[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2849 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2849
To provide certain enhancements to the Montgomery GI Bill Program for
certain individuals who serve as members of the Armed Forces after the
September 11, 2001, terrorist attacks, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27, 2004
Mr. Hagel introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To provide certain enhancements to the Montgomery GI Bill Program for
certain individuals who serve as members of the Armed Forces after the
September 11, 2001, terrorist attacks, 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. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER
MONTGOMERY GI BILL OF INDIVIDUALS WHO SERVE AS 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
such title, 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) of this section, be
subject to reduction under section 3011(b) or 3012(c) of such title 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) Refund of Contributions.--(1) In the case of any covered member
of the Armed Forces whose basic pay was reduced under section 3011(b)
or 3012(c) of such title for any month beginning before the date of the
enactment of this Act, the Secretary concerned shall pay to such
covered member of the Armed Forces an amount equal to the aggregate
amount of reductions of basic pay of such member of the Armed Forces
under such section 3011(b) or 3012(c), as applicable, as of that date.
(2) Any amount paid to a covered member of the Armed Forces under
paragraph (1) shall not be included in gross income under the Internal
Revenue Code of 1986.
(3) Amounts for payments under paragraph (1) shall be derived from
amounts appropriated or otherwise made available to the Secretary
concerned for military personnel in chapter 1 of title I of the
Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117
Stat. 1209).
(4) In this subsection, the term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy or the Marine Corps;
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force; and
(D) the Secretary of Homeland Security, with respect to
matters concerning the Coast Guard.
(e) 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. 2. OPPORTUNITY FOR INDIVIDUALS WHO SERVE AS 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 subsection
(d) and (e), respectively;
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Notwithstanding any other provision of this chapter,
during the one-year period beginning on the date of the 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) of this title 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) of this title and who--
``(A) while serving on active duty during the one-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 so redesignated, by inserting
``or (c)(2)(A)'' after ``(b)(1)''.
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