Welcome Home G.I. Bill Act of 2005 - Increases and extends the duration of basic educational assistance for individuals who serve at least six consecutive months (with exceptions from the six consecutive months requirement due to medical, hardship, or involuntary separation ) on active duty outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) beginning on September 11, 2001, and ending five years after enactment of this Act.
Permits assistance use for student loan repayment. Provides for refund of educational contributions made under the Montgomery G.I. Bill program.
Increases and extends the duration of educational assistance for reserve component members called or ordered to active service in response to a war or national emergency who perform active duty service for 180 consecutive days before the five-year period beginning on the date of enactment of this Act. Permits assistance use for student loan repayment.
Provides $5,000 for a residential purchase downpayment for a veteran who: (1) performs active duty service outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) for at least six consecutive months (or a lesser time period for an individual with a service-connected disability) after September 11, 2001; and (2) has not previously obtained a veterans' guaranteed or insured housing loan. Makes such benefit available for five years from the date eligible service is completed.
Amends the the Internal Revenue Code to exclude such housing benefit from gross income.
Provides transitional health care benefits during the five-year period after separation from active duty for an individual who is not covered under an employer-provided or a spouse's employer-provided group health plan who: (1) serves in the active military, naval, or air service; (2) after September 11, 2001, is deployed outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) for at least six consecutive months (or a lesser time period for an individual with a service-connected disability); and (3) is discharged or released under conditions other than dishonorable.
Revises predeployment and postdeployment medical exam provisions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1982 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1982
To amend titles 10 and 38, United States Code, to increase benefits for
members of the Armed Forces who, after September 11, 2001, serve on
active duty outside the United States or its territories or possessions
as part of a contingency operation (including a humanitarian operation,
peacekeeping operation, or similar operation) or a combat operation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2005
Mr. Emanuel (for himself, Mr. Murtha, Mr. Ryan of Ohio, Ms. DeLauro,
Mr. McGovern, Mr. Kildee, Mrs. Capps, Mr. Hinchey, Ms. Slaughter, Mr.
Frank of Massachusetts, Mr. Owens, Mr. Higgins, Mr. Pallone, Mrs.
McCarthy, Mr. Grijalva, Mr. Rangel, Mr. Brown of Ohio, Mr. Sanders,
Mrs. Maloney, Ms. Carson, Ms. Hooley, and Mr. Honda) introduced the
following bill; which was referred to the Committee on Armed Services,
and in addition to the Committees on Veterans' Affairs and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles 10 and 38, United States Code, to increase benefits for
members of the Armed Forces who, after September 11, 2001, serve on
active duty outside the United States or its territories or possessions
as part of a contingency operation (including a humanitarian operation,
peacekeeping operation, or similar operation) or a combat operation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Welcome Home G.I.
Bill Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVEMENTS IN EDUCATION AND HOUSING BENEFITS
Sec. 101. Montgomery G.I. Bill improvements.
Sec. 102. Improved education benefits for reserve component members
supporting contingency operations and
certain other operations.
Sec. 103. Increase in Home Purchase Benefits.
TITLE II--IMPROVEMENT IN HEALTH BENEFITS
Sec. 201. Extension of transitional health care for certain uninsured
veterans.
Sec. 202. Clarification of predeployment and postdeployment medical
exams.
TITLE I--IMPROVEMENTS IN EDUCATION AND HOUSING BENEFITS
SEC. 101. MONTGOMERY G.I. BILL IMPROVEMENTS.
(a) Increase in Benefits and Extension of Duration of Educational
Assistance.--Section 3015 of title 38, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) The amount of basic educational allowance payable under
this chapter to an individual referred to in paragraph (2) of this
subsection is equal to 150 percent of the amount determined under
subsection (a) or (b), as the case may be.
``(2)(A) Paragraph (1) of this subsection applies to an individual
entitled to an educational assistance allowance under section 3011 or
3012 of this title who, during the period described in paragraph (5),
serves on active duty outside the United States or its territories or
possessions as part of a contingency operation (including a
humanitarian operation, peacekeeping operation, or similar operation)
or combat operation for a period of at least 6 consecutive months is
entitled to increased basic educational assistance under this section.
``(B) The requirement of 6 consecutive months of service under
paragraph (1) is not applicable to an individual who is discharged or
released, during such 6 months, from active duty in the Armed Forces--
``(i) for a service-connected disability,
``(ii) for a medical condition which preexisted such
service on active duty and which the Secretary determines is
not service connected,
``(iii) for hardship,
``(iv) in the case of an individual discharged or released
after 5 months of such service, for the convenience of the
Government,
``(v) involuntarily for the convenience of the Government
as a result of a reduction in force, as determined by the
Secretary of the military department concerned in accordance
with regulations prescribed by the Secretary of Defense or by
the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, or
``(vi) for a physical or mental condition that was not
characterized as a disability, as described in section
3011(a)(1)(A)(ii)(I) of this title.
