II 

109TH CONGRESS 

1ST SESSION S. 1019 

To amend titles 10 and 38, United States Code, to increase benefits for 

members of the Armed Forces who, after September 11, 2001, serve 

on active duty outside the United States or its territories or possessions 

as part of a contingency operation (including a humanitarian operation, 

peacekeeping operation, or similar operation) or a combat operation. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2005 

Mr. DURBIN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend titles 10 and 38, United States Code, to increase 

benefits for members of the Armed Forces who, after 

September 11, 2001, serve on active duty outside the 

United States or its territories or possessions as part 

of a contingency operation (including a humanitarian 

operation, peacekeeping operation, or similar operation) 

or a combat operation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Welcome Home G.I. Bill Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—IMPROVEMENTS IN EDUCATION AND HOUSING 

BENEFITS 

Sec. 101. Montgomery G.I. Bill improvements. 

Sec. 102. Improved education benefits for reserve component members supporting contingency operations and certain other operations. 

Sec. 103. Increase in Home Purchase Benefits. 

TITLE II—IMPROVEMENTS IN HEALTH BENEFITS 

Sec. 201. Extension of transitional health care for certain uninsured veterans. 

Sec. 202. Clarification of predeployment and postdeployment medical exams. 

3 TITLE I—IMPROVEMENTS IN 

4 EDUCATION AND HOUSING 

5 BENEFITS 

6 SEC. 101. MONTGOMERY G.I. BILL IMPROVEMENTS. 

7 (a) INCREASE IN BENEFITS AND EXTENSION OF DU8 RATION OF EDUCATIONAL ASSISTANCE.—Section 3015 of 

9 title 38, United States Code, is amended— 

10 (1) in subsections (a)(1)(D) and (b)(1)(D), by 

11 striking ‘‘under subsection (h)’’ and inserting 

12 ‘‘under subsection (i)’’; 

13 (2) by redesignating subsection (h) as sub14 section (i); and 

15 (3) by inserting after subsection (g) the fol16 lowing new subsection (h): 

17 ‘‘(h)(1) The amount of basic educational allowance 

18 payable under this chapter to an individual referred to in 

19 paragraph (2) is the amount equal to 150 percent of the 
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1 amount determined under subsection (a) or (b), as the 

2 case may be, with respect to the individual. 

3 ‘‘(2)(A) Paragraph (1) applies to an individual enti4 tled to an educational assistance allowance under section 

5 3011 or 3012 of this title who, during the period described 

6 in paragraph (5), serves on active duty outside the United 

7 States or its territories or possessions as part of a contin8 gency operation (including a humanitarian operation, 

9 peacekeeping operation, or similar operation) or combat 

10 operation for a period of at least 6 consecutive months. 

11 ‘‘(B) The requirement of 6 consecutive months of 

12 service under paragraph (1) is not applicable to an indi13 vidual who is discharged or released from active duty in 

14 the Armed Forces after a period of consecutive months 

15 of service on active duty totaling less than 6 consecutive 

16 months— 

17 ‘‘(i) for a service-connected disability; 

18 ‘‘(ii) for a medical condition which preexisted 

19 such service on active duty and which the Secretary 

20 determines is not service-connected; 

21 ‘‘(iii) for hardship; 

22 ‘‘(iv) in the case of an individual discharged or 

23 released after 5 consecutive months of service on ac24 tive duty, for the convenience of the Government; 
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1 ‘‘(v) involuntarily for the convenience of the 

2 Government as a result of a reduction in force, as 

3 determined by the Secretary of the military depart4 ment concerned in accordance with regulations pre5 scribed by the Secretary of Defense or by the Sec6 retary of Homeland Security with respect to the 

7 Coast Guard when it is not operating as a service 

8 in the Navy; or 

9 ‘‘(vi) for a physical or mental condition that 

10 was not characterized as a disability, as described in 

11 section 3011(a)(1)(A)(ii)(I) of this title. 

