II

106TH CONGRESS

1ST SESSION S. 1041

To amend title 38, United States Code, to permit certain members of the

Armed Forces not currently participating in the Montgomery GI Bill

educational assistance program to participate in that program, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 13, 1999

Mr. FRIST 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 permit certain

members of the Armed Forces not currently participating

in the Montgomery GI Bill educational assistance program to participate in that program, and for other purposes.

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 ‘‘GI Education Oppor5 tunity Act of 1999’’.
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1 SEC. 2. PARTICIPATION OF ADDITIONAL MEMBERS OF THE

2 ARMED FORCES IN MONTGOMERY GI BILL

3 PROGRAM.

4 (a) PARTICIPATION AUTHORIZED.—(1) Subchapter

5 II of chapter 30 of title 38, United States Code, is amend6 ed by inserting after section 3018C the following new sec7 tion:

8 ‘‘§ 3018D. Opportunity to enroll: certain VEAP par9 ticipants; active duty personnel not pre10 viously enrolled

11 ‘‘(a) Notwithstanding any other provision of law, an

12 individual who—

13 ‘‘(1) either—

14 ‘‘(A) is a participant on the date of the en15 actment of this section in the educational bene16 fits program provided by chapter 32 of this

17 title; or

18 ‘‘(B) has made an election under section

19 3011(c)(1) or 3012(d)(1) of this title not to re20 ceive educational assistance under this chapter

21 and has not withdrawn that election under sec22 tion 3018(a) of this title as of such date;

23 ‘‘(2) is serving on active duty (excluding periods

24 referred to in section 3202(1)(C) of this title in the

25 case of an individual described in paragraph (1)(A))

26 on such date;
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1 ‘‘(3) before applying for benefits under this sec2 tion, has completed the requirements of a secondary

3 school diploma (or equivalency certificate) or has

4 successfully completed the equivalent of 12 semester

5 hours in a program of education leading to a stand6 ard college degree;

7 ‘‘(4) if discharged or released from active duty

8 after the date on which the individual makes the

9 election described in paragraph (5), is discharged

10 with an honorable discharge or released with service

11 characterized as honorable by the Secretary con12 cerned; and

13 ‘‘(5) during the one-year period beginning on

14 the date of the enactment of this section, makes an

15 irrevocable election to receive benefits under this sec16 tion in lieu of benefits under chapter 32 of this title

17 or withdraws the election made under section

18 3011(c)(1) or 3012(d)(1) of this title, as the case

19 may be, pursuant to procedures which the Secretary

20 of each military department shall provide in accord21 ance with regulations prescribed by the Secretary of

22 Defense for the purpose of carrying out this section

23 or which the Secretary of Transportation shall pro24 vide for such purpose with respect to the Coast
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1 Guard when it is not operating as a service in the

2 Navy;

3 is entitled to basic educational assistance under this chap4 ter.

5 ‘‘(b)(1) Except as provided in paragraphs (2) and

6 (3), in the case of an individual who makes an election

7 under subsection (a)(5) to become entitled to basic edu8 cation assistance under this chapter—

9 ‘‘(A) the basic pay of the individual shall be re10 duced (in a manner determined by the Secretary of

11 Defense) until the total amount by which such basic

12 pay is reduced is $1,200; or

13 ‘‘(B) to the extent that basic pay is not so re14 duced before the individual’s discharge or release

15 from active duty as specified in subsection (a)(4),

16 the Secretary shall collect from the individual an

17 amount equal to the difference between $1,200 and

18 the total amount of reductions under subparagraph

19 (A), which shall be paid into the Treasury of the

20 United States as miscellaneous receipts.

21 ‘‘(2) In the case of an individual previously enrolled

22 in the educational benefits program provided by chapter

23 32 of this title, the Secretary shall reduce the total amount

24 of the reduction in basic pay otherwise required by para25 graph (1) by an amount equal to so much of the unused
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1 contributions made by the individual to the Post-Vietnam

2 Era Veterans Education Account under section 3222(a)

3 of this title as do not exceed $1,200.

4 ‘‘(3) An individual may at any time pay the Secretary

5 an amount equal to the difference between the total of

6 the reductions otherwise required with respect to the indi7 vidual under this subsection and the total amount of the

8 reductions with respect to the individual under this sub9 section at the time of the payment. Amounts paid under

10 this paragraph shall be paid into the Treasury of the

11 United States as miscellaneous receipts.

12 ‘‘(c)(1) Except as provided in paragraph (3), an indi13 vidual who is enrolled in the educational benefits program

14 provided by chapter 32 of this title and who makes the

15 election described in subsection (a)(5) shall be disenrolled

16 from the program as of the date of such election.

17 ‘‘(2) For each individual who is disenrolled from such

18 program, the Secretary shall refund—

19 ‘‘(A) to the individual in the manner provided

20 in section 3223(b) of this title so much of the un21 used contributions made by the individual to the

22 Post-Vietnam Era Veterans Education Account as

23 are not used to reduce the amount of the reduction

24 in the individual’s basic pay under subsection (b)(2);

25 and
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1 ‘‘(B) to the Secretary of Defense the unused

2 contributions (other than contributions made under

3 section 3222(c) of this title) made by such Secretary

4 to the Account on behalf of such individual.

5 ‘‘(3) Any contribution made by the Secretary of De6 fense to the Post-Vietnam Era Veterans Education Ac7 count pursuant to section 3222(c) of this title on behalf

8 of an individual referred to in paragraph (1) shall remain

9 in such account to make payments of benefits to the indi10 vidual under section 3015(f) of this title.

11 ‘‘(d) The procedures provided in regulations referred

12 to in subsection (a) shall provide for notice of the require13 ments of subparagraphs (B), (C), and (D) of section

14 3011(a)(3) of this title. Receipt of such notice shall be

15 acknowledged in writing.’’.

16 (2) The table of sections at the beginning of chapter

17 30 of that title is amended by inserting after the item re18 lating to section 3018C the following new item:

‘‘3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled.’’.

19 (b) CONFORMING AMENDMENT.—Section 3015(f) of

20 that title is amended by striking ‘‘or 3018C’’ and inserting

21 ‘‘3018C, or 3018D’’.

22 (c) SENSE OF CONGRESS.—It is the sense of Con23 gress that any law enacted after the date of the enactment

24 of this Act which includes provisions terminating or reduc-
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1 ing the contributions of members of the Armed Forces for

2 basic educational assistance under subchapter II of chap3 ter 30 of title 38, United States Code, should terminate

4 or reduce by an identical amount the contributions of

5 members of the Armed Forces for such assistance under

6 section of section 3018D of that title, as added by sub7 section (a).

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