[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 860 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 860

  To establish a new educational assistance program for veterans who 
  served during the Persian Gulf war and to make benefits under that 
  program comparable to those provided to veterans of other wars, to 
    provide comparability between the Persian Gulf war educational 
  assistance program and the educational assistance program provided 
    under chapter 30 of title 38, United States Code, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 30 (legislative day, April 19), 1993

 Mr. DeConcini introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish a new educational assistance program for veterans who 
  served during the Persian Gulf war and to make benefits under that 
  program comparable to those provided to veterans of other wars, to 
    provide comparability between the Persian Gulf war educational 
  assistance program and the educational assistance program provided 
    under chapter 30 of title 38, United States Code, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Combat Era 
Servicepersons' Readjustment Act of 1993''.

                       findings and declarations

    Sec. 2. (a) The Congress finds that--
            (1) the members of the Active, Reserve, and National Guard 
        Forces of the United States carried out their responsibilities 
        in Operations Desert Shield and Desert Storm in an exemplary 
        manner;
            (2) the men and women who served in the Armed Forces during 
        the Persian Gulf war deserve a comprehensive program of 
        veterans' benefits, as provided by a grateful Nation, no less 
        than their forebears who served during World War II and the 
        Korean and Vietnam wars;
            (3) the benefits currently provided through the Department 
        of Veterans Affairs and other Federal agencies were established 
        in some instances to address specific needs or purposes related 
        to peacetime military service;
            (4) the veterans of World War II, and the Korean and 
        Vietnam wars, received proportionally more educational 
        assistance and readjustment assistance than currently is 
        available for Persian Gulf war veterans under chapter 30 of 
        title 38, United States Code; and
            (5) the members of the Armed Forces who served during the 
        Persian Gulf war are now entitled to educational assistance 
        benefits at least equivalent to those received by veterans of 
        previous wars.
    (b) The Congress therefore declares that the purpose of this Act is 
to provide, on behalf of a grateful Nation, educational assistance 
benefits to individuals who served during the Persian Gulf war which 
are comparable to those benefits provided to veterans of other wars, to 
establish educational assistance programs that are adequate to ensure a 
high degree of participation by eligible veterans, and to provide for 
comparability of benefits under the Montgomery GI Bill.

            persian gulf war educational assistance program

    Sec. 3. (a)(1) Title 38, United States Code, is amended by 
inserting after chapter 43 the following new chapter:

     ``CHAPTER 44--PERSIAN GULF WAR EDUCATIONAL ASSISTANCE PROGRAM

                  ``SUBCHAPTER I--PURPOSE--DEFINITIONS

``Sec.
``2101. Purpose.
``2102. Definitions.
              ``SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT

``2110. Eligibility; entitlement; duration.
``2111. Time limitations for completing a program of education.
``2112. Educational and vocational counseling.
                      ``SUBCHAPTER III--ENROLLMENT

``2120. Selection of program.
``2121. Applications; approval.
``2122. Disapproval of enrollment in certain courses.
``2123. Discontinuance of unsatisfactory conduct or progress.
``2124. Education outside the United States.
    ``SUBCHAPTER IV--PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT 
                                SERVICES

``2130. Educational assistance allowance.
``2131. Computation of Educational assistance allowances.
``2132. Approval of courses.
``2133. Apprenticeship or other on-job training; correspondence 
                            courses.
``2134. Work-study allowance.
     ``SUBCHAPTER V--ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED

``2140. Purpose.
``2141. Elementary and secondary education and preparatory educational 
                            assistance.
``2142. Tutorial assistance.
``2143. Effect on educational entitlement.
         ``SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS

``2151. Bar to duplication of educational assistance benefits.
``2152. Allocation of administration and of program costs.
``2153. Reporting requirement.

                  ``SUBCHAPTER I--PURPOSE--DEFINITIONS

``Sec. 2101. Purpose
    ``The Congress of the United States hereby declares that the 
educational assistance program created by this chapter is for the 
purpose of (1) providing veterans who served on active duty during the 
Persian Gulf war with educational assistance benefits comparable to 
those enjoyed by their forebears who served in other wars, (2) 
extending the benefits of a higher education to qualified and deserving 
young persons who might not otherwise be able to afford such an 
education, (3) providing vocational readjustment and restoring lost 
educational opportunities to those service men and women whose careers 
have been interrupted or impeded by reason of active duty during the 
Persian Gulf war, and (4) aiding such persons in attaining the 
vocational and educational status which they might normally have 
aspired to and obtained had they not served their country.
``Sec. 2102. Definitions
    ``For the purposes of this chapter and chapter 36 of this title:
    ``(a) The term `incremental costs associated with Operation Desert 
Storm' means costs referred to in section 251(b)(2)(D)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(2)(D)(ii)).
    ``(b) The term `Persian Gulf war' means the period beginning on 
August 2, 1990, and ending thereafter on the date prescribed by 
Presidential proclamation or by law.
    ``(c)(1) The term `eligible veteran' means any veteran who--
            ``(A) served on active duty for a period of more than 90 
        days during the Persian Gulf war, and was discharged or 
        released therefrom under conditions other than dishonorable; or
            ``(B) contracted with the Armed Forces and was enlisted in 
        or assigned to a reserve component (including the Army National 
        Guard of the United States and the Air National Guard of the 
        United States) prior to August 2, 1990, and as a result of such 
        enlistment or assignment served during the Persian Gulf war on 
        active duty, any part of which commenced within 12 months after 
        August 1, 1990, and was discharged or released from such active 
        duty under conditions other than dishonorable; or
            ``(C) was discharged or released from active duty, any part 
        of which was performed during the Persian Gulf war, or 
        following entrance into active service from an enlistment or 
        assignment provided for under subparagraph (B) of this 
        paragraph, because of a service-connected disability.
    ``(2) The requirement of discharge or release, prescribed in 
paragraph (1)(A) or (B), shall be waived in the case of any individual 
who served more than 90 days in an active-duty status for so long as 
such individual continues on active duty without a break therein.
    ``(3) For purposes of paragraph (1)(A) and section 2110(a), the 
term ``active duty'' does not include any period during which an 
individual (A) was assigned full time by the Armed Forces to a civilian 
institution for a course of education which was substantially the same 
as established courses offered to civilians, (B) served as a cadet or 
midshipman at one of the service academies, or (C) served under the 
provisions of section 511(d) of title 10 pursuant to an enlistment in 
the Army National Guard or the Air National Guard or as a Reserve for 
service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine 
Corps Reserve, or Coast Guard Reserve unless at some time subsequent to 
the completion of such period of active duty for training such 
individual served on active duty for a consecutive period of 90 days or 
more during the Persian Gulf war (not including any service as a cadet 
or midshipman at one of the service academies).
    ``(d) The term `program of education' means any curriculum or any 
combination of unit courses or subjects pursued at an educational 
institution which is generally accepted as necessary to fulfill 
requirements for the attainment of a predetermined and identified 
educational, professional, or vocational objective. Such term also 
means any curriculum of unit courses or subjects pursued at an 
educational institution which fulfill requirements for the attainment 
of more than one predetermined and identified educational, 
professional, or vocational objective if all the objectives pursued are 
generally recognized as being reasonably related to a single career 
field. Such terms also means any unit course or subject, or combination 
of courses of subjects, pursued by an eligible veteran at an 
educational institution required by the Administrator of the Small 
Business Administration as a condition to obtaining financial 
assistance under the provisions of section 7(i)(1) of the Small 
Business Act (15 U.S.C. 636(i)(1)).
    ``(e) The term `educational institution' means any public or 
private elementary school, secondary school, vocational school, 
correspondence school, business school, university, or scientific or 
technical institution, or other institution furnishing education for 
adults.
    ``(f) The term `dependent' means--
            ``(1) a child of an eligible veteran;
            ``(2) a dependent parent of an eligible veteran; and
            ``(3) the spouse of an eligible veteran.
    ``(g) The term `training establishment' means any establishment 
providing apprentice or other training on the job, including those 
under the supervision of a college or university or any State 
department of education, or any State apprenticeship agency, or 
vocational education, or any joint apprenticeship committee, or the 
Bureau of Apprenticeship and Training established pursuant to chapter 
4C of title 29, or any agency of the Federal Government authorized to 
supervise such training.
    ``(h) The term `institution of higher learning' means a college, 
university, or similar institution, including a technical or business 
school, offering postsecondary level academic instruction that leads to 
an associate or higher degree if the school is empowered by the 
appropriate State education authority under State law to grant an 
associate or higher degree. When there is no State law to authorize the 
granting of a degree, the school may be recognized as an institution of 
higher learning if it is accredited for degree programs by a recognized 
accrediting agency. Such term shall also include a hospital offering 
educational programs at the postsecondary level without regard to where 
the hospital grants a postsecondary degree. Such term shall also 
include an educational institution which is not located in a State, 
which offers a course leading to a standard college degree, or the 
equivalent, and which is recognized as such the secretary of education 
(or comparable official) of the country or other jurisdiction in which 
the institution is located.
    ``(i) The term `standard college degree' means an associate or 
higher degree awarded by (1) an institution of higher learning that is 
accredited as a collegiate institution by a recognized regional or 
national accrediting agency; (2) an institution of higher learning that 
is a `candidate' for accreditation as that term is used by the regional 
or national accrediting agencies; or (3) an institution of higher 
learning upon completion of a course which is accredited by an agency 
recognized to accredit specialized degree-level programs. For the 
purpose of this section, the accrediting agency must be one recognized 
by the Secretary of Education under the provisions of section 1775 of 
this title.

