[Congressional Record Volume 154, Number 79 (Wednesday, May 14, 2008)]
[Senate]
[Pages S4187-S4201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4762. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 980, to provide collective bargaining rights for 
public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NO UNION DUES FROM ILLEGAL IMMIGRANTS.

       (a) Prohibition for Private Labor Organizations.--It shall 
     be unlawful for a labor organization to collect dues or 
     initiation fees from any individual who is physically present 
     in the United States in violation of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.).
       (b) Prohibition for Public Safety Labor Organizations.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, a State law shall be deemed to have failed to 
     substantially provide for the rights and responsibilities 
     described in section 4(b) unless the Authority determines 
     that such law, in addition to meeting such rights and 
     responsibilities, prohibits labor organizations from 
     collecting dues or initiation fees from any individual who is 
     physically present in the United States in violation of the 
     Immigration and Nationality Act.
       (2) Enforcement authority.--The Authority may issue and 
     enforce regulations to carry out paragraph (1) in the manner 
     provided under section 5.
       (c) Decertification of Labor Organizations.--
       (1) Public-sector employees.--In addition to any 
     enforcement measures authorized under subsection (b)(2), if 
     the Authority determines that a labor organization has 
     violated any provision under subsection (a) or (b), the 
     Authority shall issue an order that decertifies the labor 
     organization or otherwise notifies the labor organization 
     that the organization will no longer be recognized by the 
     Authority as the exclusive representative of employees for 
     collective bargaining purposes.
       (2) Private-sector employees.--If the National Labor 
     Relations Board determines that a labor organization has 
     violated subsection (a), the Board shall issue an order that 
     decertifies the labor organization or otherwise notifies the 
     labor organization that the organization will no longer be 
     recognized by the Board as the exclusive representative of 
     employees for collective bargaining purposes.
       (d) Labor Organization Defined.--In this section, the term 
     ``labor organization'' has the meaning given such term in 
     section 2 of the Labor Management Relations Act (29 U.S.C. 
     152)).
       (e) Required Participation by Labor Organizations.--Section 
     402(e) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (title IV of division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Labor organizations.--
       ``(A) In general.--All labor organizations (as defined in 
     section 2 of the Labor Management Relations Act (29 U.S.C. 
     152)) shall elect to participate in the basic pilot program 
     and shall comply with the terms and conditions of such 
     election.
       ``(B) Verification of all members.--Notwithstanding any 
     other provision in this title, each participating labor 
     organization shall use the confirmation system to seek 
     confirmation of the identity and employment eligibility of 
     each member of such labor organization.
       ``(C) Deadline for compliance.--The verifications required 
     under subparagraph (B) shall be completed--
       ``(i) not later than 1 year after the date of the enactment 
     of the Public Safety Employer-Employee Cooperation Act of 
     2007 for all members of the labor organization as of such 
     date; and
       ``(ii) for individuals who become members of such labor 
     organization after such date of enactment, not later than 14 
     days after the commencement of such membership.''.
                                 ______
                                 
  SA 4763. Mr. GRAHAM (for himself, Mr. Burr, and Mr. McCain) proposed 
an amendment to the bill H.R. 980, to provide collective bargaining 
rights for public safety officers employed by States or their political 
subdivisions; as follows:

       Strike the last period in the bill and insert the 
     following:

  TITLE I--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES AND 
                                VETERANS

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Enhancement of 
     Recruitment, Retention, and Readjustment Through Education 
     Act of 2008''.

     SEC. 102. FINDINGS.

       Congress makes the following findings:
       (1) The World War II-era GI Bill assisted almost 8,000,000 
     members of the Armed Forces in readjusting to civilian life 
     after completing their service to the nation. With the 
     support and assistance of America's colleges and 
     universities, the GI Bill provided incentives that 
     transformed American society, making a college degree a 
     realizable goal for millions of Americans.
       (2) In the years following World War II, the GI Bill 
     continued to provide educational benefits for members of the 
     Armed Forces who had been drafted into or volunteered for 
     service.
       (3) The establishment of the All Volunteer Force in 1973, 
     and its development since its inception, has produced highly 
     professional Armed Forces that are recognized as the most 
     effective fighting force the world has ever seen.
       (4) The Sonny Montgomery GI Bill was enacted in 1984 to 
     sustain the All Volunteer Force by providing educational 
     benefits to aid in the recruitment and retention of highly 
     qualified personnel for the Armed Forces and to assist 
     veterans in readjusting to civilian life. Today, it remains a 
     cornerstone of military recruiting and retention planning for 
     the Armed Forces and continues to fulfill its original 
     purposes.
       (5) The All Volunteer Force depends for its effectiveness 
     and vitality on successful recruiting of highly capable men 
     and women, and retention for careers of soldiers, sailors, 
     airmen, and marines, in both the active and reserve 
     components of the Armed Forces, who, with the support of 
     their families and loved ones, develop into professional, 
     dedicated, and experienced officers, noncommissioned 
     officers, and petty officers.
       (6) The achievement of educational goals, including 
     obtaining the means to a college degree, has traditionally 
     been a key reason for volunteering for service in the Armed 
     Forces. For members who serve a career in the Armed Forces, 
     this goal extends to their spouses and children and has 
     resulted in requests for the option to transfer educational 
     benefits under the GI Bill to spouses and children.
       (7) As in the aftermath of World War II, colleges and 
     universities throughout the United States should demonstrate 
     their and the Nation's appreciation to veterans by dedicated 
     programs providing financial aid.
       (8) It is in that national interest for the United States--
       (A) to express the gratitude of the American people by 
     assisting those who have honorably served in the Armed Forces 
     and returned to civilian life to achieve their educational 
     goals;
       (B) to provide significant educational benefits to provide 
     incentives for successful recruiting;
       (C) to motivate continued service in the All Volunteer 
     Force by those members with the potential for military 
     careers and their spouses and children; and
       (D) to assist those who serve and their families in 
     achieving their personal goals, including higher education, 
     while progressing in a military career.

     SEC. 103. PLAN ON COORDINATION OF CURRENT EDUCATIONAL 
                   ASSISTANCE PROGRAMS AND DEVELOPMENT OF 
                   ADDITIONAL EDUCATIONAL ASSISTANCE PROGRAMS TO 
                   ENABLE CAREER-ORIENTED MEMBERS OF THE ARMED 
                   FORCES TO ATTAIN A BACHELOR'S DEGREE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the outstanding men and women who volunteer for service 
     in the Armed Forces and demonstrate through their service the 
     ability, motivation, and commitment to serve as career 
     commissioned officers, noncommissioned officers, petty 
     officers, and warrant officers should be given the 
     opportunities and resources needed to obtain a bachelor's 
     degree before they complete active duty and retire from the 
     Armed Forces; and
       (2) every effort should be made by the leaders of the Army, 
     Navy, Marine Corps, Air Force, and Coast Guard to demonstrate 
     to members of the Armed Forces who are willing to serve and 
     study that the dual goals of attaining a bachelor's degree 
     and a distinguished military career are achievable and not 
     mutually exclusive.
       (b) Plan To Coordinate and Develop Educational Assistance 
     Programs.--
       (1) Plan required.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, develop 
     a plan to make the attainment of a bachelor's degree an 
     achievable goal for members of the Armed Forces who are 
     motivated towards careers in the Armed Forces and who are 
     able and willing to accept the challenges of military duty 
     and pursuit of college level studies.
       (2) Advice of the service chiefs.--The Secretary of Defense 
     shall develop the plan required by paragraph (1) with the 
     advice of the Chief of Staff of the Army, the Chief of Naval 
     Operations, the Chief of Staff of the Air Force, and the 
     Commandant of the Marine Corps.
       (3) Elements.--The plan required by paragraph (1) shall 
     include the following:

[[Page S4188]]

       (A) Appropriate elements of current programs to assist 
     members of the Armed Forces in obtaining college-level 
     education, including tuition assistance programs, distance 
     learning programs, and technical training and education 
     provided by the military departments, including programs 
     currently administered by the Secretary of Veterans Affairs.
       (B) Appropriate elements of current programs to provide 
     members of the Armed Forces with assistance in obtaining 
     college-level credit for the technical training and 
     experience they undergo during their military career.
       (C) One or more additional education programs to assist 
     members of the Armed Forces in obtaining a college-level 
     education, including mechanisms for the provision by the 
     military departments of guidance, mentoring, and resources to 
     assist members in achieving their professional military and 
     personal educational goals.
       (D) Such additional programs or mechanisms, such as 
     sabbaticals from the Armed Forces or college-level education 
     provided or funded by the military departments, as the 
     Secretary of Defense considers appropriate to assist members 
     of the Armed Forces in making adequate progress towards a 
     bachelor's degree from an accredited institution of higher 
     education while continuing a successful military career.
       (E) Such mechanisms for the application of the elements of 
     the plan to members of the National Guard and Reserves as the 
     Secretary of Defense considers appropriate to ensure that 
     such members receive appropriate assistance in achieving 
     their professional military and personal educational goals.
       (F) Such elements of current programs of the military 
     departments for in-service education of members of the Armed 
     Forces as the Secretary of Defense considers appropriate to 
     maintain and enhance the recruitment and retention by the 
     Armed Forces of highly trained and experienced military 
     leaders.
       (4) Submittal to congress.--The Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth the plan 
     required by paragraph (1) not later than August 1, 2009.

     SEC. 104. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE 
                   UNDER THE MONTGOMERY GI BILL.

       (a) Increase in General Rates and Augmented Rates for 
     Extended Service.--
       (1) Rates based on three years of obligated service.--
     Subsection (a)(1) of section 3015 of title 38, United States 
     Code, is amended by striking ``on a full-time basis, at the 
     monthly rate of'' and all that follows and inserting ``on a 
     full-time basis--
       ``(A) in the case of an individual who served on active 
     duty in the Armed Forces for 12 or more years, at the monthly 
     rate of--
       ``(i) for months occurring during fiscal year 2009, $1,650;
       ``(ii) for months occurring during fiscal year 2010, 
     $1,800;
       ``(iii) for months occurring during fiscal year 2011, 
     $2,000; and
       ``(iv) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the preceding 
     fiscal year increased under subsection (h); and
       ``(B) in the case of an individual who served on active 
     duty in the Armed Forces for less than 12 years, at the 
     monthly rate of--
       ``(i) for months occurring during fiscal year 2009, $1,500; 
     and
       ``(ii) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the preceding 
     fiscal year increased under subsection (h); or''.
       (2) Rates based on two years of obligated service.--
     Subsection (b)(1) of such section is amended--
       (A) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph (A):
       ``(A) for months occurring during fiscal year 2009, $950; 
     and''; and
       (B) by redesignating subparagraph (D) as subparagraph (B).
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to basic educational assistance payable for months 
     beginning on or after that date.
       (2) Limitation on cost-of-living adjustments.--
       (A) Certain rates based on three years of obligated 
     service.--No adjustment under subsection (h) of section 3015 
     of title 38, United States Code, shall be made in the rates 
     of educational assistance payable under subsection (a)(1)(A) 
     of such section (as amended by subsection (a)(1) of this 
     section) for any of fiscal years 2009 through 2011.
       (B) Other rates.--No adjustment under subsection (h) of 
     section 3015 of title 38, United States Code, shall be made 
     in the rates of educational assistance payable under 
     subsection (a)(1)(B) of such section (as so amended), or 
     subsection (b) of such section, for fiscal year 2009.

     SEC. 105. ANNUAL STIPEND FOR RECIPIENTS OF BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (a) Entitlement to Stipend.--
       (1) In general.--Subchapter II of chapter 30 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3020A. Educational stipend

       ``(a) Entitlement.--Each individual receiving basic 
     educational assistance under this subchapter who is pursuing 
     a program of education at an institution of higher learning 
     (as such term is defined in section 3452(f) of this title) is 
     entitled to an educational stipend under this section.
       ``(b) Amount of Stipend.--The educational stipend payable 
     under this section to an individual entitled to such a 
     stipend shall be paid--
       ``(1) in the case of an individual pursuing an approved 
     program of education on at least a half-time basis, at the 
     annual rate of $1,000; and
       ``(2) in the case of an individual pursuing an approved 
     program of education on less than a half-time basis, at the 
     annual rate of $500.
       ``(c) Payment Frequency and Method.--The educational 
     stipend payable under this subsection shall be paid with such 
     frequency (including by lump sum), and by such mechanisms, as 
     the Secretary shall prescribe for purposes of this 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 30 of such title is amended by adding at 
     the end of the items relating to subchapter II the following 
     new item:

``3020A. Educational stipend.''.
       (b) Effective Date.--Section 3020A of title 38, United 
     States Code, as added by subsection (a), shall take effect on 
     the date that is one year after the enactment of this Act.

     SEC. 106. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR 
                   MEMBERS OF THE SELECTED RESERVE.

       (a) Increase in Rates.--Section 16131(b)(1) of title 10, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``$251'' and inserting 
     ``$634'';
       (2) in subparagraph (B), by striking ``$188'' and inserting 
     ``$474''; and
       (3) in subparagraph (C), by striking ``$125'' and inserting 
     ``$314''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.
       (2) No cost-of-living adjustment.--No adjustment under 
     paragraph (2) of section 16131(b) of title 10, United States 
     Code, shall be made in the rates of educational assistance 
     payable under paragraph (1) of such section for fiscal year 
     2009.

