[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1402 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                S. 1402

_______________________________________________________________________

                                 AN ACT


 
 To amend title 38, United States Code, to enhance programs providing 
        education benefits for veterans, 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 ``All-Volunteer Force Educational 
Assistance Programs Improvements Act of 1999''.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

SEC. 3. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR PREPARATORY 
              COURSES FOR COLLEGE AND GRADUATE SCHOOL ENTRANCE EXAMS.

    Section 3002(3) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph (B):
            ``(B) includes--
                    ``(i) a preparatory course for a test that is 
                required or utilized for admission to an institution of 
                higher education; and
                    ``(ii) a preparatory course for a test that is 
                required or utilized for admission to a graduate 
                school; and''.

SEC. 4. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY EDUCATIONAL 
              ASSISTANCE.

    (a) Increase in Basic Benefit.--Section 3015 is amended--
            (1) in subsection (a)(1), by striking ``$528'' and 
        inserting ``$600''; and
            (2) in subsection (b)(1), by striking ``$429'' and 
        inserting ``$488''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 1999, and shall apply with respect to 
educational assistance allowances paid for months after September 1999. 
However, no adjustment in rates of educational assistance shall be made 
under section 3015(g) of title 38, United States Code, for fiscal year 
2000.

SEC. 5. INCREASE IN RATES OF SURVIVORS AND DEPENDENTS EDUCATIONAL 
              ASSISTANCE.

    (a) Survivors and Dependents Educational Assistance.--Section 3532 
is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``$485'' and inserting ``$550'';
                    (B) by striking ``$365'' and inserting ``$414''; 
                and
                    (C) by striking ``$242'' and inserting ``$274'';
            (2) in subsection (a)(2), by striking ``$485'' and 
        inserting ``$550'';
            (3) in subsection (b), by striking ``$485'' and inserting 
        ``$550''; and
            (4) in subsection (c)(2)--
                    (A) by striking ``$392'' and inserting ``$445'';
                    (B) by striking ``$294'' and inserting ``$333''; 
                and
                    (C) by striking ``$196'' and inserting ``$222''.
    (b) Correspondence Course.--Section 3534(b) is amended by striking 
``$485'' and inserting ``$550''.
    (c) Special Restorative Training.--Section 3542(a) is amended--
            (1) by striking ``$485'' and inserting ``$550'';
            (2) by striking ``$152'' each place it appears and 
        inserting ``$172''; and
            (3) by striking ``$16.16'' and inserting ``$18.35''.
    (d) Apprenticeship Training.--Section 3687(b)(2) is amended--
            (1) by striking ``$353'' and inserting ``$401'';
            (2) by striking ``$264'' and inserting ``$299'';
            (3) by striking ``$175'' and inserting ``$198''; and
            (4) by striking ``$88'' and inserting ``$99''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999, and shall apply with respect to educational 
assistance paid for months after September 1999.

SEC. 6. INCREASED ACTIVE DUTY EDUCATIONAL ASSISTANCE BENEFIT FOR 
              CONTRIBUTING MEMBERS.

    (a) Authority To Make Contributions for Increased Assistance 
Amount.--(1) Section 3011 is amended--
            (A) by redesignating subsection (i) as subsection (j); and
            (B) by inserting after subsection (h) the following new 
        subsection (i):
    ``(i)(1) Any individual eligible for educational assistance under 
this section who does not make an election under subsection (c)(1) may 
contribute amounts for purposes of receiving an increased amount of 
basic educational assistance as provided for under section 3015(g) of 
this title. Such contributions shall be in addition to any reductions 
in the basic pay of such individual under subsection (b).
    ``(2) An individual covered by paragraph (1) may make the 
contributions authorized by that paragraph at any time while on active 
duty.
    ``(3) The total amount of the contributions made by an individual 
under paragraph (1) may not exceed $600. Such contributions shall be 
made in multiples of $4.
    ``(4) Contributions under this subsection shall be made to the 
Secretary. The Secretary shall deposit any amounts received by the 
Secretary as contributions under this subsection into the Treasury as 
miscellaneous receipts.''.
    (2) Section 3012 is amended--
            (A) by redesignating subsection (g) as subsection (h); and
            (B) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g)(1) Any individual eligible for educational assistance under 
this section who does not make an election under subsection (d)(1) may 
contribute amounts for purposes of receiving an increased amount of 
basic educational assistance as provided for under section 3015(g) of 
this title. Such contributions shall be in addition to any reductions 
in the basic pay of such individual under subsection (c).
    ``(2) An individual covered by paragraph (1) may make the 
contributions authorized by that paragraph at any time while on active 
duty.
    ``(3) The total amount of the contributions made by an individual 
under paragraph (1) may not exceed $600. Such contributions shall be 
made in multiples of $4.
    ``(4) Contributions under this subsection shall be made to the 
Secretary. The Secretary shall deposit any amounts received by the 
Secretary as contributions under this subsection into the Treasury as 
miscellaneous receipts.''.
    (b) Increased Assistance Amount.--Section 3015, as amended by 
section 4 of this Act, is further amended--
            (1) by striking ``subsection (g)'' each place it appears in 
        subsections (a)(1) and (b)(1) and inserting ``subsection (h)'';
            (2) by redesignating subsection (g) as subsection (h); and
            (3) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) In the case of an individual who has made contributions 
authorized by section 3011(i) or 3012(g) of this title, the monthly 
amount of basic educational assistance allowance applicable to such 
individual under subsection (a), (b), or (c) shall be the monthly rate 
otherwise provided for under the applicable subsection increased by--
            ``(1) an amount equal to $1 for each $4 contributed by such 
        individual under section 3011(i) or 3012(g), as the case may 
        be, for an approved program of education pursued on a full-time 
        basis; or
            ``(2) an appropriately reduced amount based on the amount 
        so contributed, as determined under regulations which the 
        Secretary shall prescribe, for an approved program of education 
        pursued on less than a full-time basis.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2000.

