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II
113th CONGRESS
1st Session
S. 863
IN THE SENATE OF THE UNITED STATES
May 6, 2013
Mr. Blumenthal (for
himself and Mr. Begich) introduced the
following bill; which was read twice and referred to the
Committee on Veterans'
Affairs
A BILL
To amend title 38, United States Code, to repeal time
limitations on the eligibility for use of educational assistance under
All-Volunteer Force Educational Assistance Program, to improve veterans
education outreach, and for other purposes.
1.
Short title
This Act may be cited as the
Veterans Back to School Act of
2013.
2.
Repeal of time
limitations on use of educational assistance under All-Volunteer Force
Educational Assistance Program
(a)
In
general
Section 3031 of title 38, United States Code, is amended
by adding at the end the following new subsection:
(i)
(1) Notwithstanding
subsections (a) through (g) and any other provision of law, the period during
which a covered individual entitled to educational assistance under this
chapter may use such covered individual's entitlement shall not end until the
date that is 10 years after the date on which such covered individual begins
using such benefit.
(2) For purposes of this subsection, a
covered individual is any individual—
(A) whose basic pay was reduced under
paragraph (1) of section 3011(b) of this title; or
(B) with respect to whom an amount was
collected under paragraph (2) of such
section.
.
(b)
Conforming
amendment
Section 3020(f) of such title is amended by adding at
the end the following new paragraph:
(4) Subsection (i) of section 3031 of
this title shall not apply for purposes of this
subsection.
.
(c)
Effective
date
Subsection (i) of section 3031 of such title, as added by
subsection (a), and paragraph (4) of section 3020(f) of such title, as added by
subsection (b), shall apply as if such subsection and such paragraph had been
enacted immediately after the enactment of the Veterans' Educational Assistance
Act of 1984 (Public Law 98–525; 98 Stat. 2553).
3.
Veterans
education outreach program
(a)
Establishment
Chapter
36 of title 38, United States Code, is amended by adding at the end of
subchapter II the following new section:
3697B.
Veterans
education outreach program
(a)
In
general
The Secretary shall provide funding for offices of
veterans affairs at institutions of higher learning, as defined in section
3452(f), in accordance with this section.
(b)
Payments to
institutions of higher learning
(1)
(A) The Secretary shall,
subject to the availability of appropriations, make payments to any institution
of higher learning, under and in accordance with this section, during any
fiscal year if the number of persons eligible for services from offices
assisted under this section at the institution is at least 50, determined in
the same manner as the number of eligible veterans or eligible persons is
determined under section 3684(c) of this title.
(B) The persons who are eligible for
services from the offices assisted under this section are persons receiving
educational assistance administered by the Department of Veterans Affairs,
including assistance provided under chapter 1606 of title 10.
(2) To be eligible for a payment under
this section, an institution of higher learning or a consortium of institutions
of higher learning, as described in paragraph (3), shall submit an application
to the Secretary. The application shall—
(A) set forth such policies, assurances,
and procedures that will ensure that—
(i) the funds received by the
institution, or each institution in a consortium of institutions described in
paragraph (3), under this section will be used solely to carry out this
section;
(ii) for enhancing the functions of its
veterans education outreach program, the applicant will expend, during the
academic year for which a payment is sought, an amount equal to at least the
amount of the award under this section from sources other than this or any
other Federal program; and
(iii) the applicant will submit to the
Secretary such reports as the Secretary may require or as are required by this
section;
(B) contain such other statement of
policies, assurances, and procedures as the Secretary may require in order to
protect the financial interests of the United States;
(C) set forth such plans, policies,
assurances, and procedures as will ensure that the applicant will maintain an
office of veterans' affairs which has responsibility for—
(i) veterans' certification, outreach,
recruitment, and special education programs, including the provision of or
referral to educational, vocational, and personal counseling for veterans;
and
(ii) providing information regarding
other services provided veterans by the Department, including the readjustment
counseling program authorized under section 1712A of this title and the
programs carried out under chapters 41 and 42 of this title; and
(D) be submitted at such time or times, in
such manner, in such form, and contain such information as the Secretary
determines necessary to carry out the functions of the Secretary under this
section.
(3) An institution of higher learning
which is eligible for funding under this section and which the Secretary
determines cannot feasibly carry out, by itself, any or all of the activities
set forth in paragraph (2)(C), may carry out such program or programs through a
consortium agreement with one or more other institutions of higher learning in
the same community.
(4) The Secretary shall not approve an
application under this subsection unless the Secretary determines that the
applicant will implement the requirements of paragraph (2)(C) within the first
academic year during which it receives a payment under this section.
(c)
Amount of
payments
(1)
(A) Subject to subparagraph
(B), the amount of the payment which any institution shall receive under this
section for any fiscal year shall be $100 for each person who is described in
subsection (b)(1)(B).
(B) The maximum amount of payments to any
institution of higher learning, or any branch thereof which is located in a
community which is different from that in which the parent institution thereof
is located, in any fiscal year is $150,000.
(2)
(A) The Secretary shall pay
to each institution of higher learning which has had an application approved
under subsection (b) the amount which it is to receive under this section. If
the amount appropriated for any fiscal year is not sufficient to pay the
amounts which all such institutions are to receive, the Secretary shall ratably
reduce such payments. If any amount becomes available to carry out this section
for a fiscal year after such reductions have been imposed, such reduced
payments shall be increased on the same basis as they were reduced.
(B) In making payments under this section
for any fiscal year, the Secretary shall apportion the appropriation for making
such payments, from funds which become available as a result of the limitation
on payments set forth in paragraph (1)(B), in an equitable manner.
(d)
Coordination
and provision of assistance, technical consultation, and
information
The Secretary, in carrying out the provisions of this
section, shall seek to assure the coordination of programs assisted under this
section with other programs carried out by the Department pursuant to this
title, and the Secretary shall provide all assistance, technical consultation,
and information otherwise authorized by law as necessary to promote the maximum
effectiveness of the activities and programs assisted under this
section.
(e)
Best practices
and administration
(1) From the amounts made
available for any fiscal year under subsection (f), the Secretary shall retain
one percent or $20,000, whichever is less, for the purpose of collecting
information about exemplary veterans educational outreach programs and
disseminating that information to other institutions of higher learning having
such programs on their campuses. Such collection and dissemination shall be
done on an annual basis.
(2) From the amounts made available under
subsection (f), the Secretary may retain not more than two percent for the
purpose of administering this section.
(f)
Authorization
of appropriations
There is authorized to be appropriated to carry
out this section $6,000,000 for fiscal year 2012 and each fiscal year
thereafter.
.
(b)
Clerical
amendment
The table of sections at the beginning of chapter 36 of
title 38, United States Code, is amended by inserting after the item relating
to section 3697A the following new item:
3697B. Veterans education outreach
program.
.