[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 177 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 177
To amend title 38, United States Code, to improve benefits under the
Montgomery GI Bill by establishing an enhanced educational assistance
program and by repealing the requirement for reduction in pay for
participation in the program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2003
Mr. Dayton introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve benefits under the
Montgomery GI Bill by establishing an enhanced educational assistance
program and by repealing the requirement for reduction in pay for
participation in the program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Revitalization
Act of 2003''.
SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF
ACTIVE-DUTY SERVICE.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE
``Sec. 3041. Enhanced educational assistance entitlement
``(a) Entitlement.--An eligible individual is entitled to enhanced
educational assistance under this subchapter.
``(b) Eligible Individual Defined.--For purposes of this
subchapter, the term `eligible individual' means an individual who
meets the service requirement described in subsection (c) and whose
status after completion of such service is described in section
3011(a)(2) of this title. Such term does not include an individual
described in paragraph (1) or (2) of section 3011(c) of this title.
``(c) Service Requirement.--(1) The service requirement referred to
in subsection (b) is as follows:
``(A) After September 30, 2003, the individual--
``(i) first enters on active duty;
``(ii) reenlists or extends an enlistment on active
duty as a member of the Armed Forces; or
``(iii) in the case of an officer, continues to
serve on active duty after that date.
``(B) From the date of such entry, reenlistment, extension,
or continuation, as the case may be, the individual--
``(i) serves a continuous period of active duty of
at least four years in the Armed Forces; or
``(ii) serves on active duty in the Armed Forces
and is discharged or released from active duty--
``(I) as provided in subclause (I) of
section 3011(a)(1)(A)(ii) of this title;
``(II) for the convenience of the
Government, after having completed not less
than 42 months of continuous active duty; or
``(III) as provided in subclause (III) of
section 3011(a)(1)(A)(ii) of this title.
``(2) In determining service under paragraph (1), the following
rules apply:
``(A) Any period of service described in paragraph (2) or
(3) of section 3011(d) of this title that applies to an
eligible individual under this section shall not be considered
a part of the individual's period of active duty.
``(B) A member described in paragraph (2) of section
3011(f) of this title who serves the periods of active duty
referred to in such paragraph shall be deemed to have served a
continuous period of active duty the length of which is the
aggregate length of the periods of active duty referred to in
such paragraph.
``(C) Subsections (g) and (h) of section 3011 of this title
apply with respect to an eligible individual under this section
in the same manner as they apply to an individual under section
3011 of this title.
``(d) Election of Basic Educational Assistance.--(1) An eligible
individual entitled to enhanced educational assistance under this
subchapter may elect (in a form and manner prescribed by the Secretary)
to receive basic educational assistance under subchapter II in lieu of
such enhanced educational assistance for an enrollment period. Such an
election shall be made not later than 30 days before the beginning of
the enrollment period.
``(2) An eligible individual may revoke an election made pursuant
to paragraph (1), but in no case may such revocation be made later than
30 days before the beginning of the enrollment period.
``Sec. 3042. Duration of enhanced educational assistance
``(a) In General.--Subject to section 3695 of this title and except
as provided in subsection (b), each individual entitled to enhanced
educational assistance under section 3041 of this title is entitled to
a monthly enhanced educational assistance allowance under this
subchapter for a period or periods not to exceed a total of 36 months
(or the equivalent thereof in part-time enhanced educational
assistance).
``(b) Special Rule for Certain Early Separations.--Subject to
section 3695 of this title, in the case of an individual described in
subclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title who
does not serve a continuous period of active duty of at least four
years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of
this title), the individual is entitled to one month of enhanced
educational assistance benefits under this subchapter (not to exceed a
total of 36 months (or the equivalent thereof in part-time enhanced
educational assistance)) for each month of continuous active duty
served by the individual beginning with the date on which the entry on
active duty, reenlistment, enlistment extension, or continuation
applicable to that individual under section 3041(c)(1)(A) of this title
begins.
``Sec. 3043. Payment of educational expenses
``(a) In General.--(1) Subject to paragraph (2), the Secretary
shall pay to the educational institution providing a course under an
approved program of education to an eligible individual under this
subchapter who is enrolled in the course the actual cost of tuition and
fees otherwise payable by the individual.
``(2) Such cost may not exceed the amount charged to similarly
circumstanced nonveterans.
``(b) Stipend; Costs of Books and Supplies.--The Secretary shall
pay to each eligible individual under this subchapter who is pursuing
an approved program of education--
``(1) a stipend as provided in section 3044 of this title;
and
``(2) in accordance with regulations prescribed by the
Secretary, an amount equal to the average cost of books and
supplies payable by individuals pursuing courses of education
at educational institutions.
