US Codex
Pub. L.
Notes

Title I — Education

115th Congress · Approved Dec 31, 2018 · 132 Stat. 5368 · Lineage

TITLE I Education

SEC. 101. Inclusion of Certain Additional Periods of Active Duty Service for Purposes of Suspension of Charges to Entitlement During Periods of Suspended Participation in Department of Veterans Affairs Vocational Rehabilitation Programs.

Section 3105(e)(2) of title 38, United States Code, is amended by striking “ or 12304” and inserting “ 12304, 12304a, or 12304b”.

SEC. 102. Provision of Monthly Housing Stipend Information under Post-9/11 Educational Assistance Program.

Section 3313 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(k) Provision of Housing Stipend Payment Information.—

“(1) In general.—The Secretary shall furnish to individuals receiving educational assistance under this chapter documentation that verifies the amount of the monthly housing stipend the individual receives under this section.

“(2) Manner.—The Secretary shall make such documentation available to the individual using an internet website in the same manner the Secretary provides documentation verifying compensation and other benefits furnished by the Secretary to individuals.”

SEC. 103. Disapproval for Purposes of Educational Assistance Programs of Department of Veterans Affairs of Certain Courses of Education That Do Not Permit Individuals to Attend or Participate in Courses Pending Payment.

(a)
In General.— Section 3679 of title 38, United States Code, is amended by adding at the end the following new 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 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 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 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.”

(b)
Prompt Payments.—
(1)
In general.— The Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that the Secretary makes a payment to an educational institution on behalf of an individual, who is entitled to educational assistance under chapter 31 or 33 of title 38, United States Code, and who is using such assistance to pursue a program of education at the educational institution, not later than 60 days after the date on which the educational institution certifies to the Secretary the applicable tuition and fees for the individual.
(2)
Semiannual reports.— Not later than May 1 and October 1 of each year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a semiannual report summarizing any cases in which the Secretary failed to make a payment described in paragraph (1) within the period set forth in such paragraph and an explanation for each delayed disbursement of payment.
(c)
Rule of Construction.— In a case in which an individual is unable to meet a financial obligation to an educational institution due to the delayed disbursement of a payment to be provided by the Secretary under chapter 31 or 33 of such title and the amount of such disbursement is less than anticipated, nothing in section 3679(e) of such title, as added by subsection (a), shall be construed to prohibit an educational institution from requiring additional payment or imposing a fee for the amount that is the difference between the amount of the financial obligation and the amount of the disbursement.

SEC. 104. Provision of Information on Required Additional Actions to Allow Individuals to Stay Enrolled in Courses of Education Pending Receipt of Educational Assistance from Department of Veterans Affairs.

Section 3698(c)(1)(C) of title 38, United States Code, is amended—
(1)
in clause (x), by striking “ ; and” and inserting a semicolon;
(2)
in clause (xi), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following new clause:

“(xii) information on whether the institution requires a covered individual to take additional action pursuant to section 3679(e)(4) of this title to stay enrolled in a course pending receipt of educational assistance under a law administered by the Secretary.”

SEC. 105. Calculation of Monthly Housing Stipend under High Technology Pilot Program Based on Location of Campus Where Veteran Attends Classes.

Section 116(d)(1) of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48, 38 U.S.C. 3001 (note)), is amended—
(1)
in subparagraph (A), by striking “ the institution at which the individual is enrolled” and inserting “ the campus of the institution where the individual physically participates in a majority of classes”; and
(2)
in subparagraph (B), by striking “ the amount payable” and all that follows through “ subparagraph (A)” and inserting “ the national average of the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E–5”.

SEC. 106. Clarification Regarding Applicability of Authority to Use Educational Assistance to Pursue Independent Study Programs at Certain Educational Institutions That Are Not Institutions of Higher Learning.

The section heading for section 302 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 131 Stat. 990) is amended to read as follows (and the table of contents for such Act is conformed accordingly):

“SEC. 302. AUTHORIZATION FOR USE OF EDUCATIONAL ASSISTANCE UNDER ANY OF THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS TO PURSUE INDEPENDENT STUDY PROGRAMS AT CERTAIN EDUCATIONAL INSTITUTIONS THAT ARE NOT INSTITUTIONS OF HIGHER LEARNING.”