SEC. 7. CONTINUING ELIGIBILITY FOR EDUCATIONAL ASSISTANCE OF MEMBERS OF 
              THE ARMED FORCES ATTENDING OFFICER TRAINING SCHOOL.

    Section 3011(a)(1) is amended--
            (1) in subparagraph (A)(ii)--
                    (A) by striking ``or (III)'' and inserting 
                ``(III)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``or (IV) for immediate reenlistment to 
                accept a commission as an officer and subsequently 
                completes the resulting obligated period of active duty 
                service as a commissioned officer''; and
            (2) in subparagraph (B)(ii)--
                    (A) by striking ``, or (III)'' and inserting ``; 
                (III)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``or (IV) for immediate reenlistment to 
                accept a commission as an officer and subsequently 
                completes the resulting obligated period of active duty 
                service as a commissioned officer''.

SEC. 8. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES TO WITHDRAW 
              ELECTIONS NOT TO RECEIVE MONTGOMERY GI BILL BASIC 
              EDUCATIONAL ASSISTANCE.

    (a) Members on Active Duty.--Section 3011(c) is amended by adding 
at the end the following:
    ``(4)(A) An individual who makes an election under paragraph (1) 
may withdraw the election at any time before the discharge or release 
of the individual from active duty in the Armed Forces. An individual 
who withdraws such an election may become entitled to basic educational 
assistance under this chapter.
    ``(B) The withdrawal of an election under this paragraph shall be 
made in accordance with regulations prescribed by the Secretary of 
Defense or by the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Navy.
    ``(C)(i) In the case of an individual who withdraws an election 
under this paragraph--
            ``(I) the basic pay of the individual shall be reduced by 
        $100 for each month after the month in which the election is 
        made until the total amount of such reductions equals $1,500; 
        or
            ``(II) to the extent that basic pay is not so reduced 
        before the individual's discharge or release from active duty 
        in the Armed Forces, the Secretary, before authorizing the 
        payment of educational assistance under this chapter, shall 
        ensure that an amount equal to the difference between $1,500 
        and the total amount of reductions under subclause (I) was paid 
        before the discharge or release of the individual from active 
        duty in the Armed Forces.
    ``(ii) An individual described in clause (i) may pay the Secretary 
at any time before discharge or release from active duty in the Armed 
Forces an amount equal to the total amount of the reduction in basic 
pay otherwise required with respect to the individual under that clause 
minus the total amount of reductions of basic pay of the individual 
under that clause at the time of the payment under this clause.
    ``(iii) The second sentence of subsection (b) shall apply to any 
reductions in basic pay under clause (i)(I).
    ``(iv) Amounts paid under clauses (i)(II) and (ii) shall be 
deposited into the Treasury as miscellaneous receipts.
    ``(D) The withdrawal of an election under this paragraph is 
irrevocable.''.
    (b) Members of Selected Reserve.--Section 3012(d) is amended by 
adding at the end the following:
    ``(4)(A) An individual who makes an election under paragraph (1) 
may withdraw the election at any time before the discharge or release 
of the individual from the Armed Forces. An individual who withdraws 
such an election may become entitled to basic educational assistance 
under this chapter.
    ``(B) The withdrawal of an election under this paragraph shall be 
made in accordance with regulations prescribed by the Secretary of 
Defense or by the Secretary of Transportation with respect to the Coast 
Guard when it is not operating as a service in the Navy.
    ``(C)(i) In the case of an individual who withdraws an election 
under this paragraph--
            ``(I) the basic pay or compensation of the individual shall 
        be reduced by $100 for each month after the month in which the 
        election is made until the total amount of such reductions 
        equals $1,500; or
            ``(II) to the extent that basic pay or compensation is not 
        so reduced before the individual's discharge or release from 
        the Armed Forces, the Secretary, before authorizing the payment 
        of educational assistance under this chapter, shall ensure that 
        an amount equal to the difference between $1,500 and the total 
        amount of reductions under subclause (I) was paid before the 
        discharge or release of the individual from the Armed Forces.
    ``(ii) An individual described in clause (i) may pay the Secretary 
at any time before discharge or release from the Armed Forces an amount 
equal to the total amount of the reduction in basic pay or compensation 
otherwise required with respect to the individual under that clause 
minus the total amount of reductions of basic pay or compensation of 
the individual under that clause at the time of the payment under this 
clause.
    ``(iii) The second sentence of subsection (c) shall apply to any 
reductions in basic pay or compensation under clause (i)(I).
    ``(iv) Amounts paid under clauses (i)(II) and (ii) shall be 
deposited into the Treasury as miscellaneous receipts.
    ``(D) The withdrawal of an election under this paragraph is 
irrevocable.''.

