S 536

112th CONGRESS
1st Session

S. 536

To amend title 38, United States Code, to provide that utilization of survivors' and dependents' educational assistance shall not be subject to the 48-month limitation on the aggregate amount of assistance utilizable under multiple veterans and related educational assistance programs.

IN THE SENATE OF THE UNITED STATES

March 9, 2011

Mr. WEBB 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 provide that utilization of survivors' and dependents' educational assistance shall not be subject to the 48-month limitation on the aggregate amount of assistance utilizable under multiple veterans and related educational assistance programs.

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

SECTION 1. EXEMPTION OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE FROM 48-MONTH LIMITATION ON AGGREGATE NUMBER OF MONTHS OF ASSISTANCE UTILIZABLE UNDER MULTIPLE VETERANS AND RELATED EDUCATIONAL ASSISTANCE PROGRAMS.

    (a) Exemption- Section 3695(a)(4) of title 38, United States Code, is amended by striking `35,'.

    (b) Applicability- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall not operate to revive any entitlement to assistance under chapter 35 of title 38, United States Code, or the provisions of law referred to in section 3695(a) of such title, as in effect on the day before such date, that was terminated by reason of the operation of section 3695(a) of such title, as so in effect, before such date.

    (c) Revival of Entitlement Reduced by Prior Utilization of Chapter 35 Assistance- In the case of an individual whose period of entitlement to assistance under a provision of law referred to in section 3695(a) of title 38, United States Code (other than chapter 35 of such title), as in effect on the day before the date of the enactment of this Act, was reduced under such section 3695(a), as so in effect, by reason of the utilization of entitlement to assistance under chapter 35 of such title before the date of the enactment of this Act, the period of entitlement to assistance of such individual under such provision shall be determined without regard to any entitlement so utilized by the individual under chapter 35 of such title.

END