12 ‘‘(3) The Secretary of Defense shall refund to each 

13 individual referred to in paragraph (2) all amounts re14 duced from the basic pay of, or collected by the Secretary 

15 from, the individual under section 3011(b) or 3012(c) of 

16 this title, as the case may be. 

17 ‘‘(4)(A) Upon completion of an approved course of 

18 education, an individual referred to paragraph (2) may 

19 apply amounts of increased basic educational assistance 

20 otherwise available to the individual under this section to 

21 repay some or all of the principal or interest on any Fed22 eral student loan of the individual. 

23 ‘‘(B) In no event shall payment of basic educational 

24 assistance under this paragraph exceed the amount of the 

25 individual’s available entitlement under this chapter. 
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1 ‘‘(C) In this paragraph, the term ‘Federal student 

2 loan’ means any loan made under title IV of the Higher 

3 Education Act of 1965 (20 U.S.C. 1070 et seq.). 

4 ‘‘(5) The period referred to in paragraph (2)(A) is 

5 the period which begins on September 11, 2001, and ends 

6 on the date that is five years after the date of the enact7 ment of the Welcome Home G.I. Bill Act of 2005.’’. 

8 (b) DURATION OF PAYMENTS.—Section 3013 of such 

9 title is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(g) In the case of an individual referred to in section 

12 3015(h)(2) of this title, the preceding provisions of this 

13 section shall be applied by substituting ‘48 months’ for 

14 ‘36 months’ each place it appears.’’. 

15 (c) CONFORMING AMENDMENTS.—(1) Section 

16 3014(b)(2)(B) of such title is amended by inserting ‘‘(or 

17 48 in the case of an individual referred to in section 

18 3015(h)(2) of this title)’’ after ‘‘36’’. 

19 (2) Section 3017(b)(2) of such title is amended— 

20 (A) in subparagraph (A), by striking ‘‘and’’ at 

21 the end; 

22 (B) in subparagraph (B), by striking the period 

23 at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following new sub25 paragraph: 
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1 ‘‘(C) the amount of any refund under section 

2 3015(h)(3) of this title.’’. 

3 (3) Section 3695(a) of such title is amended by in4 serting ‘‘, or 60 months in the case of an individual re5 ferred to in section 3015(h)(2) of this title’’ after ‘‘48 

6 months’’. 

7 SEC. 102. IMPROVED EDUCATION BENEFITS FOR RESERVE 

8 COMPONENT MEMBERS SUPPORTING CON9 TINGENCY OPERATIONS AND CERTAIN 

10 OTHER OPERATIONS. 

11 (a) INCREASE IN RATE OF EDUCATIONAL ASSIST12 ANCE.—Subsection (c) of section 16162 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(5) Notwithstanding paragraphs (2), (3), and (4), 

16 the educational assistance allowance provided under this 

17 chapter for a member of the reserve component called or 

18 ordered to active service in response to a war or national 

19 emergency declared by the President or the Congress who 

20 performs active duty service for 180 consecutive days be21 fore the date which is the last day of the five-year period 

22 that begins on the date of the enactment of the Welcome 

23 Home G.I. Bill Act of 2005 is the greater of (A) the 

24 monthly rate of $1562.50, or (B) the monthly rate other25 wise applicable under this chapter.’’. 
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1 (b) EXTENSION OF DURATION OF EDUCATIONAL AS2 SISTANCE.—Subsection (d)(1) of such section is amended 

3 by inserting ‘‘, or 48 in the case of educational assistance 

4 allowance paid under subsection (c)(5)’’ after ‘‘under this 

5 chapter is 36’’. 

