IB
Union Calendar No. 343
106TH CONGRESS
2D SESSION
H. R. 4268
[Report No. 106–628]
To amend title 38, United States Code, to increase amounts of educational
assistance for veterans under the Montgomery GI Bill and to enhance
programs providing educational benefits under that title, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. STUMP (for himself, Mr. EVANS, Mr. QUINN, Mr. SMITH of New Jersey,
Mr. BILIRAKIS, Ms. BROWN of Florida, Mr. SPENCE, Mr. DOYLE, Mr.
EVERETT, Ms. CARSON, Mr. BUYER, Mr. REYES, Mr. STEARNS, Mr.
SNYDER, Mr. MORAN of Kansas, Mr. RODRIGUEZ, Mr. HAYWORTH, Mrs.
CHENOWETH-HAGE, Mr. LAHOOD, Mr. HANSEN, Mr. MCKEON, Mr. GIB-
BONS, Mr. SIMPSON, and Mr. BAKER) introduced the following bill; which
was referred to the Committee on Veterans’ Affairs
MAY 19, 2000
Additional sponsors: Mr. NEY, Mr. CAMP, Mr. PETERSON of Minnesota, Mr.
THOMPSON of California, Mr. UDALL of New Mexico, Mr. HILL of Indi-
ana, Mr. SHOWS, Ms. BERKLEY, Mr. COOKSEY, and Mr. ORTIZ
MAY 19, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
A BILL
To amend title 38, United States Code, to increase amounts
of educational assistance for veterans under the Mont-
gomery GI Bill and to enhance programs providing edu-
cational benefits under that title, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCES TO TITLE 38, UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Veterans and Dependents Millennium Education Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents; references to title 38, United States Code.
Sec. 2. Increase in rates of basic educational assistance under Montgomery GI
Bill.
Sec. 3. Additional opportunity for certain VEAP participants to enroll in basic
educational assistance under Montgomery GI Bill.
Sec. 4. Increase in rates of survivors and dependents educational assistance.
Sec. 5. Adjusted effective date for award of survivors’ and dependents’ edu-
cational assistance.
Sec. 6. Revision of educational assistance interval payment requirements.
Sec. 7. Availability of Montgomery GI Bill benefits for payment for licensing
or certification tests.
Sec. 8. Extension of certain temporary authorities.
Sec. 9. Codification of recurring provisions in annual Department of Veterans
Affairs appropriations Acts.
Sec. 10. Termination of certain reporting requirements.
(c) 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 provi-
sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
SEC. 2. INCREASE IN RATES OF BASIC EDUCATIONAL AS-
SISTANCE UNDER MONTGOMERY GI BILL.
(a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.—(1)
Section 3015 is amended—
(A) in subsection (a)(1), by striking ‘‘$528’’
and inserting ‘‘$720’’; and
(B) in subsection (b)(1), by striking ‘‘$429’’
and inserting ‘‘$585’’.
(2) The amendments made by paragraph (1) shall
take effect on October 1, 2002, and shall apply with re-
spect to educational assistance allowances paid for months
after September 2002.
(3) In the case of an educational assistance allowance
paid for a month after September 2000, and before Octo-
ber 2002 under section 3015 of such title—
(A) subsection (a)(1) of such section shall be
applied by substituting ‘‘$600’’ for ‘‘$528’’; and
(B) subsection (b)(1) of such section shall be
applied by substituting ‘‘$487’’ for ‘‘$429’’.
(b) CPI ADJUSTMENT.—No adjustment in rates of
educational assistance shall be made under section
3015(g) of title 38, United States Code, for fiscal years
2001 and 2003.
SEC. 3. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP
PARTICIPANTS TO ENROLL IN BASIC EDU-
CATIONAL 
ASSISTANCE 
UNDER 
MONT-
GOMERY GI BILL.
(a) IN GENERAL.—Section 3018C(a)(2) is amended
to read as follows:
‘‘(2) has continuously served on active duty
since October 9, 1996 (excluding the periods re-
ferred to in section 3202(1)(C) of this title);’’.
