[Congressional Record Volume 146, Number 57 (Wednesday, May 10, 2000)]
[Senate]
[Page S3834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Mr. Allard, Mr. Bingaman, Mr. 
        Kennedy, and Mr. Leahy):
  S. 2537. A bill to amend title 10, United States Code, to modify the 
time for use by members of the Selected Reserve of entitlement to 
certain educational assistance; to the Committee on Armed Services.


                national guard and reserve education act

 Mr. JEFFORDS. Mr. President, I strongly believe we owe it to 
Americans to provide them the best educational opportunities. And as a 
Navy veteran, I feel we owe our military greater access to education by 
providing maximum flexibility to use the educational benefits they've 
been promised. Today, on behalf of Senators Allard, Bingaman, Kennedy, 
Leahy, and myself, I am introducing legislation that will provide more 
time for our National Guard and Reserves to utilize their current 
education benefits.
  Education benefits have proven to be one of the more important 
benefits offered by the U.S. military, both in terms of recruiting and 
retention, and as a means of upgrading the educational levels of our 
existing force. Currently, members of our uniformed services receive 
education assistance primarily through the successful Montgomery GI 
bill.
  While the Montgomery GI bill goes a long way toward helping to 
further the education of our hardworking men and women serving in the 
uniformed services, there is an important gap in the number of years 
they have to utilize these benefits. While active duty personnel are 
provided education benefits for up to ten years after they separate 
from active duty, National Guard and Reserve personnel are only 
entitled to these benefits for the first ten years of their service and 
not after they leave the service. Since our active duty servicemembers 
currently have up to ten years after they separate from active duty, 
they are eligible to utilize their education assistance for up to 
thirty years (twenty years service plus ten). Our National Guard and 
Reserve servicemembers' benefits currently end ten years from the date 
they complete basic training.
  The legislation I am introducing today would allow our National Guard 
and Reserves to use their Montgomery GI bill education benefits for the 
entire time they serve in the Selected Reserve. We are not asking for 
more benefits, just greater flexibility in the servicemembers' choice 
of when to use the education benefits that are already approved for 
them.
  In addition, the Selected Reserve members who become disabled are 
currently allowed to use the GI bill education benefits only during the 
first ten years of service, regardless of what year they become 
disabled. For example, if a servicemember becomes disabled during the 
first two years of service, he has eight more years of education 
assistance eligibility. But if he becomes disabled after nine years of 
service, he would have one year of eligibility left. After ten years of 
service, the National Guard and Reserve have no education benefits if 
they become disabled.
  This legislation would allow any unused portion of their 36 months of 
GI bill educational assistance to be utilized through the later of the 
original ten-year period of eligibility or a four-year period beginning 
on the date the person is involuntarily separated from the Selected 
Reserve. This adjustment also pertains to servicemembers whose unit is 
inactivated during a force drawdown if they have any unused months of 
educational assistance remaining.
  As we have seen, our National Guard and Reserve continue to be tasked 
more and more as our nation calls on them to support missions around 
the world. The Selected Reserve makes up almost half of our Uniformed 
Services today. They, too, leave their families behind to meet the call 
of serving our nation. In addition, they leave their full-time 
employers for months on end to perform their `part-time' jobs. This 
makes it even more difficult for them to take advantage of employer-
provided opportunities to further their education. How can we continue 
to expect them to utilize their current Montgomery GI bill benefits 
within the current time limitations while being tasked to work two 
jobs, maintain a family and deploy overseas on short notice? They've 
earned the right to have an equitable amoun6t of time to utilize their 
Montgomery GI bill educational assistance. This is the right thing to 
do. I hope my colleague will join me in cosponsoring this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2537

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF 
                   THE SELECTED RESERVE OF ENTITLEMENT TO 
                   EDUCATIONAL ASSISTANCE.

       (a) In General.--Subsection (a) of section 16133 of title 
     10, United States Code, is amended by striking ``(1) at the 
     end'' and all that follows through the end and inserting ``on 
     the date the person is separated from the Selected 
     Reserve.''.
       (b) Certain Members.--Paragraph (1) of subsection (b) of 
     that section is amended in the flush matter following 
     subparagraph (B) by striking ``shall be determined'' and all 
     that follows through the end and inserting ``shall expire on 
     the later of (i) the 10-year period beginning on the date on 
     which such person becomes entitled to educational assistance 
     under this chapter, or (ii) the end of the 4-year period 
     beginning on the date such person is separated from, or 
     ceases to be, a member of the Selected Reserve.''.
       (c) Conforming Amendments.--Subsection (b) of that section 
     is further amended--
       (1) in paragraph (2), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)'';
       (2) in paragraph (3), by striking ``subsection (a)'' and 
     inserting ``subsection (b)(1)''; and
       (3) in paragraph (4)--
       (A) in subparagraph (A), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)''; and
       (B) in subparagraph (B), by striking ``clause (2) of such 
     subsection'' and inserting ``subsection (a)''.
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