6 (c) USE OF ENTITLEMENT FOR PAYMENT OF FED7 ERAL STUDENT LOANS.—Such section is further amended 

8 by adding at the end the following new subsection: 

9 ‘‘(e) USE OF ENTITLEMENT FOR PAYMENT OF FED10 ERAL STUDENT LOANS.—(1) Upon completion of a pro11 gram of education authorized under subsection (b), a 

12 member of the reserve components entitled to educational 

13 assistance under this chapter may apply amounts of edu14 cational assistance otherwise available to the member 

15 under this chapter to repay some or all of the principal 

16 or interest on any Federal student loan of the member. 

17 ‘‘(2) In no event shall payment of educational assist18 ance under this subsection exceed the amount of the mem19 ber’s available entitlement under this chapter. 

20 ‘‘(3) In this subsection, the term ‘Federal student 

21 loan’ means any loan made under title IV of the Higher 

22 Education Act of 1965 (20 U.S.C. 1070 et seq.).’’. 

23 SEC. 103. INCREASE IN HOME PURCHASE BENEFITS. 

24 (a) PAYMENT TO CERTAIN VETERANS FOR DOWN25 PAYMENT TOWARD HOME PURCHASE.—(1) Chapter 37 of 
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1 title 38, United States Code, is amended by inserting after 

2 section 3708 the following new section: 

3 ‘‘§ 3709. Provision of downpayment toward home pur4 chase for veterans performing eligible 

5 service 

6 ‘‘(a) PAYMENT FOR DOWNPAYMENT ON HOME PUR7 CHASE.—Subject to subsections (b) and (c), in the case 

8 of a veteran who performs eligible service, the Secretary 

9 of Defense shall provide for a payment of $5,000 on behalf 

10 of the veteran to be used as a downpayment toward the 

11 purchase or construction of a residential dwelling to be 

12 owned and occupied by the veteran. 

13 ‘‘(b) TIME LIMITATION FOR USE.—The period dur14 ing which the Secretary of Defense may provide for a pay15 ment under subsection (a) to a veteran who performs eligi16 ble service expires on the date that is five years after the 

17 date on which such eligible service is completed. 

18 ‘‘(c) USE IN CONJUNCTION WITH FIRST-TIME HOME

19 PURCHASE UNDER THIS CHAPTER.—The Secretary of 

20 Defense may only provide a payment to a veteran under 

21 subsection (a) if the veteran demonstrates to the Secretary 

22 of Veterans Affairs that the veteran has not previously ob23 tained a loan guaranteed, insured, or made under this 

24 chapter, as the case may be. 
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1 ‘‘(d) ELIGIBLE SERVICE.—In this subsection, the 

2 term ‘eligible service’ means active duty service performed 

3 after September 11, 2001, outside the United States or 

4 its territories or possessions as part of a contingency oper5 ation (including a humanitarian operation, peacekeeping 

6 operation, or similar operation) or combat operation for 

7 a period of at least 6 consecutive months (or for a lesser 

8 period of time in the case of such an individual who is 

9 discharged or released from active duty for a service-con10 nected disability).’’. 

11 (2) The table of sections at the beginning of chapter 

12 37 of such title is amended by inserting after the item 

13 relating to section 3708 the following new item: 

‘‘3709. Provision of downpayment toward home purchase for veterans performing eligible service’’. 

14 (b) BENEFIT EXCLUDED FROM GROSS INCOME.— 

15 (1) IN GENERAL.—Subsection (b) of section 

16 134 of the Internal Revenue Code of 1986 (relating 

17 to qualified military benefit) is amended by adding 

18 at the end the following new paragraph: 

19 ‘‘(6) VETERANS HOUSING BENEFITS.— 

20 ‘‘(A) IN GENERAL.—The term ‘qualified 

21 military benefit’ includes payments made under 

22 section 3709 of title 38, United States Code 

23 (relating to provision of downpayment toward 

24 home purchase for veterans performing eligible 
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1 service), as in effect on the date of the enact2 ment of this paragraph. 

3 ‘‘(B) DENIAL OF DOUBLE BENEFIT.—Not4 withstanding any other provision of this sub5 title, no increase in the basis or adjusted basis 

6 of any property shall result from any amount 

7 excluded under this section by reason of sub8 paragraph (A).’’. 