              ``SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT

``Sec. 2110. Eligibility; entitlement; duration
    ``(a) Except as provided in the second sentence of this subsection, 
each eligible veteran shall be entitled to educational assistance under 
this chapter or chapter 36 for a period of 36 months (or the equivalent 
thereof in part-time educational assistance). If an eligible veteran 
has served a continuous period of 18 months or more on active duty 
after August 1, 1990, and has been released for such service under 
conditions that would satisfy the veteran's active duty obligations, 
the veteran shall be entitled to educational assistance under this 
chapter for a period of 45 months (or the equivalent thereof in part-
time educational assistance). In the case of any person serving on 
active duty on the date that the period of the Persian Gulf war is 
ended by Presidential proclamation or by law, or a person whose 
eligibility is based on section 2102(d)(1)(B) of this chapter, the 
ending date for computing such person's entitlement shall be the date 
of such person's first discharge or release from active duty after the 
ending date of such Persian Gulf war.
    ``(b) Whenever the period of entitlement under this section of an 
eligible veteran who is enrolled in an educational institution 
regularly operated on the quarter or semester system ends during a 
quarter or semester, such period shall be extended to the termination 
of such unexpired quarter or semester. In educational institutions not 
operated on the quarter or semester system, whenever the period of 
eligibility ends after a major portion of the course is completed such 
period shall be extended to the end of the course or for 12 weeks, 
whichever is the lesser period.
    ``(c) Except as provided in subsection (b) and in subchapter V of 
this chapter, no eligible veteran shall receive educational assistance 
under this chapter in excess of 45 months.
``Sec. 2111. Time limitations for completing a program of education
    ``(a)(1) Subject to paragraph (4) of this subsection, no 
educational assistance shall be afforded an eligible veteran under this 
chapter beyond the date 10 years after the veteran's last discharge or 
release from active duty after August 2, 1990; except that, in the case 
of any eligible veteran who was prevented from initiating or completing 
such veteran's chosen program of education with such time period 
because of a physical or mental disability which is not the result of 
such veteran's own willful misconduct, such veteran shall, upon 
application made within 1 year after the last date of the delimiting 
period otherwise applicable under this section, or the termination of 
the period of such mental or physical disability, whichever is the 
latest, be granted an extension of the applicable delimiting period for 
such length of time as the Secretary determines, from the evidence, 
that such veteran was so prevented from initiating or completing such 
program of education. When an extension of the applicable delimiting 
period is granted a veteran under the preceding sentence, the 
delimiting period with respect to such veteran will again begin running 
on the first day following such veteran's recovery from such disability 
on which it is reasonably feasible, as determined in accordance with 
regulations which the Secretary shall prescribe, for such veteran to 
initiate or resume pursuit of a program of education with educational 
assistance under this chapter.
    ``(2)(A) Notwithstanding the provisions of paragraph (1) of this 
subsection, any veteran shall be permitted to use any such veteran's 
unused entitlement under section 2110 of this title for the purpose of 
eligibility for an education loan, pursuant to the provisions of 
subchapter III of chapter 36 of this title, after the delimiting date 
otherwise applicable to such veteran under such program (1), if such 
veteran was pursuing an approved program of education on a full-time 
basis at the time of the expiration of such veteran's eligibility.
    ``(B) Notwithstanding any other provision of this chapter or 
chapter 36 of this title, any veteran whose delimiting period is 
extended under subparagraph (a) of this paragraph may continue to use 
any unused loan entitlement under this paragraph as long as the veteran 
continues to be enrolled on a full-time basis in pursuit of the 
approved program of education in which such veteran was enrolled at the 
time of expiration of such veteran's eligibility (i) until such 
entitlement is exhausted, (ii) until the expiration of the delimiting 
date otherwise applicable to such veteran under paragraph (1) of this 
subsection, or (iii) until such veteran has completed the approved 
program of education which such veteran was enrolled at the end of the 
delimiting period referred to in paragraph (1) of this subsection, 
whichever occurs first.
    ``(3)(A) Subject to subparagraph (C) of this paragraph and 
notwithstanding the provisions of paragraph (1) of this subsection, an 
eligible veteran who served on active duty during the Persian Gulf war 
shall be permitted to use any of such veteran's unused entitlement 
under section 2110 of this title for the purpose of pursuing--
            ``(i) a program of apprenticeship or other on-job training;
            ``(ii) a course with an approved vocational objective; or
            ``(iii) a program of secondary education, if the veteran 
        does not have a secondary school diploma (or an equivalency 
        certificate).
    ``(B) Upon completion of a program or course pursued by virtue of 
eligibility provided by this paragraph, the Secretary shall provide the 
veteran with such employment counseling as may be necessary to assist 
the veteran in obtaining employment consistent with the veteran's 
abilities, aptitudes, and interests.
    ``(C)(i) Educational assistance shall be provided a veteran for 
pursuit of a program or course described in clause (i) or (ii) of 
subparagraph (A) of this paragraph using eligibility provided by this 
paragraph unless the Secretary determines, based on an examination of 
the veteran's employment and training history, that the veteran is not 
in need of such a program or course in order to obtain a reasonably 
stable employment situation consistent with the veteran's abilities and 
aptitudes. Any such determination shall be made in accordance with 
regulations which the Secretary shall prescribe.
    ``(ii) Educational assistance provided a veteran for pursuit of a 
program described in clause (iii) of subparagraph (A) of this paragraph 
using eligibility provided by this paragraph shall be provided at the 
rate determined under section 2141(b)(2) of this title.
    ``(D) Educational assistance may not be provided by virtue of this 
paragraph after a date to be determined by the Secretary, pursuant to 
regulations which the Secretary shall prescribe.
    ``(4) For purposes of paragraph (1) of this subsection, a veteran's 
last discharge or release from active duty shall not include any 
discharge or release from a period of active duty of less than 90 days 
of continuous service unless the individual involved is discharged or 
released for a service-connected disability, for a medical condition 
which preexisted such service and which the Secretary determines is not 
service connected, for hardship, or as a result of a reduction in force 
as described in section 1411(a)(1)(A)(ii)(III) of this title.
    ``(b) In the case of any eligible veteran who has been prevented, 
as determined by the Secretary, from completing a program of education 
under this chapter within the period prescribed by subsection (a), 
because the veteran had not met the nature of discharge requirements of 
this chapter before a change, correction, or modification of a 
discharge or dismissal made pursuant to section 1553 of title 10, the 
correction of the military records of the proper service department 
under section 1552 of title 10, or other corrective action by competent 
authority, then the 10-year delimiting period shall run from the date 
the veteran's discharge or dismissal was changed, corrected, or 
modified.
    ``(c) In the case of any veteran (1) who served on or after August 
2, 1990, (2) who became eligible for educational assistance under the 
provisions of this chapter or chapter 36 of this title, and (3) who, 
subsequent to the veteran's last discharge or release from active duty, 
was captured and held as a prisoner of war by a foreign government or 
power, there shall be excluded, in computing the veteran's 10-year 
period of eligibility for educational assistance, any period during 
which the veteran was so detained and any period immediately following 
the veteran's release from such detention during which the veteran was 
hospitalized at a military, civilian, or Department of Veterans Affairs 
medical facility.
    ``(d) No educational assistance shall be afforded any eligible 
veteran under this chapter or chapter 36 of this title after a date to 
be determined by the Secretary, pursuant to regulations which the 
Secretary shall prescribe.
``Sec. 2112. Educational and vocational counseling
    ``The Secretary shall make available to any eligible veteran, upon 
such veteran's request, counseling services, including such educational 
and vocational counseling and guidance, testing, and other assistance 
as the Secretary deems necessary to aid such veteran in selecting (1) 
an educational or training objective and an educational institution or 
training establishment appropriate for the attainment of such 
objective, or (2) an employment objective that would be likely to 
provide such veteran with satisfactory employment opportunities in 
light of such veteran's personal circumstances. In any case in which 
the Secretary has rated the veteran as being incompetent, such 
counseling shall be required to be provided to the veteran prior to the 
selection of a program of education or training. At such intervals as 
the Secretary shall make available information respecting the need for 
general education and for trained personnel in the various crafts, 
trades, and professions. Facilities of other Federal agencies 
collecting such information shall be utilized to the extent the 
Secretary deems practicable. The Secretary shall take appropriate steps 
(including individual notification where feasible) to acquaint all 
eligible veterans with the availability and advantages of such 
counseling services.

