GovTrack’s Bill Summary
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Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
Desert Storm Servicepersons' Readjustment Act of 1992 - Amends Federal veterans' benefits provisions to add a new chapter which implements the Persian Gulf War Educational Assistance Program. Makes eligible for full educational assistance under the Program each veteran of the Persian Gulf War (War) who either: (1) served on active duty for 90 days or more during the War, and was discharged or released under conditions other than dishonorable; (2) was in a reserve or National Guard component before August 2, 1990, and served during the War on active duty on or after such date, and was discharged or released under conditions other than dishonorable; or (3) was discharged or released from active duty any part of which was performed during the War, or following entrance into active service after enlistment or assignment in the reserve or National Guard, because of a service-connected disability. Outlines educational assistance entitlement provisions. Prohibits such educational assistance to be continued beyond ten years after the veteran's last discharge or release from active duty after August 2, 1990, with an exception for delays caused by a physical or mental disability which is not the result of the veteran's own willful misconduct. Allows a veteran who does not complete the education within the ten-year delimiting period to receive the remainder of his or her entitlement in the form of an educational loan if such veteran was pursuing an approved program of education on a full-time basis at the time of the expiration of such veteran's eligibility. Outlines provisions concerning the extension of the educational assistance entitlement for a veteran whose delimiting period is extended due to mental or physical disability reasons. Allows an active-duty veteran of the War to use any unused educational entitlement for pursuing: (1) a program of apprenticeship or other on-job training; (2) a course with an approved vocational objective; or (3) a program of secondary education, if the veteran does not have a secondary school diploma or equivalency certificate. Directs the Secretary of Veterans Affairs to provide such a veteran with necessary employment counseling to assist the veteran in obtaining employment consistent with such veteran's abilities, aptitudes, and interests. Allows educational assistance for the pursuit of apprenticeship, on-job training, or for vocational objectives unless the Secretary determines that the veteran is not in need of such a program or course in order to obtain a stable employment situation consistent with such veteran's abilities and aptitudes. Outlines provisions concerning the monthly rate of such educational assistance, and prohibits a veteran's last discharge or release from active duty to include a period of active duty of fewer than 90 days, unless released for a service-connected disability, preexisting medical condition, for hardship, or as a result of a reduction in force. Outlines provisions concerning the furnishing of such assistance, and the running of the delimiting period, for veterans: (1) having a change, correction, or modification made to their personnel records in connection with their discharge or release; or (2) who, subsequent to their discharge or release, were captured and held as prisoners of war by a foreign government or power. Directs the Secretary to make available, upon the request of any eligible veteran under this Act, counseling and other services deemed necessary to aid such veteran in selecting: (1) an educational objective and the educational institution appropriate for achieving such objective; or (2) an employment objective in light of the veteran's personal circumstances. Directs the Secretary to take appropriate steps to inform such veterans of the availability of such services. Allows each eligible veteran under this Act to select a program of education at any educational institution approved by the Department of Veterans Affairs and selected by the veteran, which will accept and retain the veteran in any field which such institution finds the veteran qualified to undertake or pursue. Outlines application requirements, requiring each eligible veteran to make such application to the Secretary. Directs the Secretary to approve such application unless specified conditions exist. Disapproves certain courses for educational assistance under this Act (bartending, certain sales or sales management courses, courses found to be avocational or recreational in character, or independent study programs which do not lead to a college degree). Outlines certain conditions required for the approval of certain other courses. Prohibits the Secretary from approving the enrollment of an eligible veteran in any course for which the Secretary finds that 85 percent of the students enrolled in such course are having all or part of their tuition paid by the educational institution or by the Department, with a waiver of such prohibition if found to be in the best interest of the eligible veteran and the Government. Provides further exceptions to such prohibition. Directs the Secretary to discontinue the educational assistance allowance of an eligible veteran if the Secretary finds at any time that the veteran's attendance, conduct, or progress is unsatisfactory. Allows the Secretary to renew such assistance under limited circumstances. Prohibits a veteran from enrolling in any course at an educational institution outside the United States unless such course is pursued at an institution of higher learning and is approved by the Secretary. Directs the Secretary to provide educational assistance to each eligible veteran under this Act in the form of a monthly educational assistance allowance. Outlines provisions concerning the computation of such monthly allowance, with the