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Code · BILL · 113th Congress · S. 2448 (Introduced in Senate) — To protect servicemembers in higher education, and for other purposes. · Sec. 5

Sec. 5. Disability determinations

395 words·~2 min read·/bill/113/s/2448/is/section-5

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Section 437(a)(2) ( 20 U.S.C. 1087(a)(2) ) is amended to read as follows: A borrower who has been assigned a disability rating of 100 percent (or a combination of ratings equaling 100 percent or more) by the Secretary of Veterans Affairs or the Secretary of Defense for a service-connected disability (as defined in section 101 of title 38, United States Code) and who provides documentation of such rating to the Secretary of Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection, and such borrower shall not be required to present any additional documentation for purposes of this subsection.
A disability rating described in subparagraph (A), or similar determination of unemployability by the Secretary of Veterans Affairs or the Department of Defense, transmitted in accordance with subparagraph
(C)shall be considered sufficient documentation for purposes of this subsection. Not later than 180 days after the date of enactment of the Servicemember Higher Education Protection Act , the Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall create a system through which the applicable disability ratings (or alternative means of transmitting a determination of unemployability) shall be automatically transmitted from the Department of Defense or the Department of Veterans Affairs, as the case may be, to the Department of Education and shall satisfy the documentation requirement described in this paragraph. The Secretary shall have the authority to enter into any agreements necessary to implement the requirements of this paragraph. . Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress a report that includes a plan to carry out the activities described under section 437(a)(2)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a)(2) ), as amended by this section. If the Secretary of Education has not carried out the activities described under section 437(a)(2)(C) of the Higher Education Act of 1965, as amended by this section, by the date that is 1 year after the date of enactment of this Act, the Secretary of Education shall submit, by such date, a report that includes an explanation of why those activities have not been implemented and a description of any legislative changes that are necessary to allow for the implementation of such activities.
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Sec. 5
Disability determinations
U.S.C.§ 1087
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