[Congressional Record Volume 147, Number 156 (Tuesday, November 13, 2001)]
[House]
[Pages H8118-H8119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              RESERVISTS EDUCATION PROTECTION ACT OF 2001

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3240) to amend title 38, United States Code, to 
restore certain education benefits of individuals being ordered to 
active duty as part of Operation Enduring Freedom.
  The Clerk read as follows:

                               H.R. 3240

       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 ``Reservists Education 
     Protection Act of 2001''.

     SEC. 2. RESTORATION OF CERTAIN EDUCATION BENEFITS OF 
                   INDIVIDUALS BEING ORDERED TO ACTIVE DUTY AS 
                   PART OF OPERATION ENDURING FREEDOM.

       (a) In General.--Sections 3013(f)(2)(A), 3231(a)(5)(B)(i), 
     and 3511(a)(2)(B)(i) of title 38, United States Code, are 
     each amended by striking ``, in connection with the Persian 
     Gulf War, to serve on active duty under section 672 (a), (d), 
     or (g), 673, 673b, or 688 of title 10;'' and inserting ``to 
     serve on active duty under section 688, 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10;''.
       (b) Conforming Amendments.--Sections 3013(f)(2)(B) and 
     3231(a)(5)(B)(ii) of such title are each amended by striking 
     ``, in connection with such War,''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on September 11, 2001.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, as chairman of the Committee on Veterans' Affairs, I 
strongly encourage Members to support H.R. 3240, the Reservist 
Education Protection Act of 2001, and am pleased that the gentleman 
from Illinois (Mr. Evans) has joined me in sponsoring this. We are up 
to 34 Members who have cosponsored this important legislation.
  Mr. Speaker, as many as 10,000 of the 50,000 Reservists and Guard 
members the President called to active duty on September 18, 2001, may 
have had their education interrupted by their selfless service to our 
Nation. These service members should not lose any of the educational 
benefits they have earned because they answered the call to duty. The 
Reservist Education Protection Act of 2001 would reinstate VA 
educational entitlement to those called up for Operation Enduring 
Freedom, as well as those called up in future national emergencies.
  This bipartisan legislation would allow any service member who is 
mobilized after September 11 and had to disenroll from college or other 
schools to regain any monthly VA educational entitlement payments lost 
due to the call-up. Our bill accomplishes this by increasing the number 
of months of VA education entitlement equal to the months deducted for 
the incomplete course. These men and women would also regain time to 
attend school by extending the 10 years that they already have to use 
their benefit by a period equal to the period of active duty for which 
they were called up, plus 4 months. For example, if a service member is 
mobilized for 6 months, he or she would have 10 months added to his or 
her 10-year delimiting period.
  Mr. Speaker, in 1991, during the Persian Gulf War, Congress addressed 
this same issue and protected VA educational entitlements under both 
the chapter 30 Montgomery GI bill active duty program and the then-
chapter 106 program for members of the Selected Reserve. Such 
protections were for the Persian Gulf War only.
  I would note that the service members using the current chapter 1606 
Montgomery GI bill program under title 10, U.S. Code, are already 
protected.
  Let us tell the men and women mobilized that Congress stands with 
them as they serve our Nation during Operation Enduring Freedom. I urge 
support of H.R. 3240.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I strongly support the measure before us and salute the 
chairman, the gentleman from New Jersey (Mr. Smith).
  Qualifying veterans, members of the Guard and Reserve and service 
members serving on active duty are eligible for veterans' educational 
benefits administered by the Department of Veterans Affairs. Those 
eligible for VA education benefits are entitled to receive a specified 
number of monthly payments to further their education.
  During a period of conflict, active duty servicemen and Reservists 
may need to leave school before an academic term has been completed in 
order to perform military service in the Nation's defense. Although 
these men and women have used a part of their VA education benefits to 
begin a term of study, they are unable to complete their academic work. 
Unfortunately, under current law, the entitlement these men and women 
have used is not restored for their future use even though their 
studies have been interrupted to serve this Nation.
  During the Gulf War, Congress addressed this issue to protect the 
education benefits of our men and women in uniform. Chapter 30 in title 
38, as well as chapter 1606 in title 10, were amended to provide for 
reinstating a veteran student's entitlement to provide for reinstating 
a veteran student's entitlement to education benefits if the courses in 
which he was enrolled were interrupted for active duty service.