amount differing with each type of program pursued (full-time, three-quarter-time, half-time, or cooperative) as well as with the number of dependents such veteran has. Requires such rates to be increased annually by the percentage increase in the Consumer Price Index. Allows a veteran up to six months of educational assistance for the pursuit of refresher training to update such veteran's knowledge and skills and to be instructed in technological advances which have occurred in such veteran's field of employment since the period of the veteran's active military service. Provides for the computation of the educational assistance allowance of an eligible veteran pursuing an independent study program which leads to a standard college degree, pursuing a course in part by open circuit television, or pursuing a program of education while incarcerated for conviction of a felony. Requires all courses of education to be approved by the Department before such allowances are paid. Authorizes any eligible veteran to pursue a program of apprenticeship or other on-job training, or a program of education exclusively by correspondence and be paid an allowance under appropriate provisions. Provides for the payment of an additional educational assistance allowance in the form of a work-study allowance to individuals performing certain work services while attending educational courses or receiving apprenticeship or other on-job training. Outlines work-study allowance requirements, limitations, and conditions. Requires the Secretary, wherever feasible in carrying out the work-study allowance provisions, to give priority to veterans with disabilities rated at 30 percent or more. Requires individuals performing work-study and receiving its allowance to be at least three-quarter-time students while completing the work-study agreement. Directs the Secretary to determine the number of individuals to participate in work-study in each geographical region of the Department, based on an annual survey. Requires such individuals, while performing such work-study, to be considered Federal employees for purposes of certain Federal benefits. Authorizes the Secretary to approve the enrollment of a veteran in an appropriate course or other special educational assistance program in the case of an eligible veteran who: (1) has not received a secondary school diploma (or its equivalent); or (2) is not on active duty and who, in order to pursue a program for which such veteran would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution. Provides for the payment of the appropriate educational assistance allowance in each of the above cases. Authorizes the Secretary to pay an educational assistance allowance to an eligible veteran receiving tutorial assistance while: (1) enrolled in and pursuing a postsecondary course of education on a half-time or more basis; and (2) having a deficiency in an area which is a prerequisite to successfully completing such course of education. Computes the amount of such educational assistance allowance. Requires an individual entitled to educational assistance under this Act and also entitled to educational assistance under another Federal program to elect a single program for such assistance. Requires the educational assistance programs established by this Act to be administered by the Department. Designates payments made for such assistance as incremental costs associated with Operation Desert Storm. Directs the Secretary to report biennially to the Congress on the operation of programs established under this Act. Amends Federal veterans' benefits provisions with respect to the Montgomery GI Bill basic educational assistance program to provide that the amount by which an individual's basic pay is reduced on or after August 1, 1990, shall be deemed to be payable to such individual as readjustment assistance and paid to such individual by the Secretary. Requires an individual to be paid back as readjustment assistance that amount representing reductions from such individual's basic pay prior to August 1, 1990, where such individual demonstrates that, for good cause shown, he or she was unable to receive the educational assistance for which such reductions were made. States that the authority to reduce an individual's basic pay shall terminate upon the enactment of this Act. States that, after such time, any individual who made an election not to receive educational assistance under the Montgomery GI Bill shall be entitled to such assistance, with specified monthly reductions in the amount of such assistance which represents the reductions not taken from the basic pay of such individual during the period in which the prior election not to be covered was in effect. Provides that all members who enter onto active duty after August 2, 1990, shall be deemed to have elected to receive educational assistance. Makes identical revisions to provisions concerning the basic educational assistance entitlement for service in the Selected Reserve. Increases the amount of monthly educational assistance under the Montgomery GI Bill program and directs (current law authorizes) the Secretary to make such payments and to increase annually the amount of such payments by the percentage increase in the Consumer Price Index. Authorizes appropriations from the Defense Cooperation Account for payments in FY 1992 through 1995 of the costs of educational assistance programs established under this Act. Designates such costs as incremental costs associated with Operation Desert Storm and therefore exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Amends various Federal provisions regarding veterans' education and training programs to incorporate appropriate references to the provisions added by this Act.
House Republican Conference Summary
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House Democratic Caucus Summary
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