``(c) Exclusion From Income for Eligibility Determinations for
Federal Educational Loans.--Notwithstanding any other provision of law,
amounts payable by the Secretary under this subchapter with respect to
an eligible individual shall not be considered as income for purposes
of determining eligibility of such individual for education grants or
loans under any other provision of Federal law.
``Sec. 3044. Amount of stipend
``(a) In General.--Except as provided in section 3042 of this
title, the stipend under this subchapter shall be paid at a monthly
rate (as that rate may be increased pursuant to subsection (b)) as
follows:
``(1) At the monthly rate of $900 for an approved program
of education pursued on a full-time basis.
``(2) At the monthly rate of $700 for an approved program
of education pursued on a three-quarter-time basis.
``(3) At the monthly rate of $500 for an approved program
of education pursued on a half-time basis.
``(4) At the monthly rate of $300 for an approved program
of education pursued on less than a half-time basis.
``(b) Adjustment for Inflation.--With respect to any fiscal year
beginning after fiscal year 2004, the Secretary shall increase the rate
paid under subsection (a) for the previous fiscal year by the
percentage applicable under section 3015(h) of this title.
``Sec. 3045. Tutorial assistance
``An individual entitled to an enhanced educational assistance
allowance under this subchapter shall be entitled to benefits provided
an individual under section 3019 of this title, subject to the
conditions provided in such section.''.
(b) Conforming Amendments.--(1) Section 3002 of such title is
amended by inserting at the end the following new paragraph:
``(9) The term `enhanced educational assistance' means educational
assistance provided under subchapter V.''.
(2) Section 3011 of such title is amended in subsection (f)(1) and
(g) by striking ``chapter'' each place it appears and inserting
``subchapter''.
(3) Section 3018A(a) of such title is amended by striking
``education assistance under this chapter'' and inserting ``educational
assistance under this subchapter''.
(4) Section 3018B of such title is amended by striking ``education
assistance under this chapter'' each place it appears and inserting
``educational assistance under this subchapter''.
(5) Section 3018C of such title is amended by striking
``educational assistance under this chapter'' each place it appears and
inserting ``educational assistance under this subchapter''.
(6) Section 3019 of such title is amended by striking ``chapter''
each place it appears and inserting ``subchapter''.
(7) Section 3031 of such title is amended--
(A) in subsection (f), by inserting ``or 3042 of this
title'' after ``section 3013'' each place it appears; and
(B) in subsection (h), by inserting ``or
3031(c)(1)(B)(ii)(III)'' after ``section
3011(a)(1)(A)(ii)(III)''.
(8) Section 3032(e)(3) of such title is amended by inserting ``, or
section 3044(a)(1),'' after ``section 3015''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by adding at the end the following
new items:
``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE
``3041. Enhanced educational assistance entitlement.
``3042. Duration of enhanced educational assistance.
``3043. Payment of educational expenses.
``3044. Amount of stipend.
``3045. Tutorial assistance.''.
SEC. 3. REPEAL OF PAY REDUCTION, ELECTION OF BENEFITS, AND HIGH SCHOOL
GRADUATION REQUIREMENT FOR PARTICIPATION IN BASIC
EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.
(a) Repeal of Pay Reduction and Election of Benefits.--
(1) Active duty program.--(A) Section 3011 of title 38,
United States Code, is amended--
(i) by striking subsection (b); and
(ii) in subsection (c), by striking paragraph (1)
and redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(B) Section 3012 of such title is amended--
(i) by striking subsection (c); and
(ii) in subsection (d), by striking paragraph (1)
and redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(2) Opportunities to withdraw election not to enroll.--(A)
Section 3016(a)(1) of such title is amended by striking ``, and
does not make an election under section 3011(c)(1) or section
3012(d)(1)''.
(B) Sections 3018A and 3018B of such title are each amended
by adding at the end the following new subsection:
``(e) Notwithstanding subsection (b), no reduction in the pay of an
individual under this section shall be made for months beginning after
September 30, 2003. Any obligation of such individual under subsection
(b) as of such date shall be deemed to be fully satisfied as of such
date.''.
(C)(i) Section 3018C(e) of such title is amended--
(I) by striking paragraphs (3) and (4); and
(II) by redesignating paragraph (5) as paragraph
(3).
