[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2068 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2068

To further encourage and facilitate service in the Armed Forces of the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2002

Mr. McCain (for himself, Mr. Bayh, Mr. Cleland, Mrs. Carnahan, and Mr. 
  Lieberman) introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To further encourage and facilitate service in the Armed Forces of the 
                 United States, 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 ``Defend Our Freedom Act of 2002''.

SEC. 2. BONUS FOR SHORT-TERM ENLISTMENT IN THE ARMED FORCES.

    (a) Authority.--Chapter 5 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 324. Short-term enlistment bonus
    ``(a) Bonus Authorized; Bonus Amount.--The Secretary of the 
military department concerned shall pay a bonus under this section to a 
person who completes enlisted service in an armed force in accordance 
with an agreement entered into under subsection (b). The amount of the 
bonus shall be $18,000. The bonus shall be paid in one lump sum upon 
the completion of the service for the period covered by the agreement.
    ``(b) Eligibility; Agreement.--To be eligible for a bonus under 
this section, a person--
            ``(1) may not have previously been a member of the armed 
        forces;
            ``(2) shall enter into a written agreement with the 
        Secretary of a military department--
                    ``(A) to perform enlisted service in an armed force 
                under the jurisdiction of the Secretary for a period of 
                three years, the first 18 months of which shall be 
                service on active duty and the last 18 months of which 
                shall be service as a member of the Selected Reserve of 
                the Ready Reserve of a reserve component of that armed 
                force other than the Army National Guard of the United 
                States and the Air National Guard of the United States; 
                and
                    ``(B) to commence that service in the grade of E-1 
                without regard to any eligibility for a higher grade 
                determined on the basis of testing or educational 
                qualifications; and
            ``(3) shall complete the service for the period required 
        under the agreement with service characterized as satisfactory 
        under regulations prescribed by the Secretary concerned.
    ``(c) Regulations.--This section shall be administered under 
regulations prescribed by the Secretary of Defense which shall apply 
uniformly to the armed forces.
    ``(d) Secretary of Military Department Defined.--In this section, 
the term `Secretary of a military department' includes the Secretary of 
Transportation, with respect to matters concerning the Coast Guard when 
it is not operating as a service in the Navy.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``324. Short-term enlistment bonus.''.

SEC. 3. EMPLOYMENT OF RETIRED MILITARY PERSONNEL AS INSTRUCTORS IN 
              BASIC TRAINING PROGRAMS OF THE ARMED FORCES.

    (a) Authority.--Chapter 81 of title 10, United States Code, is 
amended by inserting after section 1589 the following new section 1590:
``Sec. 1590. Employment of retired military personnel as instructors in 
              basic training programs
    ``(a) Authority.--The Secretary of a military department may employ 
a member or former member of the armed forces in a retired status as an 
instructor in a basic training program of an armed force under the 
jurisdiction of the Secretary.
    ``(b) Service Not in Military Duty Status.--A person employed under 
subsection (a) is not on active duty or performing inactive-duty 
training by reason of that employment.
    ``(c) Retired Status Defined.--In this section, the term `retired 
status', with respect to a member or former member of the armed forces, 
means that the member or former member--
            ``(1) is on a retired list of an armed force;
            ``(2) is entitled to receive retired or retainer pay; or
            ``(3) except for not having attained 60 years of age, would 
        be entitled to receive retired pay upon application under 
        chapter 1223 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1589 the following new item:

``1590. Employment of retired military personnel as instructors in 
                            basic training programs.''.

SEC. 4. ENHANCEMENTS OF MONTGOMERY GI BILL.

