I
111th CONGRESS
1st Session
H. R. 228
IN THE HOUSE OF REPRESENTATIVES
January 7, 2009
Ms. Jackson-Lee of Texas introduced the following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To direct the Secretary of Veterans Affairs to establish a scholarship program for students seeking a degree or certificate in the areas of visual impairment and orientation and mobility.
Visual impairment and orientation and mobility professionals education assistance program
Establishment of program
Part V of title 38, United States Code, is amended by adding at the end the following new chapter:
Visual Impairment and Orientation and Mobility Professionals Education Assistance Program
Sec.
8001. Establishment of scholarship program; purpose.
8002. Application and acceptance.
8003. Amount of assistance; duration.
8004. Agreement.
8005. Repayment for failure to satisfy requirements of agreement.
Establishment of scholarship program; purpose
Establishment
Subject to the availability of appropriations, the Secretary shall establish and carry out a scholarship program to provide financial assistance in accordance with this chapter to an individual—
who is accepted for enrollment or currently enrolled in a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or a dual degree or certification in both such areas, at an accredited (as determined by the Secretary) educational institution that is in a State; and
who enters into an agreement with the Secretary as described in section 8004 of this chapter.
Purpose
The purpose of the scholarship program established under this chapter is to increase the supply of qualified blind rehabilitation specialists for the Department and the Nation.
Outreach
The Secretary shall publicize the scholarship program established under this chapter to educational institutions throughout the United States, with an emphasis on disseminating information to such institutions with high numbers of Hispanic students and to Historically Black Colleges and Universities.
Application and acceptance
Application
To apply and participate in the scholarship program under this chapter, an individual shall submit to the Secretary an application for such participation together with an agreement described in section 8004 of this chapter under which the participant agrees to serve a period of obligated service in the Department as provided in the agreement in return for payment of educational assistance as provided in the agreement.
In distributing application forms and agreement forms to individuals desiring to participate in the scholarship program, the Secretary shall include with such forms the following:
A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Secretary.
A full description of the terms and conditions that apply to participation in the scholarship program and service in the Department.
Approval
Upon the Secretary’s approval of an individual’s participation in the scholarship program, the Secretary shall, in writing, promptly notify the individual of that acceptance.
An individual becomes a participant in the scholarship program upon such approval by the Secretary.
Amount of assistance; duration
Amount of assistance
The amount of the financial assistance provided for an individual under this chapter shall be the amount determined by the Secretary as being necessary to pay the tuition and fees of the individual. In the case of an individual enrolled in a program of study leading to a dual degree or certification in both the areas of study described in section 8001(a)(1) of this chapter, the tuition and fees shall not exceed the amounts necessary for the minimum number of credit hours to achieve such dual certification or degree.
Relationship to other assistance
Financial assistance may be provided to an individual under this chapter to supplement other educational assistance to the extent that the total amount of educational assistance received by the individual during an academic year does not exceed the total tuition and fees for such academic year.
Maximum amount of assistance
In no case may the total amount of assistance provided under this chapter for an academic year to an individual who is a full-time student exceed $15,000.
In the case of an individual who is a part-time student, the total amount of assistance provided under this chapter shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the program of study being pursued by the individual as the coursework carried by the individual to full-time coursework in that program of study.
In no case may the total amount of assistance provided to an individual under this chapter exceed $45,000.
Maximum duration of assistance
The Secretary may provide financial assistance to an individual under this chapter for not more than six years.
Agreement
An agreement between the Secretary and a participant in the scholarship program under this chapter shall be in writing, shall be signed by the participant, and shall include—
the Secretary’s agreement to provide the participant with financial assistance as authorized under this chapter;
the participant’s agreement—
to accept such financial assistance;
to maintain enrollment and attendance in the program of study described in section 8001(a)(1) of this chapter;
while enrolled in such program, to maintain an acceptable level of academic standing (as determined by the educational institution offering such program under regulations prescribed by the Secretary); and
after completion of the program, to serve as a full-time employee in the Department for a period of three years, to be served within the first six years after the participant has completed such program and received a degree or certificate described in section 8001(a)(1) of this chapter; and
any other terms and conditions that the Secretary determines appropriate for carrying out this chapter.
Repayment for failure to satisfy requirements of agreement
In general
An individual who receives educational assistance under this chapter shall repay to the Secretary an amount equal to the unearned portion of such assistance if the individual fails to satisfy the requirements of the agreement entered into under section 8004 of this chapter, except in circumstances authorized by the Secretary.
Amount of repayment
The Secretary shall establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted.
Waiver or suspension of compliance
The Secretary shall prescribe regulations providing for the waiver or suspension of any obligation of an individual for service or payment under this chapter (or an agreement under this chapter) whenever noncompliance by the individual is due to circumstances beyond the control of the individual or whenever the Secretary determines that the waiver or suspension of compliance is in the best interest of the United States.
Obligation as debt to United States
An obligation to repay the Secretary under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after the date of the termination of the agreement or contract on which the debt is based.
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Clerical amendments
The tables of chapters at the beginning of title 38, and of part V of title 38, are each amended by inserting after the item relating to chapter 79 the following new item:
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Effective date
The Secretary of Veterans Affairs shall implement chapter 80 of title 38, United States Code, as added by section 1, not later than six months after the date of the enactment of this Act.