     SEC. 107. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR 
                   RESERVE COMPONENT MEMBERS SUPPORTING 
                   CONTINGENCY OPERATIONS AND OTHER OPERATIONS 
                   WITH EXTENDED SERVICE IN THE SELECTED RESERVE.

       (a) Increase in Rates for Extended Service.--Paragraph (2) 
     of section 16162(c) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) The educational assistance allowance provided under 
     this chapter shall be the amount as follows (as adjusted 
     under paragraphs (3) and (4)):
       ``(A) In the case of a member who serves an aggregate of 12 
     years or more in the Selected Reserve of the Ready Reserve, 
     the amount provided under section 3015(a)(1)(A) of title 38 
     for the fiscal year concerned, except that if a member 
     otherwise covered by this subparagraph ceases serving in the 
     Selected Reserve the amount shall be the amount provided 
     under subparagraph (B) of this paragraph.
       ``(B) In the case of any other member, the amount provided 
     under section 3015(a)(1)(B) of title 38 for the fiscal year 
     concerned.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.

     SEC. 108. ENHANCEMENT OF TRANSFERABILITY OF ENTITLEMENT TO 
                   EDUCATIONAL ASSISTANCE.

       (a) Modification of Authority To Transfer Entitlement Under 
     Montgomery GI Bill.--
       (1) In general.--Subsection (a) of section 3020 of title 
     38, United States Code, is amended to read as follows:
       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary of Defense shall authorize each 
     Secretary concerned to permit an individual described in 
     subsection (b) who is entitled to basic educational 
     assistance under this subchapter to elect to transfer to one 
     or more of the dependents specified in subsection (c) the 
     unused portion of such individual's entitlement to such 
     assistance, subject to the limitation under subsection 
     (d).''.
       (2) Eligible individuals.--Subsection (b) of such section 
     is amended to read as follows:
       ``(b) Eligible Individuals.--An individual referred to in 
     subsection (a) is any member of the Armed Forces serving on 
     active duty or as a member of the Selected Reserve who, at 
     the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement to basic educational 
     assistance under this section--
       ``(1) has completed six years of service in the Armed 
     Forces; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.''.
       (3) Limitations on months of transfer.--Subsection (d) of 
     such section is amended to read as follows:
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraphs (2) and (3), an individual may 
     transfer under this section any number of months of unused 
     entitlement of the individual to basic educational assistance 
     under this chapter.

[[Page S4189]]

       ``(2) In the case of an individual who has completed at 
     least six but less than 12 years of service in the Armed 
     Forces at the time of the approval by the Secretary concerned 
     of the individual's request to transfer entitlement under 
     this section, the number of months that may be transferred by 
     the individual under this section may not exceed the lesser 
     of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.''.
       (4) Timing, revocation, and modification of transfer.--
     Subsection (f) of such section is amended--
       (A) in paragraph (1), by striking ``without regard'' and 
     all that follows and inserting ``while the individual is a 
     member of the Armed Forces.''; and
       (B) in paragraph (2)(A), by inserting ``while the 
     individual is serving as a member of the Armed Forces or in 
     the Selected Reserve'' after ``at any time''.
       (5) Exclusion from marital property.--Subsection (f) of 
     such section is further amended by adding at the end the 
     following new paragraph:
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.''.
       (6) Overpayment.--Subsection (i) of such section is 
     amended--
       (A) by striking ``(1)'' before ``In the event''; and
       (B) by striking paragraphs (2) and (3).
       (7) Regulations.--Subsection (k) of such section is amended 
     to read as follows:
       ``(k) Regulations.--The Secretary of Defense shall, in 
     coordination with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (8) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 3020. Transfer of entitlement to basic educational 
       assistance''.

       (9) Clerical amendment.--The table of sections at the 
     beginning of chapter 30 of such title is amended by striking 
     the item relating to section 3020 and inserting the 
     following:

``3020. Transfer of entitlement to basic educational assistance.''.

       (b) Authority for Transfer of Entitlement Under Reserve 
     Components Educational Assistance Programs.--
       (1) Selected reserve program.--
       (A) In general.--Chapter 1606 of title 10, United States 
     Code, is amended by inserting after section 16131a the 
     following new section:

     ``Sec. 16131b. Transfer of entitlement to educational 
       assistance

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary concerned may permit a member of the 
     Armed Forces described in subsection (b) who is entitled to 
     educational assistance under this chapter to elect to 
     transfer to one or more of the dependents specified in 
     subsection (c) a portion of such member's entitlement to such 
     assistance, subject to the limitations under subsection (d).
       ``(b) Eligible Members.--A member described in this 
     subsection is a member of the Selected Reserve of the Ready 
     Reserve who, at the time of the approval of the member's 
     request to transfer entitlement to educational assistance 
     under this section--
       ``(1) has completed at least six years of service in the 
     Selected Reserve; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to educational assistance under this section 
     may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraph (2), a member may transfer under this 
     section any number of months of unused entitlement of the 
     member to educational assistance under this chapter.
       ``(2) In the case of a member who has completed at least 
     six but less than 12 years of service in the Selected Reserve 
     at the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement under this section, 
     the number of months that may be transferred by the member 
     under this section may not exceed the lesser of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to educational assistance under this section 
     shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16133 of this title, a member approved to transfer 
     entitlement to educational assistance under this section may 
     transfer such entitlement at any time after the approval of 
     the member's request to transfer such entitlement.
       ``(2)(A) A member transferring entitlement under this 
     section may modify or revoke at any time the transfer of any 
     unused portion of the entitlement so transferred.
       ``(B) The modification or revocation of the transfer of 
     entitlement under this paragraph shall be made by the 
     submittal of written notice of the action to both the 
     Secretary concerned and the Secretary of Veterans Affairs.
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance is transferred under this section 
     may not commence the use of the transferred entitlement 
     until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of six years 
     of service in the Selected Reserve; or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     six years of service in the Selected Reserve; and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to educational assistance transferred under 
     this section shall be charged against the entitlement of the 
     member making the transfer at the rate of one month for each 
     month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     educational assistance under this chapter in the same manner 
     as the member from whom the entitlement was transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable to the member 
     making the transfer under section 16131 or 16132a of this 
     title, as applicable.
       ``(4)(A) The death of a member transferring entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(B) The involuntary separation or retirement of a member 
     transferring entitlement under this section because of a 
     nondiscretionary provision of law for age or for years of 
     service, as described in section 16133(b) of this title, or 
     medical disqualification which is not the result of gross 
     negligence or misconduct of the member shall not affect the 
     use of entitlement by the dependent to whom the entitlement 
     is transferred.
       ``(5) A child to whom entitlement is transferred under this 
     section may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(6) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall include the pursuit and completion of the 
     requirements of a secondary school diploma (or equivalency 
     certificate).
       ``(7) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(i) Overpayment.--(1) In the event of an overpayment of 
     educational assistance with respect to a dependent to whom 
     entitlement is transferred under this section, the dependent 
     and the member making the transfer shall be jointly and 
     severally liable to the United States for the amount of the 
     overpayment for purposes of section 3685 of title 38.
       ``(2)(A) Except as provided in subparagraph (B), in the 
     case of a member transferring entitlement under this section 
     whose eligibility is terminated under section 16134(2) of 
     this title, the amount of any transferred entitlement under 
     this section that is used by a dependent of the member as of 
     the date of the failure of the member to participate 
     satisfactorily in training as specified in section 16134(2) 
     of this title shall be treated as an overpayment of 
     educational assistance under paragraph (1).
       ``(B) Subparagraph (A) shall not apply in the case of a 
     member who fails to complete service agreed to by the 
     member--
       ``(i) by reason of the death of the member; or
       ``(ii) for a reason referred to in section 16133(b) of this 
     title.
       ``(j) Approvals of Transfer Subject to Availability of 
     Appropriations.--The Secretary concerned may approve 
     transfers of

[[Page S4190]]

     entitlement to educational assistance under this section in a 
     fiscal year only to the extent that appropriations for 
     military personnel are available in that fiscal year for 
     purposes of making deposits in the Department of Defense 
     Education Benefits Fund under section 2006 of this title in 
     that fiscal year to cover the present value of future 
     benefits payable from the Fund for the Department of Defense 
     portion of payments of educational assistance attributable to 
     increased usage of benefits as a result of such transfers of 
     entitlement in that fiscal year.
       ``(k) Regulations.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 1606 of such title is amended by 
     inserting after the item relating to section 16131a the 
     following new item:

``16131b. Transfer of entitlement to educational assistance.''.
       (2) Program for reserve components supporting contingency 
     and other operations.--
       (A) In general.--Chapter 1607 of title 10, United States 
     Code, is amended by inserting after section 16162a the 
     following new section:

     ``Sec. 16162b. Transfer of entitlement to educational 
       assistance

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary concerned may permit a member of the 
     Armed Forces described in subsection (b) who is entitled to 
     educational assistance under this chapter to elect to 
     transfer to one or more of the dependents specified in 
     subsection (c) a portion of such member's entitlement to such 
     assistance, subject to the limitations under subsection (d).
       ``(b) Eligible Members.--A member referred to in subsection 
     (a) is a member of the Armed Forces who, at the time of the 
     approval of the member's request to transfer entitlement to 
     educational assistance under this section--
       ``(1) has completed at least six years of service in the 
     Armed Forces; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to educational assistance under this section 
     may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraph (2), a member may transfer under this 
     section any number of months of unused entitlement of the 
     member to educational assistance under this chapter.
       ``(2) In the case of a member who has completed at least 
     six but less than 12 years of service in the Armed Forces at 
     the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement under this section, 
     the number of months that may be transferred by the member 
     under this section may not exceed the lesser of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to educational assistance under this section 
     shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16164 of this title, a member approved to transfer 
     entitlement to educational assistance under this section may 
     transfer such entitlement only while serving as a member of 
     the Armed Forces when the transfer is executed.
       ``(2)(A) A member transferring entitlement under this 
     section may modify or revoke at any time the transfer of any 
     unused portion of the entitlement so transferred.
       ``(B) The modification or revocation of the transfer of 
     entitlement under this paragraph shall be made by the 
     submittal of written notice of the action to both the 
     Secretary concerned and the Secretary of Veterans Affairs.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance as transferred under this section 
     may not commence the use of the transferred entitlement 
     until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of the years 
     of service in the Armed Forces applicable to the member under 
     subsection (b); or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     the years of service in the Armed Forces applicable to the 
     member under subsection; and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to educational assistance transferred under 
     this section shall be charged against the entitlement of the 
     member making the transfer at the rate of one month for each 
     month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     educational assistance under this chapter in the same manner 
     as the member from whom the entitlement was transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable to the member 
     making the transfer under section 16162 or 16162a of this 
     title, as applicable.
       ``(4) The death of a member transferring an entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(5) A child to whom entitlement is transferred under this 
     section may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(6) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall include the pursuit and completion of the 
     requirements of a secondary school diploma (or equivalency 
     certificate).
       ``(7) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(i) Overpayment.--In the event of an overpayment of 
     educational assistance with respect to a dependent to whom 
     entitlement is transferred under this section, the dependent 
     and the member making the transfer shall be jointly and 
     severally liable to the United States for the amount of the 
     overpayment for purposes of section 3685 of title 38.
       ``(j) Approvals of Transfer Subject to Availability of 
     Appropriations.--The Secretary concerned may approve 
     transfers of entitlement to educational assistance under this 
     section in a fiscal year only to the extent that 
     appropriations for military personnel are available in that 
     fiscal year for purposes of making deposits in the Department 
     of Defense Education Benefits Fund under section 2006 of this 
     title in that fiscal year to cover the present value of 
     future benefits payable from the Fund for the Department of 
     Defense portion of payments of educational assistance 
     attributable to increased usage of benefits as result of such 
     transfers of entitlement in that fiscal year.
       ``(k) Regulations.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 1607 of such title is amended by 
     inserting after the item relating to section 16162a the 
     following new item:

``16162b. Transfer of entitlement to educational assistance.''.
       (3) Funding under department of defense education benefits 
     fund.--Section 2006(b)(2)(D) of title 10, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``, including payments attributable to increased 
     usage of benefits as a result of transfers of entitlement to 
     educational assistance under sections 16131b and 16162b of 
     this title''.
       (c) Effective Date.--The amendments made by this subsection 
     shall take effect on October 1, 2009.

     SEC. 109. USE OF EDUCATIONAL ASSISTANCE TO REPAY FEDERAL 
                   STUDENT LOANS.

