I 

110TH CONGRESS 

2D SESSION H. R. 5034 

To amend titles 10 and 38, United States Code, to extend the time periods 

of for the use of educational assistance benefits to which certain veterans 

and members of the reserve components are entitled under such titles. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2008 

Mr. MCNERNEY introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ 

Affairs, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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

the time periods of for the use of educational assistance 

benefits to which certain veterans and members of the 

reserve components are entitled under such titles. 

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 ‘‘Veterans Education 

5 Benefits Extension Act of 2008’’. 


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1 SEC. 2. ELIMINATION OF TEN-YEAR TIME LIMIT FOR USE 

2 OF ENTITLEMENT TO EDUCATIONAL ASSIST3 ANCE UNDER MONTGOMERY GI BILL. 

4 (a) IN GENERAL.—Chapter 31 of title 38, United 

5 States Code, is amended by striking section 3031. 

6 (b) LIMITATION ON BENEFIT INCREASES.—Such 

7 title is further amended— 

8 (1) in section 3015(h)— 

9 (A) in paragraph (1), by striking ‘‘With’’ and 

10 inserting ‘‘Except as provided in paragraph (3), 

11 with’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) With respect to any fiscal year that begins 

15 after the end of the 10-year period beginning on the 

16 date of the last discharge or release from active duty 

17 of an individual entitled to educational assistance 

18 under this chapter, the Secretary may not provide 

19 an increase under this subsection in the rate payable 

20 to the individual under subsection (a)(1) or (b)(1). 

21 For any such fiscal year, the rate payable to the in22 dividual shall be equal to the rate payable to that in23 dividual for the last fiscal year that begins before 

24 the end of such period.’’. 


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1 (c) LIMITATION ON TRANSFER OF ENTITLEMENT.— 

2 Section 3020 of such title is amended by striking sub3 section (d) and inserting the following new subsection (d): 

4 ‘‘(d) LIMITATIONS ON TRANSFER.—(1) The total 

5 number of months of entitlement transferred by an indi6 vidual under this section may not exceed 18 months. 

7 ‘‘(2) An individual eligible to transfer the individual’s 

8 entitlement to educational assistance under this section 

9 may not transfer the such entitlement after the end of the 

10 10-year period beginning on the date of the individual’s 

11 last discharge or release from active duty.’’. 

12 (d) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by striking 

14 the item relating to section 3031. 

15 (e) CONFORMING AMENDMENTS.—Such title is fur16 ther amended— 

17 (1) in section 3018C(e)(3)(B), by striking 

18 clause (iii); and 

19 (2) in section 3020— 

20 (A) in subsection (f), by striking ‘‘Subject 

21 to the time limitation for use of entitlement 

22 under section 3031 of this title, an individual’’ 

23 and inserting ‘‘Subject to subsection (d)(2), an 

24 individual’’; and 


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1 (B) in subsection (h)(5), by striking ‘‘Not2 withstanding section 3031 of this title, a child’’ 

3 and inserting ‘‘A child’’. 

4 SEC. 3. EXTENSION OF PERIOD FOR USE OF ENTITLEMENT 

5 BY MEMBERS OF THE SELECTED RESERVE 

6 AND MEMBERS OF THE RESERVE COMPO7 NENT SUPPORTING CONTINGENCY OPER8 ATIONS. 

9 (a) MEMBERS OF THE SELECTED RESERVE.—Sec10 tion 16133 of title 10, United States Code, is amended— 

11 (1) in subsection (a), by inserting after ‘‘(2) on 

12 the date’’ the following: ‘‘that is ten years after the 

13 date on which’’; and 

14 (2) in subsection (b), by striking paragraphs 

15 (2) and (3) and redesignating paragraph (4) as 

16 paragraph (2). 

17 (b) MEMBERS OF THE RESERVE COMPONENT SUP18 PORTING CONTINGENCY OPERATIONS.—Section 16164 of 

19 title 10, United States Code, is amended— 

20 (1) by striking subsection (a) and inserting the 

21 following new subsection (a): 

22 ‘‘(a) DURATION OF ENTITLEMENT.—Except as pro23 vided in subsection (b), the period during which a person 

24 entitled to educational assistance under this chapter may 

25 use such person’s entitlement expires (1) at the end of 


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1 the 14-year period beginning on the date on which such 

2 person becomes entitled to such assistance, or (2) on the 

3 date that is ten years after the date on which the person 

4 is separated from the Selected Reserve or the Ready Re5 serve, whichever occurs first.’’. 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘(1)’’; and 

8 (B) by striking paragraph (2). 

9 (c) CONFORMING AMENDMENT.—Section 16165(a) 

10 of such title is amended by striking paragraph (2) and 

11 inserting the following new paragraph (2): 

12 ‘‘(2) on the date on which such person’s entitle13 ment expires under section 16164(a).’’. 

14 SEC. 4. EFFECTIVE DATE. 

15 The amendments made by this Act shall apply with 

16 respect to an individual who becomes entitled to edu17 cational assistance on or after the date of the enactment 

18 of this Act. 

Æ 


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