[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5684 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5684
To amend title 38, United States Code, to make certain improvements in
the basic educational assistance program administered by the Secretary
of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2008
Ms. Herseth Sandlin (for herself and Mr. Boozman) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs, and in addition to the Committee on Education and Labor, 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 title 38, United States Code, to make certain improvements in
the basic educational assistance program administered by the Secretary
of Veterans Affairs, and for other purposes.
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 ``Veterans Education
Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in amount of basic educational assistance.
Sec. 3. Extension of time limitation for use of eligibility and
entitlement to educational assistance.
Sec. 4. Monthly stipend for recipients of educational assistance
allowance.
Sec. 5. Extension of period for collection of fee for basic educational
assistance.
Sec. 6. Use of educational assistance for business courses and
seminars.
Sec. 7. Use of educational assistance for courses taken to prepare for
licensing or certification tests.
Sec. 8. Use of educational assistance to repay Federal student loans.
Sec. 9. Opportunity to withdraw election not to enroll in educational
assistance program.
Sec. 10. Montgomery GI Bill benefits not to reduce financial aid.
Sec. 11. Extension of increase in benefit for certain individuals
pursuing apprenticeships or on-job
training.
Sec. 12. Modification of amount available for reimbursement of State
and local agencies administering veterans
education benefits.
Sec. 13. Provision of basic educational assistance benefits for
veterans discharged from active duty with
general discharge.
Sec. 14. Increase in amount of reporting fee payable to educational
institutions that enroll veterans receiving
educational assistance.
Sec. 15. Provision of additional areas of work-study for veterans.
Sec. 16. 5-year pilot program for on-campus work-study positions.
Sec. 17. Increase in employees for Education Service.
Sec. 18. Upgrade of certain information technology.
Sec. 19. Modification of advance payment of initial educational
assistance or subsistence allowance.
SEC. 2. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE.
(a) Increase.--Section 3015 of title 38, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``January 1,
2002, $800'' and inserting ``January 1, 2009, $1,450'';
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating subparagraph (D) as
subparagraph (B); and
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``January 1,
2002, $650'' and inserting ``January 1, 2009, $1,250'';
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating subparagraph (D) as
subparagraph (B).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a payment of educational assistance for a month
beginning after the date that is 90 days after the date of the
enactment of this Act.
SEC. 3. EXTENSION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND
ENTITLEMENT TO EDUCATIONAL ASSISTANCE.
(a) Extension of Time Limitation.--Section 3031 of title 38, United
States Code, is amended by striking ``10-year period'' each place it
appears and inserting ``15-year period''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to an individual who is entitled to educational
assistance under chapter 30 of such title on the date that is 90 days
after the date of the enactment of this Act or who becomes entitled to
educational assistance under such chapter after such date.
SEC. 4. MONTHLY STIPEND FOR RECIPIENTS OF EDUCATIONAL ASSISTANCE
ALLOWANCE.
(a) Entitlement to Monthly Stipend.--Subchapter II of chapter 30 of
title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 3020A. Educational stipend
``(a) Entitlement.--Each individual who is receiving educational
assistance under this chapter and who is pursuing a program of
education at an institution of higher learning (as such term is defined
in section 3452(f) of this title) is entitled to an educational stipend
under this section.
``(b) Amount of Stipend.--An educational stipend under this section
shall be paid to an individual who is entitled to such a stipend--
``(1) in the case of an individual pursuing an approved
program of education on at least a half-time basis, at the
monthly rate of $500; and
``(2) in the case of an individual pursuing an approved
program of education on less than a half-time basis, at the
monthly rate of $250.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter II the following new item:
``3020A. Educational stipend.''.
(c) Effective Date.--Section 3020A of title 38, United States Code,
as added by subsection (a) shall take effect on the date that is two
years after the date of the enactment of this Act and shall apply with
respect to months beginning after that date.
SEC. 5. EXTENSION OF PERIOD FOR COLLECTION OF FEE FOR BASIC EDUCATIONAL
ASSISTANCE.
