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108th CONGRESS
2d Session
S. 2486
To amend title 38, United States Code, to improve and enhance
education, housing, employment, medical, and other benefits for
veterans and to improve and extend certain authorities relating to the
administration or benefits for veterans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 1, 2004
Mr. Specter (for himself and Ms. Murkowski) (by request) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve and enhance
education, housing, employment, medical, and other benefits for
veterans and to improve and extend certain authorities relating to the
administration or benefits for veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Improvements Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--EDUCATION BENEFITS
Sec. 101. Increase in maximum amount of contribution for increased
amount of basic educational assistance
under Montgomery GI Bill.
Sec. 102. Pilot program on additional two-year period for use of
entitlement by participants in Montgomery
GI Bill for vocational or job readiness
training.
Sec. 103. Exclusion of veterans education benefits in determination of
eligibility or amount of Federal
educational grants and loans.
Sec. 104. Collection of contributions for educational assistance under
Montgomery GI Bill from Reserves called to
active duty.
TITLE II--HOUSING BENEFITS
Sec. 201. Increase in maximum amount of housing loan guarantee.
Sec. 202. Permanent authority for guarantee of adjustable rate
mortgages.
Sec. 203. Permanent authority for guarantee of hybrid adjustable rate
mortgages and modification of guarantee
authority.
Sec. 204. Termination of collection of loan fees from veterans rated
eligible for compensation at pre-discharge
rating examinations.
TITLE III--OTHER BENEFITS AND BENEFITS MATTERS
Subtitle A--Employment Benefits
Sec. 301. Availability of administrative and judicial redress for
certain veterans denied opportunity to
compete for Federal employment.
Subtitle B--Medical Benefits
Sec. 311. Prohibition on collection of copayments for hospice care.
Subtitle C--Extension of Benefits and Related Authorities
Sec. 321. Extension of various authorities relating to benefits for
veterans.
Subtitle D--Other Matters
Sec. 331. Modification of definition of minority group member for
purposes of Advisory Committee on Minority
Veterans.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--EDUCATION BENEFITS
SEC. 101. INCREASE IN MAXIMUM AMOUNT OF CONTRIBUTION FOR INCREASED
AMOUNT OF BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY
GI BILL.
(a) Active Duty Benefit.--Section 3011(e)(3) is amended by striking
``$600'' and inserting ``$2,000''.
(b) Selected Reserve Benefit.--Section 3012(f)(3) is amended by
striking ``$600'' and inserting ``$2,000''.
SEC. 102. PILOT PROGRAM ON ADDITIONAL TWO-YEAR PERIOD FOR USE OF
ENTITLEMENT BY PARTICIPANTS IN MONTGOMERY GI BILL FOR
VOCATIONAL OR JOB READINESS TRAINING.
(a) In General.--(1) Subchapter I of chapter 30 is amended by
adding at the end the following new section:
``Sec. 3020A. Additional two-year period for use of entitlement for
vocational or job readiness instruction or training:
pilot program
``(a) Pilot Program Required.--(1) The Secretary shall carry out a
pilot program to assess the feasibility and advisability of permitting
individuals whose entitlement to basic educational assistance under
this chapter expires under section 3031 of this title before their
complete use of such entitlement to be entitled to an additional two-
year period for their use of such entitlement.
``(2) The pilot program shall commence six months after the date of
the enactment of this section, and shall terminate four years after the
date of the commencement of the pilot program.
``(b) Additional Two-Year Period of Entitlement.--Notwithstanding
any provision of section 3031 of this title, an individual described in
subsection (c) shall, at the expiration of the 10-year period beginning
on the educational assistance entitlement commencement date of such
individual, be entitled to an additional two-year period for the use of
entitlement to basic educational assistance under this chapter.
``(c) Eligible Individuals.--(1) An individual described in this
subsection is any individual who--
``(A) as of the end of the 10-year period beginning on the
educational assistance entitlement commencement date of such
individual--
``(i) would remain entitled to basic educational
assistance under this chapter but for the expiration of
the 10-year delimiting period applicable to such
individual under section 3031 of this title; and
``(ii) has not utilized all of the entitlement of
such individual to basic educational assistance under
this chapter; and
``(B) at the time of the application for entitlement under
this subsection (d), is accepted, enrolled, or otherwise
participating (as determined by the Secretary) in instruction
or training described in subsection (e).
``(2) This subsection does not apply to an individual otherwise
described by paragraph (1) whose remaining entitlement to basic
educational assistance under this chapter as described in subparagraph
(A)(ii) of that paragraph is based on the transfer of basic educational
assistance under section 3020 of this title.
``(d) Application.--(1) An individual seeking an additional two-
year period for the use of entitlement under this section shall submit
to the Secretary an application therefor containing such information as
the Secretary may require for purposes of this section.
``(2) The Secretary may not receive applications under this
subsection after the termination date of the pilot program under
subsection (a)(2).
``(e) Commencement of Additional Period for Use.--The additional
two-year period for the use of entitlement by an individual under this
section shall commence on the date the application of the individual
under subsection (d) is received by the Secretary if the Secretary
determines pursuant to a review of the application that the individual
is an individual described by subsection (c) for purposes of this
section.