    (a) Increase in Amount of Basic Educational Assistance.--(1) 
Subsection (a)(1) of section 3015 of title 38, United States Code, is 
amended by striking ``$650'' and inserting ``$1,300''.
    (2) Subsection (b)(1) of that section is amended by striking 
``$528'' and inserting ``$1,056''.
    (3) The amendments made by this section shall take effect on the 
date of the enactment of this Act, and shall apply with respect to 
months beginning on or after that date.
    (b) Period of Reduction in Basic Pay.--(1) Section 3011(b) of title 
38, United States Code, is amended in the first sentence by striking 
``$100 for each of the first twelve months'' and inserting ``$50 for 
each of the first twenty-four months''.
    (2) Section 3012(c) of that title is amended in the first sentence 
by striking ``$100 for each of the first twelve months'' and inserting 
``$50 for each of the first twenty-four months''.
    (3) The amendments made by this section shall apply with respect to 
individuals who first become members of the Armed Forces, or first 
enter on active duty as members of the Armed Forces, on or after the 
date of the enactment of this Act.
    (c) Use of Entitlement to Basic Educational Assistance for 
Contributions to Coverdell Education Savings Accounts.--(1) Subchapter 
II of chapter 30 of title 38, United States Code, is amended by adding 
at the end the following new section:
``Sec. 3020. Use of entitlement to basic educational assistance for 
              contributions to Coverdell education savings accounts
    ``(a) In General.--An individual described in subsection (b) who is 
entitled to basic educational assistance under this subchapter may 
elect to use such entitlement to make contributions to a Coverdell 
education savings account under section 530 of the Internal Revenue 
Code of 1986 for any child of such individual who has not attained the 
age of 18 years.
    ``(b) Covered Individuals.--An individual described in this 
subsection is any individual entitled to basic educational assistance 
under this subchapter who has completed six years of service in the 
Armed Forces.
    ``(c) Election.--(1) An individual electing to make contributions 
under this section shall notify the Secretary of the election in such 
form and manner as the Secretary shall require.
    ``(2) The election of an individual under this subsection shall 
apply with respect to the taxable year of the individual in which the 
election is made.
    ``(3) The notice of election of an individual under this subsection 
shall set forth the following:
            ``(A) The period of the taxable year of the individual.
            ``(B) Each designated beneficiary for whom contributions to 
        a Coverdell education savings account will be made under this 
        section in that taxable year.
            ``(C) The amount to be contributed to the account of each 
        designated beneficiary under subparagraph (B) in that taxable 
        year.
            ``(D) An account identifier, and the trustee of account, of 
        the account of each designated beneficiary under subparagraph 
        (B).
    ``(4) The election of an individual under this subsection for a 
taxable year is irrevocable in that taxable year.
    ``(d) Limitation on Yearly Amount of Contribution.--The amount 
specified by an individual under subsection (c)(3)(C) to be contributed 
to the Coverdell education savings account of a designated beneficiary 
under this section in a taxable year may not, when aggregated with any 
other contributions previously made to the account in the taxable year, 
exceed the maximum amount of contributions permitted for the account 
for the taxable year under section 530 of the Internal Revenue Code of 
1986.
    ``(e) Payment of Contributions.--Upon receiving notice of an 
election under subsection (c) with respect to contributions to the 
Coverdell education savings account of a designated beneficiary, the 
Secretary shall pay the trustee of the account, for deposit in the 
account to the credit of the designated beneficiary, an amount equal to 
the amount specified for the designated beneficiary in the notice.
    ``(f) Treatment of Payments Against Entitlement.--The entitlement 
to basic educational assistance under this subchapter of an individual 
who makes a contribution to a Coverdell education savings account under 
this section shall be reduced by a number of months equal to the amount 
of such contribution divided by the monthly rate of educational 
assistance allowance payable to the individual under section 3015 of 
this title at the time of payment of such contribution under this 
section.
    ``(g) Regulation of Contributions.--Contributions to a Coverdell 
education savings account under this subsection shall be treated as 
contributions to the account under section 530 of the Internal Revenue 
Code of 1986.''.
    (d) Repeal of Time Limitation for Use of Eligibility and 
Entitlement.--(1) Section 3031 of title 38, United States Code, is 
repealed.
    (2) Section 3018C(e)(3)(B) of that title is amended--
            (A) by striking ``(i)''; and
            (B) by striking clause (ii).
    (3) Section 16133(b) of title 10, United States Code, is amended in 
paragraphs (2) and (3) by inserting ``, as in effect on the day before 
the date of the enactment of the Call to Service Act of 2001,'' after 
``of title 38''.
    (e) Clerical Amendments.--The table of sections at the beginning of 
chapter 30 of title 38, United States Code, is amended--
            (1) by inserting after the item relating to section 3019 
        the following new item:

``3020. Use of entitlement to basic educational assistance for 
                            contributions to Coverdell education 
                            savings accounts.'';
            and
            (2) by striking the item relating to section 3031.

SEC. 5. IMPROVED ACCESS TO INSTITUTIONS OF HIGHER EDUCATION FOR 
              MILITARY RECRUITING PURPOSES.