(a) Basic Educational Assistance for Service on Active Duty.--
Section 3011(b)(1) of title 38, United States Code, is amended--
(1) by striking ``$100'' and inserting ``$50''; and
(2) by striking ``12'' and inserting ``24''.
(b) Basic Educational Assistance for Service in the Selected
Reserve.--Section 3012(c)(1) of such title is amended--
(1) by striking ``$100'' and inserting ``$50''; and
(2) by striking ``12'' and inserting ``24''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.
SEC. 6. USE OF EDUCATIONAL ASSISTANCE FOR BUSINESS COURSES AND
SEMINARS.
(a) Basic Educational Assistance.--Section 3452(b) of title 38,
United States Code, is amended by adding at the end the following new
sentence: ``Such term also includes business courses and seminars, if
such courses or seminars are related to the operation of a business.
Such term also includes continuing education courses, as designated by
the Secretary.''.
(b) Survivors' and Dependents' Educational Assistance.--Section
3501(a)(5) of title 38, United States Code, is amended by adding at the
end the following new sentences: ``Such term also includes business
courses and seminars, if such courses or seminars are related to the
operation of a business. Such term also includes continuing education
courses, as designated by the Secretary.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is two years after the date of the
enactment of this Act.
SEC. 7. USE OF EDUCATIONAL ASSISTANCE FOR COURSES TAKEN TO PREPARE FOR
LICENSING OR CERTIFICATION TESTS.
(a) Basic Educational Assistance.--Section 3452(b) of title 38,
United States Code, is amended by inserting after the fourth sentence
the following new sentence: ``Such term also includes preparatory
courses for licensing or certification tests described in the preceding
sentence, as designated by the Secretary.''.
(b) Survivors' and Dependents' Educational Assistance.--Section
3501(a)(5) of title 38, United States Code, is amended by inserting
after the second sentence the following new sentence: ``Such term also
includes preparatory courses for licensing or certification tests
described in the preceding sentence, as designated by the Secretary.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is two years after the date of the
enactment of this Act.
SEC. 8. USE OF EDUCATIONAL ASSISTANCE TO REPAY FEDERAL STUDENT LOANS.
(a) In General.--Subchapter II of chapter 30 of title 38, United
States Code, as amended by section 4, is further amended by inserting
after section 3020A the following new section:
``Sec. 3020B. Use of educational assistance benefits for the repayment
of Federal student loans for certain courses of education
``(a) Use of Benefits.--Notwithstanding any other provision of this
chapter, an individual who is serving on active duty and who is
entitled to educational assistance under this subchapter may apply
amounts of such educational assistance otherwise available to the
individual to repay some or all of any Federal student loan balance
owed by the individual for a course of education.
``(b) Limitation on Payments.--(1) The amount of an individual's
entitlement to educational assistance that the individual may apply to
the repayment of a student loan balance under subsection (a) may not
exceed $6,000 in any 12-month period.
``(2) In no event shall payment of educational assistance under
this section exceed the amount of the individual's available
entitlement under this chapter.
``(c) Amount of Payments.--The Secretary shall make monthly
payments under this section in such amounts as the individual may elect
for the repayment of a Federal student loan of such an individual.
``(d) Arrangements To Make Payments.--The Secretary shall enter
into such arrangements, and shall prescribe such regulations, as may be
necessary to carry out this section.
``(e) Federal Student Loan Defined.--In this section, 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.).''.
(b) Clerical Amendment.--The table of sections of subchapter II of
chapter 30 of such title is amended by inserting after the item
relating to section 3020 the following new item:
``3020B. Use of educational assistance benefits for the repayment of
Federal student loans for certain courses
of education.''.
(c) Effective Date.--Section 3020B of title 38, United States Code,
as added by subsection (a) shall apply with respect to educational
assistance paid for months beginning after the date that is two years
after the date of the enactment of this Act.
SEC. 9. OPPORTUNITY TO WITHDRAW ELECTION NOT TO ENROLL IN EDUCATIONAL
ASSISTANCE PROGRAM.