                              {time}  2145

  This applied equally to chapter 1606 and chapter 30 beneficiaries 
and, importantly, the reinstated benefits had to be ``in connection 
with the Persian Gulf War.'' In 1999, Congress amended this law by 
deleting the limiting language for chapter 1606. Because of this

[[Page H8119]]

deletion, current chapter 1606 beneficiaries who discontinue school for 
active duty service will indeed have their entitlements reinstated.
  Mr. Speaker, in the case of an individual who has been receiving 
educational benefits from the VA, but is prevented from completing his 
or her coursework as a result of changed military duties or because of 
activation, this bill would rightfully restore his or her entitlement 
that was being used for interrupted schooling. Thus, upon returning to 
school, H.R. 3240 would permit the individual to resume their 
educational pursuit with the amount of entitlement they possessed 
before entering the interrupted academic term.
  The Nation devoted this past weekend to its solemn recognition of the 
brave men and women who have served this country. In the natural 
extension of this spirit and in the best interests of the future of the 
men and women in the Armed Forces, I strongly urge my colleagues to 
support H.R. 3240.
  The name of the gentleman from New Jersey is strongly associated with 
this bill. I look forward to working with him in the implementation of 
this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  I thank the gentleman for his kind comments. We do work, I think, 
very well as a team on behalf of veterans.


                             General Leave

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include any extraneous material to the bill, 
H.R. 3240.
  The SPEAKER pro tempore (Mr. Forbes). Is there objection to the 
request of the gentleman from New Jersey?
  There was no objection.
  Mr. SIMMONS. Mr. Speaker, I rise today in support of H.R. 3240, the 
Reservists Education Protection Act of 2001, and I commend Chairman 
Smith and Ranking Member Evans for their leadership in introducing this 
bill today.
  This bipartisan bill restores important Veterans Administration 
education benefits to those active duty, reserve and guard personnel 
who have been called up for Operation Enduring Freedom.
  It has been estimated that up to 10,000 of the 50,000 reservists and 
guard members recently called up to active duty by President Bush as a 
result of the September 11th attacks on the United States will lose 
educational assistance benefits if they are forced to withdraw from 
school. Many of these men and women will also lose the tuition they 
have already paid for their education to date.
  As a Vietnam Veteran, I know the value of educational benefits to 
military personnel returning from a war zone and trying to develop 
their skills to get a decent job. As someone who has spent over 30 
years in the U.S. Army Reserve, I also know that educational benefits 
are one the most popular tools we use to retain and keep quality 
personnel in military. It is critically important that we preserve and 
protect the Montgomery GI Bill benefits that are offered to our service 
members.
  Under the provisions of this legislation, those military personnel 
who are using their Montgomery GI Bill benefits and who are called up 
for Operation Enduring Freedom will have their monthly benefits 
restored.
  Active duty service members, reservists, guard personnel and veterans 
enrolled in the Post-Vietnam Era Veterans' Educational Assistance 
Program, and the Survivors and Dependents Educational Assistance 
Program, will also be included within this legislation.
  Service members will regain essential time to attend school by 
extending their Montgomery GI Bill date by the time of their 
mobilization tour of duty, plus four months, to the 10-year period of 
eligibility they already have. Congress provided similar relief during 
the War in the Gulf.
  I urge my colleagues to support those patriotic service men and women 
who are responding to the call of duty at this challenging time. 
Preserve and protect their educational benefits while they are off 
fighting international terrorists who have viciously attacked our 
Nation. Pray that they get back safely and help them get back to school 
when they do return.
  Mr. FILNER. Mr Speaker and colleagues, I express my strong support 
for H.R. 3240, the Reservists Education Protection Act of 2001.
  We are facing a situation in which many of the men and women, 
currently pursuing their education with VA educational benefits, may 
need to leave school before the academic term is completed when they 
are called to serve in the war against terrorism. As many as 8,000 to 
10,000 of the reservists, now being called up, will have no 
reinstatement of their educational benefits for classes that were 
interrupted.
  This legislation will restore their entitlement for benefits and 
allow them to complete their education which has been interrupted by 
our fight against terrorism.
  We are in a new type of war, one which seeks to deter those who 
seemingly have no moral compass and who are willing to kill innocent 
civilians in great numbers. Now, more than ever, we need to support our 
brave soldiers who are putting their lives on hold to protect our 
nation, and indeed, to protect the world. As a co-sponsor of this bill, 
I urge my colleagues to support H.R. 3240!
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and pass the bill, H.R. 3240.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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