[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2561 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2561

     To amend title 38, United States Code, to provide for certain 
servicemembers to become eligible for educational assistance under the 
                          Montgomery GI Bill.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 22), 2004

  Mr. Johnson 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 provide for certain 
servicemembers to become eligible for educational assistance under the 
                          Montgomery GI Bill.

    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 ``Montgomery GI Bill Enhancement Act 
of 2004''.

SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER 
              THE MONTGOMERY GI BILL.

    (a) In General.--Chapter 30 of title 38, United States Code, is 
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
    ``(a)(1) Notwithstanding any other provision of this chapter, 
during the one-year period beginning on the date of the enactment of 
this section, a qualified individual (described in subsection (b)) may 
make an irrevocable election under this section to become entitled to 
basic educational assistance under this chapter.
    ``(2) The Secretary of each military department shall provide for 
procedures for a qualified individual to make an irrevocable election 
under this section in accordance with regulations prescribed by the 
Secretary of Defense for the purpose of carrying out this section or 
which the Secretary of Homeland Security shall provide for such purpose 
with respect to the Coast Guard when it is not operating as a service 
in the Navy.
    ``(b) A qualified individual referred to in subsection (a) is an 
individual who meets each of the following requirements:
            ``(1) The individual first became a member of the Armed 
        Forces or first entered on active duty as a member of the Armed 
        Forces before July 1, 1985.
            ``(2) The individual has served on active duty without a 
        break in service since the date the individual first became 
        such a member or first entered on active duty as such a member 
        and continues to serve on active duty for some or all of the 
        one-year period referred to in subsection (a).
            ``(3) The individual, before applying for benefits under 
        this section, has completed the requirements of a secondary 
        school diploma (or equivalency certificate) or has successfully 
        completed (or otherwise received academic credit for) the 
        equivalent of 12 semester hours in a program of education 
        leading to a standard college degree.
            ``(4) The individual, when discharged or released from 
        active duty, is discharged or released therefrom with an 
        honorable discharge.
    ``(c)(1) Subject to the succeeding provisions of this subsection, 
with respect to a qualified individual who makes an election under this 
section to become entitled to basic educational assistance under this 
chapter--
            ``(A) the basic pay of the qualified individual shall be 
        reduced (in a manner determined by the Secretary concerned) 
        until the total amount by which such basic pay is reduced is 
        $2,700; and
            ``(B) to the extent that basic pay is not so reduced before 
        the qualified individual's discharge or release from active 
        duty as specified in subsection (b)(4), at the election of the 
        qualified individual--
                    ``(i) the Secretary concerned shall collect from 
                the qualified individual; or
                    ``(ii) the Secretary concerned shall reduce the 
                retired or retainer pay of the qualified individual by,
        an amount equal to the difference between $2,700 and the total 
        amount of reductions under subparagraph (A), which shall be 
        paid into the Treasury of the United States as miscellaneous 
        receipts.
    ``(2)(A) The Secretary concerned shall provide for an 18-month 
period, beginning on the date the qualified individual makes an 
election under this section, for the qualified individual to pay that 
Secretary the amount due under paragraph (1).
    ``(B) Nothing in subparagraph (A) shall be construed as modifying 
the period of eligibility for and entitlement to basic educational 
assistance under this chapter applicable under section 3031 of this 
title.
    ``(d) With respect to qualified individuals referred to in 
subsection (c)(1)(B), no amount of educational assistance allowance 
under this chapter shall be paid to the qualified individual until the 
earlier of the date on which--
            ``(1) the Secretary concerned collects the applicable 
        amount under clause (i) of such subsection; or
            ``(2) the retired or retainer pay of the qualified 
        individual is first reduced under clause (ii) of such 
        subsection.
    ``(e) The Secretary, in conjunction with the Secretary of Defense, 
shall provide for notice of the opportunity under this section to elect 
to become entitled to basic educational assistance under this 
chapter.''.
    (b) Conforming Amendments.--Section 3017(b)(1) of such title is 
amended--
            (1) in subparagraphs (A) and (C), by striking ``or 
        3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
            (2) in subparagraph (B), by inserting ``or 3018D(c)'' after 
        ``under section 3018C(e)''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 30 of such title is amended by inserting after the item 
relating to section 3018C the following new item:

``3018D. Opportunity for certain active-duty personnel to enroll.''.
                                 <all>