``(3) The Secretary of Defense shall refund to each individual
referred to in paragraph (2) all amounts reduced from the basic pay of,
or collected by the Secretary from, the individual under section
3011(b) or 3012(c) of this title, as the case may be.
``(4)(A) Upon completion of an approved course of education, an
individual referred to paragraph (2) may apply amounts of increased
basic educational assistance otherwise available to the individual
under this section to repay some or all of any Federal student loan
balance owed by the individual.
``(B) In no event shall payment of basic educational assistance
under this paragraph exceed the amount of the individual's available
entitlement under this chapter.
``(5) The period referred to in paragraph (2)(A) is the period
which begins on September 11, 2001, and ends on the date that is five
years after the date of the enactment of the Welcome Home G.I. Bill Act
of 2005.''; and
(3) in subsections (a)(1)(D) and (b)(1)(D), by striking ``under
subsection (h)'' and and inserting ``under subsection (i)''.
(b) Duration of Payments.--Section 3013 of such title is amended by
adding at the end the following new subsection:
``(g) In the case of an individual referred to in section
3015(h)(2) of this title, the preceding provisions of this section
shall be applied by substituting `48' for `36' each place it
appears.''.
(c) Conforming Amendments.--(1) Subsection (b)(2)(B) of section
3014 of such title is amended by inserting ``(or 48 in the case of an
individual referred to in section 3015(h)(2) of this title)'' after
``36''.
(2) Subsection (b)(2) of section 3017 of such title is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) the amount of any refund under section 3015(h)(3) of
this title.''.
(3) Subsection (a) of section 3695 of such title is amended by
inserting ``(or 60 months in the case of an individual referred to in
section 3015(g)(2) of this title).''.
SEC. 102. IMPROVED EDUCATION BENEFITS FOR RESERVE COMPONENT MEMBERS
SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER
OPERATIONS.
(a) Increase in Rate of Educational Assistance.--Subsection (c) of
section 16162 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) Notwithstanding paragraphs (2), (3), and (4), the
educational assistance allowance provided under this chapter
for a member of the reserve component called or ordered to
active service in response to a war or national emergency
declared by the President or the Congress who performed active
duty service for 180 consecutive days before the date which is
the last day of the five-year period that begins on the date of
the enactment of the Welcome Home G.I. Bill Act of 2005 is the
greater of (A) the monthly rate of $1562.50 or (B) the monthly
rate otherwise applicable under this chapter.''.
(b) Extension of Duration of Educational Assistance.--Paragraph (1)
of subsection (d) of such section is amended by inserting ``, or 48 in
the case of educational assistance allowance paid under subsection
(c)(5),'' after ``under this chapter is 36''.
(c) Use of Entitlement for Payment of Federal Student Loans.--Such
section is amended by adding at the end the following new subsection:
``(e) Use of Entitlement for Payment of Federal Student Loans.--(1)
Upon completion of a program of education authorized under subsection
(b), a member of the reserve components entitled to educational
assistance under this chapter may apply amounts of educational
assistance otherwise available to the member under this chapter to
repay some or all of any Federal student loan balance owed by the
member.
``(2) In no event shall payment of educational assistance under
this subsection exceed the amount of the member's available entitlement
under this chapter.
``(3) In this subsection, the term `Federal student loan' means any
loan made under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).''.
SEC. 103. INCREASE IN HOME PURCHASE BENEFITS.
(a) Payment to Certain Veterans for Downpayment Toward Home
Purchase.--(1) Title 38, United States Code, is amended by inserting
after section 3708 the following new section:
``Sec. 3709. Provision of downpayment toward home purchase for veterans
performing eligible service
``(a) Payment for Downpayment on Home Purchase.--Subject to
subsections (b) and (c), in the case of a veteran who performs eligible
service, the Secretary of Defense shall provide for a payment of $5,000
on behalf of the veteran to be used as a downpayment toward the
purchase or construction of a residential dwelling to be owned and
occupied by the veteran.
``(b) Time Limitation for Use.--The period during which the
Secretary of Defense may provide for a payment under subsection (a) to
a veteran who performs eligible service expires on the date that is
five years after the date on which such eligible service is completed.
