II 116TH CONGRESS 1ST SESSION S. 2265 To amend title 38, United States Code, to improve the work-study allowance program administered by the Secretary of Veterans Affairs, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 25, 2019 Mr. TESTER (for himself and Mr. ROUNDS) 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 improve the work-study allowance program administered by the Sec- retary of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘GI Bill Work Study 4 Improvement Act of 2019’’. 5 SEC. 2. IMPROVEMENT TO WORK-STUDY ALLOWANCE PRO- 6 GRAM. 7 (a) PAYMENT OF ALLOWANCE.—Subsection (a) of 8 section 3485 of title 38, United States Code, is amended— 9 VerDate Sep 11 2014 18:59 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2265.IS S2265 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 2265 IS (1) in paragraph (1), by striking ‘‘Individuals’’ 1 and inserting ‘‘In accordance with paragraph (4), in- 2 dividuals’’; 3 (2) by redesignating paragraphs (4), (5), and 4 (6) as paragraphs (5), (6), and (7), respectively; and 5 (3) by inserting after paragraph (3) the fol- 6 lowing new paragraph: 7 ‘‘(4)(A) The Secretary shall carry out this section by 8 providing to an educational institution an annual amount 9 for the institution to use in paying work-study allowance 10 under paragraph (1) to individuals enrolled at the institu- 11 tion. 12 ‘‘(B) With respect to an educational institution that 13 participated in the work-study program under this section 14 during the academic year beginning August 1, 2018, the 15 Secretary shall determine the annual amount to provide 16 to the educational institution under subparagraph (A) as 17 follows: 18 ‘‘(i) For the academic year beginning August 1, 19 2020, the amount shall be the total amount the Sec- 20 retary paid under this section to individuals enrolled 21 at such educational institution during the academic 22 year beginning August 1, 2018. 23 ‘‘(ii) Except as provided by subparagraph 24 (D)(ii), for each academic year beginning on or after 25 VerDate Sep 11 2014 18:59 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2265.IS S2265 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 2265 IS August 1, 2021, the amount shall be the total 1 amount the educational institution paid under this 2 section for work-study allowance to individuals en- 3 rolled at such educational institution during the pre- 4 vious academic year in which individuals participated 5 in the work-study program. 6 ‘‘(C) With respect to an educational institution that 7 did not participate in the work-study program under this 8 section during the academic year beginning August 1, 9 2018, the Secretary shall determine the annual amount 10 to provide to the educational institution under subpara- 11 graph (A) as follows: 12 ‘‘(i) For the first academic year in which the 13 educational institution participates in the work-study 14 program beginning on or after August 1, 2020, the 15 amount shall be an amount the Secretary determines 16 appropriate based on an amount provided to a simi- 17 lar educational institution pursuant to subparagraph 18 (B). 19 ‘‘(ii) Except as provided by subparagraph 20 (D)(ii), for each academic year occurring after the 21 academic year specified in clause (i), the amount 22 shall be the total amount the educational institution 23 paid under this section for work-study allowance to 24 individuals enrolled at such educational institution 25 VerDate Sep 11 2014 18:59 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2265.IS S2265 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 2265 IS during the previous academic year in which individ- 1 uals enrolled at such educational institution partici- 2 pated in the work-study program. 3 ‘‘(D)(i) Except as provided in clause (ii), if the Sec- 4 retary provides an annual amount to an educational insti- 5 tution under subparagraph (B) or (C) that is more than 6 the total amount the educational institution pays to indi- 7 viduals under paragraph (1)— 8 ‘‘(I) the educational institution shall return to 9 the Secretary the unpaid amount; and 10 ‘‘(II) the Secretary shall transfer the returned 11 amount into the general fund of the Treasury. 12 ‘‘(ii)(I) If the annual amount provided to an edu- 13 cational institution under subparagraph (B) or (C) is 14 more, but less than 10 percent more, than the total 15 amount the educational institution pays to individuals 16 under paragraph (1), and the educational institution plans 17 to participate in the work-study program under this sec- 18 tion during the subsequent academic year, the educational 19 institution may retain the amount of the overpayment if 20 the educational institution notifies the Secretary of the 21 amount of the overpayment and the intention of the edu- 22 cational institution to retain such amount. 23 ‘‘(II) Any amount retained by an educational institu- 24 tion under this clause may only be used by the educational 25 VerDate Sep 11 2014 18:59 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2265.IS S2265 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 2265 IS institution to provide work-study allowance to individuals 1 enrolled at the educational institution. 2 ‘‘(iii) At any time an educational institution may re- 3 quest the Secretary to increase the annual amount that 4 the Secretary provides the educational institution under 5 subparagraph (B) or (C). 6 ‘‘(E) Pursuant to section 3690(c), section 3693, and 7 other provisions of chapter 36 of this title, the Secretary 8 shall ensure that an educational institution carries out the 9 work-study allowance program in compliance with this sec- 10 tion.’’. 11 (b) CONFORMING AMENDMENT.—Subsection (e)(1) 12 of such section is amended by striking ‘‘subsection (a)(4)’’ 13 and inserting ‘‘subsection (a)(5)’’. 14 (c) APPLICATION.—The amendments made by this 15 section shall apply with respect to a quarter, semester, or 16 term, as applicable, commencing on or after August 1, 17 2020. 18 Æ VerDate Sep 11 2014 18:59 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S2265.IS S2265 pamtmann on DSKBFK8HB2PROD with BILLS