S.Amdt. 2013

SA 2013. Mr. BLUMENTHAL submitted an amendment intended to be
proposed to amendment SA 1463 proposed by Mr. McCain to the bill H.R.
1735, to authorize appropriations for fiscal year 2016 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1085. ASSISTANCE FOR INDIVIDUALS WHO USED POST-9/11
EDUCATIONAL ASSISTANCE TO PURSUE A PROGRAM OF
EDUCATION AT AN INSTITUTION OF HIGHER LEARNING
THAT CLOSED WHILE PURSUING THE PROGRAM.

(a) Assistance.--
(1) In general.--Subchapter II of chapter 33 of title 38,
United States Code, is amended by inserting after section
3318 the following new section:

``Sec. 3318A. Assistance for individuals who pursue programs
of education at institutions of higher learning that
unexpectedly close

``(a) Covered Individuals.--(1) For purposes of this
section, a covered individual is any individual who--
``(A)(i) pursued a program of education at an institution
of higher learning with educational assistance under this
chapter and stopped pursuing such program of education

[[Page S4115]]

because the institution of higher learning closed before such
individual could complete such program of education or
because the individual anticipated that such institution of
higher learning would close and withdrew from such program
not more than 120 days before the date on which such
institution of higher learning actually closed; and
``(ii) did not complete such program of education pursuant
to a teach-out plan (as defined in section 487(f)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1094(f)(2))); or
``(B) pursued a program of education with educational
assistance under this chapter at an institution of higher
learning that the Secretary determines caused such harm to
the individual as the Secretary determines equity requires
that the individual receive relief under this section.
``(2) For purposes of this subsection and in the case of
the closing of an institution of higher learning, the
Secretary may increase the 120-day period specified in
paragraph (1)(A)(i) if the Secretary determines that
exceptional circumstances regarding such closing justify the
increase.
``(b) Restoration of Entitlement to Educational
Assistance.--The Secretary shall restore to each covered
individual who used educational assistance under this chapter
to pursue a program of education at an institution of higher
learning--
``(1) as described in subparagraph (A) of subsection (a)(1)
such individual's entitlement to educational assistance under
this chapter in an amount equal to one month for each month
of educational assistance used by the individual to pursue
such program of education at such institution of higher
learning; and
``(2) as described in subparagraph (B) of such subsection
such individual's entitlement to educational assistance under
this chapter in such amount as the Secretary determines
equity requires.
``(c) Restoration of Entitlement to Tutorial Assistance.--
In the case of a covered individual described in subsection
(a)(1) who received benefits under section 3314 of this title
to correct a deficiency of the covered individual in a course
that was part of the program of education pursued by the
covered individual as described in such subsection, the
Secretary shall--
``(1) in a case described in subparagraph (A) of such
subsection, restore to such covered individual such covered
individual's entitlement to benefits under such section in an
amount equal to the amount paid under such section for such
correction; and
``(2) in a case described in subparagraph (B) of such
subsection, restore to such covered individual such amount of
such covered individual's entitlement to benefits under such
section as the Secretary determines equity requires.
``(d) Continued Payment of Monthly Housing Stipends.--(1)
Subject to paragraph (2), in the case of a covered individual
described in subsection (a)(1) who in the case described in
subparagraph (A) of such subsection was receiving a monthly
housing stipend under this chapter while pursuing the program
of education at the institution of higher learning that
closed or who in a case described in subparagraph (B) of such
subsection in which the covered individual was receiving a
monthly housing stipend under this chapter while pursuing the
program of education and stopped pursuing the program of
education because of the harm caused by the institution of
higher learning, the Secretary shall continue to pay to such
covered individual such monthly housing stipend for the first
month beginning after the covered individual stopped pursuing
such program of education and for each month thereafter until
the covered individual begins pursuing a program of education
at a new institution of higher learning with educational
assistance under this chapter.
``(2) No individual may receive more than three months of
monthly stipend under this subsection.
``(e) National Tests.--In the case of a covered individual
who pursued a program of education at an institution of
higher education as described in subsection (a)(1) and
received educational assistance under section 3315A of this
title for a national test for admission to such program of
education or institution of higher learning or for course
credit at such institution of higher learning, the Secretary
shall restore to such covered individual the months of
entitlement charged such covered individual pursuant to
subsection (c) of such section for such educational
assistance.
``(f) Relocation and Travel Assistance.--A payment under
section 3318 of this title for pursuit of a program of
education at an institution of higher learning as described
in subsection (a)(1) of this section shall not be considered
a payment of additional assistance under section 3318 of this
title for purposes of subsection (d) of such section.
``(g) Recovery.--In a case of a covered individual who
pursued a program of education at an institution of higher
learning as described in subsection (a)(1), the Secretary
shall seek to recover from the institution of higher learning
the value of--
``(1) the entitlement to educational assistance restored to
the covered individual under subsections (b) and (e), if any;
``(2) the entitlement to tutorial assistance restored to
the covered individual under subsection (c), if any;
``(3) the amount of monthly housing stipend paid to the
covered individual under subsection (d)(1), if any; and
``(4) the additional assistance provided to the covered
individual under section 3318 of this title for such pursuit,
if any.
``(h) Institution of Higher Learning Defined.--In this
section, the term `institution of higher learning' has the
meaning given that term in section 3452 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 33 of such title is amended by inserting
after the item relating to section 3318 the following new
item:

``3318A. Assistance for individuals who pursue programs of education at
institutions of higher learning that unexpectedly
close.''.

(b) Construction.--Nothing in section 3318A of such title,
as added by subsection (a)(1), or any other provision of law,
shall be construed to prohibit the Secretary of Veterans
Affairs from restoring entitlement or continuing payment
under such section before promulgating regulations to carry
out such section.
(c) Retroactive Effective Date.--Section 3318A of such
title, as added by subsection (a), shall apply as if it were
enacted on the date of the enactment of the Post-9/11
Veterans Educational Assistance Act of 2008 (Public Law 110-
252).
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