                      ``SUBCHAPTER III--ENROLLMENT

``Sec. 2120. Selection of program
    ``Subject to the provisions of this chapter, each eligible veteran 
may select a program of education to assist the veteran in attaining an 
educational, professional, or vocational objective at any educational 
institution (approved in accordance with chapter 36 of this title) 
selected by the veteran, which will accept and retain the veteran as a 
student or trainee in any field or branch of knowledge which such 
institution finds the veteran qualified to undertake or pursue.
``Sec. 2121. Applications; approval
    ``Any eligible veteran, or any person on active duty (after 
consultation with the appropriate service education officer), who 
desires to initiate a program of education under this chapter shall 
submit an application to the Secretary which shall be in such form, and 
contain such information, as the Secretary shall prescribe. The 
Secretary shall approve such application unless the Secretary finds 
that (1) such veteran or person is not eligible for or entitled to the 
educational assistance for which application is made, (2) the veteran's 
or person's selected educational institution or training establishment 
fails to meet any requirement of this chapter or chapter 36 of this 
title, (3) the veteran's or person's enrollment in, or pursuit of, the 
program of education selected would violate any provision of this 
chapter or chapter 36 of this title, or (4) the veteran or person is 
already qualified, by reason of previous education or training, for the 
educational, professional, or vocational objective for which the 
program of education is offered. The Secretary shall notify the veteran 
or person of the approval or disapproval of the veteran's or person's 
application.
``Sec. 2122. Disapproval of enrollment in certain courses
    ``(a) The Secretary shall not approve the enrollment of an eligible 
veteran in--
            ``(1) any bartending course or personality development 
        course;
            ``(2) any sales or sales management course which does not 
        provide specialized training within a specific vocational 
        field;
            ``(3) any type of course which the Secretary finds to be 
        avocational or recreational in character (or the advertising 
        for which the Secretary finds contains significant avocational 
        or recreational themes) unless the veteran submits 
        justification showing that the course will be of bona fide use 
        in the pursuit of the veteran's present or contemplated 
        business or occupation; or
            ``(4) any independent study program except one leading to a 
        standard college degree.
    ``(b) The Secretary shall not approve the enrollment of an eligible 
veteran in any course of flight training other than one given by an 
educational institution of higher learning for credit toward a standard 
college degree the eligible veteran is seeking.
    ``(c) The Secretary shall not approve the enrollment of an eligible 
veteran in any course to be pursued by radio or by open circuit 
television, except that the Secretary may approve the enrollment of an 
eligible veteran in a course, to be pursued in residence, leading to a 
standard college degree which includes, as an integral part thereof, 
subjects offered through open circuit television.
    ``(d)(1) Except as provided in paragraph (2) of this subsection, 
the Secretary shall not approve the enrollment of any eligible veteran, 
not already enrolled, in any course for any period during which the 
Secretary finds that more than 85 percent of the students enrolled in 
the course are having all or part of their tuition, fees, or other 
charges paid to or for them by the educational institution or by the 
Department of Veterans Affairs under this title or under chapter 106 of 
title 10. The Secretary may waive the requirements of this subsection, 
in whole or in part, if the Secretary determines, pursuant to 
regulations which the Secretary shall prescribe it to be in the 
interest of the eligible veteran and the Federal Government. The 
provisions of this subsection shall not apply to any course offered by 
an educational institution if the total number of veterans and persons 
receiving assistance under this chapter or chapter 30, 31, 32, 34, 35, 
or 36 of this title or under chapter 106 of title 10 who are enrolled 
in such institution equals 35 percent or less, or such other per cent 
as the Secretary prescribes in regulations, of the total student 
enrollment at such institution (computed separately for the main campus 
and any branch or extension of such institution), except that the 
Secretary may apply the provisions of this subsection with respect to 
any course in which the Secretary has reason to believe that the 
enrollment of such veterans and persons may be in excess of 85 percent 
of the total student enrollment in such course.
    ``(2) paragraph (1) of this subsection--
            ``(A) does not (except as provided in section 2141(c) of 
        this title) apply with respect to the enrollment of a veteran 
        in a course offered pursuant to subchapter V of this chapter;
            ``(B) does not apply with respect to the enrollment of a 
        veteran in a farm cooperative training course; and
            ``(C) does not apply with respect to the enrollment of a 
        veteran in a course described in section 1789(b)(6) of this 
        title.
``Sec. 2123. Discontinuance of unsatisfactory conduct or progress
    ``The Secretary shall discontinue the educational assistance 
allowance of an eligible veteran if, at any time, the Secretary finds 
that according to the regularly prescribed standards and practices of 
the educational institution, the veteran's attendance, conduct, or 
progress is unsatisfactory. The Secretary may renew the payment of the 
educational assistance allowance only if the Secretary finds that--
            ``(1) the veteran will be resuming enrollment at the same 
        educational institution in the same program of education and 
        the educational institution has both approved such veteran's 
        reenrollment and certified it to the Department of Veterans 
        Affairs; or
            ``(2) in the case of a proposed change of either 
        educational institution or program of education by the 
        veteran--
                    ``(A) the cause of the unsatisfactory attendance, 
                conduct, or progress has been removed;
                    ``(B) the program proposed to be pursued is 
                suitable to the veteran's aptitudes, interests, and 
                abilities; and
                    ``(C) if a proposed change of program is involved, 
                the change meets the requirements for approval under 
                section 1791 of this title.
``Sec. 2124. Education outside the United States
    ``An eligible veteran may not enroll in any course at an 
educational institution not located in a State unless such course is 
pursued at an approved institution of higher learning and the course is 
approved by the Secretary. The Secretary may deny or discontinue 
educational assistance under this chapter in the case of any veteran 
enrolled in an institution of higher learning not located in a State if 
