S.Amdt. 1408
What it does: Adds SEC. 653. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER MONTGOMERY GI BILL OF ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235 on page 170, between lines 16 and 17What it changes
1 change to S. 1042
Adds SEC. 653. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER MONTGOMERY GI BILL OF ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235 on page 170, between lines 16 and 17
Adds a sectionPrinted pageInserted: SEC. 653. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER MONTGOMERY GI BILL OF ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235.
Inserted: (a) Active Duty Program.--Notwithstanding section 3011(b) of title 38, United States Code, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces.
Inserted: (b) Selected Reserve Program.--Notwithstanding section 3012(c) of title 38, United States Code, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces.
Inserted: (c) Termination of On-Going Reductions in Basic Pay.--In the case of a covered member of the Armed Forces who first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before the date of the enactment of this Act and whose basic pay would, but for subsection (a) or (b), be subject to reduction under section 3011(b) or 3012(c) of title 38, United States Code, for any month beginning on or after that date, the reduction of basic pay of such covered member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, shall cease commencing with the first month beginning on or after that date.
Inserted: (d) Covered Member of the Armed Forces Defined.--In this section, the term "covered member of the Armed Forces" means any individual who serves on active duty as a member of the Armed Forces during the period--
Inserted: (1) beginning on November 16, 2001, the date of Executive Order 13235, relating to National Emergency Construction Authority; and
Inserted: (2) ending on the termination date of the Executive order referred to in paragraph (1).
Inserted: SEC. 654. OPPORTUNITY FOR ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235 TO WITHDRAW ELECTION NOT TO ENROLL IN MONTGOMERY GI BILL.
Inserted: Section 3018 of title 38, United States Code, is amended--
Inserted: (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
Inserted: (2) by inserting after subsection (b) the following:
Inserted: "(c)(1) Notwithstanding any other provision of this chapter, during the 1-year period beginning on the date of enactment of this subsection, an individual who--
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Inserted: "(A) serves on active duty as a member of the Armed Forces during the period beginning on November 16, 2001, and ending on the termination date of Executive Order 13235, relating to National Emergency Construction Authority; and
Inserted: "(B) has served continuously on active duty without a break in service following the date the individual first becomes a member or first enters on active duty as a member of the Armed Forces, shall have the opportunity, on such form as the Secretary of Defense shall prescribe, to withdraw an election under section 3011(c)(1) or 3012(d)(1) not to receive education assistance under this chapter.
Inserted: "(2) An individual described paragraph (1) who made an election under section 3011(c)(1) or 3012(d)(1) and who--
Inserted: "(A) while serving on active duty during the 1-year period beginning on the date of the enactment of this subsection makes a withdrawal of such election;
Inserted: "(B) continues to serve the period of service which such individual was obligated to serve;
Inserted: "(C) serves the obligated period of service described in subparagraph (B) or before completing such obligated period of service is described by subsection (b)(3)(B); and
Inserted: "(D) meets the requirements set forth in paragraphs (4) and (5) of subsection (b), is entitled to basic educational assistance under this chapter."; and
Inserted: (3) in subsection (e), as redesignated, by inserting "or (c)(2)(A)" after "(b)(1)".
Original wording
On page 170, between lines 16 and 17, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1408. Mr. HAGEL submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
On page 170, between lines 16 and 17, insert the following:
SEC. 653. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER MONTGOMERY GI BILL OF ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235.
(a) Active Duty Program.--Notwithstanding section 3011(b) of title 38, United States Code, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces.
(b) Selected Reserve Program.--Notwithstanding section 3012(c) of title 38, United States Code, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces.
(c) Termination of On-Going Reductions in Basic Pay.--In the case of a covered member of the Armed Forces who first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before the date of the enactment of this Act and whose basic pay would, but for subsection (a) or (b), be subject to reduction under section 3011(b) or 3012(c) of title 38, United States Code, for any month beginning on or after that date, the reduction of basic pay of such covered member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, shall cease commencing with the first month beginning on or after that date.
(d) Covered Member of the Armed Forces Defined.--In this section, the term “covered member of the Armed Forces” means any individual who serves on active duty as a member of the Armed Forces during the period--
(1) beginning on November 16, 2001, the date of Executive Order 13235, relating to National Emergency Construction Authority; and
(2) ending on the termination date of the Executive order referred to in paragraph (1).
SEC. 654. OPPORTUNITY FOR ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235 TO WITHDRAW ELECTION NOT TO ENROLL IN MONTGOMERY GI BILL.
Section 3018 of title 38, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(2) by inserting after subsection (b) the following:
“(c)(1) Notwithstanding any other provision of this chapter, during the 1-year period beginning on the date of enactment of this subsection, an individual who--
“(A) serves on active duty as a member of the Armed Forces during the period beginning on November 16, 2001, and ending on the termination date of Executive Order 13235, relating to National Emergency Construction Authority; and
“(B) has served continuously on active duty without a break in service following the date the individual first becomes a member or first enters on active duty as a member of the Armed Forces, shall have the opportunity, on such form as the Secretary of Defense shall prescribe, to withdraw an election under section 3011(c)(1) or 3012(d)(1) not to receive education assistance under this chapter.
“(2) An individual described paragraph (1) who made an election under section 3011(c)(1) or 3012(d)(1) and who--
“(A) while serving on active duty during the 1-year period beginning on the date of the enactment of this subsection makes a withdrawal of such election;
“(B) continues to serve the period of service which such individual was obligated to serve;
“(C) serves the obligated period of service described in subparagraph (B) or before completing such obligated period of service is described by subsection (b)(3)(B); and
“(D) meets the requirements set forth in paragraphs (4) and (5) of subsection (b), is entitled to basic educational assistance under this chapter.”; and
(3) in subsection (e), as redesignated, by inserting “or (c)(2)(A)” after “(b)(1)”.
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Senate amendment submitted
July 21, 2005