9 (2) EFFECTIVE DATE.—The amendment made 

10 by this subsection shall apply to payments made 

11 after the date of the enactment of this Act, in tax12 able years ending after such date. 

13 TITLE II—IMPROVEMENTS IN 

14 HEALTH BENEFITS 

15 SEC. 201. EXTENSION OF TRANSITIONAL HEALTH CARE 

16 FOR CERTAIN UNINSURED VETERANS. 

17 Section 1145 of title 10, United States Code, is 

18 amended— 

19 (1) by redesignating subsections (c), (d), and 

20 (e) as subsections (d), (e), and (f), respectively; and 

21 (2) by inserting after subsection (b) the fol22 lowing new subsection (c): 

23 ‘‘(c) SPECIAL RULE FOR CERTAIN UNINSURED VET24 ERANS.—(1) Transitional health care shall be available 

25 under subsection (a) for any period during the five-year 
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1 period beginning on the date on which an eligible veteran 

2 is separated from active duty during which the eligible vet3 eran demonstrates to the Secretary of Defense that the 

4 eligible veteran is not covered under any group health plan 

5 provided by an employer or spouse’s employer. 

6 ‘‘(2) In this subsection, the term ‘eligible veteran’ 

7 means a person— 

8 ‘‘(A) who served in the active military, naval, or 

9 air service (as defined in section 101 of title 38); 

10 ‘‘(B) who, after September 11, 2001, is de11 ployed outside the United States or its territories or 

12 possessions as part of a contingency operation (in13 cluding a humanitarian operation, peacekeeping op14 eration, or similar operation) or combat operation 

15 for a period of at least 6 consecutive months (or for 

16 a lesser period of time in the case of such an indi17 vidual who is discharged or released from active 

18 duty for a service-connected disability); and 

19 ‘‘(C) who was discharged or released from such 

20 service under conditions other than dishonorable.’’. 

21 SEC. 202. CLARIFICATION OF PREDEPLOYMENT AND 

22 POSTDEPLOYMENT MEDICAL EXAMS. 

23 Subsection (b) of section 1074f of title 10, United 

24 States Code, is amended to read as follows: 
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1 ‘‘(b) ELEMENTS OF SYSTEM.—(1) The system de2 scribed in subsection (a) shall include the use of 

3 predeployment medical examinations and postdeployment 

4 medical examinations, in accordance with this subsection, 

5 to accurately record the medical condition of members be6 fore their deployment and any changes in their medical 

7 condition during the course of their deployment. 

8 ‘‘(2) A predeployment medical examination shall con9 sist of a self-administered survey followed by a clinical ex10 amination conducted by medical personnel of the Depart11 ment of Defense. The survey and clinical examination 

12 shall include— 

13 ‘‘(A) the collection of clinical data (such as vital 

14 signs and the drawing of blood samples); 

15 ‘‘(B) the collection of information (including in16 formation on immunizations) on current and past 

17 physical or mental health conditions that might af18 fect the ability of the member to perform duties; 

19 ‘‘(C) an assessment of mental health; 

20 ‘‘(D) screening for diseases that are prevalent 

21 in members of the armed forces; and 

22 ‘‘(E) referral to appropriate medical care for 

23 any conditions needing further treatment. 

24 ‘‘(3) A postdeployment medical examination shall 

25 consist of a self-administered survey followed by a clinical 
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1 examination conducted by medical personnel of the De2 partment of Defense. The survey and clinical examina3 tion— 

4 ‘‘(A) shall include self-reported information 

5 about any relevant exposures during the period of 

6 deployment, including witnessing or participating in 

7 combat and screening for post-traumatic stress dis8 order; and 

9 ‘‘(B) shall be conducted when the member is re10 deployed or otherwise leaves an area in which the 

11 system is in operation (or as soon as possible there12 after).’’. 

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