the Secretary determines that such enrollment is not in the best 
interest of the veteran or the Federal Government.

    ``SUBCHAPTER IV--PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT 
                                SERVICES

``Sec. 2130. Educational assistance allowance
    ``(a) The Secretary shall, in accordance with the applicable 
provisions of this section and chapter 36 of this title, pay to each 
eligible veteran who is pursuing a program of education under this 
chapter an educational assistance allowance to meet, in part, the 
expenses of the veteran's subsistence, tuition, fees, supplies, books, 
equipment, and other educational costs.
    ``(b) The educational assistance allowance of an eligible veteran 
pursuing a program of education, other than a program exclusively by 
correspondence, at an educational institution shall be paid as provided 
in chapter 36 of this title.
``Sec. 2131. Computation of educational assistance allowances
    ``(a)(1) Except as provided in subsection (b), (c), or (g) of this 
section or section 1787 of this title, while pursuing a program of 
education under this chapter of half-time or more, each eligible 
veteran shall be paid during the period beginning on October 1, 1991, 
and ending on September 30, 1993, the monthly educational assistance 
allowance set forth in column II, III, IV, or V (whichever is 
applicable as determined by the veteran's dependency status) opposite 
the applicable type of program as shown in column I:

      

----------------------------------------------------------------------------------------------------------------
             ``Column I            Column II        Column III         Column IV               Column V         
     -----------------------------------------------------------------------------------------------------------
          Type of program       No dependents     One dependent     Two dependents     More than two dependents 
----------------------------------------------------------------------------------------------------------------
                                                                                     The amount in column IV,   
                                                                                      plus the following for    
                                                                                      each dependent in excess  
                                                                                      of two:                   
      Institutional training:                                                                                   
      Full-time..............        $777              $925             $1,054                   $66            
      Three-quarter time.....        583              692             789                   49            
      Half-time..............        389              463             528                   35            
      Cooperative............        629              735             836                   48            
----------------------------------------------------------------------------------------------------------------

    ``(2) With respect to the fiscal year beginning on October 1, 1993, 
the Secretary shall pay, in lieu of the rates payable under paragraph 
(1) of this subsection, the monthly rates payable under such paragraph 
and shall provide a percentage increase in such rates equal to the 
percentage by which the Consumer Price Index (all items, United States 
city average, published by the Bureau of Labor Statistics) for the 12-
month period ending June 30, 1993, exceeds such Consumer Price Index 
for the 12-month period ending June 30, 1992.
    ``(3) With respect to any fiscal year beginning on or after October 
1, 1994, the Secretary shall pay, in lieu of the rates payable under 
paragraph (1) of this subsection, the monthly rates payable under this 
subsection for the previous fiscal year and shall provide, for any such 
fiscal year, a percentage increase in such rates equal to the 
percentage by which--
            ``(A) the Consumer Price Index (all items, United States 
        city average) for the 12-month period ending on June 30 
        preceding the beginning of the fiscal year for which the 
        increase is made, exceeds
            ``(B) such Consumer Price Index for the 12-month period 
        preceding the 12-month period described in subparagraph (A).
    ``(4) A `cooperative' program, other than a `farm cooperative' 
program, means a full-time program of education which consists of 
institutional courses and alternate phases of training in a business or 
industrial establishment with the training in the business or 
industrial establishment being strictly supplemental to the 
institutional portion.
    ``(b) The educational assistance allowance of an individual 
pursuing a program of education--
             ``(1) while on active duty, or
            ``(2) on less than a half-time basis,
shall be computed at the rate of (A) the established charges for 
tuition and fees which the institution requires similarly circumstanced 
nonveterans enrolled in the same program to pay, or (B) $777 per month 
(or such rate as adjusted pursuant to subsection (a)(2) of this 
section) for a full-time course, whichever is the lesser. An 
individual's entitlement shall be charged for institutional courses on 
the basis of the applicable monthly training time rate as determined 
under section 1788 of this title.
    ``(c)(1) An eligible veteran who is enrolled in an educational 
institution for a `farm cooperative' program consisting of 
institutional agricultural courses prescheduled to fall within 44 weeks 
of any period of 12 consecutive months and who pursues such program 
on--
             ``(A) a full-time basis (a minimum of ten clock hours per 
        week or four hundred and forty clock hours in such year 
        prescheduled to provide not less than eighty clock hours in any 
        three-month period),
             ``(B) a three-quarter-time basis (a minimum of 7 clock 
        hours per week), or
             ``(C) a half-time basis (minimum of 5 clock hours per 
        week), shall be eligible to receive an educational assistance 
        allowance at the appropriate rate provided in the table in 
        paragraph (2) of this subsection, if such eligible veteran is 
        concurrently engaged in agricultural employment which is 
        relevant to such institutional agricultural courses as 
        determined under standards prescribed by the Secretary. In 
        computing the foregoing clock hour requirements there shall be 
        included the time involved in field trips and individual and 
        group instruction sponsored and conducted by the educational 
        institution through a duly authorized instructor of such 
        institution in which the veteran is enrolled.
    ``(2) The monthly educational assistance allowance of an eligible 
veteran pursuing a farm cooperative program under this chapter during 
the period beginning on October 1, 1991, and ending on September 30, 
1993, shall be paid as set forth in column II, III, IV, or V (whichever 
is applicable as determined by the veteran's dependency status) 
opposite the basis shown in column I:

      

----------------------------------------------------------------------------------------------------------------
             ``Column I            Column II        Column III         Column IV               Column V         
     -----------------------------------------------------------------------------------------------------------
               Basis             No dependents     One dependent    Two dependents     More than two dependents 
----------------------------------------------------------------------------------------------------------------
                                                                                     The amount in column IV,   
                                                                                      plus the following for    
                                                                                      each dependent in excess  
                                                                                      of two:                   
      Full-time..............        $629              $735              $836                    $48            
      Three-quarter time.....        472              551              627                    37            
      Half-time..............        315              369              419                    25            
----------------------------------------------------------------------------------------------------------------

    ``(3) With respect to the fiscal year beginning on October 1, 1993, 
the Secretary shall pay, in lieu of the rates payable under paragraph 
(2), the monthly rates payable under such paragraph and shall provide a 
percentage increase in such rates equal to the percentage by which the 
Consumer Price Index (all items, United States city average, published 
by the Bureau of Labor Statistics) for the 12-month period ending June 
30, 1993, exceeds such Consumer Price Index for the 12-month period 
ending June 30, 1992.
    ``(4) With respect to any fiscal year beginning on or after October 
1, 1994, the Secretary shall pay, in lieu of the rates payable under 
paragraph (2), the monthly rates payable under this subsection for the 
previous fiscal year and shall provide, for any such fiscal year, a 
percentage increase in such rates equal to the percentage by which--
            ``(A) the Consumer Price Index (all items, United States 
        average) for the 12-month period ending on the June 30 
        preceding the beginning of the fiscal year for which the 
        increase is made, exceeds.
            ``(B) such Consumer Price Index for the 12-month period 
        preceding the 12-month period described in subparagraph (A).
    ``(d)(1) Notwithstanding the prohibition in section 2121 of this 
title prohibiting enrollment of an eligible veteran in a program of 
education in which such veteran has `already qualified,' a veteran 
shall be allowed up to 6 months of educational assistance (or the 
equivalent thereof in part-time assistance) for the pursuit of 
refresher training to permit such veteran to update such veteran's 
knowledge and skills and to be instructed in the technological advances 
which have occurred in such veteran's field of employment during and 
since the period of such veteran's active military service.
    ``(2) A veteran pursuing refresher training under this subsection 
shall be paid an educational assistance allowance based upon the rate 
prescribed in the table in subsection (a)(1) or subsection (c)(2) of 
this section, whichever is applicable.
    ``(3) The educational assistance allowance paid under the authority 
of this subsection shall be charged against the period of entitlement 
the veteran has earned pursuant to section 2110(a) of this title.
    ``(e) The educational assistance allowance of an eligible veteran 
pursuing an independent study program which leads to a standard college 
degree shall be computed at the rate provided in subsection (b) of this 
section. If the entire training is to be pursued by independent study, 
the amount of such veteran's entitlement to educational assistance 
under this chapter shall be charged in accordance with the rate at 
which the veteran is pursuing the independent study program but at not 
more than the rate at which such entitlement is charged for pursuit of 
such program on less than a half-time basis. In any case in which 
independent study is combined with resident training, the educational 
assistance allowance shall be paid at the applicable institutional rate 
based on the total training time determined by adding the number of 
semester hours (or the equivalent thereof) of resident training to the 
number of semesters hours (or the equivalent thereof) of independent 
study that do not exceed the number of semester hours (or the 
equivalent thereof) required for the less than half-time institutional 
rate, as determined by the Secretary, for resident training. A 
veteran's entitlement shall be charged for a combination of independent 
study and resident training on the basis of the applicable monthly 
training time rate as determined under section 1788 of this title.
    ``(f) The educational assistance allowance of an eligible veteran 
pursuing a course in part by open circuit television shall be computed 
in the same manner that such allowance is computed under subsection (e) 
of this section for an independent study program.
    ``(g)(1) Subject to the provisions of paragraph (2) of this 
subsection, the amount of the educational assistance allowance paid to 
an eligible veteran who is pursuing a program of education under this 
chapter while incarcerated in a Federal, State, or local penal 
institution for conviction of a felony may not exceed such amount as 
the Secretary determines, in accordance with regulations which the 
Secretary shall prescribe, is necessary to cover the cost of 
established charges for tuition and fees required of similar 
circumstanced nonveterans enrolled in the same program and to cover the 
cost of necessary supplies, books, and equipment, or the applicable 
monthly educational assistance allowance prescribed for a veteran with 
no dependents in subsection (a)(1) or (c)(2) of this section or section 
1787(b)(1) of this title, whichever is the lesser. The amount of the 
educational assistance allowance payable to a veteran while so 
incarcerated shall be reduced to the extent that the tuition and fees 
of the veteran for any course are paid under any Federal program (other 
than a program administered by the Secretary) or under any State or 
local program.
    ``(2) Paragraph (1) of this subsection shall not apply in the case 
of any veteran who is pursuing a program of education under this 
chapter while residing in a halfway house or participating in a work-
release program in connection with such veteran's conviction of a 
felony.
``Sec. 2132. Approval of courses
    ``An eligible veteran shall receive the benefits of this chapter 
while enrolled in a course of education offered by an educational 
institution only if such course is approved in accordance with the 
provisions of subchapter I of chapter 36 of this title.
``Sec. 2133. Apprenticeship or other on-job training; correspondence 
              courses
    ``Any eligible veteran may pursue a program of apprenticeship or 
other on-job training or a program of education exclusively by 
correspondence and be paid an educational assistance allowance or 
training assistance allowance, as applicable, under the provisions of 
section 1787 or 1786 of this title.
``Sec. 2134. Work-study allowance
    ``(a)(1) Individuals utilized under the authority of subsection (b) 
of this section shall be paid an additional educational assistance 
allowance (hereafter referred to as `work-study allowance'). Such work-
study allowance shall be paid in an amount equal to the applicable 
hourly minimum wage times the number of hours worked during the 
applicable period, in return for such individual's agreement to perform 
services, during or between periods of enrollment, aggregating not more 
than a number of hours equal to 25 times the number of weeks in the 
semester or other applicable enrollment period, required in connection 
with (1) the out-reach services program under subchapter IV of chapter 
3 of this title as carried out under the supervision of a Department of 
Veterans Affairs' employee, (2) the preparation and processing of 
necessary papers and other documents at educational institutions or 
regional offices or facilities of the Department of Veterans Affairs, 
(3) the provision of hospital and domiciliary care and medical 
treatment under chapter 17 of this title, (4) any other activity of the 
Department of Veterans Affairs as the Secretary shall determine 
appropriate, or (5) in the case of an individual who is receiving 
educational assistance under chapter 106 of title 10, activities 
relating to the administration of such chapter at Department of Defense 
facilities. An individual shall be paid in advance an amount equal to 
40 percent of the total amount of the work-study allowance agreed to be 
paid under the agreement in return for the individual's agreement to 
perform the number of hours work specified in the agreement.
    ``(2) For the purposes of paragraph (1) of this subsection, the 
term `applicable hourly minimum wage' means (A) the hourly minimum wage 
under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(a)), or (B) the hourly minimum wage under comparable law of the 
State in which the services are to be performed, if such wage is higher 
than the wage referred to in clause (A) and the Secretary has made a 
determination to pay such higher wage.
    ``(b) Notwithstanding any other provision of law, the Secretary 
shall utilize, in connection with the activities specified in 
subsection (a)(1) of this section, the service of individuals who are 
pursuing programs of rehabilitation, education, or training under 
chapter 30, 31, 32, or 34 of this title or chapter 106 of title 10, at 
a rate equal to at least three-quarters of that required of a full-time 
student. In carrying out this section, the Secretary, wherever 
feasible, shall give priority to veterans with disabilities rated at 30 
percent or more for purposes of chapter 11 of this title. In the event 
an individual ceases to be at least three-quarter-time student before 
completing such agreement, the individual may, with the approval of the 
Secretary, be permitted to complete such agreement.
    ``(c) The Secretary shall determine the number of individuals whose 
services the Department of Veterans Affairs can effectively utilize and 
the types of services that such individuals may be required to perform, 
on the basis of a survey, which the Secretary shall conduct annually, 
of each Department of Veterans Affairs regional office in order to 
determine the numbers of individuals whose services can effectively be 
utilized during an enrollment period in each geographical area where 
Department of Veterans Affairs' activities are conducted, and shall 
determine which individuals shall be offered agreements under this 
section in accordance with regulations which the Secretary shall 
prescribe, including as criteria (a) the need of the individual to 
augment the individual's educational assistance or subsistence 
allowance; (2) the availability to the individual of transportation to 
the place where the individual's services are to be performed; (3) the 
motivation of the individual; and (4) in the case of a disabled veteran 
pursuing a course of vocational rehabilitation under chapter 31 of this 
title, the compatibility of the work assignment to the veteran's 
physical condition.
    ``(d) While performing the services authorized by this section, 
individuals shall be deemed employees of the United States for the 
purposes of the benefits of chapter 81 of title 5 but not for the 
purposes of laws administrated by the Office of Personnel Management.

