[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6100 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6100

     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 HOUSE OF REPRESENTATIVES

                           September 19, 2006

Mr. Bilirakis introduced the following bill; which was referred to the 
  Committee on Veterans' Affairs, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 ``Military Education Enhancement 
Opportunities Act of 2006''.

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 law, an individual 
described in subsection (b) who makes an irrevocable election under 
this section during the one-year period beginning on the date of the 
enactment of this section, shall be 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) An individual described in this subsection is an individual 
who--
            ``(1) first became a member of the Armed Forces or first 
        entered on active duty as a member of the Armed Forces on or 
        after January 1, 1977, and before July 1, 1985;
            ``(2) 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) has not enrolled in the educational benefits program 
        provided by chapter 32 of this title;
            ``(4) before making an election 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; and
            ``(5) 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 an individual described in subsection (b) who makes an 
election under this section to become entitled to basic educational 
assistance under this chapter--
            ``(A) the basic pay of the 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 the basic pay of the individual 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, the Secretary 
        concerned shall collect from the qualified individual or 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 individual makes an election under 
this section, for the 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 individuals described in subsection (b) from 
whom the Secretary is required to collect an amount under paragraph (1) 
of subsection (c), no amount of educational assistance allowance under 
this chapter shall be paid to the individual until the earlier of the 
date on which--
            ``(1) the Secretary concerned collects the applicable 
        amount under subparagraph (A) of such paragraph; or
            ``(2) the retired or retainer pay of the individual is 
        first reduced under subparagraph (B) of such paragraph.
    ``(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.--Such title is further amended--
            (1) in section 3013(d), by striking ``or 3018C'' and 
        inserting ``3018C, or 3018D''; and
            (2) in section 3017(b)(1) of such title is amended--
                    (A) in subparagraphs (A) and (C), by striking ``or 
                3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
                    (B) 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.''.
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