``(c) Use in Conjunction With First-Time Home Purchase Under This
Chapter.--The Secretary of Defense shall only provide payment under
subsection (a) if the veteran demonstrates to the Secretary of Veterans
Affairs that the veteran has not previously obtained a loan guaranteed,
insured, or made under this chapter, as the case may be.
``(d) Eligible Service.--In this subsection, the term `eligible
service' means active duty service performed after September 11, 2001,
outside the United States or its territories or possessions as part of
a contingency operation (including a humanitarian operation,
peacekeeping operation, or similar operation) or combat operation for a
period of at least 6 consecutive months (or for a lesser period of time
in the case of such an individual who is discharged or released from
active duty for a service-connected disability).''.
(2) The table of sections at the beginning of chapter 37 of such
title is amended by inserting after the item relating to section 3708
the following new item:
``3709. Provision of downpayment toward home purchase for veterans
performing eligible service.''.
(b) Benefit Excluded From Gross Income.--
(1) In general.--Subsection (b) of section 134 of the
Internal Revenue Code of 1986 (relating to qualified military
benefit) is amended by adding at the end the following new
paragraph:
``(6) Veterans housing benefits.--
``(A) In general.--The term `qualified military
benefit' includes payments made under section 3709 of
title 38, United States Code (relating to provision of
downpayment toward home purchase for veterans
performing eligible service), as in effect on the date
of the enactment of this paragraph.
``(B) Denial of double benefit.--Notwithstanding
any other provision of this subtitle, no increase in
the basis or adjusted basis of any property shall
result from any amount excluded under this section by
reason of subparagraph (A).''.
(2) Effective date.--The amendment made by this subsection
shall apply to payments made after the date of the enactment of
this Act, in taxable years ending after such date.
TITLE II--IMPROVEMENT IN HEALTH BENEFITS
SEC. 201. EXTENSION OF TRANSITIONAL HEALTH CARE FOR CERTAIN UNINSURED
VETERANS.
Section 1145 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Special Rule for Certain Uninsured Veterans.--(1)
Transitional health care shall be available under subsection (a) for
any period during the five-year period beginning on the date on which
the veteran is separated from active duty during which the veteran
demonstrates to the Secretary of Defense that the veteran is not
covered under any group health plan provided by an employer or spouse's
employer.
``(2) In this subsection, the term `eligible veteran' means a
person--
``(A) who served in the active military, naval, or air
service (as defined in section 101 of title 38);
``(B) who, after September 11, 2001, is deployed outside
the United States or its territories or possessions as part of
a contingency operation (including a humanitarian operation,
peacekeeping operation, or similar operation) or combat
operation for a period of at least 6 consecutive months (or for
a lesser period of time in the case of such an individual who
is discharged or released from active duty for a service-
connected disability); and
``(C) who was discharged or released from such service
under conditions other than dishonorable.''.
SEC. 202. CLARIFICATION OF PREDEPLOYMENT AND POSTDEPLOYMENT MEDICAL
EXAMS.
Subsection (b) of section 1074f of title 10, United States Code, is
amended to read as follows:
``(b) Elements of System.--(1) The system described in subsection
(a) shall include the use of predeployment medical examinations and
postdeployment medical examinations, in accordance with this
subsection, to accurately record the medical condition of members
before their deployment and any changes in their medical condition
during the course of their deployment.
``(2) Predeployment Medical Examinations.--A predeployment medical
examination shall consist of a self-administered survey followed by a
clinical examination conducted by medical personnel of the Department
of Defense. The survey and clinical examination shall include--
``(A) the collection of clinical data (such as vital signs
and the drawing of blood samples);
``(B) the collection of information (including information
on immunizations) on current and past physical or mental health
conditions that might affect the ability of the member to
perform duties;
``(C) an assessment of mental health;
``(D) screening for diseases that are prevalent in members
of the armed forces; and
``(E) referral to appropriate medical care for any
conditions needing further treatment.
``(3) Postdeployment Medical Examinations.--A postdeployment
medical examination shall consist of a self-administered survey
followed by a clinical examination conducted by medical personnel of
the Department of Defense. The survey and clinical examination--
``(A) shall include self-reported information about any
relevant exposures during the period of deployment, including
witnessing or participating in combat and screening for post-
traumatic stress disorder; and
``(B) shall be conducted when the member is redeployed or
otherwise leaves an area in which the system is in operation
(or as soon as possible thereafter).''.
<all>
Sponsor introductory remarks on measure. (CR H1028)
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Opportunity.
Referred to the Subcommittee on Health.
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Referred to the Subcommittee on Military Personnel.