 ``SUBCHAPTER V--SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED

``Sec. 2140. Purpose
    ``It is the purpose of this subchapter (1) to encourage and assist 
veterans who have academic deficiencies to attain a high school 
education or its equivalent and to qualify for and pursue courses of 
higher education, (2) to assist eligible veterans to pursue 
postsecondary education through tutorial assistance where required, and 
(3) to encourage educational institutions to develop programs which 
provide special tutorial, remedial, preparatory, or other educational 
or supplementary assistance to such veterans.
``Sec. 2141. Elementary and secondary education and preparatory 
              educational assistance
    ``(a) In the case of any eligible veteran who--
            ``(1) has not received a secondary school diploma (or an 
        equivalency certificate), or
            ``(2) is not on active duty and who, in order to pursue a 
        program of education for which the veteran would otherwise be 
        eligible, needs refresher courses, deficiency courses, or other 
        preparatory or special educational assistance to qualify for 
        admission to an appropriate educational institution, the 
        Secretary may, without regard to so much of the provisions of 
        section 2121 of this title as prohibit the enrollment of an 
        eligible veteran in a program of education in which the veteran 
        is `already qualified', approve the enrollment of such veteran 
        in an appropriate course or courses or other special 
        educational assistance program.
    ``(b)(1) The Secretary shall pay to an eligible veteran pursuing a 
course or courses or program pursuant to subsection (a)(2) of this 
section, an educational assistance allowance as provided in sections 
2130 and 2131 (a) or (b) of this title.
    ``(2) The Secretary shall pay to an eligible veteran described in 
subsection (a)(1) of this section who is pursuing a course or courses 
or program under this subchapter for the purpose of attaining a 
secondary school diploma (or an equivalency certificate) an educational 
assistance allowance (A) at the rate of established charges for tuition 
and fees required of similarly circumstanced nonveterans enrolled in 
the same course, courses, or program, or (B) at the institutional full-
time rate provided in section 2131(a) of this title, whichever is the 
lesser.
    ``(c) The provisions of section 2122(d)(1) of this title, relating 
to the disapproval of enrollment in certain courses, shall be 
applicable to the enrollment of an eligible veteran who, while serving 
on active duty, enrolls in one or more courses under this subchapter 
for the purpose of attaining a secondary school diploma (or an 
equivalency certificate).
``Sec. 2142. Tutorial assistance
    ``(a) In the case of any eligible veteran who--
            ``(1) is enrolled in and pursuing a postsecondary course of 
        education on a half-time or more basis at an educational 
        institution; and
            ``(2) has a deficiency in a subject required as a part of, 
        or which is prerequisite to, or which is indispensable to the 
        satisfactory pursuit of, an approved program of education, the 
        Secretary may approve individual tutorial assistance for such 
        veteran if such assistance is necessary for the veteran to 
        complete such program successfully.
    ``(b) The Secretary shall pay to an eligible veteran receiving 
tutorial assistance pursuant to subsection (a) of this section, in 
addition to the educational assistance allowance provided in section 
2131 of this title, the cost of such tutorial assistance in an amount 
not to exceed $400 per month, for a maximum of twelve months, or until 
a maximum of $4,800 is utilized, upon certification by the educational 
institution that--
            ``(1) the individualized tutorial assistance is essential 
        to correct a deficiency of the eligible veteran in a subject 
        required as a part of, or which is prerequisite to, or which is 
        indispensable to the satisfactory pursuit of, an approved 
        program of education;
            ``(2) the tutor chosen to perform such assistance is 
        qualified and is not the eligible veteran's parent, spouse, 
        child (whether or not married or over eighteen years of age), 
        brother, or sister; and
            ``(3) the charges for such assistance do not exceed the 
        customary charges for such tutorial assistance.
``Sec. 2143. Effect on educational entitlement
    ``The educational assistance allowance or cost of individualized 
tutorial assistance authorized by this subchapter shall be paid without 
charge to any period of entitlement the veteran may have earned 
pursuant to section 2110(a) of this title.