       (a) Use of Educational Assistance To Repay Federal Student 
     Loans.--
       (1) In general.--Subchapter II of chapter 30 of title 38, 
     United States Code, as amended by section 104(a) of this Act, 
     is further amended by inserting after section 3020A the 
     following new section:

     ``Sec. 3020B. Use of basic educational assistance benefits 
       for repayment of Federal student loans

       ``(a) In General.--An individual entitled to basic 
     educational assistance under this subchapter who is serving 
     on active duty in the Armed Forces may elect to apply

[[Page S4191]]

     amounts of basic educational assistance otherwise available 
     to the individual under this subchapter to repay all or a 
     portion of the outstanding principal and interest on any 
     Federal student loan owed by the individual for the 
     individual's pursuit of a course of education.
       ``(b) Designation of Loans and Amounts Payable.--An 
     individual electing under this section to apply amounts of 
     basic educational assistance to the payment of the 
     outstanding principal and interest on Federal student loans 
     shall designate (in such form and manner as the Secretary 
     shall prescribe for purposes of this section) the following:
       ``(1) Each Federal student loan of the individual for which 
     payment shall be made under this section.
       ``(2) For each Federal student loan designated under 
     paragraph (1), the monthly amount to be paid under this 
     section.
       ``(c) Limitation on Amount of Payments.--(1) The monthly 
     amount payable with respect to an individual under this 
     section may not exceed the monthly rate of basic educational 
     assistance to which the individual is otherwise entitled 
     under this subchapter at the time of payment of such monthly 
     amount.
       ``(2) The aggregate amount of basic educational assistance 
     payable with respect to an individual under this section for 
     any 12-month period may not exceed $6,000.
       ``(d) Frequency of Payments.--Payment of amounts of 
     principal and interest on Federal student loans of an 
     individual under this section shall be made on a monthly 
     basis.
       ``(e) Cessation of Payments.--Payments made under this 
     section with respect to an individual shall cease if the 
     individual ceases serving on active duty in the Armed Forces, 
     effective as of the first month that begins after the date on 
     which the individual ceases serving on active duty in the 
     Armed Forces.
       ``(f) Charge Against Entitlement.--The period of 
     entitlement to basic educational assistance under this 
     subchapter of an individual for whom payments are made under 
     this section shall be charged at the rate of one month for 
     each payment or aggregate of payments under this section that 
     are equivalent in amount to the monthly rate of basic 
     educational assistance to which the individual is otherwise 
     entitled under this subchapter.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as the Secretary considers appropriate for 
     purposes of the administration of this section.
       ``(h) Federal Student Loan Defined.--In this section, the 
     term `Federal student loan' means any loan made under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.).''.
       (2) Clerical amendment.--The table of sections of 
     subchapter II of chapter 30 of such title, as so amended, is 
     further amended by inserting after the item relating to 
     section 3020A the following new item:

``3020B. Use of basic educational assistance benefits for repayment of 
              Federal student loans.''.
       (b) Effective Date.--Section 3020B of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to educational assistance payable for months that 
     begin on or after the date that is one year after the date of 
     the enactment of this Act.

     SEC. 110. EDUCATIONAL ASSISTANCE FOR GRADUATES OF THE SERVICE 
                   ACADEMIES AND RESERVE OFFICERS' TRAINING CORPS 
                   PROGRAMS.

       (a) Active Duty Program.--
       (1) In general.--Subsection (a)(1) of section 3011 of title 
     38, United States Code, is amended--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(D) after September 30, 2009--
       ``(i) receives or has received a commission as an officer 
     in the Armed Forces--

       ``(I) upon graduation from the United States Military 
     Academy, the United States Naval Academy, the United States 
     Air Force Academy, or the Coast Guard Academy; or
       ``(II) upon completion of a Senior Reserve Officers' 
     Training Corps program under chapter 103 of title 10; and

       ``(ii) completes at least five years of continuous active 
     duty in the Armed Forces (excluding any period of obligated 
     service in connection with receipt of a commission as an 
     officer in the Armed Forces under clause (i) and excluding 
     any other period of obligated service in connection with 
     education, training, or instruction provided or funded, 
     whether in whole or in part, by the United States);''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (b), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (c)'';
       (B) in subsection (c)--
       (i) by striking ``(1)'' after ``(c)''; and
       (ii) by striking paragraphs (2) and (3); and
       (C) in subsection (e)(1), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (c)''.
       (b) Selected Reserve Program.--
       (1) In general.--Subsection (a)(1) of section 3012 of such 
     title is amended--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(D) after September 30, 2009--
       ``(i) receives or has received a commission as an officer 
     in the Armed Forces--

       ``(I) upon graduation from the United States Military 
     Academy, the United States Naval Academy, the United States 
     Air Force Academy, or the Coast Guard Academy; or
       ``(II) upon completion of a Senior Reserve Officers' 
     Training Corps program under chapter 103 of title 10; and

       ``(ii) completes at least five years of continuous active 
     duty in the Armed Forces (excluding any period of obligated 
     service in connection with receipt of a commission as an 
     officer in the Armed Forces under clause (i) and excluding 
     any other period of obligated service in connection with 
     education, training, or instruction provided or funded, 
     whether in whole or in part, by the United States);''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (c), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (d)'';
       (B) in subsection (d)--
       (i) by striking ``(1)'' after ``(d)''; and
       (ii) by striking paragraphs (2) and (3); and
       (C) in subsection (f)(1), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (d)''.
       (c) Amount of Basic Educational Assistance.--Section 
     3015(c) of such title is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Paragraph (1) of this subsection also applies to the 
     following:
       ``(A) An individual entitled to an educational assistance 
     allowance under section 3011 of this title by reason of 
     subsection (a)(1)(D) of such section.
       ``(B) An individual entitled to an educational assistance 
     allowance under section 3012 of this title by reason of 
     subsection (a)(1)(D) of such section.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2009.

     SEC. 111. OPPORTUNITY FOR CURRENT AND CERTAIN RETIRED VEAP-
                   ERA PERSONNEL TO ENROLL IN BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (a) Opportunity for Current and Certain Retired VEAP-Era 
     Personnel to Enroll.--
       (1) 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 current and certain retired 
       VEAP-era personnel to enroll

       ``(a) In General.--An individual described in subsection 
     (b) who makes an election described in paragraph (5) of such 
     subsection is entitled to basic educational assistance under 
     this chapter, subject to the provisions of subsection (d).
       ``(b) Covered Individuals.--An individual described in this 
     subsection is an individual who meets each of the following 
     requirements:
       ``(1) The individual 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, but before July 1, 
     1985.
       ``(2) The individual, as of the date of the individual's 
     election under paragraph (5)--
       ``(A) is serving on active duty without a break in service 
     (other than as described in section 3202(1)(C) of this title) 
     since the date the individual first became such a member or 
     first entered on active duty as such a member; or
       ``(B) is retired from the Armed Forces after serving at 
     least 20 years on active duty in the Armed Forces, which 
     service included service on active duty in the Armed Forces 
     on or after September 11, 2001, and elected not to 
     participate in the program of educational assistance under 
     chapter 32 of this title.
       ``(3) The individual, before applying for benefits under 
     this section, has completed the requirements of a secondary 
     school diploma (or equivalency certificate) or has 
     successfully completed the equivalent of 12 semester hours in 
     a program of education leading to a standard college degree, 
     but has not completed the requirements for nor been awarded a 
     bachelor's degree.
       ``(4) The individual--
       ``(A) in the case of an individual described by paragraph 
     (2)(A), is discharged with an honorable discharge or released 
     with service characterized as honorable by the Secretary 
     concerned; or
       ``(B) in the case of an individual described by paragraph 
     (2)(B), was discharged with an honorable discharge or 
     released with service characterized as honorable by the 
     Secretary concerned.
       ``(5) During the one-year period beginning on October 1, 
     2009, the individual makes an irrevocable election to receive 
     benefits under this section pursuant to procedures which the 
     Secretary of each military department shall provide in 
     accordance with regulations prescribed by the Secretary of 
     Defense for the purpose of carrying out this section or which 
     the Secretary of Transportation shall provide for such 
     purpose with respect to the Coast Guard when it is not 
     operating as a service in the Navy.
       ``(c) Reduction of Pay; Collection and Payment of 
     Amounts.--(1) In the case of an individual described by 
     subsection (b) who

[[Page S4192]]

     makes an election under this section to become entitled to 
     basic educational assistance under this chapter--
       ``(A) the basic pay or retired or retainer pay, as 
     applicable, of the individual shall be reduced (in a manner 
     determined by the Secretary concerned) until the total amount 
     by which such pay is reduced is $2,700; or
       ``(B) to the extent that the basic pay of the individual is 
     not so reduced before the individual's discharge or release 
     from active duty as described in subsection (d)(4)(A), the 
     Secretary concerned shall collect from the individual an 
     amount equal to the difference between $2,700 and the total 
     amount of reductions with respect to the individual under 
     subparagraph (A).
       ``(2) An individual covered by paragraph (1) may at any 
     time pay the Secretary concerned an amount equal to the 
     difference between the total of the reductions otherwise 
     required with respect to the individual under that paragraph 
     and the total amount of the reductions with respect to the 
     individual under that paragraph at the time of the payment.
       ``(3) Any amounts collected under paragraph (1)(B) or paid 
     under paragraph (2) shall be paid into the Treasury as 
     miscellaneous receipts.
       ``(4) The total amount of reductions in pay, or of 
     collections or payments, required with respect to an 
     individual under paragraph (1) shall be achieved not later 
     than 12 months after the date on which the individual makes 
     an election under subsection (b)(5).
       ``(5) No amount of educational assistance allowance under 
     this chapter shall be paid to an individual covered by 
     paragraph (1) until the date on which the total amount of 
     reductions in pay, or of collections or payments, required 
     with respect to the individual under paragraph (1) is 
     achieved.
       ``(d) Limitations on Basic Educational Assistance.--(1) The 
     basic educational assistance allowance payable under this 
     chapter to an individual entitled to such educational 
     assistance allowance under this section shall be payable at 
     the monthly rate of basic educational assistance payable 
     under section 3015(a)(1)(B) of this title.
       ``(2) Basic educational assistance under this section shall 
     be available only for pursuit of a non-degree vocational 
     training program, an associate degree, or a bachelor's 
     degree, but shall not be available for pursuit of a masters 
     degree or other advanced college degree.
       ``(3) An individual entitled under this section to basic 
     educational assistance under this chapter is entitled to the 
     educational stipend provided under section 3020A of this 
     title.
       ``(4)(A) Entitlement under this section to basic 
     educational assistance under this chapter is not 
     transferrable under the provisions of section 3020 of this 
     title.
       ``(B) An individual entitled under this section to basic 
     educational assistance under this chapter is not eligible for 
     the following:
       ``(i) The use of basic educational assistance benefits 
     under this chapter for the repayment of Federal student loans 
     under section 3020B of this title.
       ``(ii) Supplemental educational assistance authorized by 
     subchapter III of this chapter.
       ``(5)(A) Except as provided in subparagraph (B), the 
     provisions of section 3031 of this title shall apply to the 
     use of entitlement under this section to basic educational 
     assistance under this chapter.
       ``(B) In the case of an individual entitled under this 
     section to basic educational assistance under this chapter 
     who is described by subsection (b)(2)(B), the period during 
     which the individual may use such entitlement expires on 
     October 1, 2019.
       ``(e) Outreach.--The Secretary shall, in coordination with 
     the Secretary of Defense, provide for notice of the 
     opportunity under this section to elect to become entitled to 
     basic educational assistance under this chapter.''.
       (2) 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 current and certain retired VEAP-era personnel 
              to enroll.''.
       (b) Conforming Amendments.--Section 3017(b)(1) of such 
     title is amended--
       (1) in subparagraphs (A) and (C), by striking ``or 
     3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
       (2) in subparagraph (B), by striking ``or 3018C(e) of this 
     title'' after ``section 3018C(e), or 3018D(c) of this title 
     or paid by the individual under section 3018D(c) of this 
     title''.

     SEC. 112. COLLEGE PATRIOTS GRANT PROGRAM.

       (a) Program Authorized.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subchapter:

                ``SUBCHAPTER IV--COLLEGE PATRIOTS GRANTS

     ``Sec. 3699A. College Patriots Grant Program

       ``(a) Purpose.--It is the purpose of this section to 
     provide, through a partnership with the Department and 
     institutions of higher education, supplemental educational 
     grants to assist in making available the benefits of 
     postsecondary education to qualified veterans by meeting such 
     veterans' unmet financial need.
       ``(b) Establishment of Program.--The Secretary shall carry 
     out a supplemental educational grant program under which--
       ``(1) an institution of higher education participating in 
     the program voluntarily provides a covered individual 
     enrolled in the institution with the non-Federal share of a 
     percentage of the covered individual's unmet financial need 
     determined in accordance with subsection (e); and
       ``(2) the Secretary provides the Federal share of a 
     percentage of the covered individual's unmet financial need 
     determined in accordance with subsection (e).
       ``(c) Designation of Program.--The program under this 
     section shall be known as the `College Patriots Grant 
     Program'.
       ``(d) Institutional Eligibility Criteria.--Assistance may 
     be made available under this section only to an institution 
     of higher education that satisfies any criteria specified by 
     the Secretary. Such criteria shall include an agreement or 
     other appropriate assurance from the institution of higher 
     education that--
       ``(1) the non-Federal share of a covered individual's unmet 
     financial need awarded under this section shall be provided 
     from non-Federal resources, including--
       ``(A) institutional grants and scholarships;
       ``(B) tuition or fee waivers;
       ``(C) State scholarships; and
       ``(D) foundation or other charitable organization funds; 
     and
       ``(2) funds made available under this section shall be 
     provided to a covered individual for whom the institution of 
     higher education has made a determination that the covered 
     individual has an unmet financial need, which determination 
     shall be made before including Federal student loans under 
     title IV of the Higher Education Act of 1965 in the covered 
     individual's financial aid package.
       ``(e) Federal Share; Non-Federal Share.--
       ``(1) In general.--The Secretary shall not approve an 
     institution of higher education for participation in the 
     College Patriots Grant Program unless the institution of 
     higher education has provided, in the manner required by the 
     Secretary, the following:
       ``(A) An agreement or other assurance that the institution 
     of higher education will provide the non-Federal share in 
     accordance with this subsection.
       ``(B) Information on the specific methods by which the non-
     Federal share shall be paid.
       ``(C) An acknowledgment that the non-Federal share provided 
     under this subsection shall supplement and not supplant other 
     Federal and non-Federal funds.
       ``(2) Federal and non-federal shares.--Each institution of 
     higher education participating in the program under this 
     section shall select one of the three contribution percentage 
     tiers described in paragraph (3) for purposes of meeting a 
     percentage of the unmet financial needs of covered 
     individuals enrolled in the institution.
       ``(3) Percentage contribution tiers.--
       ``(A) 25 percent tier.--In the case of a covered individual 
     enrolled in the institution who has an unmet financial need 
     that is--
       ``(i) less than $8,000, the non-Federal share shall be 12.5 
     percent of the unmet financial need and the Federal share 
     shall be 12.5 percent of the unmet financial need, except 
     that the Federal share shall not exceed $1,000; and
       ``(ii) equal to or greater than $8,000, the Federal share 
     shall be $1,000 and the non-Federal share shall be 25 percent 
     of the covered individual's unmet financial need minus 
     $1,000.
       ``(B) 50 percent tier.--In the case of a covered individual 
     enrolled in the institution who has an unmet financial need 
     that is--
       ``(i) less than $8,000, the non-Federal share shall be 25 
     percent of the unmet financial need and the Federal share 
     shall be 25 percent of the unmet financial need, except that 
     the Federal share shall not exceed $2,000; and
       ``(ii) equal to or greater than $8,000, the Federal share 
     shall be $2,000 and the non-Federal share shall be 50 percent 
     of the covered individual's unmet financial need minus 
     $2,000.
       ``(C) 100 percent tier.--In the case of a covered 
     individual enrolled in the institution who has an unmet 
     financial need that is--
       ``(i) less than $6,000, the non-Federal share shall be 50 
     percent of the unmet financial need and the Federal share 
     shall be 50 percent of the unmet financial need, except that 
     the Federal share shall not exceed $3,000; and
       ``(ii) equal to or greater than $6,000, the Federal share 
     shall be $3,000 and the non-Federal share shall be 100 
     percent of the covered individual's unmet financial need 
     minus $3,000.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations necessary to implement and administer the College 
     Patriots Grant Program, including regulations establishing 
     the procedures for determining eligibility for the program, 
     applying for supplemental educational grants under the 
     program, and distributing the Federal share provided by the 
     Secretary under the program.
       ``(g) Outreach.--The Secretary of Veterans Affairs, in 
     coordination with the Secretary of Defense and the Secretary 
     of Education, shall--
       ``(1) make available to the public on the Internet website 
     of the Department--
       ``(A) a current list of institutions of higher education 
     participating in the College Patriots Grant Program; and
       ``(B) information on the extent of participation of each 
     institution of higher education participating in the College 
     Patriots Grant Program;
       ``(2) make available to the public on the Internet website 
     of the Department information about all Federal and State 
     education benefits that members of the regular components of 
     the Armed Forces, members of the

[[Page S4193]]

     reserve components of the Armed Forces, veterans, and their 
     dependents may be eligible to receive; and
       ``(3) make available to institutions of higher education 
     information about the College Patriots Grant Program and take 
     appropriate actions to encourage broad participation of 
     institutions of higher education in the program.
       ``(h) Awards for Institutional Recognition.--The Secretary 
     may establish and administer an awards program to recognize 
     the extent of an institution of higher education's 
     participation in the College Patriots Grant Program.
       ``(i) Definitions.--In this section:
       ``(1) Cost of attendance.--The term `cost of attendance' 
     has the meaning given the term in section 472 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ll).
       ``(2) Covered individual.--The term `covered individual' 
     means an individual who--
       ``(A) is enrolled in an institution of higher education 
     that is participating in the College Patriots Grant Program;
       ``(B) has such amount of remaining entitlement to 
     educational assistance under chapter 30 or 32 of this title, 
     or under chapter 1606 or 1607 of title 10, as the Secretary 
     may require for purposes of this section; and
       ``(C) after receipt of any of the educational assistance 
     described in subparagraph (B), has an unmet financial need to 
     attend the institution of higher education for which a 
     supplemental educational grant is sought.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       ``(4) Unmet financial need.--The term `unmet financial 
     need' means, with respect to a covered individual, the cost 
     of attendance for the covered individual to attend an 
     institution of higher education participating in the College 
     Patriots Grant Program, minus the sum of--
       ``(A) grant and work assistance received by the covered 
     individual under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.); and
       ``(B) any educational assistance payments received by the 
     covered individual through any programs administered by the 
     Department of Veterans Affairs or the Department of 
     Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by adding at 
     the end the following new items:

                ``subchapter iv--college patriots grants

``3699A. College Patriots Grant Program.''.

       (b) Effective Date.--The amendments made by this section 
     shall take effect one year after the date of the enactment of 
     this Act, and shall apply to terms, quarters, or semesters 
     beginning on or after that date.

     SEC. 113. TERMINATION OF CONTRIBUTIONS BY MEMBERS OF THE 
                   ARMED FORCES FOR PARTICIPATION IN THE 
                   MONTGOMERY GI BILL PROGRAM.

       (a) Active Duty Program.--Notwithstanding subsection (b) of 
     section 3011 of title 38, United States Code, no reduction in 
     basic pay otherwise required by such section shall be made in 
     the case of a member of the Armed Forces who first enters on 
     active duty on or after the date of the enactment of this Act 
     and elects to receive basic educational assistance under such 
     section.
       (b) Selected Reserve Program.--Notwithstanding subsection 
     (c) of section 3012 of such title, no reduction in basic pay 
     otherwise required by such section shall be made in the case 
     of a member of the Armed Forces who first becomes eligible 
     for basic educational assistance under such section on or 
     after the date of the enactment of this Act and elects to 
     receive basic educational assistance under such section.

     SEC. 114. MODIFICATION OF SERVICE REQUIREMENT FOR EDUCATIONAL 
                   ASSISTANCE FOR RESERVE COMPONENT MEMBERS 
                   SUPPORTING CONTINGENCY OPERATIONS AND OTHER 
                   OPERATIONS WITH EXTENDED SERVICE IN THE 
                   SELECTED RESERVE.

       (a) In General.--Section 16162(c)(4) of title 10, United 
     States Code, is amended by striking subparagraphs (A) through 
     (C) and inserting the following new subparagraphs:
       ``(A) 40 percent in the case of a member of a reserve 
     component who performed active service for--
       ``(i) 90 consecutive days but less than one continuous 
     year; or
       ``(ii) an aggregate of one year but less than two years, 
     none of which was continuous service of one year or more;
       ``(B) 60 percent in the case of a member of a reserve 
     component who performed active service for--
       ``(i) one continuous year but less than two continuous 
     years; or
       ``(ii) an aggregate of two years but less than three years, 
     none of which was continuous service of two years or more; or
       ``(C) 80 percent in the case of a member of a reserve 
     component who performed active service for--
       ``(i) two continuous years or more; or
       ``(ii) an aggregate of three years or more.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.

     SEC. 115. MODIFICATION OF FORMULA FOR DETERMINATION OF ANNUAL 
                   COST ADJUSTMENT IN RATES OF EDUCATIONAL 
                   ASSISTANCE.

       (a) Active Duty Program.--Section 3015(h) of title 38, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``With respect to any fiscal year'' and 
     inserting ``Subject to paragraphs (2) and (3), with respect 
     to any fiscal year''; and
       (B) by striking ``the percentage by which--'' and all that 
     follows through the end of the paragraph and inserting ``the 
     percentage increase in the average cost of tuition, fees, 
     room, and board at public four-year institutions of higher 
     education (as determined by the Secretary in consultation 
     with the Secretary of Education and Secretary of Defense) 
     over the one-year period ending on the June 30 preceding the 
     beginning of the fiscal year for which the increase is 
     made.'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) With respect to any fiscal year, in no event shall 
     the increase in rates under paragraph (1) be less than a 
     percentage increase equal to the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) such Consumer Price Index for the 12-month period 
     preceding that 12-month period.''.
       (b) Selected Reserve Program.--Section 16131(b)(2) of title 
     10, United States Code, is amended--
       (1) by striking ``With respect to any fiscal year'' and 
     inserting ``(A) Subject to subparagraph (B), with respect to 
     any fiscal year'';
       (2) by striking ``the percentage by which--'' and all that 
     follows and inserting ``the percentage increase in the 
     average cost of tuition, fees, room, and board at public 
     four-year institutions of higher education (as determined by 
     the Secretary of Veterans Affairs in consultation with the 
     Secretary of Education and Secretary of Defense) over the 
     one-year period ending on the June 30 preceding the beginning 
     of the fiscal year for which the increase is made.''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) With respect to any fiscal year, in no event shall 
     the increase in rates under subparagraph (A) be less than a 
     percentage increase equal to the percentage by which--
       ``(i) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(ii) such Consumer Price Index for the 12-month period 
     preceding that 12-month period.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2009, and shall apply with 
     respect to fiscal years that begin on or after that date.
                                 ______
                                 
  SA 4764. Mr. McCONNELL proposed an amendment to amendment SA 4763 
proposed by Mr. Graham (for himself, Mr. Burr, and Mr. McCain) to the 
bill H.R. 980, to provide collective bargaining rights for public 
safety officers by States or their political subdivisions; as follows:

       Strike in the amendment the word TITLE and add the 
     following:
 I--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES AND VETERANS

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Enhancement of 
     Recruitment, Retention, and Readjustment Through Education 
     Act of 2008''.

     SEC. 102. FINDINGS.

       Congress makes the following findings:
       (1) The World War II-era GI Bill assisted almost 8,000,000 
     members of the Armed Forces in readjusting to civilian life 
     after completing their service to the nation. With the 
     support and assistance of America's colleges and 
     universities, the GI Bill provided incentives that 
     transformed American society, making a college degree a 
     realizable goal for millions of Americans.
       (2) In the years following World War II, the GI Bill 
     continued to provide educational benefits for members of the 
     Armed Forces who had been drafted into or volunteered for 
     service.
       (3) The establishment of the All Volunteer Force in 1973, 
     and its development since its inception, has produced highly 
     professional Armed Forces that are recognized as the most 
     effective fighting force the world has ever seen.
       (4) The Sonny Montgomery GI Bill was enacted in 1984 to 
     sustain the All Volunteer Force by providing educational 
     benefits to aid in the recruitment and retention of highly 
     qualified personnel for the Armed Forces and to assist 
     veterans in readjusting to civilian life. Today, it remains a 
     cornerstone of military recruiting and retention planning for 
     the Armed Forces and continues to fulfill its original 
     purposes.
       (5) The All Volunteer Force depends for its effectiveness 
     and vitality on successful recruiting of highly capable men 
     and women, and retention for careers of soldiers, sailors, 
     airmen, and marines, in both the active and reserve 
     components of the Armed Forces, who, with the support of 
     their families and loved ones, develop into professional, 
     dedicated, and experienced officers, noncommissioned 
     officers, and petty officers.
       (6) The achievement of educational goals, including 
     obtaining the means to a college

[[Page S4194]]

     degree, has traditionally been a key reason for volunteering 
     for service in the Armed Forces. For members who serve a 
     career in the Armed Forces, this goal extends to their 
     spouses and children and has resulted in requests for the 
     option to transfer educational benefits under the GI Bill to 
     spouses and children.
       (7) As in the aftermath of World War II, colleges and 
     universities throughout the United States should demonstrate 
     their and the Nation's appreciation to veterans by dedicated 
     programs providing financial aid.
       (8) It is in that national interest for the United States--
       (A) to express the gratitude of the American people by 
     assisting those who have honorably served in the Armed Forces 
     and returned to civilian life to achieve their educational 
     goals;
       (B) to provide significant educational benefits to provide 
     incentives for successful recruiting;
       (C) to motivate continued service in the All Volunteer 
     Force by those members with the potential for military 
     careers and their spouses and children; and
       (D) to assist those who serve and their families in 
     achieving their personal goals, including higher education, 
     while progressing in a military career.

