[Congressional Record Volume 154, Number 35 (Monday, March 3, 2008)]
[Senate]
[Pages S1468-S1469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 2683. A bill to amend title 38, United States Code, to modify 
certain authorities relating to educational assistance benefits for 
veterans, and for other purposes; to the Committee on Veterans' 
Affairs.
  Mr. AKAKA. Mr. President, I am introducing today the proposed GI Bill 
Miscellaneous Improvements Act of 2008. This measure would make three 
minor but important changes in existing law relating to veterans' 
educational assistance programs.
  In 2001, Public Law 107-103 established a program of accelerated 
payments for individuals enrolled in high-cost programs of educational 
assistance leading to employment in high technology industry. It is 
generally agreed that the intent of that legislation was that payments 
were to be effective with respect to short, non-degree programs of 
education. For example, Senate Report 107-86 stated:

       Microsoft, Cisco, and other technical training for 
     certification is offered through training centers, private 
     contractors to community colleges, or by the companies 
     themselves. These courses often last just a few weeks or 
     months, and can cost many thousands of dollars . . .
       During the Committee's June 28th hearing, Dr. Leo Mackay, 
     Deputy Secretary of the Department of Veterans Affairs, 
     testified that ``providing educational benefits for pursuit 
     of these [technology] courses is fully

[[Page S1469]]

     consonant with MGIB purposes.'' David Tucker, Senior 
     Associate Legislative Director of the Paralyzed Veterans of 
     America, also testified that, ``If the MGIB is to be used not 
     only for recruitment purposes, but also as a means of 
     enabling a veteran to make a smooth transition back to 
     civilian life, then S. 1088 [allowing veterans to use their 
     MGIB benefits in courses leading to certification in 
     technical fields] is a vital means to accomplish these 
     goals.''

  As enacted, however, the payments are made to individuals pursuing 
any courses in the high technology sector including associate and 
degree programs.
  The legislation I am introducing would correct this oversight 
prospectively, while holding harmless those individuals who might be 
receiving accelerated payments for degree programs at this time.
  Public Law 107-103 also expanded the scope of work that could be 
assigned to individuals participating in VA work study programs. 
Specifically, it added to acceptable activities certain outreach 
services programs, activities relating to hospital and domiciliary care 
to veterans in State homes, and activities relating to the 
administration of national or state veterans' cemeteries.
  As enacted, this expansion of scope was initially made available 
until December 31, 2006. Public Law 109-461 extended the scope 
expansion until June 30, 2007. Since legislation extending the scope 
expansion was stalled in Congress, there was a disruption in the 
provision of these important activities until Public Law 110-157, 
enacted on December 26, 2007, extended this expansion until June 30, 
2010.
  My proposal would make this activity expansion permanent so that the 
unfortunate disruption that occurred this year will not occur in the 
future. I note that this provision does not affect the number of VA 
work study positions that may be made available. It only addresses the 
type of activities that may be carried out under the program.
  Finally, this bill would authorize appropriations for VA payments to 
State Approving Agencies. Under provisions of chapter 36 of title 38, 
U.S. Code, VA contracts for the services of State approving agencies--
SAAs--for the purpose of approving programs of education at 
institutions of higher learning, apprenticeship programs, on-job 
training programs, and other programs. SAAs are also tasked with 
assisting VA with various outreach activities to inform eligible VA 
program participants of the educational assistance benefits to which 
they are entitled.
  Since 1988, VA payment for the services of SAAs has been made only 
out of funds available for readjustment benefits, a mandatory funding 
account, and has thus been subject to funding caps. Section 3674(a)(4) 
of title 38, U.S. Code, states as follows: ``The total amount made 
available under this section for any fiscal year may not exceed 
$13,000,000 or, for fiscal year 2007, $19,000,000.'' Thus, under 
existing law, the cap on the amount of funds that could be made 
available in fiscal years 2008 and beyond would revert to funding 
levels applied prior to fiscal year 2000--or a reduction of more than 
32 percent.
  A provision in S. 1315 that would restore the $19 million cap on 
funding is currently pending in the Senate, and a $19 million funding 
level was provided for through the appropriations process. However, the 
measure I am introducing would look beyond this fiscal year and address 
the needs of the program in the future.
  By authorizing appropriations for the SAAs, I believe that the 
program will be able to justify increases in the current funding level 
beyond the $19 million level to which they would be restricted for all 
fiscal years going forward. Further, I believe that the current cap on 
funding, although to some appearing attractive because it seems to 
offer some stability by pulling from the mandatory funding readjustment 
benefits account, actually offers no such stability as VA could at any 
time determine that $2 million ``does not exceed'' $19 million.
  I am committed to seeking an adequate level of funding for the 
important activities of the SAAs and believe that this approach would 
assist in achieving that goal.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

                                S. 2683

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2683

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

     SECTION 1. LIMITATION TO NON-DEGREE PROGRAMS OF ACCELERATED 
                   PAYMENTS OF EDUCATIONAL ASSISTANCE LEADING TO 
                   EMPLOYMENT IN HIGH TECHNOLOGY INDUSTRY.

       (a) Limitation.--Section 3014A(b)(1) of title 38, United 
     States Code, is amended by inserting ``not leading to an 
     associate or higher degree'' after ``approved program of 
     education''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to individuals who first elect to receive 
     accelerated payments of basic educational assistance under 
     section 3014A of title 38, United States Code, on or after 
     that date.

     SEC. 2. REPEAL OF DELIMITING PERIODS FOR EXPANSION OF WORK-
                   STUDY ALLOWANCE OPPORTUNITIES.

       Section 3485(a)(4) of title 38, United States Code, is 
     amended--
       (1) in subparagraphs (A) and (C), by striking ``, during 
     the period preceding June 30, 2010,'' each place it appears; 
     and
       (2) in subparagraph (F), by striking ``During the period 
     preceding June 30, 2010, an activity'' and inserting ``An 
     activity''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR AMOUNTS FOR 
                   REIMBURSEMENT OF EXPENSES OF STATE AND LOCAL 
                   AGENCIES IN THE ADMINISTRATION OF EDUCATIONAL 
                   BENEFITS.

       (a) In General.--Paragraph (4) of subsection (a) of section 
     3674 of title 38, United States Code, is amended to read as 
     follows:
       ``(4) There are authorized to be appropriated to carry out 
     this section amounts as follows:
       ``(A) For fiscal year 2009, $22,000,000.
       ``(B) For fiscal year 2010, $24,000,000.
       ``(C) For fiscal year 2011, $26,000,000.
       ``(D) For fiscal years after 2011, such sums as may be 
     necessary.''.
       (b) Conforming Amendment.--Paragraph (2)(A) of such 
     subsection is amended by striking ``out of amounts available 
     for the payment of readjustment benefits'' and inserting 
     ``out of amounts appropriated for the purpose of carrying out 
     this section''.
                                 ______