         ``SUBCHAPTER VI--GENERAL AND ADMINISTRATIVE PROVISIONS

``Sec. 2151. Bar to duplication of educational assistance benefits
    ``(a) An individual entitled to educational assistance under a 
program established by this chapter who is also eligible for 
educational assistance under a program under chapter 30, 31, 32, 34 or 
35 of this title, under chapter 106 or 107 of title 10, or under the 
Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 5561 note) may 
not receive assistance under two or more of such programs concurrently 
but shall elect (in such form and manner as the Secretary may 
prescribe) under which program to receive educational assistance.
    ``(b) A period of service counted for purposes of repayment under 
section 90 of the Department of Defense Authorization Act, 1981 (10 
U.S.C. 2141 note), of an education loan may not also be counted for 
purposes of entitlement to educational assistance under this chapter.
``Sec. 2152. Allocation of administration and of program costs
    ``(a) Except to the extent otherwise specifically provided in this 
chapter, the educational assistance programs established by this 
chapter shall be administered by the Department of Veterans Affairs.
    ``(b) The payments for entitlement under this chapter are hereby 
designated as incremental costs associated with Operation Desert Storm. 
Except as provided in section 5 of the Desert Storm Servicepersons' 
Readjustment Act of 1991, payments for entitlement earned under this 
chapter shall be made from funds appropriated to, or otherwise 
available to, the Department of Veterans Affairs for the payment of 
readjustment benefits.
``Sec. 2153. Reporting requirement
    ``(a) The Secretary shall submit to the Congress at least once 
every two years a report on the operation of the program provided for 
in this chapter.
    ``(b) The Secretary shall include in each report submitted under 
this section--
            ``(1) information concerning the level of utilization of 
        educational assistance and of expenditures under this chapter; 
        and
            ``(2) such recommendations for administrative and 
        legislative changes regarding the provision of educational 
        assistance under this chapter to members of the Armed Forces 
        and veterans as the Secretary considers appropriate.
    ``(c) The first report by the Secretary under this section shall be 
submitted not later than January 1, 1993.''.
    (2) The table of chapters at the beginning of Part III of title 38, 
United States Code, is amended by adding the following new item:

``44. Persian Gulf War Educational Assistance Program.......    2101''.
    (b) Chapter 44 of title 38, United States Code, as added by 
subsection (a), shall take effect on the date of enactment of this Act.

         montgomery gi bill educational assistance adjustments

    Sec. 4. (a) Section 1411 of title 38, United States Code, is 
amended--
            (1) in subsection (a) by striking out ``Except as provided 
        in subsection (c)'' and by inserting in lieu thereof ``Except 
        for an individual who is entitled to basic educational 
        assistance under chapter 44 of this title, and except as 
        further provided in subsection (c)''.
            (2) in subsection (b) by inserting ``(1)'' prior to the 
        text thereof, and by inserting the following new paragraphs:
    ``(2)(A) The amount by which an individual's basic pay is reduced 
on or after August 1, 1990 pursuant to paragraph (1) of this subsection 
shall be deemed to be payable to such individual as readjustment 
assistance, and shall be paid by the Secretary pursuant to regulations 
which the Secretary shall prescribe.
    ``(B) In the event that an individual's basic pay was reduced prior 
to August 1, 1990 pursuant to paragraph (1) of this subsection, and 
such individual subsequently demonstrates that, for good cause shown, 
he or she was unable to receive educational assistance under this 
chapter, the Secretary shall pay to such individual as readjustment 
assistance the amount by which such individual's basic pay was reduced 
prior to such date. Payment under this subparagraph shall be made by 
the Secretary pursuant to regulations which the Secretary shall 
prescribe.
    ``(3) The authority provided by paragraph (1) of this subsection to 
reduce basic pay shall terminate on the date of enactment of the Desert 
Storm Servicepersons' Readjustment Act of 1991. Notwithstanding the 
provisions of subsection (c)(1) of this section, any individual who 
made an election pursuant to such subsection not to receive educational 
assistance under this chapter shall be entitled to such assistance: 
Provided, That the monthly rate of educational assistance to such an 
individual for an approved program of education shall be reduced by an 
amount not to exceed $50 for an approved program pursued on a full-time 
basis, or by proportionally lesser amounts for approved programs 
pursued on a less-than-full-time basis, as determined by the Secretary 
pursuant to regulations that shall be prescribed by the Secretary, 
until the cumulative amount of such reduction in basic educational 
assistance paid to such individual totals that amount by which such 
individual's basic pay would have been reduced prior to August 1, 1990, 
had such individual not made such election pursuant to subsection 
(c)(1) of this section.''.
            (3) in subsection (c)(1) by adding at the end the following 
        new sentences: ``The provisions of this paragraph shall not 
        apply to an individual who initially enters on active duty as a 
        member of the Armed Forces on or after August 2, 1990. Any 
        individual who initially enters on active duty as a member of 
        the Armed Forces on or after August 2, 1990, shall be deemed to 
        have elected to receive educational assistance under this 
        chapter.''.
    (b) Section 1412 of title 38, United States Code, is amended--
            (1) in subsection (a) by striking out ``Except as provided 
        in subsection (d)'' and by inserting in lieu thereof ``Except 
        for an individual who is entitled to basic educational 
        assistance under chapter 44 of this title, and except as 
        further provided in subsection (d)''.
            (2) in subsection (c) by inserting ``(1)'' prior to the 
        text thereof, and by inserting the following new paragraphs:
    ``(2)(A) The amount by which an individual's basic pay is reduced 
on or after August 1, 1990 pursuant to paragraph (1) of this subsection 
shall be deemed to be payable to such individual as readjustment 
assistance, and shall be paid by the Secretary pursuant to regulations 
which the Secretary shall prescribe.
    ``(B) In the event that an individual's basic pay was reduced prior 
to August 1, 1990 pursuant to paragraph (1) of this subsection, and 
such individual subsequently demonstrates that, for good cause shown, 
he or she was unable to receive educational assistance under this 
chapter, the Secretary shall pay to such individual as readjustment 
assistance the amount by which such individual's basic pay was reduced 
prior to such date. Payment under this subparagraph shall be made by 
the Secretary pursuant to regulations which the Secretary shall 
prescribe.
    ``(3) The authority provided by paragraph (1) of this subsection to 
reduce basic pay shall terminate on the date of enactment of the Desert 
Storm Servicepersons' Readjustment Act of 1991. Notwithstanding the 
provisions of subsection (d)(1) of this section, any individual who 
made an election pursuant to such subsection not to receive educational 
assistance under this chapter shall be entitled to such assistance: 
Provided, That the monthly rate of educational assistance to such an 
individual for an approved program of education shall be reduced by an 
amount not to exceed $50 for an approved program pursued on a full-time 
basis, or by proportionally lesser amounts for approved programs 
pursued on a less-than-full-time basis, as determined by the Secretary 
pursuant to regulations that shall be prescribed by the Secretary, 
until the cumulative amount of such reduction in basic educational 
assistance paid to such individual totals that amount by which such 
individual's basic pay would have been reduced prior to August 1, 1990, 
had such individual not made such election pursuant to subsection 
(d)(1) of this section.''.
            (3) in subsection (d)(1) by adding at the end the following 
        new sentences: ``The provisions of this paragraph shall not 
        apply to an individual who initially enters on active duty as a 
        member of the Armed Forces on or after August 2, 1990. Any 
        individual who initially enters on active duty as a member of 
        the Armed Forces on or after August 2, 1990, shall be deemed to 
        have elected to receive educational assistance under this 
        chapter.''.
    (c) Section 1413 of title 38, United States Code, is amended by 
amending subsection (c) to read as follows:
    ``(c) Subject to section 1795 of this title, each individual 
entitled to basic educational assistance under section 1418 of this 
title shall be entitled to 36 months of educational assistance under 
this chapter (or the equivalent thereof in part-time educational 
assistance).''.
    (d) Section 1415 of title 38, United States Code, is amended--
            (1) in subsection (f)(1) by striking out ``$400 and $325'' 
        and inserting in lieu thereof ``$777 and $518'';
            (2) in subsection (f)(2) by striking out ``may'' each time 
        it appears and inserting in lieu thereof ``shall''; and
            (3) in subsection (f)(3) by striking out ``may'' each time 
        it appears and inserting in lieu thereof ``shall''.
    (e) Section 2131 of title 38, United States Code, is amended--
            (1) in subsection (b)(2)(A) by striking out ``$190, $143, 
        and $95'' and inserting in lieu thereof ``$377, $284, and 
        $189'';
            (2) in subsection (b)(2)(B) by striking out ``may'' each 
        time it appears and by inserting in lieu thereof ``shall''; and
            (3) in subsection (b)(2)(C) by striking out ``may'' each 
        time it appears and by inserting in lieu thereof ``shall''.