    (a) Requirement for Access.--Section 503 of title 10, United States 
Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Access to Colleges and Universities.--(1) The head of each 
institution of higher education shall provide to the Department of 
Defense, upon a request made for military recruiting purposes, the same 
access to students of that institution, and to directory information 
concerning such students, as is provided generally to prospective 
employers of those students.
    ``(2) If access requested by paragraph (1) is denied by an 
institution of higher education, the Secretary of Defense, in 
cooperation with the Secretary of the military department concerned, 
shall designate an officer in a grade not below the grade of colonel 
or, in the case of the Navy, captain, or a senior executive of that 
military department to meet with representatives of that institution 
for the purpose of arranging for recruiting access. The designated 
officer or senior executive shall seek to have that meeting within 120 
days after the date of the denial of the request for recruiting access.
    ``(3) If, after a meeting under paragraph (2) with representatives 
of an institution of higher education that has denied a request for 
recruiting access or (if the institution declines a request for the 
meeting) after the end of such 120-day period, the Secretary of Defense 
determines that the institution continues to deny recruiting access, 
the Secretary shall transmit to the chief executive of the State in 
which the institution is located a notification of the denial of 
recruiting access and a request for assistance in obtaining that 
access. The notification shall be transmitted within 60 days after the 
date of the determination. The Secretary shall provide to the Secretary 
of Education a copy of such notification and any other communication 
between the Secretary and that chief executive with respect to such 
access.
    ``(4) If an institution of higher education continues to deny 
recruiting access one year after the date of the transmittal of a 
notification regarding that institution under paragraph (3), the 
Secretary--
            ``(A) shall determine whether the institution denies 
        recruiting access to at least two of the armed forces (other 
        than the Coast Guard when it is not operating as a service in 
        the Navy); and
            ``(B) upon making an affirmative determination under 
        subparagraph (A), shall transmit a notification of the denial 
        of recruiting access to--
                    ``(i) the specified congressional committees;
                    ``(ii) the Senators of the State in which the 
                institution is located; and
                    ``(iii) the member of the House of Representatives 
                who represents the district in which the institution is 
                located.
    ``(5) The requirements of this subsection do not apply to an 
institution of higher education that maintains a religious objection to 
service in the armed forces if the objection is verifiable through the 
corporate or other organizational documents or materials of that 
school.
    ``(6) In this subsection:
            ``(A) The term `institution of higher education' has the 
        meaning given the term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
            ``(B) The term `recruiting access' means access requested 
        as described in paragraph (1).
            ``(C) The term `senior executive' has the meaning given 
        that term in section 3132(a)(3) of title 5.
            ``(D) The term `State' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of the 
        Northern Mariana Islands, Guam, the Virgin Islands, American 
        Samoa, the Federated States of Micronesia, the Republic of the 
        Marshall Islands, and the Republic of Palau.
            ``(E) The term `specified congressional committees' means 
        the following:
                    ``(i) The Committee on Armed Services and the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate.
                    ``(ii) The Committee on Armed Services and the 
                Committee on Education and the Workforce of the House 
                of Representatives.
            ``(F) The term `member of the House of Representatives' 
        includes a Delegate or Resident Commissioner to Congress.''.
    (b) Effective Date.--Subsection (a) and the amendments made by that 
subsection shall take effect on July 1, 2002.

SEC. 6. COMMISSION ON MILITARY RECRUITMENT AND NATIONAL SERVICE.

    (a) Establishment.--The Secretary of Defense and the Secretary of 
State shall jointly establish a Commission on Military Recruitment and 
National Service (in this section referred to as the ``Commission'').
    (b) Duties.--The Commission shall develop and evaluate various 
alternative means for increasing and broadening the participation of 
the people of the United States--
            (1) in all forms of service of the United States; and
            (2) in service in the Armed Forces in particular, including 
        participation in such service by graduates of colleges and 
        universities.
    (c) Composition.--(1) The Commission shall be composed of 9 members 
of whom--
            (A) five shall be appointed by the Secretary of Defense; 
        and
            (B) four shall be appointed by the Secretary of State.
    (2) The Secretary of Defense shall designate one of the members to 
serve as the Chairman of the Commission.
    (3) The appointments of the members of the Commission and the 
designation of the Chairman shall be made not later than 180 days after 
the date of the enactment of this Act.
    (d) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (e) Meetings.--(1) The Commission shall meet at the call of the 
Chairman.
    (2) The Commission shall hold its first meeting not later than 30 
days after the date on which all members of the Commission have been 
appointed.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Report.--(1) Not later than two years after the date of the 
enactment of this Act, the Commission shall submit to the Secretary of 
Defense and the Secretary of State a report which shall contain a 
detailed statement of the findings and conclusions of the Commission, 
together with its recommendations for such legislation and 
administrative actions as it considers appropriate.
    (2) Not later than 90 days after receiving the Commission's report, 
the Secretary of Defense and the Secretary of State shall jointly 
submit the report, together with any comments that either Secretary 
considers appropriate, to the President and Congress.
    (h) Powers of the Commission.--(1) The Commission may hold such 
hearings, sit and act at such times and places, take such testimony, 
and receive such evidence as the Commission considers advisable to 
carry out this Act.
    (2) The Commission may secure directly from any department or 
agency of the United States any information that the Commission 
considers necessary to carry out its duties. Upon the request of the 
Chairman of the Commission, the head of a department or agency of the 
United States shall furnish the requested information to the 
Commission.
    (3) The Commission may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the Federal Government.
    (i) Members' Pay and Allowances.--(1) Each member of the Commission 
who is not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (2) The members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (j) Staff.--(1) The Chairman of the Commission may, without regard 
to the civil service laws and regulations, appoint and terminate an 
executive director and such other additional personnel as may be 
necessary to enable the Commission to perform its duties. The 
employment of an executive director shall be subject to confirmation by 
the Commission.
    (2) The Chairman of the Commission may fix the compensation of the 
executive director and other personnel without regard to chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule pay rates, except 
that the rate of pay for the executive director and other personnel may 
not exceed the rate payable for level V of the Executive Schedule under 
section 5316 of such title.
    (3) Any Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege.
    (4) The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of such title.
    (k) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission's is submitted to the 
President and Congress under subsection (g).
                                 <all>