[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1041 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1041

To amend title 38, United States Code, to permit certain members of the 
  Armed Forces not currently participating in the Montgomery GI Bill 
educational assistance program to participate in that program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 1999

   Mr. Frist 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 permit certain members of the 
  Armed Forces not currently participating in the Montgomery GI Bill 
educational assistance program to participate in that program, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``GI Education Opportunity Act of 
1999''.

SEC. 2. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED FORCES IN 
              MONTGOMERY GI BILL PROGRAM.

    (a) Participation Authorized.--(1) Subchapter II of chapter 30 of 
title 38, United States Code, is amended by inserting after section 
3018C the following new section:
``Sec. 3018D. Opportunity to enroll: certain VEAP participants; active 
              duty personnel not previously enrolled
    ``(a) Notwithstanding any other provision of law, an individual 
who--
            ``(1) either--
                    ``(A) is a participant on the date of the enactment 
                of this section in the educational benefits program 
                provided by chapter 32 of this title; or
                    ``(B) has made an election under section 3011(c)(1) 
                or 3012(d)(1) of this title not to receive educational 
                assistance under this chapter and has not withdrawn 
                that election under section 3018(a) of this title as of 
                such date;
            ``(2) is serving on active duty (excluding periods referred 
        to in section 3202(1)(C) of this title in the case of an 
        individual described in paragraph (1)(A)) on such date;
            ``(3) before applying for benefits under this section, 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 standard college degree;
            ``(4) if discharged or released from active duty after the 
        date on which the individual makes the election described in 
        paragraph (5), is discharged with an honorable discharge or 
        released with service characterized as honorable by the 
        Secretary concerned; and
            ``(5) during the one-year period beginning on the date of 
        the enactment of this section, makes an irrevocable election to 
        receive benefits under this section in lieu of benefits under 
        chapter 32 of this title or withdraws the election made under 
        section 3011(c)(1) or 3012(d)(1) of this title, as the case may 
        be, pursuant to procedures which the Secretary of each military 
        department shall provide in accordance with regulations 
        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;
is entitled to basic educational assistance under this chapter.
    ``(b)(1) Except as provided in paragraphs (2) and (3), in the case 
of an individual who makes an election under subsection (a)(5) to 
become entitled to basic education assistance under this chapter--
            ``(A) the basic pay of the individual shall be reduced (in 
        a manner determined by the Secretary of Defense) until the 
        total amount by which such basic pay is reduced is $1,200; or
            ``(B) to the extent that basic pay is not so reduced before 
        the individual's discharge or release from active duty as 
        specified in subsection (a)(4), the Secretary shall collect 
        from the individual an amount equal to the difference between 
        $1,200 and the total amount of reductions under subparagraph 
        (A), which shall be paid into the Treasury of the United States 
        as miscellaneous receipts.
    ``(2) In the case of an individual previously enrolled in the 
educational benefits program provided by chapter 32 of this title, the 
Secretary shall reduce the total amount of the reduction in basic pay 
otherwise required by paragraph (1) by an amount equal to so much of 
the unused contributions made by the individual to the Post-Vietnam Era 
Veterans Education Account under section 3222(a) of this title as do 
not exceed $1,200.
    ``(3) An individual may at any time pay the Secretary an amount 
equal to the difference between the total of the reductions otherwise 
required with respect to the individual under this subsection and the 
total amount of the reductions with respect to the individual under 
this subsection at the time of the payment. Amounts paid under this 
paragraph shall be paid into the Treasury of the United States as 
miscellaneous receipts.
    ``(c)(1) Except as provided in paragraph (3), an individual who is 
enrolled in the educational benefits program provided by chapter 32 of 
this title and who makes the election described in subsection (a)(5) 
shall be disenrolled from the program as of the date of such election.
    ``(2) For each individual who is disenrolled from such program, the 
Secretary shall refund--
            ``(A) to the individual in the manner provided in section 
        3223(b) of this title so much of the unused contributions made 
        by the individual to the Post-Vietnam Era Veterans Education 
        Account as are not used to reduce the amount of the reduction 
        in the individual's basic pay under subsection (b)(2); and
            ``(B) to the Secretary of Defense the unused contributions 
        (other than contributions made under section 3222(c) of this 
        title) made by such Secretary to the Account on behalf of such 
        individual.
    ``(3) Any contribution made by the Secretary of Defense to the 
Post-Vietnam Era Veterans Education Account pursuant to section 3222(c) 
of this title on behalf of an individual referred to in paragraph (1) 
shall remain in such account to make payments of benefits to the 
individual under section 3015(f) of this title.
    ``(d) The procedures provided in regulations referred to in 
subsection (a) shall provide for notice of the requirements of 
subparagraphs (B), (C), and (D) of section 3011(a)(3) of this title. 
Receipt of such notice shall be acknowledged in writing.''.
    (2) The table of sections at the beginning of chapter 30 of that 
title is amended by inserting after the item relating to section 3018C 
the following new item:

``3018D. Opportunity to enroll: certain VEAP participants; active duty 
                            personnel not previously enrolled.''.
    (b) Conforming Amendment.--Section 3015(f) of that title is amended 
by striking ``or 3018C'' and inserting ``3018C, or 3018D''.
    (c) Sense of Congress.--It is the sense of Congress that any law 
enacted after the date of the enactment of this Act which includes 
provisions terminating or reducing the contributions of members of the 
Armed Forces for basic educational assistance under subchapter II of 
chapter 30 of title 38, United States Code, should terminate or reduce 
by an identical amount the contributions of members of the Armed Forces 
for such assistance under section of section 3018D of that title, as 
added by subsection (a).
                                 <all>