(ii) Section 3018C of such title is amended by adding at
the end the following new subsection:
``(f) Notwithstanding subsection (b), no reduction in the pay of an
individual under this section shall be made for months beginning after
September 30, 2003. Any obligation of such individual under subsection
(b) as of such date shall be deemed to be fully satisfied as of such
date.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2003, and apply to individuals
whose initial obligated period of active duty under section
3011 or 3012 of title 38, United States Code, as the case may
be, begins on or after such date.
(4) Termination of pay reductions in progress.--Any
reduction in the basic pay of an individual referred to in
subsection (b) of section 3011 of title 38, United States Code,
by reason of such subsection, or of any individual referred to
in subsection (c) of section 3012 of such title by reason of
such subsection, shall cease commencing with months beginning
after September 30, 2003, and any obligation of such individual
under such subsections, as the case may be, as of such date
shall be deemed to be fully satisfied as of such date.
(b) Repeal of High School Graduation Requirement.--
(1) Active duty.--(A) Section 3011(a) of title 38, United
States Code, is amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as paragraph
(2).
(B) Section 3012(a) of such title is amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as paragraph
(2).
(2) Opportunities to withdraw election not to enroll.--(A)
Section 3018(b) of such title is amended--
(i) by inserting ``and'' at the end of paragraph
(3)(C);
(ii) by striking paragraph (4); and
(iii) by redesignating paragraph (5) as paragraph
(4).
(B)(i) Section 3018A(a) of such title is amended--
(I) by striking paragraph (2);
(II) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(III) in paragraphs (3) and (4), as so
redesignated, by striking ``paragraph (3) of this
subsection'' and inserting ``paragraph (2)''.
(ii) Section 3018A(c) of such title is amended by striking
``subsection (a)(3) of this section'' and inserting
``subsection (a)(2)''.
(iii) Section 3018A(d)(1) of such title is amended by
striking ``subsection (a)(4) of this subsection'' and inserting
``subsection (a)(3)''.
(C)(i) Section 3018B(a)(1) of such title is amended--
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (B), (C), and (D), respectively;
and
(III) in subparagraphs (C) and (D), as so
redesignated, by striking ``subparagraph (C) of this
paragraph'' and inserting ``subparagraph (B)''.
(D)(i) Section 3018B(a)(2) of such title is amended--
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (B), (C), and (D), respectively;
(III) in subparagraph (B), as so redesignated, by
striking ``paragraph (1)(C) of this subsection'' and
inserting ``paragraph (1)(B)''; and
(IV) in subparagraphs (C) and (D), as so
redesignated, by striking ``subparagraph (C)'' and
inserting ``subparagraph (B)''.
(ii) Section 3018B(c) of such title is amended by striking
``subsection (a)(1)(C) or (a)(2)(C) of this section'' and
inserting ``subsection (a)(1)(B) or (a)(2)(B)''.
(iii) Section 3018B(d)(1) of such title is amended by
striking ``subsection (a)(1)(D) or (a)(2)(D) of this section''
and inserting ``subsection (a)(1)(C) or (a)(2)(C)''.
(E)(i) Section 3018C(a) of such title is amended--
(I) by striking paragraph (3);
(II) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(III) in paragraph (3), as so redesignated, by
striking ``paragraph (5)'' and inserting ``paragraph
(4)''.
(ii) Section 3018C(b)(2) of such title is amended by
striking ``subsection (a)(4)'' and inserting ``subsection
(a)(3)''.
(iii) Section 3018C(c)(1) of such title is amended by
striking ``subsection (a)(5)'' and inserting ``subsection
(a)(4)''.
(iv) Section 3018C(e)(1) of such title is amended by
striking ``elections made under subsection (a)(5)'' and
inserting ``elections made under subsection (a)(4)''.
(v) Section 3018C(e)(2) of such title is amended--
(I) by striking subparagraph (C); and
(II) by redesignating subparagraph (D) as
subparagraph (C).
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2003, and shall apply with
respect to individuals applying for basic educational
assistance under chapter 30 of title 38, United States Code, on
or after such date.
(c) Education Outreach Services to Members of the Armed Forces.--
(1) In general.--Section 3034(e)(1) of title 38, United
States Code, is amended to read as follows:
``(e)(1) Not later than one year after an individual initially
enters on active duty as a member of the Armed Forces, and at such
additional times as the Secretary determines appropriate, the Secretary
shall furnish the individual the information described in paragraph
(2).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2003, and shall apply to
individuals whose initial obligated period of active duty under
section 3011 or 3012 of title 38, United States Code, as the
case may be, begins on or after such date.
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