[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[House]
[Pages H6255-H6257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   COLONEL JOHN M. McHUGH TUITION FAIRNESS FOR SURVIVORS ACT OF 2021

  Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the 
bill (S.

[[Page H6256]]

1095) to amend title 38, United States Code, to provide for the 
disapproval by the Secretary of Veterans Affairs of courses of 
education offered by public institutions of higher learning that do not 
charge veterans the in-State tuition rate for purposes of Survivors' 
and Dependents' Educational Assistance Program, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1095

       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 ``Colonel John M. McHugh 
     Tuition Fairness for Survivors Act of 2021''.

     SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES 
                   OFFERED BY PUBLIC INSTITUTIONS OF HIGHER 
                   LEARNING THAT DO NOT CHARGE VETERANS THE IN-
                   STATE TUITION RATE FOR PURPOSES OF SURVIVORS' 
                   AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM.

       (a) In General.--Section 3679(c) of title 38, United States 
     Code, is amended--
       (1) in paragraph (1), by striking ``or 33'' and inserting 
     ``33, or 35'';
       (2) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(D) An individual who is entitled to assistance under 
     section 3510 of this title.''; and
       (3) in paragraph (6), by striking ``and 33'' and inserting 
     ``33, and 35''.
       (b) Conforming Amendments.--Section 3679(e) of such title 
     is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``or 33'' and 
     inserting ``, 33, or 35''; and
       (B) in subparagraph (B), by striking ``or 33'' and 
     inserting ``33, or 35''; and
       (2) in paragraph (2), by striking ``or 33'' and inserting 
     ``33, or 35''.
       (c) Effective Date.--The amendments made by this Act shall 
     take effect on the date of the enactment of this Act and 
     shall apply with respect to an academic period that begins on 
     or after August 1, 2022.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous material on S. 1095.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of S. 1095, the Colonel John M. 
McHugh Tuition Fairness for Survivors Act.
  This bill codifies an important protection for beneficiaries using 
the Department of Veterans Affairs Survivors' and Dependents' 
Educational Assistance Program, or DEA. Through the DEA program, VA 
helps cover the cost of a beneficiary's school or job training.
  This bill requires that public institutions of higher learning only 
charge in-State tuition for those utilizing the DEA program.
  There are currently over 150,000 beneficiaries utilizing the DEA 
program. These beneficiaries are the survivors of brave women and men 
who died serving our country and the dependents of 100 percent service-
connected disabled veterans.
  Currently, this benefit equates to about $11,000 a year for most 
students. With the increasing costs of higher education, $11,000 does 
not cover all of a beneficiary's tuition costs at most schools, 
including public institutions where the student beneficiary would be 
considered out-of-State.

                              {time}  1730

  S. 1095 would provide parity for students using the DEA program with 
the Forever GI Bill program by requiring public institutions to charge 
in-State tuition for student veterans. This legislation has the strong 
endorsement of the Tragedy Assistance Program for Survivors.
  Mr. Speaker, I wish to thank Speaker Pelosi and Leader Hoyer for 
bringing this legislation to the floor, and I urge the rest of my 
colleagues to support this legislation to ensure the survivors and 
dependents of those who bravely serve our country are not hindered by 
tuition costs when pursuing their education.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 1095, the Colonel John M. McHugh 
Tuition Fairness for Survivors Act of 2021. This bill would expand the 
in-State tuition requirements to dependents and survivors of eligible 
veterans through the Survivors' and Dependents' Educational Assistance, 
or the DEA program.
  The DEA program provides $1,224 a month in tax-free benefits directly 
to the eligible participants to help cover the costs of higher 
education or training.
  Dependents are eligible for this program if the veteran died while on 
Active Duty, is a former prisoner of war, or has a permanent and total 
service-connected disability rating or dies from a service-connected 
disability.
  By expanding the in-State tuition requirements, we will make it 
easier for DEA participants to complete their studies without 
additional debt.
  Mr. Speaker, I am pleased that the bill is named in honor of Colonel 
John McHugh. Colonel McHugh was killed in action on May 18, 2010, by a 
suicide bomber in Afghanistan after serving his country for 24 years. 
This bill honors his sacrifice.
  I thank Senator Moran, ranking member of the Senate Committee on 
Veterans' Affairs, as well as Congressman Moore, for their hard work in 
crafting this commonsense piece of legislation.
  Mr. Speaker, I urge all my colleagues to support S. 1095, and I 
reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I am prepared to close, and I reserve the 
balance of my time.
  Mr. BOST. Mr. Speaker, I yield 2 minutes to the gentleman from 
Alabama (Mr. Moore), my friend.
  Mr. MOORE of Alabama. Mr. Speaker, today, I rise in support of the 
Senate version of my bill, the Colonel John M. McHugh Tuition Fairness 
for Survivors Act.
  Members of our military and their families sacrifice so much in 
service to our country. As a grateful Nation, we have accepted a 
responsibility to ensure that the educational needs of the survivors 
and dependents of our fallen heroes are provided for.
  The Dependents Educational Assistance program currently provides 
$1,224 a month to eligible participants to help cover the costs of 
higher education. The program is available for survivors, dependents of 
certain servicemembers who died on Active Duty, or later found to be 
100 percent service-connected disabled or died in a service-connected 
disability.
  The Colonel John M. McHugh Tuition Fairness for Survivors Act would 
expand the DEA program benefits, requiring GI Bill eligible schools to 
extend in-State tuition benefits to beneficiaries of the Dependents 
Educational Assistance Program, bringing the rules for this program in 
line with the Post-9/11 GI Bill.
  It is fitting that this bill bears the name of U.S. Army Colonel John 
McHugh. Colonel McHugh was tragically killed 11 years ago by a roadside 
bomb in Afghanistan. The loved ones left behind by this fallen hero 
have suffered unimaginable pain. The least we can do for his family and 
others like him is to honor our commitment to them and ensure their 
education is affordable. Colonel McHugh's family resides in my 
southeast Alabama district in Enterprise. It gives me great pride to 
name this bill in honor of the Colonel McHugh's legacy.
  Mr. Speaker, this legislation is a commonsense solution to help our 
heroes' families meet their higher education goals. I urge my 
colleagues to vote in favor of this bill.
  Mr. BOST. Mr. Speaker, I encourage all of my colleagues to support 
this bill, and I yield back the balance of my time.
  Mr. TAKANO. Mr. Speaker, I urge all of my colleagues to join me in 
passing S. 1095, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, S. 1095.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TAKANO. Mr. Speaker, on that I demand the yeas and nays.

[[Page H6257]]

  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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