subject to the
Secretary's approval, elect a later beginning date for the 10-
year period than would otherwise be applicable to the person
under that subparagraph. The beginning date so elected may be
any date between the beginning date determined for the person
under subparagraph (A) and whichever of the following dates
applies:
(i) The date on which the Secretary notifies the
veteran from whom eligibility is derived that the
veteran has a service-connected total disability
permanent in nature.
(ii) The date on which the Secretary determines that
the veteran from whom eligibility is derived died of a
service-connected disability.
(iii) The date on which the Secretary notifies the
member of the Armed Forces from whom eligibility is
derived that the member has a total disability
permanent in nature incurred or aggravated in the line
of duty in the active military, naval, air or space
service.
(C) Notwithstanding subparagraph (A), an eligible person
referred to in that subparagraph who is made eligible under
section 3501(a)(1)(B) of this title by reason of the death of a
person on active duty may be afforded educational assistance
under this chapter during the 20-year period beginning on the
date (as determined by the Secretary) such person becomes an
eligible person within the meaning of such section.
(D) Notwithstanding subparagraph (A), an eligible person
referred to in that subparagraph who is made eligible under
section 3501(a)(1)(D)(i) of this title by reason of a service-
connected disability that was determined to be a total
disability permanent in nature not later than three years after
discharge from service may be afforded educational assistance
under this chapter during the 20-year period beginning on the
date the disability was so determined to be a total disability
permanent in nature, but only if the eligible person remains
the spouse of the disabled person throughout the period.
(2) [Notwithstanding] Except as provided in subsection (g),
notwithstanding the provisions of paragraph (1) of this
subsection, in the case of any eligible person (as defined in
section 3501(a)(1)(B), (C), (D), or (E) of this title) whose
eligibility is based on the death or disability of a spouse or
on a spouse being listed in one of the categories referred to
in section 3501(a)(1)(C) of this title who was prevented from
initiating or completing such person's chosen program of
education within such period because of a physical or mental
disability which was not the result of such person's own
willful misconduct, such person shall, upon application made
within one year after (A) the last date of the delimiting
period otherwise applicable under this section, (B) the
termination of the period of mental or physical disability, or
(C) October 1, 1980, whichever is the latest, be granted an
extension of the applicable delimiting period for such length
of time as the Secretary determines, from the evidence, that
such person was so prevented from initiating or completing such
program of education. When an extension of the applicable
delimiting period is granted under the exception in the
preceding sentence, the delimiting period will again begin
running on the first day following such eligible person's
recovery from such disability on which it is reasonably
feasible, as determined in accordance with regulations which
the Secretary shall prescribe, for such eligible person to
initiate or resume pursuit of a program of education with
educational assistance under this chapter.
(c)(1) Notwithstanding subsection (a) and subject to
paragraph (2), an eligible person may be afforded educational
assistance beyond the age limitation applicable to the person
under such subsection if--
(A) the person suspends pursuit of such person's
program of education after having enrolled in such
program within the time period applicable to such
person under such subsection;
(B) the person is unable to complete such program
after the period of suspension and before attaining the
age limitation applicable to the person under such
subsection; and
(C) the Secretary finds that the suspension was due
to either of the following:
(i) The actions of the person as the primary
provider of personal care services for a
veteran or member of the Armed Forces under
section 1720G(a) of this title.
(ii) Conditions otherwise beyond the control
of the person.
(2) Paragraph (1) shall not apply with respect to the period
of an individual as a primary provider of personal care
services if the period concludes with the revocation of the
individual's designation as such a primary provider under
section 1720G(a)(7)(D) of this title.
(3) Educational assistance may not be afforded a person under
paragraph (1) after the earlier of--
(A) the age limitation applicable to the person under
subsection (a), plus a period of time equal to the
period the person was required to suspend pursuit of
the person's program of education as described in
paragraph (1); or
(B) the date of the person's thirty-first birthday.
(d) The term ``first finds'' as used in this section means
the effective date of the rating or date of notification to the
person from whom eligibility is derived establishing a service-
connected total disability permanent in nature whichever is
more advantageous to the eligible person.
(e) [No person] Except as provided in subsection (g), no
person made eligible by section 3501(a)(1)(C) of this title
based on a spouse being listed in one of the categories
referred to in section 3501(a)(1)(C) of this title may be
afforded educational assistance under this chapter beyond 10
years after the date on which the spouse was so listed.
[(h)] (f) Notwithstanding any other provision of this
section, if an eligible person, during the delimiting period
otherwise applicable to such person under this section, serves
on active duty pursuant to an order to active duty issued under
section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of
title 10, or is involuntarily ordered to full-time National
Guard duty under section 502(f) of title 32, such person shall
be granted an extension of such delimiting period for the
length of time equal to the period of such active duty plus
four months.
(g) Notwithstanding any other provision of this section, the
following persons may be afforded educational assistance under
this chapter at any time after August 1, 2023, and without
regard to the age of the person:
(1) A person who first becomes an eligible person on
or after August 1, 2023.
(2) A person who--
(A) first becomes an eligible person before
August 1, 2023; and
(B) has not received any payment of
educational assistance under this chapter
before such date.
* * * * * * *
CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
* * * * * * *
SUBCHAPTER I--STATE APPROVING AGENCIES
* * * * * * *
Sec. 3679. Disapproval of courses
(a)(1) Except as provided by paragraph (2), any course
approved for the purposes of this chapter which fails to meet
any of the requirements of this chapter shall be immediately
disapproved by the Secretary or the appropriate State approving
agency. An educational institution which has its courses
disapproved by the Secretary or a State approving agency will
be notified of such disapproval by a certified or registered
letter of notification and a return receipt secured.
