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107TH CONGRESS

1ST SESSION S. 131

To amend title 38, United States Code, to modify the annual determination

of the rate of the basic benefit of active duty educational assistance

under the Montgomery GI Bill, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 2001

Mr. JOHNSON (for himself and Ms. COLLINS) 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 modify the annual

determination of the rate of the basic benefit of active

duty educational assistance under the Montgomery GI

Bill, 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’ Higher Edu5 cation Opportunities Act of 2001’’.
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1 SEC. 2. MODIFICATION OF ANNUAL DETERMINATION OF

2 BASIC BENEFIT OF ACTIVE DUTY EDU3 CATIONAL ASSISTANCE UNDER THE MONT4 GOMERY GI BILL.

5 (a) BASIC BENEFIT.—Section 3015 of title 38,

6 United States Code, is amended—

7 (1) in subsection (a)(1), by striking ‘‘of $650

8 (as increased from time to time under subsection

9 (h))’’ and inserting ‘‘equal to the average monthly

10 costs of tuition and expenses for commuter students

11 at public institutions of higher education that award

12 baccalaureate degrees (as determined under sub13 section (h))’’; and

14 (2) in subsection (b)(1) by striking ‘‘of $528

15 (as increased from time to time under subsection

16 (h))’’ and inserting ‘‘equal to 75 percent of the aver17 age monthly costs of tuition and expenses for com18 muter students at public institutions of higher edu19 cation that award baccalaureate degrees (as deter20 mined under subsection (h))’’.

21 (b) DETERMINATION OF AVERAGE MONTHLY

22 COSTS.—Subsection (h) of that section is amended to read

23 as follows:

24 ‘‘(h)(1) Not later than September 30 each year, the

25 Secretary shall determine the average monthly costs of tui26 tion and expenses for commuter students at public institu-
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1 tions of higher education that award baccalaureate de2 grees for purposes of subsections (a)(1) and (b)(1) for the

3 succeeding fiscal year. The Secretary shall determine such

4 costs utilizing information obtained from the College

5 Board or information provided annually by the College

6 Board in its annual survey of institutions of higher edu7 cation.

8 ‘‘(2) In determining the costs of tuition and expenses

9 under paragraph (1), the Secretary shall take into account

10 the following:

11 ‘‘(A) Tuition and fees.

12 ‘‘(B) The cost of books and supplies.

13 ‘‘(C) The cost of board.

14 ‘‘(D) Transportation costs.

15 ‘‘(E) Other nonfixed educational expenses.

16 ‘‘(3) A determination made under paragraph (1) in

17 a year shall take effect on October 1 of that year and

18 apply with respect to basic educational assistance allow19 ances payable under this section for the fiscal year begin20 ning in that year.

21 ‘‘(4) Not later than September 30 each year, the Sec22 retary shall publish in the Federal Register the average

23 monthly costs of tuition and expenses as determined under

24 paragraph (1) in that year.
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1 ‘‘(5) For purposes of this section, the term ‘institu2 tion of higher education’ has the meaning given that term

3 in section 101 of the Higher Education Act of 1965 (20

4 U.S.C. 1001).’’.

5 (c) STYLISTIC AMENDMENT.—Subsection (b) of that

6 section is further amended in the matter preceding para7 graph (1) by striking ‘‘as provided in the succeeding sub8 sections of this section’’ and inserting ‘‘as otherwise pro9 vided in this section’’.

10 (d) EFFECTIVE DATE.—(1) Except as provided in

11 paragraph (2), the amendments made by this section shall

12 take effect on October 1, 2001.

13 (2) The Secretary of Veterans Affairs shall make the

14 determination required by subsection (h) of section 3015

15 of title 38, United States Code (as amended by subsection

16 (b) of this section), and such determination shall go into

17 effect, for fiscal year 2002.

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