     SEC. 103. PLAN ON COORDINATION OF CURRENT EDUCATIONAL 
                   ASSISTANCE PROGRAMS AND DEVELOPMENT OF 
                   ADDITIONAL EDUCATIONAL ASSISTANCE PROGRAMS TO 
                   ENABLE CAREER-ORIENTED MEMBERS OF THE ARMED 
                   FORCES TO ATTAIN A BACHELOR'S DEGREE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the outstanding men and women who volunteer for service 
     in the Armed Forces and demonstrate through their service the 
     ability, motivation, and commitment to serve as career 
     commissioned officers, noncommissioned officers, petty 
     officers, and warrant officers should be given the 
     opportunities and resources needed to obtain a bachelor's 
     degree before they complete active duty and retire from the 
     Armed Forces; and
       (2) every effort should be made by the leaders of the Army, 
     Navy, Marine Corps, Air Force, and Coast Guard to demonstrate 
     to members of the Armed Forces who are willing to serve and 
     study that the dual goals of attaining a bachelor's degree 
     and a distinguished military career are achievable and not 
     mutually exclusive.
       (b) Plan To Coordinate and Develop Educational Assistance 
     Programs.--
       (1) Plan required.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, develop 
     a plan to make the attainment of a bachelor's degree an 
     achievable goal for members of the Armed Forces who are 
     motivated towards careers in the Armed Forces and who are 
     able and willing to accept the challenges of military duty 
     and pursuit of college level studies.
       (2) Advice of the service chiefs.--The Secretary of Defense 
     shall develop the plan required by paragraph (1) with the 
     advice of the Chief of Staff of the Army, the Chief of Naval 
     Operations, the Chief of Staff of the Air Force, and the 
     Commandant of the Marine Corps.
       (3) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) Appropriate elements of current programs to assist 
     members of the Armed Forces in obtaining college-level 
     education, including tuition assistance programs, distance 
     learning programs, and technical training and education 
     provided by the military departments, including programs 
     currently administered by the Secretary of Veterans Affairs.
       (B) Appropriate elements of current programs to provide 
     members of the Armed Forces with assistance in obtaining 
     college-level credit for the technical training and 
     experience they undergo during their military career.
       (C) One or more additional education programs to assist 
     members of the Armed Forces in obtaining a college-level 
     education, including mechanisms for the provision by the 
     military departments of guidance, mentoring, and resources to 
     assist members in achieving their professional military and 
     personal educational goals.
       (D) Such additional programs or mechanisms, such as 
     sabbaticals from the Armed Forces or college-level education 
     provided or funded by the military departments, as the 
     Secretary of Defense considers appropriate to assist members 
     of the Armed Forces in making adequate progress towards a 
     bachelor's degree from an accredited institution of higher 
     education while continuing a successful military career.
       (E) Such mechanisms for the application of the elements of 
     the plan to members of the National Guard and Reserves as the 
     Secretary of Defense considers appropriate to ensure that 
     such members receive appropriate assistance in achieving 
     their professional military and personal educational goals.
       (F) Such elements of current programs of the military 
     departments for in-service education of members of the Armed 
     Forces as the Secretary of Defense considers appropriate to 
     maintain and enhance the recruitment and retention by the 
     Armed Forces of highly trained and experienced military 
     leaders.
       (4) Submittal to congress.--The Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth the plan 
     required by paragraph (1) not later than August 1, 2009.

     SEC. 104. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE 
                   UNDER THE MONTGOMERY GI BILL.

       (a) Increase in General Rates and Augmented Rates for 
     Extended Service.--
       (1) Rates based on three years of obligated service.--
     Subsection (a)(1) of section 3015 of title 38, United States 
     Code, is amended by striking ``on a full-time basis, at the 
     monthly rate of'' and all that follows and inserting ``on a 
     full-time basis--
       ``(A) in the case of an individual who served on active 
     duty in the Armed Forces for 12 or more years, at the monthly 
     rate of--
       ``(i) for months occurring during fiscal year 2009, $1,650;
       ``(ii) for months occurring during fiscal year 2010, 
     $1,800;
       ``(iii) for months occurring during fiscal year 2011, 
     $2,000; and
       ``(iv) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the preceding 
     fiscal year increased under subsection (h); and
       ``(B) in the case of an individual who served on active 
     duty in the Armed Forces for less than 12 years, at the 
     monthly rate of--
       ``(i) for months occurring during fiscal year 2009, $1,500; 
     and
       ``(ii) for months occurring during a subsequent fiscal 
     year, the amount for months occurring during the preceding 
     fiscal year increased under subsection (h); or''.
       (2) Rates based on two years of obligated service.--
     Subsection (b)(1) of such section is amended--
       (A) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph (A):
       ``(A) for months occurring during fiscal year 2009, $950; 
     and''; and
       (B) by redesignating subparagraph (D) as subparagraph (B).
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to basic educational assistance payable for months 
     beginning on or after that date.
       (2) Limitation on cost-of-living adjustments.--
       (A) Certain rates based on three years of obligated 
     service.--No adjustment under subsection (h) of section 3015 
     of title 38, United States Code, shall be made in the rates 
     of educational assistance payable under subsection (a)(1)(A) 
     of such section (as amended by subsection (a)(1) of this 
     section) for any of fiscal years 2009 through 2011.
       (B) Other rates.--No adjustment under subsection (h) of 
     section 3015 of title 38, United States Code, shall be made 
     in the rates of educational assistance payable under 
     subsection (a)(1)(B) of such section (as so amended), or 
     subsection (b) of such section, for fiscal year 2009.

     SEC. 105. ANNUAL STIPEND FOR RECIPIENTS OF BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (a) Entitlement to Stipend.--
       (1) In general.--Subchapter II of chapter 30 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3020A. Educational stipend

       ``(a) Entitlement.--Each individual receiving basic 
     educational assistance under this subchapter who is pursuing 
     a program of education at an institution of higher learning 
     (as such term is defined in section 3452(f) of this title) is 
     entitled to an educational stipend under this section.
       ``(b) Amount of Stipend.--The educational stipend payable 
     under this section to an individual entitled to such a 
     stipend shall be paid--
       ``(1) in the case of an individual pursuing an approved 
     program of education on at least a half-time basis, at the 
     annual rate of $1,000; and
       ``(2) in the case of an individual pursuing an approved 
     program of education on less than a half-time basis, at the 
     annual rate of $500.
       ``(c) Payment Frequency and Method.--The educational 
     stipend payable under this subsection shall be paid with such 
     frequency (including by lump sum), and by such mechanisms, as 
     the Secretary shall prescribe for purposes of this 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 30 of such title is amended by adding at 
     the end of the items relating to subchapter II the following 
     new item:

``3020A. Educational stipend.''.

       (b) Effective Date.--Section 3020A of title 38, United 
     States Code, as added by subsection (a), shall take effect on 
     the date that is one year after the enactment of this Act.

     SEC. 106. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR 
                   MEMBERS OF THE SELECTED RESERVE.

       (a) Increase in Rates.--Section 16131(b)(1) of title 10, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``$251'' and inserting 
     ``$634'';
       (2) in subparagraph (B), by striking ``$188'' and inserting 
     ``$474''; and
       (3) in subparagraph (C), by striking ``$125'' and inserting 
     ``$314''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.

[[Page S4195]]

       (2) No cost-of-living adjustment.--No adjustment under 
     paragraph (2) of section 16131(b) of title 10, United States 
     Code, shall be made in the rates of educational assistance 
     payable under paragraph (1) of such section for fiscal year 
     2009.

     SEC. 107. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR 
                   RESERVE COMPONENT MEMBERS SUPPORTING 
                   CONTINGENCY OPERATIONS AND OTHER OPERATIONS 
                   WITH EXTENDED SERVICE IN THE SELECTED RESERVE.

       (a) Increase in Rates for Extended Service.--Paragraph (2) 
     of section 16162(c) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) The educational assistance allowance provided under 
     this chapter shall be the amount as follows (as adjusted 
     under paragraphs (3) and (4)):
       ``(A) In the case of a member who serves an aggregate of 12 
     years or more in the Selected Reserve of the Ready Reserve, 
     the amount provided under section 3015(a)(1)(A) of title 38 
     for the fiscal year concerned, except that if a member 
     otherwise covered by this subparagraph ceases serving in the 
     Selected Reserve the amount shall be the amount provided 
     under subparagraph (B) of this paragraph.
       ``(B) In the case of any other member, the amount provided 
     under section 3015(a)(1)(B) of title 38 for the fiscal year 
     concerned.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.

     SEC. 108. ENHANCEMENT OF TRANSFERABILITY OF ENTITLEMENT TO 
                   EDUCATIONAL ASSISTANCE.

       (a) Modification of Authority To Transfer Entitlement Under 
     Montgomery GI Bill.--
       (1) In general.--Subsection (a) of section 3020 of title 
     38, United States Code, is amended to read as follows:
       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary of Defense shall authorize each 
     Secretary concerned to permit an individual described in 
     subsection (b) who is entitled to basic educational 
     assistance under this subchapter to elect to transfer to one 
     or more of the dependents specified in subsection (c) the 
     unused portion of such individual's entitlement to such 
     assistance, subject to the limitation under subsection 
     (d).''.
       (2) Eligible individuals.--Subsection (b) of such section 
     is amended to read as follows:
       ``(b) Eligible Individuals.--An individual referred to in 
     subsection (a) is any member of the Armed Forces serving on 
     active duty or as a member of the Selected Reserve who, at 
     the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement to basic educational 
     assistance under this section--
       ``(1) has completed six years of service in the Armed 
     Forces; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.''.
       (3) Limitations on months of transfer.--Subsection (d) of 
     such section is amended to read as follows:
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraphs (2) and (3), an individual may 
     transfer under this section any number of months of unused 
     entitlement of the individual to basic educational assistance 
     under this chapter.
       ``(2) In the case of an individual who has completed at 
     least six but less than 12 years of service in the Armed 
     Forces at the time of the approval by the Secretary concerned 
     of the individual's request to transfer entitlement under 
     this section, the number of months that may be transferred by 
     the individual under this section may not exceed the lesser 
     of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.''.
       (4) Timing, revocation, and modification of transfer.--
     Subsection (f) of such section is amended--
       (A) in paragraph (1), by striking ``without regard'' and 
     all that follows and inserting ``while the individual is a 
     member of the Armed Forces.''; and
       (B) in paragraph (2)(A), by inserting ``while the 
     individual is serving as a member of the Armed Forces or in 
     the Selected Reserve'' after ``at any time''.
       (5) Exclusion from marital property.--Subsection (f) of 
     such section is further amended by adding at the end the 
     following new paragraph:
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.''.
       (6) Overpayment.--Subsection (i) of such section is 
     amended--
       (A) by striking ``(1)'' before ``In the event''; and
       (B) by striking paragraphs (2) and (3).
       (7) Regulations.--Subsection (k) of such section is amended 
     to read as follows:
       ``(k) Regulations.--The Secretary of Defense shall, in 
     coordination with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (8) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 3020. Transfer of entitlement to basic educational 
       assistance''.

       (9) Clerical amendment.--The table of sections at the 
     beginning of chapter 30 of such title is amended by striking 
     the item relating to section 3020 and inserting the 
     following:

``3020. Transfer of entitlement to basic educational assistance.''.

       (b) Authority for Transfer of Entitlement Under Reserve 
     Components Educational Assistance Programs.--
       (1) Selected reserve program.--
       (A) In general.--Chapter 1606 of title 10, United States 
     Code, is amended by inserting after section 16131a the 
     following new section:

     ``Sec. 16131b. Transfer of entitlement to educational 
       assistance

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary concerned may permit a member of the 
     Armed Forces described in subsection (b) who is entitled to 
     educational assistance under this chapter to elect to 
     transfer to one or more of the dependents specified in 
     subsection (c) a portion of such member's entitlement to such 
     assistance, subject to the limitations under subsection (d).
       ``(b) Eligible Members.--A member described in this 
     subsection is a member of the Selected Reserve of the Ready 
     Reserve who, at the time of the approval of the member's 
     request to transfer entitlement to educational assistance 
     under this section--
       ``(1) has completed at least six years of service in the 
     Selected Reserve; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to educational assistance under this section 
     may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraph (2), a member may transfer under this 
     section any number of months of unused entitlement of the 
     member to educational assistance under this chapter.
       ``(2) In the case of a member who has completed at least 
     six but less than 12 years of service in the Selected Reserve 
     at the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement under this section, 
     the number of months that may be transferred by the member 
     under this section may not exceed the lesser of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to educational assistance under this section 
     shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16133 of this title, a member approved to transfer 
     entitlement to educational assistance under this section may 
     transfer such entitlement at any time after the approval of 
     the member's request to transfer such entitlement.
       ``(2)(A) A member transferring entitlement under this 
     section may modify or revoke at any time the transfer of any 
     unused portion of the entitlement so transferred.
       ``(B) The modification or revocation of the transfer of 
     entitlement under this paragraph shall be made by the 
     submittal of written notice of the action to both the 
     Secretary concerned and the Secretary of Veterans Affairs.
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance is transferred under this section 
     may not commence the use of the transferred entitlement 
     until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of six years 
     of service in the Selected Reserve; or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     six years of service in the Selected Reserve; and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or

[[Page S4196]]

       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to educational assistance transferred under 
     this section shall be charged against the entitlement of the 
     member making the transfer at the rate of one month for each 
     month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     educational assistance under this chapter in the same manner 
     as the member from whom the entitlement was transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable to the member 
     making the transfer under section 16131 or 16132a of this 
     title, as applicable.
       ``(4)(A) The death of a member transferring entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(B) The involuntary separation or retirement of a member 
     transferring entitlement under this section because of a 
     nondiscretionary provision of law for age or for years of 
     service, as described in section 16133(b) of this title, or 
     medical disqualification which is not the result of gross 
     negligence or misconduct of the member shall not affect the 
     use of entitlement by the dependent to whom the entitlement 
     is transferred.
       ``(5) A child to whom entitlement is transferred under this 
     section may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(6) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall include the pursuit and completion of the 
     requirements of a secondary school diploma (or equivalency 
     certificate).
       ``(7) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(i) Overpayment.--(1) In the event of an overpayment of 
     educational assistance with respect to a dependent to whom 
     entitlement is transferred under this section, the dependent 
     and the member making the transfer shall be jointly and 
     severally liable to the United States for the amount of the 
     overpayment for purposes of section 3685 of title 38.
       ``(2)(A) Except as provided in subparagraph (B), in the 
     case of a member transferring entitlement under this section 
     whose eligibility is terminated under section 16134(2) of 
     this title, the amount of any transferred entitlement under 
     this section that is used by a dependent of the member as of 
     the date of the failure of the member to participate 
     satisfactorily in training as specified in section 16134(2) 
     of this title shall be treated as an overpayment of 
     educational assistance under paragraph (1).
       ``(B) Subparagraph (A) shall not apply in the case of a 
     member who fails to complete service agreed to by the 
     member--
       ``(i) by reason of the death of the member; or
       ``(ii) for a reason referred to in section 16133(b) of this 
     title.
       ``(j) Approvals of Transfer Subject to Availability of 
     Appropriations.--The Secretary concerned may approve 
     transfers of entitlement to educational assistance under this 
     section in a fiscal year only to the extent that 
     appropriations for military personnel are available in that 
     fiscal year for purposes of making deposits in the Department 
     of Defense Education Benefits Fund under section 2006 of this 
     title in that fiscal year to cover the present value of 
     future benefits payable from the Fund for the Department of 
     Defense portion of payments of educational assistance 
     attributable to increased usage of benefits as a result of 
     such transfers of entitlement in that fiscal year.
       ``(k) Regulations.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 1606 of such title is amended by 
     inserting after the item relating to section 16131a the 
     following new item:

``16131b. Transfer of entitlement to educational assistance.''.