(a) Basic Educational Assistance for Active Duty Service.--
(1) Opportunity to withdraw.--Subsection (c) of section
3011 of title 38, United States Code, is amended by adding at
the end the following new paragraph:
``(4) An individual who makes an election not to receive
educational assistance under paragraph (1) may withdraw that election
at any time and, after making such withdrawal, shall be entitled to
educational assistance under this chapter in the same manner as if the
individual had never made that election, if--
``(A) at the time the individual makes such withdrawal, the
individual is serving on active duty as a member of the Armed
Forces; and
``(B) the basic pay of the individual is reduced by, or the
individual otherwise pays to the Secretary, $1,200 by not later
than 90 days after the date on which the individual is
discharged or released from active duty in the Armed Forces.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended in the third sentence by striking ``Any individual''
and inserting ``Except as provided in paragraph (4), any
individual''.
(b) Basic Educational Assistance for Service in the Selected
Reserve.--
(1) Opportunity to withdraw.--Subsection (d) of section
3012 of title 38, United States Code, is amended by adding at
the end the following new paragraph:
``(4) An individual who makes an election not to receive
educational assistance under paragraph (1) may withdraw that election
at any time and, after making such withdrawal, shall be entitled to
educational assistance under this chapter in the same manner as if the
individual had never made that election, if--
``(A) at the time the individual makes such withdrawal, the
individual is serving on active duty as a member of the Armed
Forces; and
``(B) the basic pay of the individual is reduced by, or the
individual otherwise pays to the Secretary, $1,200 by not later
than 90 days after the date on which the individual is
discharged or released from active duty in the Armed Forces.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended in the third sentence by striking ``Any individual''
and inserting ``Except as provided in paragraph (4), any
individual''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 90 days after the date of the
enactment of this Act and shall apply with respect to an individual who
is serving on active duty as a member of the Armed Forces on or after
that date.
SEC. 10. MONTGOMERY GI BILL BENEFITS NOT TO REDUCE FINANCIAL AID.
(a) In General.--Section 480(j) of the Higher Education Act of 1965
(20 U.S.C. 1087vv(j)) Act is amended--
(1) in paragraph (1), by striking ``including veterans'
education benefits as defined in subsection (c),'' and
inserting ``including, subject to paragraph (4), veterans'
education benefits as defined in subsection (c),''; and
(2) by adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (1), estimated financial assistance
not received under this title shall not include any veterans' benefits
paid under chapter 30 of title 38, United States Code.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
SEC. 11. EXTENSION OF INCREASE IN BENEFIT FOR CERTAIN INDIVIDUALS
PURSUING APPRENTICESHIPS OR ON-JOB TRAINING.
(a) Survivors and Dependents.--Subsection (c) of such section is
amended by striking ``January 1, 2008'' and inserting ``January 1,
2014''.
(b) Members of the Selected Reserve.--Section 103(d) of the
Veterans Earn and Learn Act of 2004 (Public Law 108-454; 38 U.S.C. 3032
note) is amended by striking ``January 1, 2008'' and inserting
``January 1, 2014''.
(c) Certain Other Individuals.--Section 103(a) of the Veterans Earn
and Learn Act of 2004 (Public Law 108-454; 38 U.S.C. 3032 note) is
amended by striking ``January 1, 2008'' and inserting ``January 1,
2014''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act.
SEC. 12. MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT OF STATE
AND LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION
BENEFITS.
Section 3674(a)(4) of title 38, United States Code, is amended by
striking ``$13,000,000'' and all that follows through ``fiscal year
2007,''.
SEC. 13. PROVISION OF BASIC EDUCATIONAL ASSISTANCE BENEFITS FOR
VETERANS DISCHARGED FROM ACTIVE DUTY WITH GENERAL
DISCHARGE.
(a) Active Duty Service.--Section 3011(a)(3)(B) of title 38, United
States Code, is amended by inserting ``or a general discharge (under
honorable conditions)'' before the period at the end.
(b) Service in Selected Reserve.--Section 3012(a)(3)(A) of such
title is amended by inserting ``or a general discharge (under honorable
conditions)'' before the semicolon.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to an individual who is discharged from
service in the Armed Forces after the date that is 90 days after the
date of the enactment of this Act.
