Revises basic educational assistance for veterans' survivors and dependents to: (1) eliminate the present 45 month cap on benefit payments and set an aggregate limit of $80,000; (2) extend from a dependent's 26th to 30th birthday the delimiting age for the use of such assistance; (3) increase the amount of such assistance for survivors and dependents pursuing certain types of education; and (4) authorize the provision of tutorial assistance to such individuals without charge to their educational assistance entitlement.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4361 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4361
To amend title 38, United States Code, to expand and enhance
educational assistance for survivors and dependents of veterans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2005
Mr. Ramstad (for himself and Mr. Taylor of Mississippi) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to expand and enhance
educational assistance for survivors and dependents of veterans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR
SURVIVORS AND DEPENDENTS OF VETERANS.
(a) Termination of Durational Limitation on Use of Educational
Assistance.--
(1) Termination of limitation and restatement of continuing
requirements.--Subsection (a) of section 3511 of title 38,
United States Code, is amended to read as follows:
``(a)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of educational assistance
described in paragraph (2) shall not be charged against the entitlement
of any individual under this chapter.
``(2) The payment of educational assistance referred to in
paragraph (1) is the payment of such assistance to an individual for
pursuit of a course or courses under this chapter if the Secretary
finds that the individual--
``(A) had to discontinue such course pursuit as a result of
being ordered to serve on active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and
``(B) failed to receive credit or training time toward
completion of the individual's approved educational,
professional, or vocational objective as a result of having to
discontinue, as described in subparagraph (A), the course
pursuit.''.
(2) Conforming amendments.--(A) The heading of section 3511
of such title is amended to read as follows:
``Sec. 3511. Treatment of certain interruptions in pursuit of programs
of education''.
(B) Section 3532(g) of such title is amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as paragraph
(2).
(C) Section 3541 of such title is amended to read as
follows:
``Sec. 3541. Special restorative training
``(a) The Secretary may, at the request of an eligible person--
``(1) determine whether such person is in need of special
restorative training; and
``(2) if such need is found to exist, prescribe a course
which is suitable to accomplish the purposes of this chapter.
``(b) A course of special restorative training under subsection (a)
may, at the discretion of the Secretary, contain elements that would
contribute toward an ultimate objective of a program of education.''.
(D) Section 3695(a)(4) of such title is amended by striking
``35,''.
(b) Extension of Delimiting Age of Eligibility for Dependents.--
Section 3512(a) of title 38, United States Code, is amended by striking
``twenty-sixth birthday'' each place it appears and inserting
``thirtieth birthday''.
(c) Amount of Educational Assistance.--
(1) In general.--Section 3532 of title 38, United States
Code, is amended to read as follows:
``Sec. 3532. Amount of educational assistance
``(a) The aggregate amount of educational assistance to which an
eligible person is entitled under this chapter is $80,000, as increased
from time to time under section 3564 of this title.
``(b) Within the aggregate amount provided for in subsection (a),
educational assistance under this chapter may be paid for any purpose,
and in any amount, as follows:
``(1) A program of education consisting of institutional
courses.
``(2) A full-time program of education that consists of
institutional courses and alternate phases of training in a
business or industrial establishment with the training in the
business or industrial establishment being strictly
supplemental to the institutional portion.
``(3) A farm cooperative program consisting of
institutional agricultural courses prescheduled to fall within
forty-four weeks of any period of twelve consecutive months
that is pursued by an eligible person who is concurrently
engaged in agricultural employment which is relevant to such
institutional agricultural courses as determined under
standards prescribed by the Secretary.
``(4) A course or courses or other program of special
educational assistance as provided in section 3491(a) of this
title.
``(5) A program of apprenticeship or other on-job training
pursued in a State as provided in section 3687(a) of this
title.
``(6) In the case of an eligible spouse or surviving
spouse, a program of education exclusively by correspondence as
provided in section 3686 of this title.
