II

107TH CONGRESS

1ST SESSION S. 1095

To amend title 38, United States Code, to restore promised GI Bill

educational benefits to Vietnam era veterans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 25, 2001

Mr. THOMPSON 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 restore promised

GI Bill educational benefits to Vietnam era 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 ‘‘Veterans’ Educational

5 Assistance Restoration Act of 2001’’.

6 SEC. 2. ELIGIBILITY FOR MONTGOMERY GI BILL BENEFITS

7 OF CERTAIN ADDITIONAL VIETNAM ERA VET8 ERANS.

9 (a) ACTIVE DUTY PROGRAM.—Section 3011(a)(1) of

10 title 38, United States Code, is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (A);

3 (2) by adding ‘‘or’’ at the end of subparagraph

4 (B); and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(C) as of December 31, 1989, is eligible

8 for educational assistance benefits under chap9 ter 34 of this title and—

10 ‘‘(i) was not on active duty on October

11 19, 1984;

12 ‘‘(ii) reenlists or reenters on a period

13 of active duty after the date specified in

14 clause (i); and

15 ‘‘(iii) after July 2, 1985, either—

16 ‘‘(I) serves at least three years of

17 continuous active duty in the Armed

18 Forces; or

19 ‘‘(II) is discharged or released

20 from active duty (aa) for a service21 connected disability, for a medical

22 condition which preexisted such serv23 ice on active duty and which the Sec24 retary determines is not service con25 nected, for hardship, or for a physical
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1 or mental condition that was not char2 acterized as a disability, as described

3 in subparagraph (A)(ii)(I) of this

4 paragraph, (bb) for the convenience of

5 the Government, if the individual com6 pleted not less than 30 months of con7 tinuous active duty after that date, or

8 (cc) involuntarily for the convenience

9 of the Government as a result of a re10 duction in force, as determined by the

11 Secretary of the military department

12 concerned in accordance with regula13 tions prescribed by the Secretary of

14 Defense or by the Secretary of Trans15 portation with respect to the Coast

16 Guard when it is not operating as a

17 service in the Navy;’’.

18 (b) SELECTED RESERVE PROGRAM.—Section

19 3012(a)(1) of that title is amended—

20 (1) by striking ‘‘or’’ at the end of subparagraph

21 (A);

22 (2) by adding ‘‘or’’ at the end of subparagraph

23 (B); and

24 (3) by adding at the end the following new sub25 paragraph:
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1 ‘‘(C) as of December 31, 1989, is eligible

2 for educational assistance under chapter 34 of

3 this title and—

4 ‘‘(i) was not on active duty on October

5 19, 1984;

6 ‘‘(ii) reenlists or reenters on a period

7 of active duty after the date specified in

8 clause (i); and

9 ‘‘(iii) after July 2, 1985—

10 ‘‘(I) serves at least two years of

11 continuous active duty in the Armed

12 Forces, subject to subsection (b) of

13 this section, characterized by the Sec14 retary concerned as honorable service;

15 and

16 ‘‘(II) subject to subsection (b) of

17 this section and beginning within one

18 year after completion of such two

19 years of service, serves at least four

20 continuous years in the Selected Re21 serve during which the individual par22 ticipates satisfactorily in training as

23 prescribed by the Secretary con24 cerned;’’.
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1 (c) TIME FOR USE OF ENTITLEMENT.—Section 3031

2 of that title is amended—

3 (1) in subsection (a)—

4 (A) by striking ‘‘and’’ at the end of para5 graph (1);

6 (B) by striking the period at the end of

7 paragraph (2) and inserting ‘‘; and’’; and

8 (C) by adding at the end the following new

9 paragraph:

10 ‘‘(3) in the case of an individual who becomes

11 entitled to such assistance under section

12 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on the

13 date of the enactment of this paragraph.’’; and

14 (2) in subsection (e)(1), by striking ‘‘section

15 3011(a)(1)(B) or 3012(a)(1)(B)’’ and inserting

16 ‘‘section 3011(a)(1)(B), 3011(a)(1)(C),

17 3012(a)(1)(B), or 3012(a)(1)(C)’’.

Æ