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106th CONGRESS
2d Session
S. 2402
To amend title 38, United States Code, to enhance and improve
educational assistance under the Montgomery GI Bill in order to enhance
recruitment and retention of members of the Armed Forces, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2000
Mr. Cleland (for himself, Mr. Levin, and Mr. Bingaman) 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 enhance and improve
educational assistance under the Montgomery GI Bill in order to enhance
recruitment and retention of members of the Armed Forces, 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 ``Help Our Professionals Educationally
(HOPE) Act of 2000''.
SEC. 2. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE BY CERTAIN
MEMBERS OF THE ARMED FORCES.
(a) Authority To Transfer to Family Members.--(1) Subchapter II of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new section:
``Sec. 3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces
``(a)(1) Subject to the provisions of this section, the Secretary
of each military department may, for the purpose of enhancing
recruiting and retention and at such Secretary's sole discretion,
permit an individual described in paragraph (2) who is entitled to
basic educational assistance under this subchapter to elect to transfer
such individual's entitlement to such assistance, in whole or in part,
to the dependents specified in subsection (b).
``(2) An individual referred to in paragraph (1) is any individual
who is a member of the Armed Forces at the time of the approval by the
Secretary of the military department concerned of the individual's
request to transfer entitlement to educational assistance under this
section.
``(3) The Secretary of the military department concerned may not
approve an individual's request to transfer entitlement to educational
assistance under this section until the individual has completed six
years of service in the Armed Forces.
``(4) Subject to the time limitation for use of entitlement under
section 3031 of this title, an individual approved to transfer
entitlement to educational assistance under this section may transfer
such entitlement at any time after the approval of individual's request
to transfer such entitlement without regard to whether the individual
is a member of the Armed Forces when the transfer is executed.
``(b) An individual approved to transfer an entitlement to basic
educational assistance under this section may transfer the individual's
entitlement to such assistance as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(c)(1) An individual transferring an entitlement to basic
educational assistance under this section shall--
``(A) designate the dependent or dependents to whom such
entitlement is being transferred and the percentage of such
entitlement to be transferred to each such dependent; and
``(B) specify the period for which the transfer shall be
effective for each dependent designated under subparagraph (A).
``(2) The aggregate amount of the entitlement transferable by an
individual under this section may not exceed the aggregate amount of
the entitlement of such individual to basic educational assistance
under this subchapter.
``(3) An individual transferring an entitlement under this section
may modify or revoke the transfer at any time before the use of the
transferred entitlement begins. An individual shall make the
modification or revocation by submitting written notice of the action
to the Secretary of the military department concerned.
``(d)(1) A dependent to whom entitlement to educational assistance
is transferred under this section may not commence the use of the
transferred entitlement until the completion by the individual making
the transfer of 10 years of service in the Armed Forces.
``(2) The use of any entitlement transferred under this section
shall be charged against the entitlement of the individual making the
transfer at the rate of one month for each month of transferred
entitlement that is used.
``(3) Except as provided in under subsection (c)(1)(B) and subject
to paragraphs (4) and (5), a dependent to whom entitlement is
transferred under this section is entitled to basic educational
assistance under this subchapter in the same manner and at the same
rate as the individual from whom the entitlement was transferred.
``(4) Notwithstanding section 3031 of this title, a child to whom
entitlement is transferred under this section may not use any
entitlement so transferred after attaining the age of 26 years.
``(5) The administrative provisions of this chapter (including the
provisions set forth in section 3034(a)(1) of this title) 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 veteran for purposes of such provisions.
``(e) In the event of an overpayment of basic educational
assistance with respect to a dependent to whom entitlement is
transferred under this section, the dependent and the individual 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 this
title.
``(f) The Secretary of a military department 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 the fiscal year for purposes of making transfers of
funds under section 2006 of title 10 with respect to such transfers of
entitlement.
``(g) The Secretary of Defense shall prescribe regulations for
purposes of this section. Such regulations shall specify the manner and
effect of an election to modify or revoke a transfer of entitlement
under subsection (c)(3) and shall specify the manner of the
applicability of the administrative provisions referred to in
subsection (d)(5) to a dependent to whom entitlement is transferred
under this section.
