109th CONGRESS
1st Session
S. 2163
To amend titles 10 and 38 of the United States Code, to increase
and index educational benefits for veterans under the Montgomery GI bill
to ensure adequate and equitable benefits for active duty members and members
of the selected Reserve, and to include certain servicemembers previously
excluded from such benefits.
IN THE SENATE OF THE UNITED STATES
December 21, 2005
Mr. KERRY introduced the following bill; which was read twice and referred
to the Committee on Veterans' Affairs
A BILL
To amend titles 10 and 38 of the United States Code, to increase
and index educational benefits for veterans under the Montgomery GI bill
to ensure adequate and equitable benefits for active duty members and members
of the selected Reserve, and to include certain servicemembers previously
excluded from such benefits.
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 `Armed Forces Education Benefits Improvement
Act'.
SEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE
UNDER THE MONTGOMERY GI BILL FOR ACTIVE DUTY MEMBERS.
(a) In General- Section 3015 of title 38, United States Code, is amended--
(1) in subsection (a), by amending paragraph (1) to read as follows:
`(1) for an approved program of education pursued on a full-time basis--
`(A) $1,584 per month for months during fiscal year 2005; and
`(B) for months during fiscal year 2006 and each subsequent fiscal year,
the monthly amount under this paragraph for the previous fiscal year
multiplied by the percentage increase calculated under subsection (h);
or';
(2) in subsection (b), by amending paragraph (1) to read as follows:
`(1) for an approved program of education pursued on a full-time basis--
`(A) $1,267 per month for months during fiscal year 2005; and
`(B) for months during fiscal year 2006 and each subsequent fiscal year,
the monthly amount under this paragraph for the previous fiscal year
multiplied by the percentage increase calculated under subsection (h);
or'; and
(3) in subsection (h)(1), by striking `all items' and inserting `college
tuition and fees'.
(b) Effective Date- The amendments made by subsection (a) shall take effect
on the first day of the first month beginning after the date of enactment
of this Act.
SEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL BENEFITS.
(a) Findings- Congress finds that--
(1) the enhanced educational benefits provided under the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 are an important
step in ensuring that members of the Selected Reserve are thanked for
their increasing role in the modern warfare; and
(2) when these members return from extended tours in Iraq, Afghanistan,
and other places, they should be provided with immediate access to these
enhanced educational benefits.
(b) Cooperation- The Secretary of Defense shall work expeditiously with
the Secretary of Veterans Affairs to ensure that members of the Selected
Reserve receive the educational benefits referred to in subsection (a) in
a timely manner.
(1) SECRETARY OF DEFENSE- The Secretary of Defense shall conduct a study
analyzing the effect of all Montgomery GI bill educational benefits on
recruitment and retention during the 12-month period beginning on the
date on which the enhanced benefits referred to in subsection (a) become
available.
(2) SECRETARY OF VETERANS AFFAIRS- The Secretary of Veterans Affairs shall
conduct a study analyzing the effect of all Montgomery GI bill educational
benefits on the readjustment of veterans eligible for educational benefits
under section 3015 of title 38, United States Code, and chapters 1606
and 1607 of title 10, United States Code, during the 12-month period beginning
on the date on which the enhanced benefits referred to in subsection (a)
become available.
(3) REPORT- Not later than 18 months after the date on which the enhanced
benefits referred to in subsection (a) become available, the Secretary
of Defense and the Secretary of Veterans Affairs shall submit a report
on the results of the studies conducted under paragraphs (1) and (2) to--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of Representatives;
(C) the Committee on Veterans' Affairs of the Senate; and
(D) the Committee on Veterans' Affairs of the House of Representatives.
SEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE
UNDER THE MONTGOMERY GI BILL FOR CERTAIN MEMBERS OF THE SELECTED RESERVE.
(a) Increase in Rates- Section 16131(b) of title 10, United States Code,
is amended--
(A) by striking `at the following rates:' and inserting `--'; and
(B) by striking subparagraphs (A) through (C) and inserting the following:
`(A) for a program of education pursued on a full-time basis--
`(i) $475 per month for months during fiscal year 2005; and
`(ii) for months during fiscal year 2006 and each subsequent fiscal
year, the monthly amount under this subparagraph for the previous fiscal
year multiplied by the percentage increase calculated under paragraph
(2);
`(B) for a program of education pursued on a three-quarter-time basis--
`(i) $356 per month for months during fiscal year 2005; and
`(ii) for months during fiscal year 2006 and each subsequent fiscal
year, the monthly amount under this subparagraph for the previous fiscal
year multiplied by the percentage increase calculated under paragraph
(2);
`(C) for a program of education pursued on a half-time basis--
`(i) $238 per month for months during fiscal year 2005; and
`(ii) for months during fiscal year 2006 and each subsequent fiscal
year, the monthly amount under this subparagraph for the previous fiscal
year multiplied by the percentage increase calculated under paragraph
(2); and'; and
(A) by inserting `beginning on or after October 1, 2005' after `With
respect to any fiscal year'; and
(B) in subparagraph (A), by striking `all items' and inserting `college
tuition and fees'.
