[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1402 Placed on Calendar Senate (PCS)]
Calendar No. 222
106th CONGRESS
1st Session
S. 1402
[Report No. 106-114]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to enhance programs providing
education benefits for veterans, and for other purposes.
_______________________________________________________________________
July 20, 1999
Read twice and placed and the calendar
Calendar No. 222
106th CONGRESS
1st Session
S. 1402
[Report No. 106-114]
To amend title 38, United States Code, to enhance programs providing
education benefits for veterans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 1999
Mr. Specter, from the Committee on Veterans' Affairs, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
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.