SEC. 9. ACCELERATED PAYMENTS OF BASIC EDUCATIONAL ASSISTANCE.

    Section 3014 is amended--
            (1) by inserting ``(a)'' before ``The Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) The Secretary may make payments of basic educational 
assistance under this subchapter on an accelerated basis.
    ``(2) The Secretary may pay basic educational assistance on an 
accelerated basis under this subsection only to an individual entitled 
to payment of such assistance under this subchapter who has made a 
request for payment of such assistance on an accelerated basis.
    ``(3) In the event an adjustment under section 3015(g) of this 
title in the monthly rate of basic educational assistance will occur 
during a period for which a payment of such assistance is made on an 
accelerated basis under this subsection, the Secretary shall pay on an 
accelerated basis the amount of such assistance otherwise payable under 
this subchapter for the period without regard to the adjustment under 
that section.
    ``(4) For each accelerated payment made to an individual, the 
individual's entitlement under this subchapter shall be charged as if 
the individual had received a monthly educational assistance allowance 
for the period of educational pursuit covered by the accelerated 
payment.
    ``(5) Basic educational assistance shall be paid on an accelerated 
basis under this subsection as follows:
            ``(A) In the case of assistance for a course leading to a 
        standard college degree, at the beginning of the quarter, 
        semester, or term of the course in a lump-sum amount equivalent 
        to the aggregate amount of monthly assistance otherwise payable 
        under this subchapter for the quarter, semester, or term, as 
        the case may be, of the course.
            ``(B) In the case of assistance for a course other than a 
        course referred to in subparagraph (A)--
                    ``(i) at the later of (I) the beginning of the 
                course, or (II) a reasonable time after the request for 
                payment by the individual concerned; and
                    ``(ii) in any amount requested by the individual 
                concerned within the limit, if any, specified in the 
                regulations prescribed by the Secretary under paragraph 
                (6), with such limit not to exceed the aggregate amount 
                of monthly assistance otherwise payable under this 
                subchapter for the period of the course.
    ``(6) The Secretary shall prescribe regulations for purposes of 
making payments of basic educational assistance on an accelerated basis 
under this subsection. Such regulations shall include requirements 
relating to the request for, making and delivery of, and receipt and 
use of such payments and may include a limit on the amount payable for 
a course under paragraph (5)(B)(ii).''.

SEC. 10. VETERANS EDUCATION AND VOCATIONAL TRAINING BENEFITS PROVIDED 
              BY THE STATES.

    (a) Annual Report.--(1) Not later than six months after the date of 
the enactment of this Act, and January 31 of each year thereafter, the 
Secretary of Veterans Affairs shall, in consultation with the Secretary 
of Education, the Secretary of Defense, and the Secretary of Labor, 
submit to the Committees on Veterans' Affairs of the Senate and the 
House of Representatives a report on veterans education and vocational 
training benefits provided by the States.
    (2) A report under paragraph (1) shall include, for the one-year 
period ending on the date of the report, the following:
            (A) A description of the assistance in securing post-
        secondary education and vocational training provided veterans 
        by each State.
            (B) A list of the States which provide veterans full or 
        partial waivers of tuition for attending institutions of higher 
        education that are State-supported.
            (C) A description of the actions taken by the Department of 
        Veterans Affairs, Department of Defense, Department of 
        Education, and Department of Labor to encourage the States to 
        provide benefits designed to assist veterans in securing post-
        secondary education and vocational training.
    (b) Sense of Congress Regarding State Veterans Education and 
Vocational Training Benefits.--(1) Congress makes the following 
findings:
            (A) The peace and prosperity of the citizens of the States 
        are ensured by the voluntary service of men and women in the 
        Armed Forces.
            (B) Veterans benefit from the military training and 
        discipline and the success-oriented attitude that are 
        inculcated by service in the Armed Forces.
            (C) It is in the social and economic interests of the 
        States to take advantage of the positive personal attributes of 
        veterans which are nurtured through service in the Armed 
        Forces.
            (D) A post-secondary education provides veterans the means 
        to maximize their contribution to the society and economy of 
        the States.
            (E) Some States have recognized that it is in their 
        interest to provide veterans post-secondary education on a 
        tuition-free basis.
    (2) It is the sense of Congress that each of the States should 
admit qualified veterans to publicly-supported institutions of higher 
education on a tuition-free basis.
    (c) State Defined.--In this section, the term ``State'' has the 
meaning given that term in section 101(20) of title 38, United States 
Code.

            Passed the Senate July 26, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                S. 1402

_______________________________________________________________________

                                 AN ACT

 To amend title 38, United States Code, to enhance programs providing 
        education benefits for veterans, and for other purposes.

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