US Codex
Bill
Notes

To amend title 38, United States Code, to require the Secretary of Veterans Affairs, in cases of overpayments of educational assistance under Post-9/11 Educational Assistance, to deduct amounts for repayment from the last months of educational assistance entitlement, and for other purposes.

S. 930 · 113th Congress · May 13, 2013 · Lineage

A BILL

Section 1 Delayed repayment of overpayments made under Post-9/11 Educational Assistance

(a)
In general— Section 5314 of title 38, United States Code, is amended—
(1)
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(2)
in subsection (a), by striking “to subsections (b) and (d)” and inserting “to subsections (b), (c), and (e)”; and
(3)
by inserting after subsection (b) the following new subsection (c):

“(c)

“(1) Subject to paragraph (2), in the case of a deduction under subsection (a) with respect to an overpayment made by the Secretary to a person under chapter 33 of this title, the Secretary shall, to the degree practicable, make such deduction from the last payment or payments (as necessary) to which such person is entitled under such chapter.

“(2) Paragraph (1) shall no longer apply to, and amounts shall be deducted as otherwise provided in this section with respect to, a person described in such paragraph who, after the overpayment described in such paragraph—

“(A) completes the program of education with respect to which the overpayment was made; or

“(B) fails, during the next two academic semesters beginning after such overpayment, to attend classes in a manner consistent with normal pursuit of a program of education.

“(3) The Secretary may charge an individual described in paragraph (1) such amount of interest on the amount of indebtedness as is necessary so that the delayed repayment is actuarially equivalent to immediate repayment.

“(4) This subsection shall expire on the date that is nine years after the date of the enactment of this subsection.”

(b)
Applicability— Subsection (c) of section 5314 of such title, as added by subsection (a), shall apply with respect to overpayments made on or after the date of the enactment of this Act.