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II
113th CONGRESS
1st Session
S. 930
IN THE SENATE OF THE UNITED STATES
May 13, 2013
Mr. Bennet 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 require the
Secretary of Veterans Affairs, in cases of overpayments of educational
assistance under Post-9/11 Educational Assistance, to deduct amounts for
repayment from the last months of educational assistance entitlement, and for
other purposes.
1.
Delayed repayment of
overpayments made under Post-9/11 Educational Assistance
(a)
In
general
Section 5314 of title
38, United States Code, is amended—
(1) by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively;
(2) in subsection
(a), by striking to subsections (b) and (d) and inserting
to subsections (b), (c), and (e); and
(3) by inserting
after subsection (b) the following new subsection (c):
(c)
(1) Subject to paragraph
(2), in the case of a deduction under subsection (a) with respect to an
overpayment made by the Secretary to a person under chapter 33 of this title,
the Secretary shall, to the degree practicable, make such deduction from the
last payment or payments (as necessary) to which such person is entitled under
such chapter.
(2) Paragraph (1) shall no longer apply
to, and amounts shall be deducted as otherwise provided in this section with
respect to, a person described in such paragraph who, after the overpayment
described in such paragraph—
(A) completes the program of education
with respect to which the overpayment was made; or
(B) fails, during the next two academic
semesters beginning after such overpayment, to attend classes in a manner
consistent with normal pursuit of a program of education.
(3) The Secretary may charge an
individual described in paragraph (1) such amount of interest on the amount of
indebtedness as is necessary so that the delayed repayment is actuarially
equivalent to immediate repayment.
(4) This subsection shall expire on the
date that is nine years after the date of the enactment of this
subsection.
.
(b)
Applicability
Subsection
(c) of section 5314 of such title, as added by subsection (a), shall apply with
respect to overpayments made on or after the date of the enactment of this
Act.