[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 55 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 55

      To amend title 38, United States Code, to modify the annual 
     determination of the rate of the basic benefit of active duty 
  educational assistance under the Montgomery GI Bill, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2003

  Mr. Johnson (for himself and Mrs. Collins) 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 modify the annual 
     determination of the rate of the basic benefit of active duty 
  educational assistance under the Montgomery GI Bill, 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 ``Veterans' Higher Education 
Opportunities Act of 2003''.

SEC. 2. MODIFICATION OF ANNUAL DETERMINATION OF BASIC BENEFIT OF ACTIVE 
              DUTY EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL.

    (a) Basic Benefit.--Section 3015 of title 38, United States Code, 
is amended--
            (1) in subsection (a)(1), by striking ``at the monthly rate 
        of--'' and all that follows and inserting ``at the monthly rate 
        equal to the average monthly costs of tuition and expenses for 
        commuter students at public institutions of higher education 
        that award baccalaureate degrees (as determined under 
        subsection (h)); or''; and
            (2) in subsection (b)(1) by striking ``at the monthly rate 
        of--'' and all that follows and inserting ``at the monthly rate 
        equal to 75 percent of the average monthly costs of tuition and 
        expenses for commuter students at public institutions of higher 
        education that award baccalaureate degrees (as determined under 
        subsection (h)); or''.
    (b) Determination of Average Monthly Costs.--Subsection (h) of that 
section is amended to read as follows:
    ``(h)(1) Not later than September 30 each year, the Secretary shall 
determine the average monthly costs of tuition and expenses for 
commuter students at public institutions of higher education that award 
baccalaureate degrees for purposes of subsections (a)(1) and (b)(1) for 
the succeeding fiscal year. The Secretary shall determine such costs 
utilizing information obtained from the College Board or information 
provided annually by the College Board in its annual survey of 
institutions of higher education.
    ``(2) In determining the costs of tuition and expenses under 
paragraph (1), the Secretary shall take into account the following:
            ``(A) Tuition and fees.
            ``(B) The cost of books and supplies.
            ``(C) The cost of board.
            ``(D) Transportation costs.
            ``(E) Other nonfixed educational expenses.
    ``(3) A determination made under paragraph (1) in a year shall take 
effect on October 1 of that year and apply with respect to basic 
educational assistance allowances payable under this section for the 
fiscal year beginning in that year.
    ``(4) Not later than September 30 each year, the Secretary shall 
publish in the Federal Register the average monthly costs of tuition 
and expenses as determined under paragraph (1) in that year.
    ``(5) For purposes of this section, the term `institution of higher 
education' has the meaning given that term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001).''.
    (c) Stylistic Amendment.--Subsection (b) of that section is further 
amended in the matter preceding paragraph (1) by striking ``as provided 
in the succeeding subsections of this section'' and inserting ``as 
otherwise provided in this section''.
    (d) Effective Date.--(1) Except as provided in paragraph (2), the 
amendments made by this section shall take effect on October 1, 2003.
    (2) The Secretary of Veterans Affairs shall make the determination 
required by subsection (h) of section 3015 of title 38, United States 
Code (as amended by subsection (b) of this section), and such 
determination shall go into effect, for fiscal year 2004.
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