[Congressional Record Volume 145, Number 106 (Monday, July 26, 1999)]
[Senate]
[Pages S9311-S9313]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAMS IMPROVEMENTS ACT OF 
                                  1999

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 222, S. 1402.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1402) to amend title 38, United States Code, to 
     enhance programs providing education benefits for veterans, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. GORTON. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1402) was read the third time and passed, as follows:

                                S. 1402

       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 ``All-Volunteer Force 
     Educational Assistance Programs Improvements Act of 1999''.

     SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 38, United States Code.

     SEC. 3. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR 
                   PREPARATORY COURSES FOR COLLEGE AND GRADUATE 
                   SCHOOL ENTRANCE EXAMS.

       Section 3002(3) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) includes--
       ``(i) a preparatory course for a test that is required or 
     utilized for admission to an institution of higher education; 
     and
       ``(ii) a preparatory course for a test that is required or 
     utilized for admission to a graduate school; and''.

     SEC. 4. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY EDUCATIONAL 
                   ASSISTANCE.

       (a) Increase in Basic Benefit.--Section 3015 is amended--
       (1) in subsection (a)(1), by striking ``$528'' and 
     inserting ``$600''; and
       (2) in subsection (b)(1), by striking ``$429'' and 
     inserting ``$488''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1999, and shall apply with 
     respect

[[Page S9312]]

     to educational assistance allowances paid for months after 
     September 1999. However, no adjustment in rates of 
     educational assistance shall be made under section 3015(g) of 
     title 38, United States Code, for fiscal year 2000.

     SEC. 5. INCREASE IN RATES OF SURVIVORS AND DEPENDENTS 
                   EDUCATIONAL ASSISTANCE.

       (a) Survivors and Dependents Educational Assistance.--
     Section 3532 is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``$485'' and inserting ``$550'';
       (B) by striking ``$365'' and inserting ``$414''; and
       (C) by striking ``$242'' and inserting ``$274'';
       (2) in subsection (a)(2), by striking ``$485'' and 
     inserting ``$550'';
       (3) in subsection (b), by striking ``$485'' and inserting 
     ``$550''; and
       (4) in subsection (c)(2)--
       (A) by striking ``$392'' and inserting ``$445'';
       (B) by striking ``$294'' and inserting ``$333''; and
       (C) by striking ``$196'' and inserting ``$222''.
       (b) Correspondence Course.--Section 3534(b) is amended by 
     striking ``$485'' and inserting ``$550''.
       (c) Special Restorative Training.--Section 3542(a) is 
     amended--
       (1) by striking ``$485'' and inserting ``$550'';
       (2) by striking ``$152'' each place it appears and 
     inserting ``$172''; and
       (3) by striking ``$16.16'' and inserting ``$18.35''.
       (d) Apprenticeship Training.--Section 3687(b)(2) is 
     amended--
       (1) by striking ``$353'' and inserting ``$401'';
       (2) by striking ``$264'' and inserting ``$299'';
       (3) by striking ``$175'' and inserting ``$198''; and
       (4) by striking ``$88'' and inserting ``$99''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1999, and shall apply with 
     respect to educational assistance paid for months after 
     September 1999.

     SEC. 6. INCREASED ACTIVE DUTY EDUCATIONAL ASSISTANCE BENEFIT 
                   FOR CONTRIBUTING MEMBERS.

