HR 1214 IHCommentsClose CommentsPermalink

To amend title 38, United States Code, to expand and enhance educational assistance for survivors and dependents of veterans.CommentsClose CommentsPermalink

February 27, 2007

Mr. RAMSTAD (for himself and Mr. TAYLOR) introduced the following bill; which was referred to the Committee on Veterans' AffairsCommentsClose CommentsPermalink

To amend title 38, United States Code, to expand and enhance educational assistance for survivors and dependents of veterans.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Veterans' Survivors Education Enhancement Act'.CommentsClose CommentsPermalink

SEC. 2. EXPANSION AND ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR SURVIVORS AND DEPENDENTS OF VETERANS.

(a) Termination of Durational Limitation on Use of Educational Assistance-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- (A) The heading of section 3511 of such title is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 3511. TREATMENT OF CERTAIN INTERRUPTIONS IN PURSUIT OF PROGRAMS OF EDUCATION.'.

(B) Section 3532(g) of such title is amended--CommentsClose CommentsPermalink





(i) by striking paragraph (2); andCommentsClose CommentsPermalink





(ii) by redesignating paragraph (3) as paragraph (2).CommentsClose CommentsPermalink





(C) Section 3541 of such title is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 3541. SPECIAL RESTORATIVE TRAINING.

`(a) The Secretary may, at the request of an eligible person--CommentsClose CommentsPermalink





`(1) determine whether such person is in need of special restorative training; andCommentsClose CommentsPermalink





`(2) if such need is found to exist, prescribe a course which is suitable to accomplish the purposes of this chapter.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(D) Section 3695(a)(4) of such title is amended by striking `35,'.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(c) Amount of Educational Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3532 of title 38, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(1) A program of education consisting of institutional courses.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) A course or courses or other program of special educational assistance as provided in section 3491(a) of this title.CommentsClose CommentsPermalink





`(5) A program of apprenticeship or other on-job training pursued in a State as provided in section 3687(a) of this title.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(7) A special training allowance for special restorative training as provided in section 3542 of this title.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- (A) Section 3533 of such title is amended to read as follows:CommentsClose CommentsPermalink

`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.'.CommentsClose CommentsPermalink





(B) Section 3534 of such title is repealed.CommentsClose CommentsPermalink





(C) Section 3542 of such title is amended--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(ii) in subsection (b), by striking `an educational assistance allowance' and inserting `educational assistance'.CommentsClose CommentsPermalink





(D) Section 3543(c) of such title is amended--CommentsClose CommentsPermalink





(i) in paragraph (1), by adding `and' at the end;CommentsClose CommentsPermalink





(ii) by striking paragraph (2); andCommentsClose CommentsPermalink





(iii) by redesignating paragraph (3) as paragraph (2).CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(F) Paragraph (1) of section 3565(b) of such title is amended to read as follows:CommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink





(G) Section 3687 of such title is amended--CommentsClose CommentsPermalink





(i) in subsection (a)--CommentsClose CommentsPermalink





(I) in the matter preceding paragraph (1), by striking `or an eligible person (as defined in section 3501(a) of this title)'; andCommentsClose CommentsPermalink





(II) in the flush matter following paragraph (2), by striking `chapters 34 and 35' and inserting `chapter 34';CommentsClose CommentsPermalink





(ii) in subsection (c), by striking `chapters 34 and 35' and inserting `chapter 34'; andCommentsClose CommentsPermalink





(iii) in subsection (e), by striking paragraph (3) and inserting the following new paragraph (3):CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(d) Other Conforming Amendments- (1) Section 3524 of title 38, United States Code, is amended by striking `allowance' each place it appears.CommentsClose CommentsPermalink





(2)(A) Section 3531 of such title is amended--CommentsClose CommentsPermalink





(i) in subsection (a), by striking `an educational assistance allowance' and inserting `educational assistance'; andCommentsClose CommentsPermalink





(ii) in subsection (b), by striking `allowance'.CommentsClose CommentsPermalink





(B) The heading of such section is amended by striking `allowance'.CommentsClose CommentsPermalink





(3) Section 3537(a) of such title is amended by striking `additional'.CommentsClose CommentsPermalink





(e) Clerical Amendments- The table of sections at the beginning of chapter 35 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking the item relating to section 3511 and inserting the following new item:CommentsClose CommentsPermalink





`3511. Treatment of certain interruptions in pursuit of programs of education.';CommentsClose CommentsPermalink





(2) by striking the items relating to sections 3531, 3532, and 3533 and inserting the following new items:CommentsClose CommentsPermalink





`3531. Educational assistance.CommentsClose CommentsPermalink





`3532. Amount of educational assistance.CommentsClose CommentsPermalink





`3533. Tutorial assistance.';CommentsClose CommentsPermalink





(3) by striking the item relating to section 3534; andCommentsClose CommentsPermalink





(4) by striking the item relating to section 3541 and inserting the following new item:CommentsClose CommentsPermalink





`3541. Special restorative training.'.CommentsClose CommentsPermalink





(f) Effective Dates- (1) The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink