Calendar No. 222

106TH CONGRESS

1ST SESSION S. 1402

[Report No. 106–114]

A BILL

To amend title 38, United States Code, to enhance

erans, and for other purposes.programs providing education benefits for vetJULY 20, 1999

Read twice and placed and the calendar
II

Calendar No. 222

106TH CONGRESS

1ST SESSION S. 1402

[Report No. 106–114]

To amend title 38, United States Code, to enhance programs providing

education benefits for veterans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 20, 1999

Mr. SPECTER, from the Committee on Veterans’ Affairs, reported the

following original bill; which was read twice and placed on the calendar

A BILL

To amend title 38, United States Code, to enhance programs

providing education benefits for veterans, 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 ‘‘All-Volunteer Force

5 Educational Assistance Programs Improvements Act of

6 1999’’.
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1 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 38, United States Code.

7 SEC. 3. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS

8 FOR PREPARATORY COURSES FOR COLLEGE

9 AND GRADUATE SCHOOL ENTRANCE EXAMS.

10 Section 3002(3) is amended—

11 (1) in subparagraph (A), by striking ‘‘and’’ at

12 the end;

13 (2) by redesignating subparagraph (B) as sub14 paragraph (C); and

15 (3) by inserting after subparagraph (A) the fol16 lowing new subparagraph (B):

17 ‘‘(B) includes—

18 ‘‘(i) a preparatory course for a test that is

19 required or utilized for admission to an institu20 tion of higher education; and

21 ‘‘(ii) a preparatory course for a test that is

22 required or utilized for admission to a graduate

23 school; and’’.
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1 SEC. 4. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY EDU2 CATIONAL ASSISTANCE.

3 (a) INCREASE IN BASIC BENEFIT.—Section 3015 is

4 amended—

5 (1) in subsection (a)(1), by striking ‘‘$528’’ and

6 inserting ‘‘$600’’; and

7 (2) in subsection (b)(1), by striking ‘‘$429’’

8 and inserting ‘‘$488’’.

9 (b) EFFECTIVE DATE.—The amendments made by

10 subsection (a) shall take effect on October 1, 1999, and

11 shall apply with respect to educational assistance allow12 ances paid for months after September 1999. However,

13 no adjustment in rates of educational assistance shall be

14 made under section 3015(g) of title 38, United States

15 Code, for fiscal year 2000.

16 SEC. 5. INCREASE IN RATES OF SURVIVORS AND DEPEND17 ENTS EDUCATIONAL ASSISTANCE.

18 (a) SURVIVORS AND DEPENDENTS EDUCATIONAL

19 ASSISTANCE.—Section 3532 is amended—

20 (1) in subsection (a)(1)—

21 (A) by striking ‘‘$485’’ and inserting

22 ‘‘$550’’;

23 (B) by striking ‘‘$365’’ and inserting

24 ‘‘$414’’; and

25 (C) by striking ‘‘$242’’ and inserting

26 ‘‘$274’’;
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1 (2) in subsection (a)(2), by striking ‘‘$485’’ and

2 inserting ‘‘$550’’;

3 (3) in subsection (b), by striking ‘‘$485’’ and

4 inserting ‘‘$550’’; and

5 (4) in subsection (c)(2)—

6 (A) by striking ‘‘$392’’ and inserting

7 ‘‘$445’’;

8 (B) by striking ‘‘$294’’ and inserting

9 ‘‘$333’’; and

10 (C) by striking ‘‘$196’’ and inserting

11 ‘‘$222’’.

12 (b) CORRESPONDENCE COURSE.—Section 3534(b) is

13 amended by striking ‘‘$485’’ and inserting ‘‘$550’’.

14 (c) SPECIAL RESTORATIVE TRAINING.—Section

15 3542(a) is amended—

16 (1) by striking ‘‘$485’’ and inserting ‘‘$550’’;

17 (2) by striking ‘‘$152’’ each place it appears

18 and inserting ‘‘$172’’; and

19 (3) by striking ‘‘$16.16’’ and inserting

20 ‘‘$18.35’’.

21 (d) APPRENTICESHIP TRAINING.—Section

22 3687(b)(2) is amended—

23 (1) by striking ‘‘$353’’ and inserting ‘‘$401’’;

24 (2) by striking ‘‘$264’’ and inserting ‘‘$299’’;
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1 (3) by striking ‘‘$175’’ and inserting ‘‘$198’’;

2 and

3 (4) by striking ‘‘$88’’ and inserting ‘‘$99’’.

4 (e) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect on October 1, 1999, and shall

6 apply with respect to educational assistance paid for

7 months after September 1999.

8 SEC. 6. INCREASED ACTIVE DUTY EDUCATIONAL ASSIST9 ANCE BENEFIT FOR CONTRIBUTING MEM10 BERS.

11 (a) AUTHORITY TO MAKE CONTRIBUTIONS FOR IN12 CREASED ASSISTANCE AMOUNT.—(1) Section 3011 is

13 amended—

14 (A) by redesignating subsection (i) as sub15 section (j); and

16 (B) by inserting after subsection (h) the fol17 lowing new subsection (i):

18 ‘‘(i)(1) Any individual eligible for educational assist19 ance under this section who does not make an election

20 under subsection (c)(1) may contribute amounts for pur21 poses of receiving an increased amount of basic edu22 cational assistance as provided for under section 3015(g)

23 of this title. Such contributions shall be in addition to any

24 reductions in the basic pay of such individual under sub25 section (b).
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1 ‘‘(2) An individual covered by paragraph (1) may

2 make the contributions authorized by that paragraph at

3 any time while on active duty.

4 ‘‘(3) The total amount of the contributions made by

5 an individual under paragraph (1) may not exceed $600.

6 Such contributions shall be made in multiples of $4.

7 ‘‘(4) Contributions under this subsection shall be

8 made to the Secretary. The Secretary shall deposit any

9 amounts received by the Secretary as contributions under

10 this subsection into the Treasury as miscellaneous re11 ceipts.’’.

12 (2) Section 3012 is amended—

13 (A) by redesignating subsection (g) as sub14 section (h); and

15 (B) by inserting after subsection (f) the fol16 lowing new subsection (g):

17 ‘‘(g)(1) Any individual eligible for educational assist18 ance under this section who does not make an election

19 under subsection (d)(1) may contribute amounts for pur20 poses of receiving an increased amount of basic edu21 cational assistance as provided for under section 3015(g)

22 of this title. Such contributions shall be in addition to any

23 reductions in the basic pay of such individual under sub24 section (c).
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1 ‘‘(2) An individual covered by paragraph (1) may

2 make the contributions authorized by that paragraph at

3 any time while on active duty.

4 ‘‘(3) The total amount of the contributions made by

5 an individual under paragraph (1) may not exceed $600.

6 Such contributions shall be made in multiples of $4.

7 ‘‘(4) Contributions under this subsection shall be

8 made to the Secretary. The Secretary shall deposit any

9 amounts received by the Secretary as contributions under

10 this subsection into the Treasury as miscellaneous re11 ceipts.’’.

12 (b) INCREASED ASSISTANCE AMOUNT.—Section

13 3015, as amended by section 4 of this Act, is further

14 amended—

15 (1) by striking ‘‘subsection (g)’’ each place it

16 appears in subsections (a)(1) and (b)(1) and insert17 ing ‘‘subsection (h)’’;

18 (2) by redesignating subsection (g) as sub19 section (h); and

20 (3) by inserting after subsection (f) the fol21 lowing new subsection (g):

22 ‘‘(g) In the case of an individual who has made con23 tributions authorized by section 3011(i) or 3012(g) of this

24 title, the monthly amount of basic educational assistance

25 allowance applicable to such individual under subsection
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1 (a), (b), or (c) shall be the monthly rate otherwise pro2 vided for under the applicable subsection increased by—

3 ‘‘(1) an amount equal to $1 for each $4 con4 tributed by such individual under section 3011(i) or

5 3012(g), as the case may be, for an approved pro6 gram of education pursued on a full-time basis; or

7 ‘‘(2) an appropriately reduced amount based on

8 the amount so contributed, as determined under reg9 ulations which the Secretary shall prescribe, for an

10 approved program of education pursued on less than

11 a full-time basis.’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect on January 1, 2000.

14 SEC. 7. CONTINUING ELIGIBILITY FOR EDUCATIONAL AS15 SISTANCE OF MEMBERS OF THE ARMED

16 FORCES ATTENDING OFFICER TRAINING

17 SCHOOL.

18 Section 3011(a)(1) is amended—

19 (1) in subparagraph (A)(ii)—

20 (A) by striking ‘‘or (III)’’ and inserting

21 ‘‘(III)’’; and

22 (B) by inserting before the semicolon at

23 the end the following: ‘‘or (IV) for immediate

24 reenlistment to accept a commission as an offi25 cer and subsequently completes the resulting
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1 obligated period of active duty service as a com2 missioned officer’’; and

3 (2) in subparagraph (B)(ii)—

4 (A) by striking ‘‘, or (III)’’ and inserting

5 ‘‘; (III)’’; and

6 (B) by inserting before the semicolon at

7 the end the following: ‘‘or (IV) for immediate

8 reenlistment to accept a commission as an offi9 cer and subsequently completes the resulting

10 obligated period of active duty service as a com11 missioned officer’’.

12 SEC. 8. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES

13 TO WITHDRAW ELECTIONS NOT TO RECEIVE

14 MONTGOMERY GI BILL BASIC EDUCATIONAL

15 ASSISTANCE.

16 (a) MEMBERS ON ACTIVE DUTY.—Section 3011(c) is

17 amended by adding at the end the following:

18 ‘‘(4)(A) An individual who makes an election under

19 paragraph (1) may withdraw the election at any time be20 fore the discharge or release of the individual from active

21 duty in the Armed Forces. An individual who withdraws

22 such an election may become entitled to basic educational

23 assistance under this chapter.

24 ‘‘(B) The withdrawal of an election under this para25 graph shall be made in accordance with regulations pre-
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1 scribed by the Secretary of Defense or by the Secretary

2 of Transportation with respect to the Coast Guard when

3 it is not operating as a service in the Navy.

4 ‘‘(C)(i) In the case of an individual who withdraws

5 an election under this paragraph—

6 ‘‘(I) the basic pay of the individual shall be re7 duced by $100 for each month after the month in

8 which the election is made until the total amount of

9 such reductions equals $1,500; or

10 ‘‘(II) to the extent that basic pay is not so re11 duced before the individual’s discharge or release

12 from active duty in the Armed Forces, the Sec13 retary, before authorizing the payment of edu14 cational assistance under this chapter, shall ensure

15 that an amount equal to the difference between

16 $1,500 and the total amount of reductions under

17 subclause (I) was paid before the discharge or re18 lease of the individual from active duty in the Armed

19 Forces.

20 ‘‘(ii) An individual described in clause (i) may pay

21 the Secretary at any time before discharge or release from

22 active duty in the Armed Forces an amount equal to the

23 total amount of the reduction in basic pay otherwise re24 quired with respect to the individual under that clause

25 minus the total amount of reductions of basic pay of the
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1 individual under that clause at the time of the payment

2 under this clause.

3 ‘‘(iii) The second sentence of subsection (b) shall

4 apply to any reductions in basic pay under clause (i)(I).

5 ‘‘(iv) Amounts paid under clauses (i)(II) and (ii) shall

6 be deposited into the Treasury as miscellaneous receipts.

7 ‘‘(D) The withdrawal of an election under this para8 graph is irrevocable.’’.

9 (b) MEMBERS OF SELECTED RESERVE.—Section

10 3012(d) is amended by adding at the end the following:

11 ‘‘(4)(A) An individual who makes an election under

12 paragraph (1) may withdraw the election at any time be13 fore the discharge or release of the individual from the

14 Armed Forces. An individual who withdraws such an elec15 tion may become entitled to basic educational assistance

16 under this chapter.

17 ‘‘(B) The withdrawal of an election under this para18 graph shall be made in accordance with regulations pre19 scribed by the Secretary of Defense or by the Secretary

20 of Transportation with respect to the Coast Guard when

21 it is not operating as a service in the Navy.

22 ‘‘(C)(i) In the case of an individual who withdraws

23 an election under this paragraph—

24 ‘‘(I) the basic pay or compensation of the indi25 vidual shall be reduced by $100 for each month
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1 after the month in which the election is made until

2 the total amount of such reductions equals $1,500;

3 or

4 ‘‘(II) to the extent that basic pay or compensa5 tion is not so reduced before the individual’s dis6 charge or release from the Armed Forces, the Sec7 retary, before authorizing the payment of edu8 cational assistance under this chapter, shall ensure

9 that an amount equal to the difference between

10 $1,500 and the total amount of reductions under

11 subclause (I) was paid before the discharge or re12 lease of the individual from the Armed Forces.

13 ‘‘(ii) An individual described in clause (i) may pay

14 the Secretary at any time before discharge or release from

15 the Armed Forces an amount equal to the total amount

16 of the reduction in basic pay or compensation otherwise

17 required with respect to the individual under that clause

18 minus the total amount of reductions of basic pay or com19 pensation of the individual under that clause at the time

20 of the payment under this clause.

21 ‘‘(iii) The second sentence of subsection (c) shall

22 apply to any reductions in basic pay or compensation

23 under clause (i)(I).

24 ‘‘(iv) Amounts paid under clauses (i)(II) and (ii) shall

25 be deposited into the Treasury as miscellaneous receipts.
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1 ‘‘(D) The withdrawal of an election under this para2 graph is irrevocable.’’.

3 SEC. 9. ACCELERATED PAYMENTS OF BASIC EDUCATIONAL

4 ASSISTANCE.

5 Section 3014 is amended—

6 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;

7 and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b)(1) The Secretary may make payments of basic

11 educational assistance under this subchapter on an accel12 erated basis.