(b) ENROLLMENT PERIOD.—Section 3018C(a)(5) is
amended by striking ‘‘during the one-year period begin-
ning on October 9, 1996,’’ and inserting ‘‘during the one-
year period beginning on the date of the enactment of the
Veterans and Dependents Millennium Education Act,’’.
(c) PAYMENT
AMOUNT
AND
PERIOD.—Section
3018C(b) is amended to read as follows:
‘‘(b)(1) Subject to paragraph (2), with respect to an
individual who makes an election under subsection (a) to
become entitled to basic education assistance under this
chapter—
‘‘(A) the basic pay of the individual shall be re-
duced (in a manner determined by the Secretary
concerned) until the total amount by which such
basic pay is reduced is $2,700; or
‘‘(B) to the extent that basic pay is not so re-
duced before the individual’s discharge or release
SEC. 4. INCREASE IN RATES OF SURVIVORS AND DEPEND-
ENTS EDUCATIONAL ASSISTANCE.
(a) SURVIVORS
AND DEPENDENTS EDUCATIONAL
ASSISTANCE.—(1) Section 3532 is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘$485’’ and inserting
‘‘$720’’;
(ii) by striking ‘‘$365’’ and inserting
‘‘$540’’; and
(iii) by striking ‘‘$242’’ and inserting
‘‘$360’’;
(B) in subsection (a)(2), by striking ‘‘$485’’
and inserting ‘‘$720’’;
(C) in subsection (b), by striking ‘‘$485’’ and
inserting ‘‘$720’’; and
(D) in subsection (c)(2)—
(i) by striking ‘‘$392’’ and inserting
‘‘$582’’;
(ii) by striking ‘‘$294’’ and inserting
‘‘$436’’; and
(iii) by striking ‘‘$196’’ and inserting
‘‘$291’’.
(2) The amendments made by paragraph (1) shall
take effect on October 1, 2002, and shall apply with re-
spect to educational assistance allowances paid for months
after September 2002.
(3) In the case of an educational assistance allowance
paid for a month after September 2000 and before Octo-
ber 2002 under section 3532 of such title—
(A) subsection (a)(1) of such section shall be
applied by substituting—
(i) ‘‘$600’’ for ‘‘$485’’;
(ii) ‘‘$450’’ for ‘‘$365’’; and
(iii) ‘‘$300’’ for ‘‘$242’’;
(B) subsection (a)(2) of such section shall be
applied by substituting ‘‘$600’’ for ‘‘$485’’;
(C) subsection (b) of such section shall be ap-
plied by substituting ‘‘$600’’ for ‘‘$485’’; and
(D) subsection (c)(2) of such section shall be
applied by substituting—
(i) ‘‘$485’’ for ‘‘$392’’;
(ii) ‘‘$364’’ for ‘‘$294’’; and
(iii) ‘‘$242’’ for ‘‘$196’’.
(b) 
CORRESPONDENCE
COURSE.—(1) 
Section
3534(b) is amended by striking ‘‘$485’’ and inserting
‘‘$720’’.
(2) The amendment made by paragraph (1) shall
take effect on October 1, 2002, and shall apply with re-
spect to educational assistance allowances paid under sec-
tion 3534(b) of title 38, United States Code, for months
after September 2002.
(3) In the case of an educational assistance allowance
paid for a month after September 2000 and before Octo-
ber 2002 under section 3534 of such title, subsection (b)
of such section shall be applied by substituting ‘‘$600’’
for ‘‘$485’’.
(c) SPECIAL RESTORATIVE TRAINING.—(1) Section
3542(a) is amended—
(A) by striking ‘‘$485’’ and inserting ‘‘$720’’;
(B) by striking ‘‘$152’’ each place it appears
and inserting ‘‘$225’’; and
(C) by striking ‘‘$16.16’’ and inserting ‘‘$24’’.
