II 

113TH CONGRESS 

1ST SESSION S. 938 

To amend title 38, United States Code, to allow certain veterans to use 

educational assistance provided by the Department of Veterans Affairs 

for franchise training, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2013 

Mr. MORAN 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 allow certain 

veterans to use educational assistance provided by the 

Department of Veterans Affairs for franchise training, 

and for other purposes. 

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 This Act may be cited as the ‘‘Franchise Education 

5 for Veterans Act of 2013’’. 

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1 SEC. 2. USE OF EDUCATIONAL ASSISTANCE FURNISHED BY 

2 DEPARTMENT OF VETERANS AFFAIRS FOR 

3 FRANCHISE TRAINING. 

4 (a) ALL-VOLUNTEER FORCE EDUCATIONAL ASSIST5 ANCE PROGRAM.— 

6 (1) PROGRAM OF EDUCATION.—Subparagraph 

7 (C) of section 3002(3) of title 38, United States 

8 Code, is amended to read as follows: 

9 ‘‘(C) in the case of an individual who is not 

10 serving on active duty, includes— 

11 ‘‘(i) a full-time program of apprenticeship 

12 or of other on-job training approved as provided 

13 in paragraph (1) or (2), as appropriate, of sec14 tion 3687(a) of this title; 

15 ‘‘(ii) a cooperative program (as defined in 

16 section 3482(a)(2) of this title); and 

17 ‘‘(iii) a training program at a training es18 tablishment described in section 3452(e)(2) of 

19 this title that— 

20 ‘‘(I) is approved for purposes of chap21 ter 32 or 34 of this title; and 

22 ‘‘(II) is for a franchise (as defined in 

23 section 436.1 of title 16, Code of Federal 

24 Regulations, or successor regulation).’’. 

25 (2) LIMITATIONS.—Section 3032 of such title is 

26 amended by adding at the end the following: 

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1 ‘‘(h)(1) Subject to paragraphs (3) and (4), the 

2 amount of educational assistance payable under this chap3 ter for a program of education consisting of a training 

4 program at a training establishment described in section 

5 3452(e)(2) of this title shall be, with respect to any 12- 

6 month period in which such training is pursued, the lesser 

7 of the following: 

8 ‘‘(A) The sum of— 

9 ‘‘(i) the fees assessed by the training es10 tablishment concerned for the training; 

11 ‘‘(ii) a monthly housing stipend for each 

12 month (or pro rata amount for each partial 

13 month) of training pursued equal to the month14 ly amount of the basic allowance for housing 

15 payable under section 403 of title 37 for a 

16 member with dependents in pay grade E–5 re17 siding in the military housing area that encom18 passes all or the majority portion of the ZIP 

19 code area in which is located the training estab20 lishment; and 

21 ‘‘(iii) a monthly stipend in an amount 

22 equal to $83 for each month (or pro rata 

23 amount for each partial month) of training pur24 sued for books, supplies, equipment, and other 

25 educational costs. 

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1 ‘‘(B) $15,000. 

2 ‘‘(2) The number of months of entitlement charged 

3 in the case of any individual for a training program de4 scribed in paragraph (1) is equal to the number (including 

5 any fraction) determined by dividing the total amount of 

6 educational assistance paid such individual for such pro7 gram by the full-time monthly institutional rate of edu8 cational assistance such individual would otherwise be paid 

9 under subsection (a)(1), (b)(1), (d), or (e)(1) of section 

10 3015 of this title, as the case may be. 

11 ‘‘(3)(A) In no event shall payment of educational as12 sistance under this subsection for training described in 

13 paragraph (1) exceed the amount of the individual’s avail14 able entitlement under this chapter. 

15 ‘‘(B) With respect to an individual entitled to edu16 cational assistance under this subsection who is not de17 scribed in subsection (a)(1) or (c)(1) of section 3015 of 

18 this title, the Secretary shall adjust the amount payable 

19 under paragraph (1) by an amount determined by the Sec20 retary to reflect the difference in the rate of educational 

21 assistance such individual would be paid under such sec22 tion as compared to the rate an individual described in 

23 subsection (a)(1) or (c)(1) of such section would be paid 

24 under such section. 

25 ‘‘(4) A veteran may not receive— 

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1 ‘‘(A) more than 12 months of educational as2 sistance under this subsection; and 

3 ‘‘(B) a total amount of educational assistance 

4 under this subsection that is more than $15,000.’’. 

5 (b) POST-9/11 EDUCATIONAL ASSISTANCE.— 

6 (1) APPROVED PROGRAMS OF EDUCATION.— 

7 Section 3313(b) of such title is amended by striking 

8 the period at the end and inserting ‘‘, including a 

9 training program described in section 3002(3)(C)(iii) 

10 of this title.’’. 

11 (2) FRANCHISE TRAINING.—Section 3313(g)(3) 

12 of such title is amended by adding at the end the 

13 following new subparagraph: 

14 ‘‘(E) Subject to clauses (ii) and (iii), in the 

15 case of an individual pursuing a program of 

16 education consisting of a training program at a 

17 training establishment described in section 

18 3452(e)(2) of this title, amounts, with respect 

19 to any 12-month period in which such training 

20 is pursued, as follows: 

21 ‘‘(i) An amount equal to the lesser 

22 of— 

23 ‘‘(I) the sum of— 

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1 ‘‘(aa) the fees assessed by 

2 the training establishment con3 cerned for the training; 

4 ‘‘(bb) a monthly housing sti5 pend for each month (or pro rata 

6 amount for each partial month) 

7 of training pursued equal to the 

8 monthly amount of the basic al9 lowance for housing payable 

10 under section 403 of title 37 for 

11 a member with dependents in pay 

12 grade E–5 residing in the mili13 tary housing area that encom14 passes all or the majority portion 

15 of the ZIP code area in which is 

16 located the training establish17 ment; and 

18 ‘‘(cc) a monthly stipend in 

19 an amount equal to $83 for each 

20 month (or pro rata amount for 

21 each partial month) of training 

22 pursued for books, supplies, 

23 equipment, and other educational 

24 costs; or 

25 ‘‘(II) $15,000. 

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1 ‘‘(ii) In the case of an individual enti2 tled to educational assistance by reason of 

3 paragraphs (3) through (8) of sections 

4 3311(b), the amounts payable pursuant to 

5 clause (i) shall be the amounts otherwise 

6 determined pursuant to such clause multi7 plied by the same percentage applicable to 

8 the monthly amounts payable to the indi9 vidual under paragraphs (2) through (7) of 

10 subsection (c). 

11 ‘‘(iii) A veteran may not receive— 

12 ‘‘(I) more than 12 months of 

13 educational assistance under this sub14 section; and 

15 ‘‘(II) a total amount of edu16 cational assistance under this sub17 section that is more than $15,000.’’. 

18 (3) PAYMENTS.—Section 3313(g)(4)(C) of such 

19 title is amended by adding at the end the following: 

20 ‘‘(iii) Payment for the amount payable 

21 under paragraph (3)(E) for pursuit of a 

22 program of education consisting of a train23 ing program at a training establishment 

24 described in section 3452(e)(2) of this title 

25 shall be paid to the individual upon the 

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1 Secretary receiving a certification of enroll2 ment with respect to the individual made 

3 by such establishment.’’. 

Æ 

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