       (a) Authority To Make Contributions for Increased 
     Assistance Amount.--(1) Section 3011 is amended--
       (A) by redesignating subsection (i) as subsection (j); and
       (B) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i)(1) Any individual eligible for educational assistance 
     under this section who does not make an election under 
     subsection (c)(1) may contribute amounts for purposes of 
     receiving an increased amount of basic educational assistance 
     as provided for under section 3015(g) of this title. Such 
     contributions shall be in addition to any reductions in the 
     basic pay of such individual under subsection (b).
       ``(2) An individual covered by paragraph (1) may make the 
     contributions authorized by that paragraph at any time while 
     on active duty.
       ``(3) The total amount of the contributions made by an 
     individual under paragraph (1) may not exceed $600. Such 
     contributions shall be made in multiples of $4.
       ``(4) Contributions under this subsection shall be made to 
     the Secretary. The Secretary shall deposit any amounts 
     received by the Secretary as contributions under this 
     subsection into the Treasury as miscellaneous receipts.''.
       (2) Section 3012 is amended--
       (A) by redesignating subsection (g) as subsection (h); and
       (B) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g)(1) Any individual eligible for educational assistance 
     under this section who does not make an election under 
     subsection (d)(1) may contribute amounts for purposes of 
     receiving an increased amount of basic educational assistance 
     as provided for under section 3015(g) of this title. Such 
     contributions shall be in addition to any reductions in the 
     basic pay of such individual under subsection (c).
       ``(2) An individual covered by paragraph (1) may make the 
     contributions authorized by that paragraph at any time while 
     on active duty.
       ``(3) The total amount of the contributions made by an 
     individual under paragraph (1) may not exceed $600. Such 
     contributions shall be made in multiples of $4.
       ``(4) Contributions under this subsection shall be made to 
     the Secretary. The Secretary shall deposit any amounts 
     received by the Secretary as contributions under this 
     subsection into the Treasury as miscellaneous receipts.''.
       (b) Increased Assistance Amount.--Section 3015, as amended 
     by section 4 of this Act, is further amended--
       (1) by striking ``subsection (g)'' each place it appears in 
     subsections (a)(1) and (b)(1) and inserting ``subsection 
     (h)'';
       (2) by redesignating subsection (g) as subsection (h); and
       (3) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) In the case of an individual who has made 
     contributions authorized by section 3011(i) or 3012(g) of 
     this title, the monthly amount of basic educational 
     assistance allowance applicable to such individual under 
     subsection (a), (b), or (c) shall be the monthly rate 
     otherwise provided for under the applicable subsection 
     increased by--
       ``(1) an amount equal to $1 for each $4 contributed by such 
     individual under section 3011(i) or 3012(g), as the case may 
     be, for an approved program of education pursued on a full-
     time basis; or
       ``(2) an appropriately reduced amount based on the amount 
     so contributed, as determined under regulations which the 
     Secretary shall prescribe, for an approved program of 
     education pursued on less than a full-time basis.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2000.

     SEC. 7. CONTINUING ELIGIBILITY FOR EDUCATIONAL ASSISTANCE OF 
                   MEMBERS OF THE ARMED FORCES ATTENDING OFFICER 
                   TRAINING SCHOOL.

       Section 3011(a)(1) is amended--
       (1) in subparagraph (A)(ii)--
       (A) by striking ``or (III)'' and inserting ``(III)''; and
       (B) by inserting before the semicolon at the end the 
     following: ``or (IV) for immediate reenlistment to accept a 
     commission as an officer and subsequently completes the 
     resulting obligated period of active duty service as a 
     commissioned officer''; and
       (2) in subparagraph (B)(ii)--
       (A) by striking ``, or (III)'' and inserting ``; (III)''; 
     and
       (B) by inserting before the semicolon at the end the 
     following: ``or (IV) for immediate reenlistment to accept a 
     commission as an officer and subsequently completes the 
     resulting obligated period of active duty service as a 
     commissioned officer''.

     SEC. 8. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES TO 
                   WITHDRAW ELECTIONS NOT TO RECEIVE MONTGOMERY GI 
                   BILL BASIC EDUCATIONAL ASSISTANCE.

