[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5034 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5034

   To amend titles 10 and 38, United States Code, to extend the time 
  periods of for the use of educational assistance benefits to which 
  certain veterans and members of the reserve components are entitled 
                           under such titles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2008

 Mr. McNerney introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committee on 
 Veterans' Affairs, 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 extend the time 
  periods of for the use of educational assistance benefits to which 
  certain veterans and members of the reserve components are entitled 
                           under such titles.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Education Benefits 
Extension Act of 2008''.

SEC. 2. ELIMINATION OF TEN-YEAR TIME LIMIT FOR USE OF ENTITLEMENT TO 
              EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.

    (a) In General.--Chapter 31 of title 38, United States Code, is 
amended by striking section 3031.
    (b) Limitation on Benefit Increases.--Such title is further 
amended--
    (1) in section 3015(h)--
            (A) in paragraph (1), by striking ``With'' and inserting 
        ``Except as provided in paragraph (3), with''; and
            (B) by adding at the end the following new paragraph:
            ``(3) With respect to any fiscal year that begins after the 
        end of the 10-year period beginning on the date of the last 
        discharge or release from active duty of an individual entitled 
        to educational assistance under this chapter, the Secretary may 
        not provide an increase under this subsection in the rate 
        payable to the individual under subsection (a)(1) or (b)(1). 
        For any such fiscal year, the rate payable to the individual 
        shall be equal to the rate payable to that individual for the 
        last fiscal year that begins before the end of such period.''.
    (c) Limitation on Transfer of Entitlement.--Section 3020 of such 
title is amended by striking subsection (d) and inserting the following 
new subsection (d):
    ``(d) Limitations on Transfer.--(1) The total number of months of 
entitlement transferred by an individual under this section may not 
exceed 18 months.
    ``(2) An individual eligible to transfer the individual's 
entitlement to educational assistance under this section may not 
transfer the such entitlement after the end of the 10-year period 
beginning on the date of the individual's last discharge or release 
from active duty.''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by striking the item relating to section 3031.
    (e) Conforming Amendments.--Such title is further amended--
            (1) in section 3018C(e)(3)(B), by striking clause (iii); 
        and
            (2) in section 3020--
                    (A) in subsection (f), by striking ``Subject to the 
                time limitation for use of entitlement under section 
                3031 of this title, an individual'' and inserting 
                ``Subject to subsection (d)(2), an individual''; and
                    (B) in subsection (h)(5), by striking 
                ``Notwithstanding section 3031 of this title, a child'' 
                and inserting ``A child''.

SEC. 3. EXTENSION OF PERIOD FOR USE OF ENTITLEMENT BY MEMBERS OF THE 
              SELECTED RESERVE AND MEMBERS OF THE RESERVE COMPONENT 
              SUPPORTING CONTINGENCY OPERATIONS.

    (a) Members of the Selected Reserve.--Section 16133 of title 10, 
United States Code, is amended--
            (1) in subsection (a), by inserting after ``(2) on the 
        date'' the following: ``that is ten years after the date on 
        which''; and
            (2) in subsection (b), by striking paragraphs (2) and (3) 
        and redesignating paragraph (4) as paragraph (2).
    (b) Members of the Reserve Component Supporting Contingency 
Operations.--Section 16164 of title 10, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(a) Duration of Entitlement.--Except as provided in subsection 
(b), the period during which a person entitled to educational 
assistance under this chapter may use such person's entitlement expires 
(1) at the end of the 14-year period beginning on the date on which 
such person becomes entitled to such assistance, or (2) on the date 
that is ten years after the date on which the person is separated from 
the Selected Reserve or the Ready Reserve, whichever occurs first.''.
            (2) in subsection (b)--
                    (A) by striking ``(1)''; and
                    (B) by striking paragraph (2).
    (c) Conforming Amendment.--Section 16165(a) of such title is 
amended by striking paragraph (2) and inserting the following new 
paragraph (2):
            ``(2) on the date on which such person's entitlement 
        expires under section 16164(a).''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to an 
individual who becomes entitled to educational assistance on or after 
the date of the enactment of this Act.
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