13 ‘‘(2) The Secretary may pay basic educational assist14 ance on an accelerated basis under this subsection only

15 to an individual entitled to payment of such assistance

16 under this subchapter who has made a request for pay17 ment of such assistance on an accelerated basis.

18 ‘‘(3) In the event an adjustment under section

19 3015(g) of this title in the monthly rate of basic edu20 cational assistance will occur during a period for which

21 a payment of such assistance is made on an accelerated

22 basis under this subsection, the Secretary shall pay on an

23 accelerated basis the amount of such assistance otherwise

24 payable under this subchapter for the period without re25 gard to the adjustment under that section.
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1 ‘‘(4) For each accelerated payment made to an indi2 vidual, the individual’s entitlement under this subchapter

3 shall be charged as if the individual had received a month4 ly educational assistance allowance for the period of edu5 cational pursuit covered by the accelerated payment.

6 ‘‘(5) Basic educational assistance shall be paid on an

7 accelerated basis under this subsection as follows:

8 ‘‘(A) In the case of assistance for a course lead9 ing to a standard college degree, at the beginning of

10 the quarter, semester, or term of the course in a

11 lump-sum amount equivalent to the aggregate

12 amount of monthly assistance otherwise payable

13 under this subchapter for the quarter, semester, or

14 term, as the case may be, of the course.

15 ‘‘(B) In the case of assistance for a course

16 other than a course referred to in subparagraph

17 (A)—

18 ‘‘(i) at the later of (I) the beginning of the

19 course, or (II) a reasonable time after the re20 quest for payment by the individual concerned;

21 and

22 ‘‘(ii) in any amount requested by the indi23 vidual concerned within the limit, if any, speci24 fied in the regulations prescribed by the Sec25 retary under paragraph (6), with such limit not
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1 to exceed the aggregate amount of monthly as2 sistance otherwise payable under this sub3 chapter for the period of the course.

4 ‘‘(6) The Secretary shall prescribe regulations for

5 purposes of making payments of basic educational assist6 ance on an accelerated basis under this subsection. Such

7 regulations shall include requirements relating to the re8 quest for, making and delivery of, and receipt and use of

9 such payments and may include a limit on the amount

10 payable for a course under paragraph (5)(B)(ii).’’.

11 SEC. 10. VETERANS EDUCATION AND VOCATIONAL TRAIN12 ING BENEFITS PROVIDED BY THE STATES.

13 (a) ANNUAL REPORT.—(1) Not later than six months

14 after the date of the enactment of this Act, and January

15 31 of each year thereafter, the Secretary of Veterans Af16 fairs shall, in consultation with the Secretary of Edu17 cation, the Secretary of Defense, and the Secretary of

18 Labor, submit to the Committees on Veterans’ Affairs of

19 the Senate and the House of Representatives a report on

20 veterans education and vocational training benefits pro21 vided by the States.

22 (2) A report under paragraph (1) shall include, for

23 the one-year period ending on the date of the report, the

24 following:
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1 (A) A description of the assistance in securing

2 post-secondary education and vocational training

3 provided veterans by each State.

4 (B) A list of the States which provide veterans

5 full or partial waivers of tuition for attending insti6 tutions of higher education that are State-supported.

7 (C) A description of the actions taken by the

8 Department of Veterans Affairs, Department of De9 fense, Department of Education, and Department of

10 Labor to encourage the States to provide benefits

11 designed to assist veterans in securing post-sec12 ondary education and vocational training.

13 (b) SENSE OF CONGRESS REGARDING STATE VET14 ERANS EDUCATION AND VOCATIONAL TRAINING BENE15 FITS.—(1) Congress makes the following findings:

16 (A) The peace and prosperity of the citizens of

17 the States are ensured by the voluntary service of

18 men and women in the Armed Forces.

19 (B) Veterans benefit from the military training

20 and discipline and the success-oriented attitude that

21 are inculcated by service in the Armed Forces.

22 (C) It is in the social and economic interests of

23 the States to take advantage of the positive personal

24 attributes of veterans which are nurtured through

25 service in the Armed Forces.
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1 (D) A post-secondary education provides vet2 erans the means to maximize their contribution to

3 the society and economy of the States.

4 (E) Some States have recognized that it is in

5 their interest to provide veterans post-secondary

6 education on a tuition-free basis.

7 (2) It is the sense of Congress that each of the States

8 should admit qualified veterans to publicly-supported in9 stitutions of higher education on a tuition-free basis.

10 (c) STATE DEFINED.—In this section, the term

11 ‘‘State’’ has the meaning given that term in section

12 101(20) of title 38, United States Code.