(b) Effective Date- The amendments made by subsection (a) shall take effect
on the first day of the first month beginning after the date of enactment
of this Act.
SEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER
THE MONTGOMERY GI BILL.
(a) In General- Chapter 30 of title 38, United States Code, is amended by
inserting after section 3018C the following:
`Sec. 3018D. Opportunity for certain active-duty personnel to enroll
`(a)(1) Notwithstanding any other provision of this chapter, during the
1-year period beginning on the date of enactment of this section, a qualified
individual (described in subsection (b)) may make an irrevocable election
under this section to receive basic educational assistance under this chapter.
`(2) The Secretary of each military department shall provide for procedures
for a qualified individual to make an irrevocable election under this section
in accordance with regulations prescribed by the Secretary of Defense for
the purpose of carrying out this section or which the Secretary of Homeland
Security shall provide for such purpose with respect to the Coast Guard
when it is not operating as a service in the Navy.
`(b) A qualified individual referred to in subsection (a) is an individual
who meets each of the following requirements:
`(1) The individual first became a member of the Armed Forces or first
served on active duty as a member of the Armed Forces before July 1, 1985.
`(A) has served on active duty without a break in service since the
date the individual first became such a member or first served on active
duty as such a member; and
`(B) continues to serve on active duty for some or all of the 1-year
period described in subsection (a).
`(3) The individual, before applying for benefits under this section--
`(A) completed the requirements of a secondary school diploma (or equivalency
certificate); or
`(B) has successfully completed (or otherwise received academic credit
for) the equivalent of 12 semester hours in a program of education leading
to a standard college degree.
`(4) The individual, when discharged or released from active duty, is
discharged or released therefrom with an honorable discharge.
`(c)(1) Subject to paragraph (2), with respect to a qualified individual
who elects under this section to receive basic educational assistance under
this chapter--
`(A) the basic pay of the qualified individual shall be reduced (in a
manner determined by the Secretary concerned) until the total amount by
which such basic pay is reduced is $1,200; and
`(B) to the extent that basic pay is not reduced under subparagraph (A)
before the qualified individual's discharge or release from active duty,
an amount equal to the difference between $1,200 and the total amount
of reductions under subparagraph (A), which shall be paid into the Treasury
of the United States as miscellaneous receipts, shall, at the election
of the qualified individual, be--
`(i) collected from the qualified individual by the Secretary concerned;
or
`(ii) withheld from the retired or retainer pay of the qualified individual
by the Secretary concerned.
`(2)(A) The Secretary concerned shall provide for an 18-month period, beginning
on the date the qualified individual makes an election under this section,
for the qualified individual to pay that Secretary the amount due under
paragraph (1).
`(B) Nothing in subparagraph (A) shall be construed as modifying the period
of eligibility for and entitlement to basic educational assistance under
this chapter applicable under section 3031 of this title.
`(d) With respect to qualified individuals referred to in subsection (c)(1)(B),
no amount of educational assistance allowance under this chapter shall be
paid to the qualified individual until the earlier of the date on which--
`(1) the Secretary concerned collects the applicable amount under subsection
(c)(1)(B)(i); or
`(2) the retired or retainer pay of the qualified individual is first
reduced under subsection (c)(1)(B)(ii).
`(e) The Secretary, in conjunction with the Secretary of Defense, shall
provide for notice of the opportunity under this section to elect to become
entitled to basic educational assistance under this chapter.'.
(b) Conforming Amendments- Section 3017(b)(1) of title 38, United States
Code, 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 inserting `or 3018D(c)' after `under section
3018C(e)'.
(c) Clerical Amendment- The table of sections at the beginning of chapter
30 of title 38, United States Code, is amended by inserting after the item
relating to section 3018C the following:
`3018D. Opportunity for certain active-duty personnel to enroll.'.
END