       (2) Program for reserve components supporting contingency 
     and other operations.--
       (A) In general.--Chapter 1607 of title 10, United States 
     Code, is amended by inserting after section 16162a the 
     following new section:

     ``Sec. 16162b. Transfer of entitlement to educational 
       assistance

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary concerned may permit a member of the 
     Armed Forces described in subsection (b) who is entitled to 
     educational assistance under this chapter to elect to 
     transfer to one or more of the dependents specified in 
     subsection (c) a portion of such member's entitlement to such 
     assistance, subject to the limitations under subsection (d).
       ``(b) Eligible Members.--A member referred to in subsection 
     (a) is a member of the Armed Forces who, at the time of the 
     approval of the member's request to transfer entitlement to 
     educational assistance under this section--
       ``(1) has completed at least six years of service in the 
     Armed Forces; and
       ``(2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section.
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to educational assistance under this section 
     may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Number of Months Transferrable.--(1) Except as 
     provided in paragraph (2), a member may transfer under this 
     section any number of months of unused entitlement of the 
     member to educational assistance under this chapter.
       ``(2) In the case of a member who has completed at least 
     six but less than 12 years of service in the Armed Forces at 
     the time of the approval by the Secretary concerned of the 
     member's request to transfer entitlement under this section, 
     the number of months that may be transferred by the member 
     under this section may not exceed the lesser of--
       ``(A) the number of months transferrable by the individual 
     under paragraph (1); or
       ``(B) 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to educational assistance under this section 
     shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16164 of this title, a member approved to transfer 
     entitlement to educational assistance under this section may 
     transfer such entitlement only while serving as a member of 
     the Armed Forces when the transfer is executed.
       ``(2)(A) A member transferring entitlement under this 
     section may modify or revoke at any time the transfer of any 
     unused portion of the entitlement so transferred.
       ``(B) The modification or revocation of the transfer of 
     entitlement under this paragraph shall be made by the 
     submittal of written notice of the action to both the 
     Secretary concerned and the Secretary of Veterans Affairs.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance as transferred under this section 
     may not commence the use of the transferred entitlement 
     until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of the years 
     of service in the Armed Forces applicable to the member under 
     subsection (b); or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     the years of service in the Armed Forces applicable to the 
     member under subsection; and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to educational assistance transferred under 
     this section shall be charged against the entitlement of the 
     member making the transfer at the rate of one month for each 
     month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     educational assistance under this chapter in the same manner 
     as the member from whom the entitlement was transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable to the member 
     making the transfer under section 16162 or 16162a of this 
     title, as applicable.
       ``(4) The death of a member transferring an entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(5) A child to whom entitlement is transferred under this 
     section may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(6) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall

[[Page S4197]]

     include the pursuit and completion of the requirements of a 
     secondary school diploma (or equivalency certificate).
       ``(7) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(i) Overpayment.--In the event of an overpayment of 
     educational assistance with respect to a dependent to whom 
     entitlement is transferred under this section, the dependent 
     and the member making the transfer shall be jointly and 
     severally liable to the United States for the amount of the 
     overpayment for purposes of section 3685 of title 38.
       ``(j) Approvals of Transfer Subject to Availability of 
     Appropriations.--The Secretary concerned may approve 
     transfers of entitlement to educational assistance under this 
     section in a fiscal year only to the extent that 
     appropriations for military personnel are available in that 
     fiscal year for purposes of making deposits in the Department 
     of Defense Education Benefits Fund under section 2006 of this 
     title in that fiscal year to cover the present value of 
     future benefits payable from the Fund for the Department of 
     Defense portion of payments of educational assistance 
     attributable to increased usage of benefits as result of such 
     transfers of entitlement in that fiscal year.
       ``(k) Regulations.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify the following:
       ``(1) The circumstances under which the Secretaries 
     concerned may permit and approve transfers of entitlement 
     under this section.
       ``(2) Such requirements for eligibility for transfer of 
     entitlement under this section as the Secretary of Defense 
     considers appropriate for purposes of subsection (b)(2).
       ``(3) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 1607 of such title is amended by 
     inserting after the item relating to section 16162a the 
     following new item:

``16162b. Transfer of entitlement to educational assistance.''.

       (3) Funding under department of defense education benefits 
     fund.--Section 2006(b)(2)(D) of title 10, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``, including payments attributable to increased 
     usage of benefits as a result of transfers of entitlement to 
     educational assistance under sections 16131b and 16162b of 
     this title''.
       (c) Effective Date.--The amendments made by this subsection 
     shall take effect on October 1, 2009.

     SEC. 109. USE OF EDUCATIONAL ASSISTANCE TO REPAY FEDERAL 
                   STUDENT LOANS.

       (a) Use of Educational Assistance To Repay Federal Student 
     Loans.--
       (1) In general.--Subchapter II of chapter 30 of title 38, 
     United States Code, as amended by section 104(a) of this Act, 
     is further amended by inserting after section 3020A the 
     following new section:

     ``Sec. 3020B. Use of basic educational assistance benefits 
       for repayment of Federal student loans

       ``(a) In General.--An individual entitled to basic 
     educational assistance under this subchapter who is serving 
     on active duty in the Armed Forces may elect to apply amounts 
     of basic educational assistance otherwise available to the 
     individual under this subchapter to repay all or a portion of 
     the outstanding principal and interest on any Federal student 
     loan owed by the individual for the individual's pursuit of a 
     course of education.
       ``(b) Designation of Loans and Amounts Payable.--An 
     individual electing under this section to apply amounts of 
     basic educational assistance to the payment of the 
     outstanding principal and interest on Federal student loans 
     shall designate (in such form and manner as the Secretary 
     shall prescribe for purposes of this section) the following:
       ``(1) Each Federal student loan of the individual for which 
     payment shall be made under this section.
       ``(2) For each Federal student loan designated under 
     paragraph (1), the monthly amount to be paid under this 
     section.
       ``(c) Limitation on Amount of Payments.--(1) The monthly 
     amount payable with respect to an individual under this 
     section may not exceed the monthly rate of basic educational 
     assistance to which the individual is otherwise entitled 
     under this subchapter at the time of payment of such monthly 
     amount.
       ``(2) The aggregate amount of basic educational assistance 
     payable with respect to an individual under this section for 
     any 12-month period may not exceed $6,000.
       ``(d) Frequency of Payments.--Payment of amounts of 
     principal and interest on Federal student loans of an 
     individual under this section shall be made on a monthly 
     basis.
       ``(e) Cessation of Payments.--Payments made under this 
     section with respect to an individual shall cease if the 
     individual ceases serving on active duty in the Armed Forces, 
     effective as of the first month that begins after the date on 
     which the individual ceases serving on active duty in the 
     Armed Forces.
       ``(f) Charge Against Entitlement.--The period of 
     entitlement to basic educational assistance under this 
     subchapter of an individual for whom payments are made under 
     this section shall be charged at the rate of one month for 
     each payment or aggregate of payments under this section that 
     are equivalent in amount to the monthly rate of basic 
     educational assistance to which the individual is otherwise 
     entitled under this subchapter.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as the Secretary considers appropriate for 
     purposes of the administration of this section.
       ``(h) Federal Student Loan Defined.--In this section, the 
     term `Federal student loan' means any loan made under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.).''.
       (2) Clerical amendment.--The table of sections of 
     subchapter II of chapter 30 of such title, as so amended, is 
     further amended by inserting after the item relating to 
     section 3020A the following new item:

       ``3020B. Use of basic educational assistance benefits for 
           repayment of Federal student loans.''.

       (b) Effective Date.--Section 3020B of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to educational assistance payable for months that 
     begin on or after the date that is one year after the date of 
     the enactment of this Act.

     SEC. 110. EDUCATIONAL ASSISTANCE FOR GRADUATES OF THE SERVICE 
                   ACADEMIES AND RESERVE OFFICERS' TRAINING CORPS 
                   PROGRAMS.

       (a) Active Duty Program.--
       (1) In general.--Subsection (a)(1) of section 3011 of title 
     38, United States Code, is amended--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(D) after September 30, 2009--
       ``(i) receives or has received a commission as an officer 
     in the Armed Forces--

       ``(I) upon graduation from the United States Military 
     Academy, the United States Naval Academy, the United States 
     Air Force Academy, or the Coast Guard Academy; or
       ``(II) upon completion of a Senior Reserve Officers' 
     Training Corps program under chapter 103 of title 10; and

       ``(ii) completes at least five years of continuous active 
     duty in the Armed Forces (excluding any period of obligated 
     service in connection with receipt of a commission as an 
     officer in the Armed Forces under clause (i) and excluding 
     any other period of obligated service in connection with 
     education, training, or instruction provided or funded, 
     whether in whole or in part, by the United States);''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (b), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (c)'';
       (B) in subsection (c)--
       (i) by striking ``(1)'' after ``(c)''; and
       (ii) by striking paragraphs (2) and (3); and
       (C) in subsection (e)(1), by striking ``subsection (c)(1)'' 
     and inserting ``subsection (c)''.
       (b) Selected Reserve Program.--
       (1) In general.--Subsection (a)(1) of section 3012 of such 
     title is amended--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by adding ``or'' at the end; and
       (C) by adding at the end the following new subparagraph:
       ``(D) after September 30, 2009--
       ``(i) receives or has received a commission as an officer 
     in the Armed Forces--

       ``(I) upon graduation from the United States Military 
     Academy, the United States Naval Academy, the United States 
     Air Force Academy, or the Coast Guard Academy; or
       ``(II) upon completion of a Senior Reserve Officers' 
     Training Corps program under chapter 103 of title 10; and

       ``(ii) completes at least five years of continuous active 
     duty in the Armed Forces (excluding any period of obligated 
     service in connection with receipt of a commission as an 
     officer in the Armed Forces under clause (i) and excluding 
     any other period of obligated service in connection with 
     education, training, or instruction provided or funded, 
     whether in whole or in part, by the United States);''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in subsection (c), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (d)'';
       (B) in subsection (d)--
       (i) by striking ``(1)'' after ``(d)''; and
       (ii) by striking paragraphs (2) and (3); and
       (C) in subsection (f)(1), by striking ``subsection (d)(1)'' 
     and inserting ``subsection (d)''.
       (c) Amount of Basic Educational Assistance.--Section 
     3015(c) of such title is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Paragraph (1) of this subsection also applies to the 
     following:
       ``(A) An individual entitled to an educational assistance 
     allowance under section 3011 of this title by reason of 
     subsection (a)(1)(D) of such section.

[[Page S4198]]

       ``(B) An individual entitled to an educational assistance 
     allowance under section 3012 of this title by reason of 
     subsection (a)(1)(D) of such section.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2009.