       (a) Members on Active Duty.--Section 3011(c) is amended by 
     adding at the end the following:
       ``(4)(A) An individual who makes an election under 
     paragraph (1) may withdraw the election at any time before 
     the discharge or release of the individual from active duty 
     in the Armed Forces. An individual who withdraws such an 
     election may become entitled to basic educational assistance 
     under this chapter.
       ``(B) The withdrawal of an election under this paragraph 
     shall be made in accordance with regulations prescribed by 
     the Secretary of Defense or by the Secretary of 
     Transportation with respect to the Coast Guard when it is not 
     operating as a service in the Navy.
       ``(C)(i) In the case of an individual who withdraws an 
     election under this paragraph--
       ``(I) the basic pay of the individual shall be reduced by 
     $100 for each month after the month in which the election is 
     made until the total amount of such reductions equals $1,500; 
     or
       ``(II) to the extent that basic pay is not so reduced 
     before the individual's discharge or release from active duty 
     in the Armed Forces, the Secretary, before authorizing the 
     payment of educational assistance under this chapter, shall 
     ensure that an amount equal to the difference between $1,500 
     and the total amount of reductions under subclause (I) was 
     paid before the discharge or release of the individual from 
     active duty in the Armed Forces.
       ``(ii) An individual described in clause (i) may pay the 
     Secretary at any time before discharge or release from active 
     duty in the Armed Forces an amount equal to the total amount 
     of the reduction in basic pay otherwise required with respect 
     to the individual under that clause minus the total amount of 
     reductions of basic pay of the individual under that clause 
     at the time of the payment under this clause.
       ``(iii) The second sentence of subsection (b) shall apply 
     to any reductions in basic pay under clause (i)(I).
       ``(iv) Amounts paid under clauses (i)(II) and (ii) shall be 
     deposited into the Treasury as miscellaneous receipts.
       ``(D) The withdrawal of an election under this paragraph is 
     irrevocable.''.
       (b) Members of Selected Reserve.--Section 3012(d) is 
     amended by adding at the end the following:
       ``(4)(A) An individual who makes an election under 
     paragraph (1) may withdraw the election at any time before 
     the discharge or release of the individual from the Armed 
     Forces. An individual who withdraws such an election may 
     become entitled to basic educational assistance under this 
     chapter.
       ``(B) The withdrawal of an election under this paragraph 
     shall be made in accordance with regulations prescribed by 
     the Secretary of Defense or by the Secretary of 
     Transportation with respect to the Coast Guard when it is not 
     operating as a service in the Navy.
       ``(C)(i) In the case of an individual who withdraws an 
     election under this paragraph--
       ``(I) the basic pay or compensation of the individual shall 
     be reduced by $100 for each month after the month in which 
     the election is made until the total amount of such 
     reductions equals $1,500; or
       ``(II) to the extent that basic pay or compensation is not 
     so reduced before the individual's discharge or release from 
     the Armed Forces, the Secretary, before authorizing the 
     payment of educational assistance under this chapter, shall 
     ensure that an amount equal to the difference between $1,500 
     and the total amount of reductions under subclause (I) was 
     paid before the discharge or release of the individual from 
     the Armed Forces.
       ``(ii) An individual described in clause (i) may pay the 
     Secretary at any time before discharge or release from the 
     Armed Forces an amount equal to the total amount of the

[[Page S9313]]

     reduction in basic pay or compensation otherwise required 
     with respect to the individual under that clause minus the 
     total amount of reductions of basic pay or compensation of 
     the individual under that clause at the time of the payment 
     under this clause.
       ``(iii) The second sentence of subsection (c) shall apply 
     to any reductions in basic pay or compensation under clause 
     (i)(I).
       ``(iv) Amounts paid under clauses (i)(II) and (ii) shall be 
     deposited into the Treasury as miscellaneous receipts.
       ``(D) The withdrawal of an election under this paragraph is 
     irrevocable.''.

     SEC. 9. ACCELERATED PAYMENTS OF BASIC EDUCATIONAL ASSISTANCE.

