110 HR 5034 IH: Veterans Education Benefits Extension U.S. House of Representatives 2008-01-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5034 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.

1.

Short title

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

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.

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). .

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.