(2) The amendments made by paragraph (1) shall
take effect on October 1, 2002, and shall apply with re-
spect to educational assistance allowances paid under sec-
tion 3542(a) of title 38, United States Code, for months
after September 2002.
(3) In the case of an educational assistance allowance
paid for a month after September 2000 and before Octo-
ber 2002 under section 3542 of such title, subsection (a)
of such section shall be applied by substituting—
(A) ‘‘$600’’ for ‘‘$485’’;
(B) ‘‘$188’’ for ‘‘$152’’; and
(C) ‘‘$20’’ for ‘‘$16.16’’.
(d) 
APPRENTICESHIP
TRAINING.—(1) 
Section
3687(b)(2) is amended—
(A) by striking ‘‘$353’’ and inserting ‘‘$524’’;
(B) by striking ‘‘$264’’ and inserting ‘‘$392’’;
(C) by striking ‘‘$175’’ and inserting ‘‘$260’’;
and
(D) by striking ‘‘$88’’ and inserting ‘‘$131’’.
(2) The amendments made by paragraph (1) shall
take effect on October 1, 2002, and shall apply with re-
spect to educational assistance allowances paid under sec-
tion 3687(b)(2) of title 38, United States Code, for
months after September 2002.
(3) In the case of an educational assistance allowance
paid for a month after September 2000 and before Octo-
ber 2002 under section 3687 of such title, subsection
(b)(2) of such section shall be applied by substituting—
(A) ‘‘$437’’ for ‘‘$353’’;
(B) ‘‘$327’’ for ‘‘$264’’;
(C) ‘‘$216’’ for ‘‘$175’’; and
(D) ‘‘$109’’ for ‘‘$88’’.
(e) PROVISION
FOR
ANNUAL
ADJUSTMENTS
TO
AMOUNTS OF ASSISTANCE.—
(1) CHAPTER 35.—(A) Subchapter VI of chap-
ter 35 is amended by adding at the end the following
new section:
‘‘(1) the Consumer Price Index (all items,
United States city average) for the 12-month period
ending on the June 30 preceding the beginning of
the fiscal year for which the increase is made, ex-
ceeds
‘‘(2) such Consumer Price Index for the 12-
month period preceding the 12-month period de-
scribed in paragraph (1).’’.
SEC. 5. ADJUSTED EFFECTIVE DATE FOR AWARD OF SUR-
VIVORS’ AND DEPENDENTS’ EDUCATIONAL
ASSISTANCE.
(a) IN GENERAL.—Section 5113 is amended—
(1) by redesignating subsection (b) as sub-
section (c);
(2) in subsection (a), by striking ‘‘subsection
(b) of this section’’ and inserting ‘‘subsections (b)
and (c)’’; and
(3) by inserting after subsection (a) the fol-
lowing new subsection:
‘‘(b)(1) When determining the effective date of an
award of survivors’ and dependents’ educational assistance
under chapter 35 of this title for an individual described
in paragraph (2) based on an original claim, the Secretary
shall consider the individual’s application (under section
3513 of this title) as having been filed on the effective
date from which the Secretary, by rating decision, deter-
mines that the individual is entitled to such educational
assistance (such entitlement being based on the total serv-
ice-connected disability evaluated as permanent in nature,
or the service-connected death, of the spouse or parent
from whom the individual’s eligibility is derived) if that
date is more than one year before the date such rating
decision is made.
‘‘(2) An individual referred to in paragraph (1) is a
person who is eligible for educational assistance under
chapter 35 of this title by reason of subparagraph (A)(i),
(A)(ii), (B), or (D) of section 3501(a)(1) of this title
who—
‘‘(A) submits to the Secretary an original appli-
cation under such section 3513 for such educational
assistance within one year of the effective date of
the rating decision referred to in paragraph (1);
‘‘(B) claims such educational assistance for an
approved program of education for months preceding
the one-year period ending on the date on which the
individual’s application under such section was re-
ceived by the Secretary; and
‘‘(C) would have been entitled to such edu-
cational assistance for such course pursuit for such
months, without regard to this subsection, if the in-
dividual had submitted such an application on the
effective date from which the Secretary determined
the individual was eligible for such educational as-
sistance.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to applications first made under
section 3513 of title 38, United States Code, that—
(1) are received on or after the date of the en-
actment of this Act, or
(2) on the date of the enactment of this Act,
are pending (A) with the Secretary of Veterans Af-
fairs or (B) exhaustion of available administrative
and judicial remedies.