     SEC. 111. OPPORTUNITY FOR CURRENT AND CERTAIN RETIRED VEAP-
                   ERA PERSONNEL TO ENROLL IN BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (a) Opportunity for Current and Certain Retired VEAP-Era 
     Personnel to Enroll.--
       (1) 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 current and certain retired 
       VEAP-era personnel to enroll

       ``(a) In General.--An individual described in subsection 
     (b) who makes an election described in paragraph (5) of such 
     subsection is entitled to basic educational assistance under 
     this chapter, subject to the provisions of subsection (d).
       ``(b) Covered Individuals.--An individual described in this 
     subsection is an individual who meets each of the following 
     requirements:
       ``(1) The individual 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, but before July 1, 
     1985.
       ``(2) The individual, as of the date of the individual's 
     election under paragraph (5)--
       ``(A) is serving on active duty without a break in service 
     (other than as described in section 3202(1)(C) of this title) 
     since the date the individual first became such a member or 
     first entered on active duty as such a member; or
       ``(B) is retired from the Armed Forces after serving at 
     least 20 years on active duty in the Armed Forces, which 
     service included service on active duty in the Armed Forces 
     on or after September 11, 2001, and elected not to 
     participate in the program of educational assistance under 
     chapter 32 of this title.
       ``(3) The individual, before applying for benefits under 
     this section, has completed the requirements of a secondary 
     school diploma (or equivalency certificate) or has 
     successfully completed the equivalent of 12 semester hours in 
     a program of education leading to a standard college degree, 
     but has not completed the requirements for nor been awarded a 
     bachelor's degree.
       ``(4) The individual--
       ``(A) in the case of an individual described by paragraph 
     (2)(A), is discharged with an honorable discharge or released 
     with service characterized as honorable by the Secretary 
     concerned; or
       ``(B) in the case of an individual described by paragraph 
     (2)(B), was discharged with an honorable discharge or 
     released with service characterized as honorable by the 
     Secretary concerned.
       ``(5) During the one-year period beginning on October 1, 
     2009, the individual makes an irrevocable election to receive 
     benefits under this section pursuant to procedures which the 
     Secretary of each military department shall provide in 
     accordance with regulations prescribed by the Secretary of 
     Defense for the purpose of carrying out this section or which 
     the Secretary of Transportation shall provide for such 
     purpose with respect to the Coast Guard when it is not 
     operating as a service in the Navy.
       ``(c) Reduction of Pay; Collection and Payment of 
     Amounts.--(1) In the case of an individual described by 
     subsection (b) who makes an election under this section to 
     become entitled to basic educational assistance under this 
     chapter--
       ``(A) the basic pay or retired or retainer pay, as 
     applicable, of the individual shall be reduced (in a manner 
     determined by the Secretary concerned) until the total amount 
     by which such pay is reduced is $2,700; or
       ``(B) to the extent that the basic pay of the individual is 
     not so reduced before the individual's discharge or release 
     from active duty as described in subsection (d)(4)(A), the 
     Secretary concerned shall collect from the individual an 
     amount equal to the difference between $2,700 and the total 
     amount of reductions with respect to the individual under 
     subparagraph (A).
       ``(2) An individual covered by paragraph (1) may at any 
     time pay the Secretary concerned an amount equal to the 
     difference between the total of the reductions otherwise 
     required with respect to the individual under that paragraph 
     and the total amount of the reductions with respect to the 
     individual under that paragraph at the time of the payment.
       ``(3) Any amounts collected under paragraph (1)(B) or paid 
     under paragraph (2) shall be paid into the Treasury as 
     miscellaneous receipts.
       ``(4) The total amount of reductions in pay, or of 
     collections or payments, required with respect to an 
     individual under paragraph (1) shall be achieved not later 
     than 12 months after the date on which the individual makes 
     an election under subsection (b)(5).
       ``(5) No amount of educational assistance allowance under 
     this chapter shall be paid to an individual covered by 
     paragraph (1) until the date on which the total amount of 
     reductions in pay, or of collections or payments, required 
     with respect to the individual under paragraph (1) is 
     achieved.
       ``(d) Limitations on Basic Educational Assistance.--(1) The 
     basic educational assistance allowance payable under this 
     chapter to an individual entitled to such educational 
     assistance allowance under this section shall be payable at 
     the monthly rate of basic educational assistance payable 
     under section 3015(a)(1)(B) of this title.
       ``(2) Basic educational assistance under this section shall 
     be available only for pursuit of a non-degree vocational 
     training program, an associate degree, or a bachelor's 
     degree, but shall not be available for pursuit of a masters 
     degree or other advanced college degree.
       ``(3) An individual entitled under this section to basic 
     educational assistance under this chapter is entitled to the 
     educational stipend provided under section 3020A of this 
     title.
       ``(4)(A) Entitlement under this section to basic 
     educational assistance under this chapter is not 
     transferrable under the provisions of section 3020 of this 
     title.
       ``(B) An individual entitled under this section to basic 
     educational assistance under this chapter is not eligible for 
     the following:
       ``(i) The use of basic educational assistance benefits 
     under this chapter for the repayment of Federal student loans 
     under section 3020B of this title.
       ``(ii) Supplemental educational assistance authorized by 
     subchapter III of this chapter.
       ``(5)(A) Except as provided in subparagraph (B), the 
     provisions of section 3031 of this title shall apply to the 
     use of entitlement under this section to basic educational 
     assistance under this chapter.
       ``(B) In the case of an individual entitled under this 
     section to basic educational assistance under this chapter 
     who is described by subsection (b)(2)(B), the period during 
     which the individual may use such entitlement expires on 
     October 1, 2019.
       ``(e) Outreach.--The Secretary shall, in coordination with 
     the Secretary of Defense, provide for notice of the 
     opportunity under this section to elect to become entitled to 
     basic educational assistance under this chapter.''.
       (2) 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 current and certain retired VEAP-era personnel 
              to enroll.''.

       (b) Conforming Amendments.--Section 3017(b)(1) of such 
     title is amended--
       (1) in subparagraphs (A) and (C), by striking ``or 
     3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
       (2) in subparagraph (B), by striking ``or 3018C(e) of this 
     title'' after ``section 3018C(e), or 3018D(c) of this title 
     or paid by the individual under section 3018D(c) of this 
     title''.

     SEC. 112. COLLEGE PATRIOTS GRANT PROGRAM.

       (a) Program Authorized.--
       (1) In general.--Chapter 36 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subchapter:

                ``SUBCHAPTER IV--COLLEGE PATRIOTS GRANTS

     ``Sec. 3699A. College Patriots Grant Program

       ``(a) Purpose.--It is the purpose of this section to 
     provide, through a partnership with the Department and 
     institutions of higher education, supplemental educational 
     grants to assist in making available the benefits of 
     postsecondary education to qualified veterans by meeting such 
     veterans' unmet financial need.
       ``(b) Establishment of Program.--The Secretary shall carry 
     out a supplemental educational grant program under which--
       ``(1) an institution of higher education participating in 
     the program voluntarily provides a covered individual 
     enrolled in the institution with the non-Federal share of a 
     percentage of the covered individual's unmet financial need 
     determined in accordance with subsection (e); and
       ``(2) the Secretary provides the Federal share of a 
     percentage of the covered individual's unmet financial need 
     determined in accordance with subsection (e).
       ``(c) Designation of Program.--The program under this 
     section shall be known as the `College Patriots Grant 
     Program'.
       ``(d) Institutional Eligibility Criteria.--Assistance may 
     be made available under this section only to an institution 
     of higher education that satisfies any criteria specified by 
     the Secretary. Such criteria shall include an agreement or 
     other appropriate assurance from the institution of higher 
     education that--
       ``(1) the non-Federal share of a covered individual's unmet 
     financial need awarded under this section shall be provided 
     from non-Federal resources, including--
       ``(A) institutional grants and scholarships;
       ``(B) tuition or fee waivers;
       ``(C) State scholarships; and
       ``(D) foundation or other charitable organization funds; 
     and
       ``(2) funds made available under this section shall be 
     provided to a covered individual for whom the institution of 
     higher education has made a determination that the covered 
     individual has an unmet financial need, which determination 
     shall be made before including Federal student loans under 
     title IV of the Higher Education Act of 1965 in the covered 
     individual's financial aid package.
       ``(e) Federal Share; Non-Federal Share.--
       ``(1) In general.--The Secretary shall not approve an 
     institution of higher education for participation in the 
     College Patriots Grant Program unless the institution of 
     higher education has provided, in the manner required by the 
     Secretary, the following:

[[Page S4199]]

       ``(A) An agreement or other assurance that the institution 
     of higher education will provide the non-Federal share in 
     accordance with this subsection.
       ``(B) Information on the specific methods by which the non-
     Federal share shall be paid.
       ``(C) An acknowledgment that the non-Federal share provided 
     under this subsection shall supplement and not supplant other 
     Federal and non-Federal funds.
       ``(2) Federal and non-federal shares.--Each institution of 
     higher education participating in the program under this 
     section shall select one of the three contribution percentage 
     tiers described in paragraph (3) for purposes of meeting a 
     percentage of the unmet financial needs of covered 
     individuals enrolled in the institution.
       ``(3) Percentage contribution tiers.--
       ``(A) 25 percent tier.--In the case of a covered individual 
     enrolled in the institution who has an unmet financial need 
     that is--
       ``(i) less than $8,000, the non-Federal share shall be 12.5 
     percent of the unmet financial need and the Federal share 
     shall be 12.5 percent of the unmet financial need, except 
     that the Federal share shall not exceed $1,000; and
       ``(ii) equal to or greater than $8,000, the Federal share 
     shall be $1,000 and the non-Federal share shall be 25 percent 
     of the covered individual's unmet financial need minus 
     $1,000.
       ``(B) 50 percent tier.--In the case of a covered individual 
     enrolled in the institution who has an unmet financial need 
     that is--
       ``(i) less than $8,000, the non-Federal share shall be 25 
     percent of the unmet financial need and the Federal share 
     shall be 25 percent of the unmet financial need, except that 
     the Federal share shall not exceed $2,000; and
       ``(ii) equal to or greater than $8,000, the Federal share 
     shall be $2,000 and the non-Federal share shall be 50 percent 
     of the covered individual's unmet financial need minus 
     $2,000.
       ``(C) 100 percent tier.--In the case of a covered 
     individual enrolled in the institution who has an unmet 
     financial need that is--
       ``(i) less than $6,000, the non-Federal share shall be 50 
     percent of the unmet financial need and the Federal share 
     shall be 50 percent of the unmet financial need, except that 
     the Federal share shall not exceed $3,000; and
       ``(ii) equal to or greater than $6,000, the Federal share 
     shall be $3,000 and the non-Federal share shall be 100 
     percent of the covered individual's unmet financial need 
     minus $3,000.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations necessary to implement and administer the College 
     Patriots Grant Program, including regulations establishing 
     the procedures for determining eligibility for the program, 
     applying for supplemental educational grants under the 
     program, and distributing the Federal share provided by the 
     Secretary under the program.
       ``(g) Outreach.--The Secretary of Veterans Affairs, in 
     coordination with the Secretary of Defense and the Secretary 
     of Education, shall--
       ``(1) make available to the public on the Internet website 
     of the Department--
       ``(A) a current list of institutions of higher education 
     participating in the College Patriots Grant Program; and
       ``(B) information on the extent of participation of each 
     institution of higher education participating in the College 
     Patriots Grant Program;
       ``(2) make available to the public on the Internet website 
     of the Department information about all Federal and State 
     education benefits that members of the regular components of 
     the Armed Forces, members of the reserve components of the 
     Armed Forces, veterans, and their dependents may be eligible 
     to receive; and
       ``(3) make available to institutions of higher education 
     information about the College Patriots Grant Program and take 
     appropriate actions to encourage broad participation of 
     institutions of higher education in the program.
       ``(h) Awards for Institutional Recognition.--The Secretary 
     may establish and administer an awards program to recognize 
     the extent of an institution of higher education's 
     participation in the College Patriots Grant Program.
       ``(i) Definitions.--In this section:
       ``(1) Cost of attendance.--The term `cost of attendance' 
     has the meaning given the term in section 472 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ll).
       ``(2) Covered individual.--The term `covered individual' 
     means an individual who--
       ``(A) is enrolled in an institution of higher education 
     that is participating in the College Patriots Grant Program;
       ``(B) has such amount of remaining entitlement to 
     educational assistance under chapter 30 or 32 of this title, 
     or under chapter 1606 or 1607 of title 10, as the Secretary 
     may require for purposes of this section; and
       ``(C) after receipt of any of the educational assistance 
     described in subparagraph (B), has an unmet financial need to 
     attend the institution of higher education for which a 
     supplemental educational grant is sought.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       ``(4) Unmet financial need.--The term `unmet financial 
     need' means, with respect to a covered individual, the cost 
     of attendance for the covered individual to attend an 
     institution of higher education participating in the College 
     Patriots Grant Program, minus the sum of--
       ``(A) grant and work assistance received by the covered 
     individual under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.); and
       ``(B) any educational assistance payments received by the 
     covered individual through any programs administered by the 
     Department of Veterans Affairs or the Department of 
     Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by adding at 
     the end the following new items:

                ``subchapter iv--college patriots grants

``3699A. College Patriots Grant Program.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect one year after the date of the enactment of 
     this Act, and shall apply to terms, quarters, or semesters 
     beginning on or after that date.

     SEC. 113. TERMINATION OF CONTRIBUTIONS BY MEMBERS OF THE 
                   ARMED FORCES FOR PARTICIPATION IN THE 
                   MONTGOMERY GI BILL PROGRAM.

       (a) Active Duty Program.--Notwithstanding subsection (b) of 
     section 3011 of title 38, United States Code, no reduction in 
     basic pay otherwise required by such section shall be made in 
     the case of a member of the Armed Forces who first enters on 
     active duty on or after the date of the enactment of this Act 
     and elects to receive basic educational assistance under such 
     section.
       (b) Selected Reserve Program.--Notwithstanding subsection 
     (c) of section 3012 of such title, no reduction in basic pay 
     otherwise required by such section shall be made in the case 
     of a member of the Armed Forces who first becomes eligible 
     for basic educational assistance under such section on or 
     after the date of the enactment of this Act and elects to 
     receive basic educational assistance under such section.

     SEC. 114. MODIFICATION OF SERVICE REQUIREMENT FOR EDUCATIONAL 
                   ASSISTANCE FOR RESERVE COMPONENT MEMBERS 
                   SUPPORTING CONTINGENCY OPERATIONS AND OTHER 
                   OPERATIONS WITH EXTENDED SERVICE IN THE 
                   SELECTED RESERVE.