       Section 3014 is amended--
       (1) by inserting ``(a)'' before ``The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b)(1) The Secretary may make payments of basic 
     educational assistance under this subchapter on an 
     accelerated basis.
       ``(2) The Secretary may pay basic educational assistance on 
     an accelerated basis under this subsection only to an 
     individual entitled to payment of such assistance under this 
     subchapter who has made a request for payment of such 
     assistance on an accelerated basis.
       ``(3) In the event an adjustment under section 3015(g) of 
     this title in the monthly rate of basic educational 
     assistance will occur during a period for which a payment of 
     such assistance is made on an accelerated basis under this 
     subsection, the Secretary shall pay on an accelerated basis 
     the amount of such assistance otherwise payable under this 
     subchapter for the period without regard to the adjustment 
     under that section.
       ``(4) For each accelerated payment made to an individual, 
     the individual's entitlement under this subchapter shall be 
     charged as if the individual had received a monthly 
     educational assistance allowance for the period of 
     educational pursuit covered by the accelerated payment.
       ``(5) Basic educational assistance shall be paid on an 
     accelerated basis under this subsection as follows:
       ``(A) In the case of assistance for a course leading to a 
     standard college degree, at the beginning of the quarter, 
     semester, or term of the course in a lump-sum amount 
     equivalent to the aggregate amount of monthly assistance 
     otherwise payable under this subchapter for the quarter, 
     semester, or term, as the case may be, of the course.
       ``(B) In the case of assistance for a course other than a 
     course referred to in subparagraph (A)--
       ``(i) at the later of (I) the beginning of the course, or 
     (II) a reasonable time after the request for payment by the 
     individual concerned; and
       ``(ii) in any amount requested by the individual concerned 
     within the limit, if any, specified in the regulations 
     prescribed by the Secretary under paragraph (6), with such 
     limit not to exceed the aggregate amount of monthly 
     assistance otherwise payable under this subchapter for the 
     period of the course.
       ``(6) The Secretary shall prescribe regulations for 
     purposes of making payments of basic educational assistance 
     on an accelerated basis under this subsection. Such 
     regulations shall include requirements relating to the 
     request for, making and delivery of, and receipt and use of 
     such payments and may include a limit on the amount payable 
     for a course under paragraph (5)(B)(ii).''.

     SEC. 10. VETERANS EDUCATION AND VOCATIONAL TRAINING BENEFITS 
                   PROVIDED BY THE STATES.

       (a) Annual Report.--(1) Not later than six months after the 
     date of the enactment of this Act, and January 31 of each 
     year thereafter, the Secretary of Veterans Affairs shall, in 
     consultation with the Secretary of Education, the Secretary 
     of Defense, and the Secretary of Labor, submit to the 
     Committees on Veterans' Affairs of the Senate and the House 
     of Representatives a report on veterans education and 
     vocational training benefits provided by the States.
       (2) A report under paragraph (1) shall include, for the 
     one-year period ending on the date of the report, the 
     following:
       (A) A description of the assistance in securing post-
     secondary education and vocational training provided veterans 
     by each State.
       (B) A list of the States which provide veterans full or 
     partial waivers of tuition for attending institutions of 
     higher education that are State-supported.
       (C) A description of the actions taken by the Department of 
     Veterans Affairs, Department of Defense, Department of 
     Education, and Department of Labor to encourage the States to 
     provide benefits designed to assist veterans in securing 
     post-secondary education and vocational training.
       (b) Sense of Congress Regarding State Veterans Education 
     and Vocational Training Benefits.--(1) Congress makes the 
     following findings:
       (A) The peace and prosperity of the citizens of the States 
     are ensured by the voluntary service of men and women in the 
     Armed Forces.
       (B) Veterans benefit from the military training and 
     discipline and the success-oriented attitude that are 
     inculcated by service in the Armed Forces.
       (C) It is in the social and economic interests of the 
     States to take advantage of the positive personal attributes 
     of veterans which are nurtured through service in the Armed 
     Forces.
       (D) A post-secondary education provides veterans the means 
     to maximize their contribution to the society and economy of 
     the States.
       (E) Some States have recognized that it is in their 
     interest to provide veterans post-secondary education on a 
     tuition-free basis.
       (2) It is the sense of Congress that each of the States 
     should admit qualified veterans to publicly-supported 
     institutions of higher education on a tuition-free basis.
       (c) State Defined.--In this section, the term ``State'' has 
     the meaning given that term in section 101(20) of title 38, 
     United States Code.

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