``(7) A special training allowance for special restorative
training as provided in section 3542 of this title.
``(c) If a program of education is pursued by an eligible person at
an institution located in the Republic of the Philippines, any
educational assistance for such person under this chapter shall be paid
at the rate of $0.50 for each dollar.
``(d)(1) Subject to paragraph (2), the amount of educational
assistance payable under this chapter for a licensing or certification
test described in section 3501(a)(5) of this title is the lesser of
$2,000 or the fee charged for the test.
``(2) In no event shall payment of educational assistance under
this subsection for such a test exceed the amount of the individual's
available entitlement under this chapter.''.
(2) Conforming amendments.--(A) Section 3533 of such title
is amended to read as follows:
``Sec. 3533. Tutorial assistance
``An eligible person shall, without any charge to any entitlement
of such person to educational assistance under section 3532(a) of this
title be entitled to the benefits provided an eligible veteran under
section 3492 of this title.''.
(B) Section 3534 of such title is repealed.
(C) Section 3542 of such title is amended--
(i) in subsection (a), by striking ``computed at
the basic rate'' and all that follows through the end
of the subsection and inserting a period; and
(ii) in subsection (b), by striking ``an
educational assistance allowance'' and inserting
``educational assistance''.
(D) Section 3543(c) of such title is amended--
(i) in paragraph (1), by adding ``and'' at the end;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph
(2).
(E) Section 3564 of such title is amended by striking
``rates payable under sections 3532, 3534(b), and 3542(a)'' and
inserting ``aggregate amount of educational assistance payable
under section 3532''.
(F) Paragraph (1) of section 3565(b) of such title is
amended to read as follows:
``(1) educational assistance payable under section 3532 of
this title, including the special training allowance referred
to in subsection (b)(7) of such section, shall be paid at the
rate of $0.50 for each dollar; and''.
(G) Section 3687 of such title is amended--
(i) in subsection (a)--
(I) in the matter preceding paragraph (1),
by striking ``or an eligible person (as defined
in section 3501(a) of this title)''; and
(II) in the flush matter following
paragraph (2), by striking ``chapters 34 and
35'' and inserting ``chapter 34'';
(ii) in subsection (c), by striking ``chapters 34
and 35'' and inserting ``chapter 34''; and
(iii) in subsection (e), by striking paragraph (3)
and inserting the following new paragraph (3):
``(3) In this subsection, the term `individual' means an
eligible veteran who is entitled to monthly educational
assistance allowances payable under section 3015(e) of this
title.''.
(d) Other Conforming Amendments.--(1) Section 3524 of title 38,
United States Code, is amended by striking ``allowance'' each place it
appears.
(2)(A) Section 3531 of such title is amended--
(i) in subsection (a), by striking ``an educational
assistance allowance'' and inserting ``educational
assistance''; and
(ii) in subsection (b), by striking ``allowance''.
(B) The heading of such section is amended by striking
``allowance''.
(3) Section 3537(a) of such title is amended by striking
``additional''.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 35 of title 38, United States Code, is amended--
(1) by striking the item relating to section 3511 and
inserting the following new item:
``3511. Treatment of certain interruptions in pursuit of programs of
education.'';
(2) by striking the items relating to section 3531, 3532,
and 3533 and inserting the following new items:
``3531. Educational assistance.
``3532. Amount of educational assistance.
``3533. Tutorial assistance.'';
(3) by striking the item relating to section 3534; and
(4) by striking the item relating to section 3541 and
inserting the following new item:
``3541. Special restorative training.''.
(f) Effective Dates.--(1) The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Notwithstanding the effective date under paragraph (1) of the
amendment to section 3564 of title 38, United States Code, made by
subsection (c)(2)(E), the Secretary of Veterans Affairs shall make the
first increase in the aggregate amount of educational assistance under
section 3532 of such title as required by such section 3564 (as so
amended) for fiscal year 2006.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
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