(2) In the case of a course of education that would be
subject to disapproval under paragraph (1) solely for the
reason that the Secretary of Education withdraws the
recognition of the accrediting agency that accredited the
course, the Secretary of Veterans Affairs, in consultation with
the Secretary of Education, and notwithstanding the withdrawal,
may continue to treat the course as an approved course of
education under this chapter for a period not to exceed 18
months from the date of the withdrawal of recognition of the
accrediting agency, unless the Secretary of Veterans Affairs or
the appropriate State approving agency determines that there is
evidence to support the disapproval of the course under this
chapter. The Secretary shall provide to any veteran enrolled in
such a course of education notice of the status of the course
of education.
(b) Each State approving agency shall notify the Secretary of
each course which it has disapproved under this section. The
Secretary shall notify the State approving agency of the
Secretary's disapproval of any educational institution under
chapter 31 of this title.
(c)(1) Notwithstanding any other provision of this chapter
and subject to paragraphs (3) through (6), the Secretary shall
disapprove a course of education provided by a public
institution of higher learning if the institution charges
tuition and fees for that course for covered individuals who
are pursuing the course with educational assistance under
chapter 30, 31, [or 33] 33, or 35 of this title while living in
the State in which the institution is located at a rate that is
higher than the rate the institution charges for tuition and
fees for that course for residents of the State in which the
institution is located, regardless of the covered individual's
State of residence.
(2) For purposes of this subsection, a covered individual is
any individual as follows:
(A) A veteran who was discharged or released from a
period of not fewer than 90 days of service in the
active military, naval, air or space service less than
three years before the date of enrollment in the course
concerned.
(B) An individual who is entitled to assistance
under--
(i) section 3311(b)(8) of this title; or
(ii) section 3319 of this title by virtue of
the individual's relationship to--
(I) a veteran described in
subparagraph (A); or
(II) a member of the uniformed
services described in section 3319(b)
of this title who is serving on active
duty.
(C) An individual who is entitled to rehabilitation
under section 3102(a) of this title.
(D) An individual who is entitled to assistance under
section 3510 of this title.
(3) If after enrollment in a course of education that is
subject to disapproval under paragraph (1) by reason of
paragraph (2)(A), (2)(B), or (2)(C) a covered individual
pursues one or more courses of education at the same public
institution of higher learning while remaining continuously
enrolled (other than during regularly scheduled breaks between
courses, semesters or terms) at that institution of higher
learning, any course so pursued by the covered individual at
that institution of higher learning while so continuously
enrolled shall also be subject to disapproval under paragraph
(1).
(4) It shall not be grounds to disapprove a course of
education under paragraph (1) if a public institution of higher
learning requires a covered individual pursuing a course of
education at the institution to demonstrate an intent, by means
other than satisfying a physical presence requirement, to
establish residency in the State in which the institution is
located, or to satisfy other requirements not relating to the
establishment of residency, in order to be charged tuition and
fees for that course at a rate that is equal to or less than
the rate the institution charges for tuition and fees for that
course for residents of the State.
(5) The Secretary may waive such requirements of paragraph
(1) as the Secretary considers appropriate.
(6) Disapproval under paragraph (1) shall apply only with
respect to educational assistance under chapters 30, 31, [and
33] 33, and 35 of this title.
(d) Notwithstanding any other provision of this chapter, the
Secretary or the applicable State approving agency shall
disapprove a course of education described in paragraph (14) or
(15) of section 3676(c) of this title unless the educational
institution providing the course of education--
(1) publicly discloses any conditions or additional
requirements, including training, experience, or
examinations, required to obtain the license,
certification, or approval for which the course of
education is designed to provide preparation; and
(2) makes each disclosure required by paragraph (1)
in a manner that the Secretary considers prominent (as
specified by the Secretary in regulations prescribed
for purposes of this subsection).
(e)(1) Notwithstanding any other provision of this chapter,
beginning on August 1, 2019, a State approving agency, or the
Secretary when acting in the role of the State approving
agency, shall disapprove a course of education provided by an
educational institution that has in effect a policy that is
inconsistent with any of the following:
(A) A policy that permits any covered individual to
attend or participate in the course of education during
the period beginning on the date on which the
individual provides to the educational institution a
certificate of eligibility for entitlement to
educational assistance under chapter 31 [or 33], 33, or
35 of this title and ending on the earlier of the
following dates:
(i) The date on which the Secretary provides
payment for such course of education to such
institution.
(ii) The date that is 90 days after the date
on which the educational institution certifies
for tuition and fees following receipt from the
student such certificate of eligibility.
(B) A policy that ensures that the educational
institution will not impose any penalty, including the
assessment of late fees, the denial of access to
classes, libraries, or other institutional facilities,
or the requirement that a covered individual borrow
additional funds, on any covered individual because of
the individual's inability to meet his or her financial
obligations to the institution due to the delayed
disbursement of a payment to be provided by the
Secretary under chapter 31 [or 33] 33, or 35 of this
title.
(2) For purposes of this subsection, a covered individual is
any individual who is entitled to educational assistance under
chapter 31 [or 33] 33, or 35 of this title.
(3) The Secretary may waive such requirements of paragraph
(1) as the Secretary considers appropriate.
(4) It shall not be inconsistent with a policy described in
paragraph (1) for an educational institution to require a
covered individual to take the following additional actions:
(A) Submit a certificate of eligibility for
entitlement to educational assistance not later than
the first day of a course of education for which the
individual has indicated the individual wishes to use
the individual's entitlement to educational assistance.
(B) Submit a written request to use such entitlement.
(C) Provide additional information necessary to the
proper certification of enrollment by the educational
institution.
* * * * * * *
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