       (a) In General.--Section 16162(c)(4) of title 10, United 
     States Code, is amended by striking subparagraphs (A) through 
     (C) and inserting the following new subparagraphs:
       ``(A) 40 percent in the case of a member of a reserve 
     component who performed active service for--
       ``(i) 90 consecutive days but less than one continuous 
     year; or
       ``(ii) an aggregate of one year but less than two years, 
     none of which was continuous service of one year or more;
       ``(B) 60 percent in the case of a member of a reserve 
     component who performed active service for--
       ``(i) one continuous year but less than two continuous 
     years; or
       ``(ii) an aggregate of two years but less than three years, 
     none of which was continuous service of two years or more; or
       ``(C) 80 percent in the case of a member of a reserve 
     component who performed active service for--
       ``(i) two continuous years or more; or
       ``(ii) an aggregate of three years or more.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2008, and shall apply with 
     respect to educational assistance payable for months 
     beginning on or after that date.

     SEC. 115. MODIFICATION OF FORMULA FOR DETERMINATION OF ANNUAL 
                   COST ADJUSTMENT IN RATES OF EDUCATIONAL 
                   ASSISTANCE.

       (a) Active Duty Program.--Section 3015(h) of title 38, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``With respect to any fiscal year'' and 
     inserting ``Subject to paragraphs (2) and (3), with respect 
     to any fiscal year''; and
       (B) by striking ``the percentage by which--'' and all that 
     follows through the end of the paragraph and inserting ``the 
     percentage increase in the average cost of tuition, fees, 
     room, and board at public four-year institutions of higher 
     education (as determined by the Secretary in consultation 
     with the Secretary of Education and Secretary of Defense) 
     over the one-year period ending on the June 30 preceding the 
     beginning of the fiscal year for which the increase is 
     made.'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) With respect to any fiscal year, in no event shall 
     the increase in rates under paragraph (1) be less than a 
     percentage increase equal to the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(B) such Consumer Price Index for the 12-month period 
     preceding that 12-month period.''.
       (b) Selected Reserve Program.--Section 16131(b)(2) of title 
     10, United States Code, is amended--
       (1) by striking ``With respect to any fiscal year'' and 
     inserting ``(A) Subject to subparagraph (B), with respect to 
     any fiscal year'';
       (2) by striking ``the percentage by which--'' and all that 
     follows and inserting ``the percentage increase in the 
     average cost of tuition, fees, room, and board at public 
     four-

[[Page S4200]]

     year institutions of higher education (as determined by the 
     Secretary of Veterans Affairs in consultation with the 
     Secretary of Education and Secretary of Defense) over the 
     one-year period ending on the June 30 preceding the beginning 
     of the fiscal year for which the increase is made.''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) With respect to any fiscal year, in no event shall 
     the increase in rates under subparagraph (A) be less than a 
     percentage increase equal to the percentage by which--
       ``(i) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(ii) such Consumer Price Index for the 12-month period 
     preceding that 12-month period.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 2, 2009, and shall apply with 
     respect to fiscal years that begin on or after that date.
                                 F_____
                                 
  SA 4765. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 980, to provide collective bargaining rights for 
public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTING GOOD SAMARITANS.

       Any person, who in good faith gratuitously provides 
     emergency care at the scene of an accident or emergency to 
     the victim thereof, shall not be liable for any civil damages 
     for any personal injury as a result of any act or omission by 
     such person in rendering the emergency care or as a result of 
     any act or failure to act to provide or arrange for further 
     medical treatment or care for the injured person, except acts 
     or omissions amounting to gross negligence or willful or 
     wanton misconduct.
                                 F_____
                                 
  SA 4766. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill H.R. 980, to provide collective bargaining rights for 
public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       At the end of section 4(b), insert the following:
       (6) Providing employers with the right to require random 
     drug testing of its employees.
                                 F_____
                                 
  SA 4767. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill H.R. 980, to provide collective bargaining rights for 
public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       In section 8(b) before paragraph (1) the following and 
     redesignate accordingly:
       (1) Harmonizing with federal law.--
       (A) Exemption.--Notwithstanding any other provision of this 
     Act, a governor or the legislative body of a State, or a 
     mayor or other chief executive officer or authority or the 
     legislative body of a political subdivision, may exempt from 
     the requirements established under this Act or otherwise any 
     group of public safety officers whose job function is similar 
     to the job function performed by any group of Federal 
     employees that is excluded from collective bargaining under 
     Federal law or an Executive order.
       (B) Treatment of certain employees.--Notwithstanding any 
     provision of State law, supervisory, managerial, and 
     confidential employees employed by public safety employers 
     shall be treated in the same manner for purposes of 
     collective-bargaining as individuals employed in the same 
     capacity by any employer covered under the provisions of the 
     National Labor Relations Act (29 U.S.C. 151 et seq.).
       (C) Rule of construction.--Notwithstanding any provision of 
     this Act, nothing in this Act shall be construed to require 
     mandatory bargaining except to the extent, and with regard to 
     the subjects, that mandatory bargaining is required between 
     the Federal Government and any of its public safety 
     employees.
                                 ______
                                 
  SA 4768. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill H.R. 980, to provide collective bargaining rights for 
public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       At the end of section 2, add the following:
       (5) Because of the critical role of public safety officers 
     in law enforcement, and the high public regard for such 
     employees, such employees should only be represented by 
     organizations that demonstrate a similar regard for the law 
     and inspire the same level of public trust and confidence.

     SEC. 2A. PUBLIC SAFETY PROTECTIONS.

       (a) In General.--A State law described in section 4(a) 
     shall--
       (1) provide that no labor organization may serve, or 
     continue to serve, as the representative of any unit of 
     public safety officers if--
       (A) any of the labor organization's officers or agents are 
     convicted of--
       (i) a felony; or
       (ii) a misdemeanor related to the organization's 
     representational responsibilities; or
       (B) the organization, or the organization's officers, 
     agents, or employees, encourage, participate, or fail to take 
     all steps necessary to prevent any unlawful work stoppage or 
     disruption by any public safety officers represented by such 
     labor organization; and
       (2)(A) provide any political subdivision or individual with 
     the right to bring a civil action in Federal court against 
     any public safety officer that engages in a strike, slowdown, 
     or other employment action that is unlawful under Federal or 
     State law or contrary to the provisions of a collective 
     bargaining agreement or a contract or memorandum of 
     understanding described in section 4(b)(2); and
       (B) provide that, in any civil action described in 
     subparagraph (A), a public safety employer may receive 
     damages relating to the strike, slowdown, or other employment 
     action described in subparagraph (A), and that joint and 
     several liability shall apply.
       (b) Interaction With Other Laws.--Notwithstanding the Act 
     entitled ``An Act to amend the Judicial Code and to define 
     and limit the jurisdiction of courts sitting in equity, and 
     for other purposes'', approved March 23, 1932 (commonly known 
     as the ``Norris-LaGuardia Act''), or any other provision of 
     law, no Federal law that restricts the issuance of 
     injunctions or restraining orders in labor disputes shall 
     apply to labor disputes involving public safety officers 
     covered under this Act.
       (c) Application.--Notwithstanding any other provision of 
     law, the provisions of this section shall apply to all 
     States.
                                 ______
                                 
  SA 4769. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill H.R. 980, to provide collective bargaining rights for 
public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       Strike section 6 and insert the following:

     SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

       Notwithstanding any rights or responsibilities provided 
     under State law or pursuant to any regulations issued under 
     section 5, a labor organization may not call, encourage, 
     condone, or fail to take all actions necessary to prevent or 
     end, and a public safety employee may not engage in or 
     otherwise support, any strike (including sympathy strikes), 
     work slowdown, sick out, or any other job action or 
     concerted, full or partial refusal to work against any public 
     sector employer. A public safety employer may not engage in a 
     lockout of public safety officers.
                                 ______
                                 
  SA 4770. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill H.R. 980, to provide collective bargaining rights for 
public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       At the end of section 2, add the following:
       (_) Police, firefighters, and other first responders are 
     responsible for the protection of life and property and the 
     maintenance of civil order, all of which may be threatened in 
     a labor dispute. Public safety officers covered by this Act 
     should not be subject to any conflict of interest, and the 
     public should be confident that such officers' duties will 
     not be subject to any such conflict.

       At the appropriate place, insert the following:

     SEC. __. PUBLIC SAFETY PROTECTIONS.

       (a) In General.--A State law described in section 4(a) 
     shall provide that no labor organization may serve as 
     bargaining representative for any public safety officers if 
     the labor organization admits to membership, or is affiliated 
     directly or indirectly with an organization that admits to 
     membership, any employee other than a public safety officer.
       (b) Interaction With Other Laws.--Notwithstanding the Act 
     entitled ``An Act to amend the Judicial Code and to define 
     and limit the jurisdiction of courts sitting in equity, and 
     for other purposes'', approved March 23, 1932 (commonly known 
     as the ``Norris-LaGuardia Act''), or any other provision of 
     law, no Federal law that restricts the issuance of 
     injunctions or restraining orders in labor disputes shall 
     apply to labor disputes involving public safety officers 
     covered under this Act.
       (c) Application.--Notwithstanding any other provision of 
     law, the provisions of this section shall apply to all 
     States.
                                 F_____
                                 
  SA 4771. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for 
himself and Mr. Kennedy)) to the bill H.R. 980, to provide collective 
bargaining rights for public safety officers employed by States or 
their political subdivisions; which was ordered to lie on the table; as 
follows:

       At the appropriate place in the amendment, insert the 
     following:

     SEC. __. PRESERVATION OF STATE LAWS.

       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to preempt a State law that 
     provides collective bargaining rights of the type provided 
     for under this Act to public safety officers in political 
     subdivisions of the State, or

[[Page S4201]]

     that provides such political subdivisions with the right to 
     adopt such collective bargaining rights, through a vote of 
     the residents of such political subdivisions in a special 
     referendum election relating to such rights.
                                 F_____
                                 
  SA 4772. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for 
himself and Mr. Kennedy)) to the bill H.R. 980, to provide collective 
bargaining rights for public safety officers employed by States or 
their political subdivisions; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NO PREEMPTION OF STATE LAW.

       Notwithstanding section 8(a), and any other provision of 
     this Act, nothing in this Act shall be construed to preempt 
     any provision of State law (whether enacted prior to or after 
     the date of enactment of this Act) with respect to the 
     collective bargaining rights of public safety employees.
                                 F_____
                                 
  SA 4773. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and 
Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining 
rights for public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       On page 13 of the amendment, between lines 14 and 15, 
     insert the following:
       (c) Remedies.--If a public safety officer or labor 
     organization violates the prohibition of subsection (a), the 
     Authority, employer, or any other person may file a petition 
     in any United States District Court in the district in which 
     the violation occurred or in the United States District Court 
     for the District of Columbia seeking--
       (1) injunctive relief; and
       (2) a fine on the labor organization for each day of the 
     violation in an amount equal to 1/26 of the total of the 
     labor organization's annual membership dues, but not less 
     than $2,500 nor more than $20,000 per day.
       (d) Jurisdiction.--The Courts of the United States shall 
     have jurisdiction to hear any cause of action under this 
     section.
                                 ______
                                 
  SA 4774. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and 
Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining 
rights for public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       On page 10 of the amendment, between lines 12 and 13, 
     insert the following:
       (d) Rights and Responsibilities of Labor Organizations.--
       (1) Labor organizations.--The requirements of titles I, II, 
     III, IV, V, and VI of the Labor-Management Reporting and 
     Disclosure Act of 1959 (29 U.S.C. 411 et seq.) shall apply to 
     a labor organization in which public safety officers are 
     members to the same extent as such Act applies to a labor 
     organization (as such term is defined in such Act) under such 
     titles.
       (2) Public safety officers.--The requirements of titles I, 
     II, III, IV, V, and VI of the Labor-Management Reporting and 
     Disclosure Act of 1959 (29 U.S.C. 411 et seq.) shall apply to 
     a public safety officer to same extent as such Act applies to 
     an employee (as such term is defined in such Act) under such 
     titles.
                                 ______
                                 
  SA 4775. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and 
Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining 
rights for public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       On page 9 of the amendment, line 15, add after the period 
     the following: ``State law may make the recognition of the 
     employees' labor organization by any political subdivision of 
     the State contingent upon the results of an election by that 
     political subdivision.''.
                                 ______
                                 
  SA 4776. Mr. BOXER submitted an amendment intended to be proposed to 
amendment SA 4751 proposed by Mr. Reid (for Mr. Gregg (for himself and 
Mr. Kennedy)) to the bill H.R. 980, to provide collective bargaining 
rights for public safety officers employed by States or their political 
subdivisions; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MONITORING AND TREATMENT OF FIRST RESPONDERS IN 
                   DISASTER AREAS.

       (a) In General.--Any first responder who suffers health-
     related conditions or injuries as a result of responding to 
     emergencies in any area which is declared a disaster area by 
     the Federal Government and who does not have health insurance 
     coverage shall be entitled to follow-up long-term health 
     monitoring and treatment provided through the United States 
     Fire Administration and the Department of Health and Human 
     Services.
       (b) Health Monitoring.--The long-term health monitoring 
     referred to in subsection (a) shall include--
       (1) pulmonary illness, neurological damage, and 
     cardiovascular damage; and
       (2) exposure documentation.
       (c) Regulations.--The Secretary of Health and Human 
     Services shall promulgate regulations to implement this 
     section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the United States Fire Administration 
     to carry out this section, such sums as may be necessary for 
     each of fiscal years 2009 through 2011.

                          ____________________