109 HR 6100 IH: To amend title 38, United States Code, to provide for U.S. House of Representatives 2006-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6100 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.

1.

Short title

This Act may be cited as the Military Education Enhancement Opportunities Act of 2006.

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:

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. .