SEC. 6. REVISION OF EDUCATIONAL ASSISTANCE INTERVAL
PAYMENT REQUIREMENTS.
(a) IN GENERAL.—Subclause (C) of the third sen-
tence of section 3680(a) is amended to read as follows:
‘‘(C) during periods between school terms where
the educational institution certifies the enrollment of
the eligible veteran or eligible person on an indi-
vidual term basis if (i) the period between such
terms does not exceed eight weeks, and (ii) both the
terms preceding and following the period are not
shorter in length than the period.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to payments of edu-
cational assistance under title 38, United States Code, for
months beginning on or after the date of the enactment
of this Act.
SEC. 7. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS
FOR PAYMENT FOR LICENSING OR CERTIFI-
CATION TESTS.
(a) IN GENERAL.—Section 3452(b) is amended by
adding at the end the following new sentence: ‘‘Such term
also includes licensing or certification tests required for
vocations or professions, such tests offered by a licensing
and credentialing organization or entity approved by the
Secretary pursuant to procedures established by the Sec-
retary.’’.
(b) AMOUNT OF PAYMENT.—Section 3032 of such
title is amended by adding at the end the following new
subsection:
‘‘(g) The amount of educational assistance payable
under this chapter for a licensing or certification test de-
scribed in section 3452(b) of this title is the fee charged
for the test.’’.
(c) REGULATIONS.—In promulgating regulations to
establish procedures to approve licensing and credentialing
organizations under section 3452(b) of title 38, United
States Code, as added by subsection (a), the Secretary
shall consult with such organizations with demonstrated
expertise in licensing and credentialing that the Secretary
determines appropriate. The Secretary shall make a de-
tailed summary of any consultation under the previous
sentence part of the record of the regulation promulgated
under this section.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2000, and apply
with respect to licensing and certification tests approved
by the Secretary offered on or after such date.
SEC. 8. EXTENSION OF CERTAIN TEMPORARY AUTHORI-
TIES.
(a) ENHANCED LOAN ASSET SALE AUTHORITY.—
Section 3720(h)(2) is amended by striking ‘‘December 31,
2002’’ and inserting ‘‘December 31, 2008’’.
(b) 
HOME
LOAN
FEES.—Section 
3729(a) 
is
amended—
(1) in paragraph (4), by striking ‘‘October 1,
2002’’ and inserting ‘‘October 1, 2008’’; and
(1) in paragraph (4)(B)—
(A) by striking ‘‘2002’’ and inserting
‘‘2008’’; and
(B) by striking ‘‘2003’’ and inserting
‘‘2009’’; and
(2) in paragraph (5)(C), by striking ‘‘October
1, 2002’’ and inserting ‘‘October 1, 2008’’.
(c) PROCEDURES
APPLICABLE
TO
LIQUIDATION
SALES ON DEFAULTED HOME LOANS GUARANTEED BY
THE DEPARTMENT
OF VETERANS AFFAIRS.—Section
3732(c)(11) is amended by striking ‘‘October 1, 2002’’
and inserting ‘‘October 1, 2008’’.
(d) INCOME
VERIFICATION
AUTHORITY.—Section
5317(g) is amended by striking ‘‘September 30, 2002’’
and inserting ‘‘September 30, 2008’’.
(e) LIMITATION ON PENSION FOR CERTAIN RECIPI-
ENTS OF MEDICAID-COVERED NURSING HOME CARE.—
Section 5503(f)(7) is amended by striking ‘‘September 30,
2002’’ and inserting ‘‘September 30, 2008’’.
