I
103D CONGRESS
1ST SESSION
H. R. 1201
To amend title 38, United States Code, to provide an opportunity for those
service members on active duty who enlisted between January 1, 1977,
and June 30, 1985, to enroll in the All-Volunteer Force Educational
Assistance Program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1993
Mr. MONTGOMERY (by request) introduced the following bill; which was
referred jointly to the Committees on Armed Services and Veterans’ Affairs
A BILL
To amend title 38, United States Code, to provide an oppor-
tunity for those service members on active duty who
enlisted between January 1, 1977, and June 30, 1985,
to enroll in the All-Volunteer Force Educational Assist-
ance Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. OPPORTUNITY FOR PERSONS WHO ENLISTED
BETWEEN JANUARY 1, 1977, AND JUNE 30,
1985, TO ENROLL IN ALL-VOLUNTEER FORCE
EDUCATIONAL ASSISTANCE PROGRAM.
(a) IN GENERAL.—Chapter 30 of title 38, United
States Code, is amended by adding after section 3018B
the following new section:
‘‘§ 3018C. Opportunity for persons who enlisted be-
tween January 1, 1977, and June 30, 1985,
to enroll
‘‘(a) Notwithstanding any other provision of law, the
Secretary of Defense shall, subject to the availability of
appropriations, allow an individual who—
‘‘(1) is an eligible veteran for purposes of chap-
ter 32;
‘‘(2) is serving on active duty on the date of en-
actment of this section and is discharged or released
therefrom with an honorable discharge;
‘‘(3) before applying for benefits under this sec-
tion, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has
successfully completed the equivalent of 12 semester
hours in a program of education leading to a stand-
ard college degree; and
‘‘(4) before being discharged or released from
active duty as described in paragraph (2), elects to
receive assistance under this section or, in the case
of any individual enrolled in the educational benefits
program provided by chapter 32, makes an irrev-
ocable election to receive benefits under this section
in lieu of benefits under such chapter 32, pursuant
to procedures which the Secretary of each military
department shall provide in accordance with regula-
tions prescribed by the Secretary of Defense for the
purpose of carrying out this section or which the
Secretary of Transportation shall provide for such
purpose with respect to the Coast Guard when it is
not operating as a service in the Navy;
to become entitled to basic educational assistance under
this chapter.
‘‘(b)(1) Except as provided in paragraph (2), the
basic pay of an individual who makes an election under
subsection (a) to become entitled to basic educational as-
sistance under this chapter shall be reduced by $1,200.
‘‘(2) In the case that the Secretary of Defense deter-
mines that it is not administratively feasible to reduce the
basic pay of an individual for the purposes of paragraph
(1), such Secretary shall collect $1,200 from the individ-
ual, which shall be paid into the Treasury of the United
States as miscellaneous receipts.
‘‘(3) No payment of basic educational assistance
under this chapter shall be made to an individual allowed
to become entitled to such assistance under this section
whose basic pay has not been reduced as provided in para-
graph (1) or who has not paid the Secretary of Defense
in accordance with paragraph (2).
‘‘(c)(1) Except as provided in paragraph (3) of this
subsection, an individual who is enrolled in the educational
benefits program provided by chapter 32 and who makes
the election described in subsection (a)(4) shall be
disenrolled from such chapter 32 program as of the date
of such election.
‘‘(2) For each individual who is disenrolled from such
program, the Secretary shall refund—
‘‘(A) as provided in section 3223(b), to the indi-
vidual the unused contributions made by the individ-
ual to the Post-Vietnam Era Veterans Education
Account established pursuant to section 3222(a);
and
‘‘(B) to the Secretary of Defense the unused
contributions (other than contributions made under
section 3222(c)) made by such Secretary to the Ac-
count on behalf of such individual.
‘‘(3) Any contribution made by the Secretary of De-
fense to the Post-Vietnam Era Veterans Education Ac-
count pursuant to section 3222(c) on behalf of any indi-
vidual referred to in paragraph (1) of this subsection shall
remain in such Account to make payments of benefits to
such individual under section 3015(f) of this chapter.’’.
(b) CONFORMING AMENDMENTS.—(1) The table of
sections at the beginning of chapter 30 of such title is
amended by inserting after the item relating to section
3018B the following new item:
‘‘3018C. Opportunity for persons who enlisted between January 1, 1977, and
June 30, 1985, to enroll.’’.
(2) Section 3013(e) of such title is amended by strik-
ing out ‘‘or 3018B’’ and inserting in lieu thereof ‘‘,
3018B, or 3018C’’.
(3) Section 3015(f) of such title is amended by insert-
ing ‘‘, 3018B, or 3018C’’ after ‘‘section 3018A’’.
(4) Section 3035(b) of such title is amended—
(A) in paragraph (3) in the matter preceding
subparagraph (A), by striking out ‘‘or 3018B’’ and
inserting in lieu thereof ‘‘, 3018B, or 3018C’’; and
(B) in paragraph (3)(C), by striking out
‘‘3015(e)’’ and inserting in lieu thereof ‘‘3015(f)’’.
Æ