H.R. 6314

To amend title 38, United States Code, to extend certain expiring provisions of law and to expand eligibility for the Survivors' and Dependents' Educational Assistance program.

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IIB

109th CONGRESS

2d Session

H. R. 6314

IN THE SENATE OF THE UNITED STATES

November 15, 2006

Received; read twice and referred to the Committee on Veterans' Affairs

AN ACT

To amend title 38, United States Code, to extend certain expiring provisions of law and to expand eligibility for the Survivors’ and Dependents’ Educational Assistance program.

1.

Extension of certain expiring provisions of law administered by the Secretary of Veterans Affairs

(a)

Authority for health care for participation in DOD chemical and biological warfare testing

Section 1710(e)(3)(D) of title 38, United States Code, is amended by striking December 31, 2005 and inserting December 31, 2007.

(b)

Grant and per diem grant assistance for homeless veterans

Section 2011(a)(2) of such title is amended by striking September 30, 2005 and inserting September 30, 2007.

(c)

Treatment and rehabilitation for seriously mentally ill and homeless veterans

Section 2031(b) of such title is amended by striking December 31, 2006 and inserting December 31, 2007.

(d)

Additional services for homeless and seriously mentally ill veterans

Section 2033(d) of such title is amended by striking December 31, 2006 and inserting December 31, 2007.

(e)

Advisory committee on homeless veterans

Section 2066(d) of such title is amended by striking December 31, 2006 and inserting December 31, 2007.

(f)

Government markers in private cemeteries

Section 2306(d)(3) of such title is amended by striking December 31, 2006 and inserting December 31, 2007.

(g)

Additional educational assistance allowance for work-study

Section 3485(a)(4) of such title is amended in subparagraphs (A), (C), and (F) by striking December 27, 2006 and inserting June 30, 2007.

2.

Expansion of eligibility for Survivors’ and Dependents’ Educational Assistance program

(a)

Expansion of eligibility

Section 3501(a)(1) of title 38, United States Code, is amended—

(1)

by striking the period at the end of subparagraph (A) and inserting a semicolon;

(2)

by striking the comma at the end of subparagraph (B) and inserting a semicolon;

(3)

by striking , or at the end of subparagraph (C) and inserting a semicolon;

(4)

by striking the comma at the end of subparagraph (D) and inserting ; or; and

(5)

by inserting after subparagraph (D) the following new subparagraph:

(E)

the spouse or child of a person who at the time of application by such spouse or child for educational assistance under this chapter is a member of the Armed Forces who, as determined by the Secretary, has a total disability permanent in nature incurred or aggravated in the active military, naval, or air service;

.

(b)

Conforming amendments

Such title is further amended—

(1)

in section 3511—

(A)

in subsection (a)(1)—

(i)

by striking Each eligible person and inserting the following: Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,;

(ii)

by striking a period and inserting an aggregate period; and

(iii)

by striking the second sentence;

(B)

in subsection (b)(3), by striking section 3501(a)(1)(D) and inserting subparagraph (D) or (E) of section 3501(a)(1); and

(C)

in subsection (c), by striking or 3501(a)(1)(D)(i) and inserting 3501(a)(1)(D)(i), or 3501(a)(1)(E);

(2)

in section 3512—

(A)

in subsection (a), by striking an eligible person (within the meaning of section 3501(a)(1)(A) of this title) and inserting an eligible person whose eligibility is based on the death or disability of a parent;

(B)

in subsection (b)—

(i)

in paragraph (1)(A)—

(I)

by inserting after section 3501(a)(1) of this title the following: or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title;

(II)

by striking or 3501(a)(1)(D)(ii) of this title and inserting 3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title;

(ii)

in paragraph (1)(B), by adding at the end the following new clause:

(iii)

The date on which the Secretary notifies the member of the Armed Forces from whom eligibility is derived that the member has a total disability permanent in nature incurred or aggravated in the active military, naval, or air service.

; and

(iii)

in paragraph (2), by striking or (D) of this title and inserting (D), or (E) of this title;

(3)

in section 3540, by striking and (D) and inserting (D), and (E);

(4)

in section 3563, by striking each eligible person defined in section 3501(a)(1)(A) of this title and inserting the following: each eligible person whose eligibility is based on the death or disability of a parent;

(5)

in section 3686(a)(1), by striking or (D) and inserting (D), or (E); and

(6)

in section 5113(b)(3)(B), by striking or (D) and inserting (D), or (E).

(c)

Effective date

The amendments made by this section shall apply with respect to a payment of educational assistance for a course of education pursued after the date of the enactment of this Act.

Passed the House of Representatives November 14, 2006.

Karen L. Haas,

Clerk.