SEC. 9. CODIFICATION OF RECURRING PROVISIONS IN AN-
NUAL DEPARTMENT OF VETERANS AFFAIRS
APPROPRIATIONS ACTS.
(a) CODIFICATION OF RECURRING PROVISIONS.—(1)
Section 313 is amended by adding at the end the following
new subsections:
‘‘(c) COMPENSATION AND PENSION.—Funds appro-
priated for Compensation and Pensions are available for
the following purposes:
‘‘(1) The payment of compensation benefits to
or on behalf of veterans as authorized by section 107
and chapters 11, 13, 51, 53, 55, and 61 of this title.
‘‘(2) Pension benefits to or on behalf of vet-
erans as authorized by chapters 15, 51, 53, 55, and
61 of this title and section 306 of the Veterans’ and
Survivors’ Pension Improvement Act of 1978.
‘‘(3) The payment of benefits as authorized
under chapter 18 of this title.
‘‘(4) Burial benefits, emergency and other offi-
cers’ retirement pay, adjusted-service credits and
certificates, payments of premiums due on commer-
cial life insurance policies guaranteed under the pro-
visions of article IV of the Soldiers’ and Sailors’
Civil Relief Act of 1940 (50 U.S.C. App. 540 et
seq.), and other benefits as authorized by sections
107, 1312, 1977, and 2106 and chapters 23, 51, 53,
55, and 61 of this title and the World War Adjusted
Compensation Act (43 Stat. 122, 123), the Act of
May 24, 1928 (Public Law No. 506 of the 70th
Congress; 45 Stat. 735), and Public Law 87–875
(76 Stat. 1198).
‘‘(d) MEDICAL CARE.—Funds appropriated for Med-
ical Care are available for the following purposes:
‘‘(9) Aid to State homes, as authorized by sec-
tion 1741 of this title.
‘‘(10) Administrative and legal expenses of the
Department for collecting and recovering amounts
owed the Department as authorized under chapter
17 of this title and Public Law 87–693, popularly
known as the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.).
‘‘(e) MEDICAL ADMINISTRATION
AND MISCELLA-
NEOUS OPERATING EXPENSES.—Funds appropriated for
Medical Administration and Miscellaneous Operating Ex-
penses are available for the following purposes:
‘‘(1) The administration of medical, hospital,
nursing home, domiciliary, construction, supply, and
research activities authorized by law.
‘‘(2) Administrative expenses in support of
planning, design, project management, architectural
work, engineering, real property acquisition and dis-
position, construction, and renovation of any facility
under the jurisdiction or for the use of the Depart-
ment, including site acquisition.
‘‘(3) Engineering and architectural activities
not charged to project costs.
‘‘(4) Research and development in building con-
struction technology.
‘‘(f) GENERAL OPERATING EXPENSES.—Funds ap-
propriated for General Operating Expenses are available
for the following purposes:
‘‘(1) Uniforms or allowances therefor.
‘‘(2) Hire of passenger motor vehicles.
‘‘(3) Reimbursement of the General Services
Administration for security guard services.
‘‘(4) Reimbursement of the Department of De-
fense for the cost of overseas employee mail.
‘‘(5) Administration of the Service Members
Occupational Conversion and Training Act of 1992
(10 U.S.C. 1143 note).
‘‘(g) CONSTRUCTION.—Funds appropriated for Con-
struction, Major Projects, and for Construction, Minor
Projects, are available, with respect to a project, for the
following purposes:
‘‘(1) Planning.
‘‘(2) Architectural and engineering services.
‘‘(3) Maintenance or guarantee period services
costs associated with equipment guarantees provided
under the project.
‘‘(4) Services of claims analysts.
‘‘(5) Offsite utility and storm drainage system
construction costs.
‘‘(6) Site acquisition.
‘‘(h) CONSTRUCTION, MINOR PROJECTS.—In addi-
tion to the purposes specified in subsection (g), funds ap-
propriated for Construction, Minor Projects, are available
for—
‘‘(1) repairs to any of the nonmedical facilities
under the jurisdiction or for the use of the Depart-
ment which are necessary because of loss or damage
caused by a natural disaster or catastrophe; and
‘‘(2) temporary measures necessary to prevent
or to minimize further loss by such causes.’’.