    authorization of appropriations from defense cooperation account

    Sec. 5. (a) Authorization.--There is hereby authorized to be 
appropriated from the Defense Cooperation Account such sums as may be 
necessary for payment in fiscal years 1992 through 1995 of the costs of 
educational assistance programs established in chapter 44 of title 38, 
United States Code.
    (b) Incremental Costs Associated With Desert Storm.--
Notwithstanding the requirement of Presidential designation in section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, the educational assistance benefits described in 
subsection (a) of this section are hereby designated as incremental 
costs associated with Operation Desert Storm, and as such are costs 
referred to in section 251(b)(2)(D)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(ii)).

   coordination with other veterans' education and training programs

    Sec. 6. (a) Section 708 of title 10, United States Code, is amended 
in subsection (e) by striking out ``chapter 30'' and inserting in lieu 
thereof ``chapter 30 or 44''.
    (b) Section 135 of title 26, United States Code, is amended in 
subparagraph (d)(1)(B) by striking out ``chapter 30, 31, 32, 34 or 35'' 
and inserting in lieu thereof ``chapter 30, 31, 32, 34, 35 or 44''.
    (c) Section 113 of title 38, United States Code, is amended in 
subsection (c)(2) by striking out ``or 36'' and inserting in lieu 
thereof ``36, or 44''.
    (d) Section 1508(f)(1) of title 38, United States Code, is 
amended--
            (1) in subparagraph (A)--
                    (A) by striking out ``chapter 30 or 34'' and 
                inserting in lieu thereof ``chapter 30, 34 or 44''; and
                    (B) by striking out ``chapter 30 or chapter 34'' 
                and inserting in lieu thereof ``chapter 30, chapter 34, 
                or chapter 44''; and
            (2) in subparagraph (B), by striking out ``30 or 34'' and 
        inserting in lieu thereof ``30, 34 or 44''.
    (e) The third sentence of section 1673(d)(1) of title 38, United 
States Code is amended by striking out ``or 36'' and inserting in lieu 
thereof ``36, or 44''.
    (f) Section 1685 of title 38, United States Code, is amended in 
subsection (b) by striking out ``chapter 30, 31, 32 or 34'' and 
inserting in lieu thereof ``chapter 30, 31, 32, 34 or 44''.
    (g) Section 1774 of title 38, United States Code, is amended in 
subsection (a)(1) by striking out ``chapter 30 through 35'' and 
inserting in lieu thereof ``chapter 30 through 35 and chapter 44''.
    (h) Section 1781 of title 38, United States Code is amended--
            (1) in subsection (a) by striking out ``or 36'' and by 
        inserting ``36, or 44'' in lieu thereof; and
            (2) in subsection (b)(1) by striking out ``and 36,'' and 
        inserting in lieu thereof ``36, or 44''.
    (i) Section 1784 of title 38, United States Code, is amended in 
subsection (c) by striking out ``chapter 31, 34 or 35'' and inserting 
in lieu thereof ``chapter 31, 34, 35 or 44''.
    (j) Section 1790(b)(3) of title 38, United States Code, is amended 
in subparagraph (A) by striking out ``chapter 30, 32, 34, or 35'' and 
inserting in lieu thereof ``chapter 30, 32, 34, 35 or 44''.
    (k) Section 1792 of title 38, United States Code, is amended in 
subsection (a) by striking out ``or 35'' and inserting in lieu thereof 
``35, or 44''.
    (l) Section 1793 of title 38, United States Code, is amended--
            (1) in subsection (a) by striking out ``chapters 30 through 
        36'' and inserting in lieu thereof ``chapters 30 through 36 and 
        44''; and
            (2) in subsection (b) by striking out ``chapters 30 through 
        36'' and inserting in lieu thereof ``chapters 30 through 36 and 
        44''.
    (m) Section 1795(a) of title 38, United States Code, is amended by 
striking out ``and 36,'' in clause (4) and inserting in lieu thereof 
``36, and 44''.
    (n) Section 1797 of title 38, United States Code, is amended in 
subsection (a) by striking out ``chapter 30, 32, 34 or 35'' and 
inserting in lieu thereof ``chapter 30, 32, 34, 35 or 44''.
    (o) Section 3013 of title 38, United States Code, is amended by 
striking out ``and 35'' and inserting in lieu thereof ``35, and 44''.
    (p) Section 3103A of title 38, United States Code, is amended in 
subsection (b)(3)(F) by striking out ``chapter 30'' and inserting in 
lieu thereof ``chapter 30 or 44''.

                                 <all>

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