SEC. 14. INCREASE IN AMOUNT OF REPORTING FEE PAYABLE TO EDUCATIONAL
INSTITUTIONS THAT ENROLL VETERANS RECEIVING EDUCATIONAL
ASSISTANCE.
(a) Increase in Amount of Fee.--Subsection (c) of section 3684 of
title 38, United States Code, is amended--
(1) by striking ``$7'' and inserting ``$21''; and
(2) by striking ``$11'' and inserting ``$21''.
(b) Technical Correction.--Subsection (a) of such section is
amended by striking the second comma after ``34''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 90 days after the date of the
enactment of this Act.
SEC. 15. PROVISION OF ADDITIONAL AREAS OF WORK-STUDY FOR VETERANS.
(a) In General.--Subsection (a)(4) of section 3485 of title 38,
United States Code, is amended by adding at the end the following new
subparagraph:
``(G) The provision of placement services described in
section 3104(a)(5) of this title at an educational institution
carried out under the supervision of a Department employee.''.
(b) Work Study for Students Enrolled on Half-Time Basis.--
Subsection (b) of such section is amended--
(1) in the first sentence, by striking ``three-quarters''
and inserting ``half''; and
(2) in the third sentence, by striking ``three-quarter-
time'' and inserting ``half-time''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to agreements entered into under section 3485 of
title 38, United States Code, after the date that is 90 days after the
date of the enactment of this Act.
SEC. 16. 5-YEAR PILOT PROGRAM FOR ON-CAMPUS WORK-STUDY POSITIONS.
(a) Establishment of Pilot Program.--The Secretary of Veterans
Affairs shall conduct a five-year pilot project to test the feasibility
and advisability of expanding the scope of qualifying work-study
activities under subsection (a)(4) of section 3485 of title 38, United
States Code, including work-study positions available on site at
educational institutions.
(b) Type of Work-Study Positions.--The work-study positions
referred to in subsection (a) may include positions in academic
departments (including positions as tutors or research, teaching, and
lab assistants) and in student services (including positions in career
centers and financial aid, campus orientation, cashiers, admissions,
records, and registration offices).
(c) Regulations.--The Secretary shall prescribe regulations to
carry out the pilot project under this section, including regulations
providing for the supervision of work-study positions referred to in
subsection (a) by appropriate personnel.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $10,000,000 for each of fiscal years 2009
through 2012 to carry out the pilot project under this section.
SEC. 17. INCREASE IN EMPLOYEES FOR EDUCATION SERVICE.
The Secretary of Veterans Affairs shall increase the number of
full-time employees of the Education Service of the Department of
Veterans Affairs by 150 additional such employees.
SEC. 18. UPGRADE OF CERTAIN INFORMATION TECHNOLOGY.
(a) Action Plan Required.--The General Information Officer of the
Department of Veterans Affairs, in coordination with the Director of
Education, shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives and action plan describing how the
General Information Officer and Director of Education intend to upgrade
the information technology system of the Department of Veteran Affairs
that is used in connection with the administration of educational
benefits under laws administered by the Secretary of Veterans Affairs.
The General Information Officer and Director of Education shall update
the committees at least annually on any progress made in upgrading such
system.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to upgrade the information technology system of the
Department of Veteran Affairs that is used in connection with the
administration of educational benefits under laws administered by the
Secretary of Veterans Affairs--
(1) $8,000,000 for fiscal year 2009; and
(2) $3,000,000 for each of fiscal years 2010, 2011, and
2012.
SEC. 19. MODIFICATION OF ADVANCE PAYMENT OF INITIAL EDUCATIONAL
ASSISTANCE OR SUBSISTENCE ALLOWANCE.
(a) Modification.--Section 3680(d)(2) of title 38, United States
Code, is amended by inserting after the third sentence the following
new sentence: ``For purposes of the entitlement to educational
assistance of the veteran or person receiving an advance payment under
this subsection, the advance payment shall be charged against the final
month of the entitlement of the person or veteran and, if necessary,
the penultimate such month. In no event may any veteran or person
receive more than one advance payment under this subsection during any
academic year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to an advance payment of educational assistance made
after the date that is 90 days after the date of the enactment of this
Act.
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