(2)(A) Chapter 1 is amended by adding at the end
the following new section:
‘‘§ 116. Definition of cost of direct and guaranteed
loans
‘‘For the purpose of any provision of law appro-
priating funds to the Department for the cost of direct
or guaranteed loans, the cost of any such loan, including
the cost of modifying any such loan, shall be as defined
in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a).’’.
(B) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘116. Definition of cost of direct and guaranteed loans.’’.
(b) EFFECTIVE DATE.—Subsections (c) through (h)
of section 313 of title 38, United States Code, as added
by subsection (a)(1), and section 116 of such title, as
added by subsection (a)(2), shall take effect with respect
to funds appropriated for fiscal year 2002.
SEC. 10. TERMINATION OF CERTAIN REPORTING REQUIRE-
MENTS.
(a) INAPPLICABILITY OF PRIOR REPORTS TERMI-
NATION PROVISION TO CERTAIN REPORTS OF THE DE-
PARTMENT OF VETERANS AFFAIRS.—Section 3003(a)(1)
of the Federal Reports Elimination and Sunset Act of
1995 (31 U.S.C. 1113 note) does not apply to any report
required to be submitted under any of the following sec-
tions of title 38, United States Code: sections 503(c), 529,
541(c), 542(c), 3036, and 7312(d).
(b) REPEAL OF REPORTING REQUIREMENTS TERMI-
NATED BY PRIOR LAW.—Sections 8111A(f) and 8201(h)
are repealed.
(c) SUNSET
OF CERTAIN REPORTING REQUIRE-
MENTS.—
(1) ANNUAL REPORT ON EQUITABLE RELIEF
CASES.—Section 503(c) is amended by adding at the
end the following new sentence: ‘‘No report shall be
required under this subsection after December 31,
2004.’’.
(2) BIENNIAL
REPORT
OF
ADVISORY
COM-
MITTEE ON FORMER PRISONERS OF WAR.—Section
541(c)(1) is amended by inserting ‘‘through 2003’’
after ‘‘each odd-numbered year’’.
(3) BIENNIAL
REPORT
OF
ADVISORY
COM-
MITTEE ON WOMEN VETERANS.—Section 542(c)(1)
is amended by inserting ‘‘through 2003’’ after ‘‘each
odd-numbered year’’.
(4) BIENNIAL
REPORTS
ON
MONTGOMERY
GI
BILL.—Subsection (d) of section 3036 is amended to
read as follows:
‘‘(d) No report shall be required under this section
after January 1, 2005.’’.
(5) ANNUAL REPORT OF SPECIAL MEDICAL AD-
VISORY
GROUP.—Section 7312(d) is amended by
adding at the end the following new sentence: ‘‘No
report shall be required under this subsection after
December 31, 2004.’’.
(d) COST INFORMATION TO BE PROVIDED WITH
EACH REPORT REQUIRED BY CONGRESS.—
(1) IN GENERAL.—(A) Chapter 1 is amended
by adding at the end the following new section:
‘‘§ 117. Reports to Congress: cost information
‘‘Whenever the Secretary submits to Congress, or any
committee of Congress, a report that is required by law
or by a joint explanatory statement of a committee of con-
ference of the Congress, the Secretary shall include with
the report—
‘‘(1) a statement of the cost of preparing the
report; and
‘‘(2) a brief explanation of the methodology
used in preparing that cost statement.’’.
(B) The table of sections at the beginning of
such chapter is amended by adding at the end the
following new item:
‘‘117. Reports to Congress: cost information.’’.
(2) EFFECTIVE DATE.—Section 117 of title 38,
United States Code, as added by paragraph (1) of
this subsection, shall apply with respect to any re-
port submitted by the Secretary of Veterans Affairs
after the end of the 90-day period beginning on the
date of the enactment of this Act.