``(f) Instruction or Training Covered by Additional Period for
Use.--(1) The instruction or training for which entitlement to basic
educational assistance under this chapter may be used during the
additional two-year period for the use of entitlement under this
section is as follows:
``(A) Education leading to employment in a high technology
industry for purposes of section 3014A of this title.
``(B) A full-time program of apprenticeship or other on-job
training approved as provided in clause (1) or (2), as
appropriate, of section 3687 of this title.
``(C) A cooperative program (as defined in section
3482(a)(2) of this title).
``(D) A licensing or certification test approved under
section 3689 of this title.
``(E) Training or education leading toward a professional
or vocational objective which has been approved in accordance
with the provisions of subchapter I of chapter 36 of this title
and is identified by the Secretary in regulations to be
prescribed by the Secretary for purposes of this section.
``(2) Entitlement to basic educational assistance under this
chapter may not be used during the additional two-year period for the
use of entitlement under this section for the instruction or training
as follows:
``(A) General education leading toward a standard college
degree (as defined in section 3452(g) of this title), unless
the program or training concerned will result in an associates
degree that is approved by the Secretary in the manner
specified in paragraph (1)(E) to be necessary to obtain a
professional or vocational objective.
``(B) Preparatory courses for a test that is required or
used for admission to an institution of higher education or
graduate school.
``(g) Coordination With Certain Other Benefits.--(1) An individual
entitled to basic educational assistance under subsection (c) is
entitled to educational and vocational counseling under section 3697A
of this title in connection with the use of entitlement under this
section.
``(2) An individual using entitlement to basic educational
assistance under this chapter during the additional two-year period for
the use of entitlement under this section is not entitled during the
use of such entitlement to the following:
``(A) Supplemental educational assistance under subchapter
III of this chapter.
``(B) A work-study allowance under section 3485 of this
title.
``(h) Educational Assistance Entitlement Commencement Date
Defined.--In this section, the term `educational assistance entitlement
commencement date', in the case of an individual described in
subsection (b)(1), means the date on which begins the period during
which the individual may use the individual's entitlement to
educational assistance under chapter as determined under section 3031
of this title.
``(i) Effect of Termination of Pilot Program.--The termination of
the pilot program under subsection (a)(2) shall not effect the
continuing use of entitlement under this section of any individual
whose additional two-year period for the use of entitlement under this
section continues after the date of the termination of the pilot
program under that subsection.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3020 the
following new item:
``3020A. Additional two-year period for use of entitlement for
vocational or job readiness instruction or
training: pilot program.''.
(b) Cross-Reference Amendment.--Section 3031 is amended--
(1) in subsection (a), by striking ``subsections (b)
through (g), and subject to subsection (h),'' and inserting
``subsections (b) through (h), and subject to subsection
(i),'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following new
subsection (h):
``(h) An individual whose period for the use of entitlement to
basic educational assistance under this chapter would otherwise expire
under this section may be eligible for an additional two-year period
for the use of entitlement under section 3020A of this title.''.
SEC. 103. EXCLUSION OF VETERANS EDUCATION BENEFITS IN DETERMINATION OF
ELIGIBILITY OR AMOUNT OF FEDERAL EDUCATIONAL GRANTS AND
LOANS.
(a) In General.--(1) Subchapter II of chapter 36 is amended by
inserting after section 3694 the following new section:
``Sec. 3694A. Exclusion of veterans education benefits in determination
of eligibility or amount of Federal education grants and
loans
``(a) Exclusion.--Notwithstanding any other provision of law and
subject to subsection (b), education benefits shall not be considered
as income, assets, or other monetary resource in determining
eligibility for, or the amount of, grant or loan assistance provided
under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.).
``(b) Exception.--In the case of campus-based student financial
assistance, the amount of such assistance for which an individual would
otherwise be eligible without taking into consideration education
benefits as described in subsection (a) shall be reduced to the extent
that the sum of such amount, the amount of the education benefits of
the individual, and the amount of the Federal Pell Grant, if any, of
the individual exceeds the cost of attendance of the individual.
``(c) Definitions.--In this section:
``(1) The term `campus-based student financial assistance'
means grant, work, or loan assistance provided under subpart 3
of part A, and parts C and E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b et seq; 42 U.S.C. 2751
et seq.; 20 U.S.C. 1087aa et seq.).
``(2) The term `cost of attendance' has the meaning given
such term in section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087ll).
``(3) The term `education benefits' means education
benefits under chapters 30, 32, and 35 of this title and under
chapter 1606 of title 10.
``(4) The term `Federal Pell Grant' means a grant provided
under subpart 1 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a).''.
(2) The table of sections at the beginning of chapter 36 is amended
by inserting after the item referring to section 3694 the following new
item:
``3694A. Exclusion of veterans education benefits in determination of
eligibility or amount of Federal education
grants and loans.''.
(b) Effective Date.--The amendments made by this section shall be
effective with respect to award years, as that term is defined in
section 481(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
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