S.Amdt. 5614Senate110th Congress (2007-2009)

To strike section 311, relating to relief for students who discontinue education because of military service, and to provide a temporary increase in the number of authorized judges of the United States Court of Appeals for Veterans Claims.

What it does: 3 changes: strikes a provision, rewrites a provision, inserts text
Submitted September 16, 2008

What it changes

3 changes to S. 3023 · 2 shown in the bill's text

Strikes a provisionRewrites a provisionInserts text
  1. Change 1: Strikes section 311

    Strikes

    In S. 3023 · Reported to Senate

    Struck: SEC. 311. RELIEF FOR STUDENTS WHO DISCONTINUE EDUCATION BECAUSE OF MILITARY SERVICE.

    Struck: (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended by adding at the end the following new section:

    Struck: "SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE.

    Struck: "(a) Tuition and Reenrollment.--In the case of a servicemember who because of military service discontinues a program of education at a covered institution of higher education that administers a Federal financial aid program, such institution of higher education shall--

    Show 12 more struck paragraphs

    Struck: "(1) refund to such servicemember the tuition and fees paid by such servicemember from personal funds, or from a loan, for the portion of the program of education for which such servicemember did not receive academic credit because of such military service; and

    Struck: "(2) provide such servicemember an opportunity to reenroll in such program of education with the same educational and academic status such servicemember had when such servicemember discontinued such program of education because of such military service.

    Struck: "(b) Interest Rate Limitation on Student Loans.--

    Struck: "(1) In general.--Except as provided in paragraph (2) of this subsection, a student loan shall be considered an obligation or liability for the purposes of section 207.

    Struck: "(2) Exception.--Subsection (c) of section 207 shall not apply to a student loan.

    Struck: "(c) Definitions.--In this section:

    Struck: "(1) The term 'covered institution of higher education' means a 2-year or 4-year institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) that participates in a loan program under title IV of that Act (20 U.S.C. 1070 et seq.).

    Struck: "(2) The term 'Federal financial aid program' means a program providing loans made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.).

    Struck: "(3) The term 'student loan' means any loan, whether Federal, State, or private, to assist an individual to attend an institution of higher education, including a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.).".

    Struck: (b) Clerical Amendment.--The table of contents in section (1)(b) of such Act is amended by adding at the end the following new item:

    Struck: "Sec. 707. Tuition, reenrollment, and student loan relief for postsecondary students called to military service.".

    Struck: (c) Effective Date.--The amendments made by this section shall take effect for periods of military service beginning after the date of the enactment of this section.

    Original wording

    Strike section 311.

  2. Change 2: Rewrites section 401

    Replaces

    In S. 3023 · Reported to Senate

    SEC. 401. [inserted: TEMPORARY ]INCREASE IN NUMBER OF [struck: ACTIVE][inserted: AUTHORIZED] JUDGES [struck: ON][inserted: OF] THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

    Struck: Section 7253(a) is amended by striking "seven judges" and inserting "nine judges".

    Inserted: Section 7253 is amended by adding at the end the following new subsection:

    Inserted: "(i) Additional Temporary Expansion of Court.--(1) Subject to paragraph (2), effective as of December 31, 2009, the authorized number of judges of the Court specified in subsection (a) is increased by two.

    Inserted: "(2) Effective as of January 1, 2013, an appointment may not be made to the Court if the appointment would result in there being more judges of the Court than the authorized number of judges of the Court specified in subsection (a).".

    Original wording

    Strike section 401 and insert the following:

  3. Change 3: Inserts new text on page 47, between lines 20 and 21

    Inserted: (15) An assessment of the workload of each judge of the Court, including consideration of the following:

    Inserted: (A) The time required of each judge for disposition of each type of case.

    Inserted: (B) The number of cases reviewed by the Court.

    Inserted: (C) The average workload of other Federal judges

    Original wording

    On page 47, between lines 20 and 21, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5614. Mr. LEVIN (for Mr. Akaka) proposed an amendment to the bill S. 3023, to amend title 38, United States Code, to improve and enhance compensation and pension, housing, labor and education, and insurance benefits for veterans, and for other purposes; as follows:

Strike section 311.

Strike section 401 and insert the following:

SEC. 401. TEMPORARY INCREASE IN NUMBER OF AUTHORIZED JUDGES OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

Section 7253 is amended by adding at the end the following new subsection:

“(i) Additional Temporary Expansion of Court.--(1) Subject to paragraph (2), effective as of December 31, 2009, the authorized number of judges of the Court specified in subsection (a) is increased by two.

“(2) Effective as of January 1, 2013, an appointment may not be made to the Court if the appointment would result in there being more judges of the Court than the authorized number of judges of the Court specified in subsection (a).”.

On page 47, between lines 20 and 21, insert the following:

“(15) An assessment of the workload of each judge of the Court, including consideration of the following:

“(A) The time required of each judge for disposition of each type of case.

“(B) The number of cases reviewed by the Court.

“(C) The average workload of other Federal judges”.

Legislative Activity

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Senate amendment submitted

September 16, 2008

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Floor

Senate amendment submitted

September 16, 2008

Floor

Senate amendment proposed (on the floor): Amendment SA 5614 proposed by Senator Levin for Senator Akaka.(consideration: CR S8883; text: CR S8883)

September 16, 2008

Floor

Senate amendment agreed to: Amendment SA 5614 agreed to in Senate by Unanimous Consent.

September 16, 2008

Floor

Amendment SA 5614 proposed by Senator Levin for Senator Akaka. (consideration: CR S8883; text: CR S8883) To strike section 311, relating to relief for students who discontinue education because of military service, and to provide a temporary increase in the number of authorized judges of the United States Court of Appeals for Veterans Claims.

September 16, 2008

Floor

Amendment SA 5614 agreed to in Senate by Unanimous Consent.

September 16, 2008