``(h)(1) Not later than January 31, 2002, and each year thereafter,
each Secretary of a military department shall submit to the Committees
on Armed Services of the Senate and House of Representatives a report
on the transfers of entitlement under this section that were approved
by such Secretary during the preceding year.
``(2) Each report shall set forth--
``(A) the number of transfers of entitlement under this
section that were approved by such Secretary during the
preceding year; or
``(B) if no transfers of entitlement under this section
were approved by such Secretary during that year, a
justification for such Secretary's decision not to approve any
such transfers of entitlement during that year.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3019 the
following new item:
``3020. Transfer of entitlement to basic educational assistance:
members of the Armed Forces.''.
(b) Treatment Under Department of Defense Education Benefits
Fund.--Section 2006(b)(2) of title 10, United States Code, is amended
by adding at the end the following:
``(D) The present value of the future benefits
payable from the Fund as a result of transfers under
section 3020 of title 38 of entitlement to basic
educational assistance under chapter 30 of title 38.''
(c) Plan for Implementation.--Not later than June 30, 2001, the
Secretary of Defense shall submit to Congress a report describing the
manner in which the Secretaries of the military departments propose to
exercise the authority granted by section 3020 of title 38, United
States Code, as added by subsection (a).
SEC. 3. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED FORCES IN
MONTGOMERY GI BILL PROGRAM.
(a) Participation Authorized.--(1) Subchapter II of chapter 30 of
title 38, United States Code, as amended by section 2(a) of this Act,
is further amended by inserting after section 3018C the following new
section:
``Sec. 3018D. Opportunity to enroll: certain VEAP participants; active
duty personnel not previously enrolled
``(a)(1) Notwithstanding any other provision of law and subject to
the provisions of this section, the Secretary concerned may, for the
purpose of enhancing recruiting and retention and at such Secretary's
sole discretion, permit an individual described in subsection (b) to
elect under subsection (c) to become entitled to basic educational
assistance under this chapter.
``(2) The Secretary concerned may permit an individual to elect to
become entitled to basic educational assistance under this section only
if sufficient funds are available in accordance with this section for
purposes of payments by the Secretary of Defense into the Department of
Defense Education Benefits Fund under section 2006 of title 10 with
respect to such election.
``(3) An individual who makes an election to become entitled to
basic educational assistance under this section shall be entitled to
basic educational assistance under this chapter.
``(b) An individual eligible to be permitted to make an election
under this section is an individual who--
``(1) either--
``(A)(i) is a participant on the date of the
enactment of this section in the educational benefits
program provided by chapter 32 of this title; or
``(ii) disenrolled from participation in that
program before that date; or
``(B) has made an election under section 3011(c)(1)
or 3012(d)(1) of this title not to receive educational
assistance under this chapter and has not withdrawn
that election under section 3018(a) of this title as of
that date;
``(2) is serving on active duty (excluding periods referred
to in section 3202(1)(C) of this title in the case of an
individual described in paragraph (1)(A)) on that date; and
``(3) 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.
``(c) An individual permitted to make an election under this
section to become entitled to basic educational assistance under this
chapter shall make an irrevocable election to receive benefits under
this section in lieu of benefits under chapter 32 of this title or
withdraw the election made under section 3011(c)(1) or 3012(d)(1) of
this title, as the case may be, 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.
``(d)(1) Except as provided in paragraphs (2) and (3), in the case
of an individual who makes an election under this section to become
entitled to basic educational assistance under this chapter, the basic
pay of the individual shall be reduced (in a manner determined by the
Secretary of Defense) until the total amount by which such basic pay is
reduced is--
``(A) $1,200, in the case of an individual described in
subsection (b)(1)(A); or
``(B) $1,500, in the case of an individual described in
subsection (b)(1)(B).
``(2) In the case of an individual previously enrolled in the
educational benefits program provided by chapter 32 of this title, the
total amount of the reduction in basic pay otherwise required by
paragraph (1) shall be reduced by an amount equal to so much of the
unused contributions made by the individual to the Post-Vietnam Era
Veterans Education Account under section 3222(a) of this title as do
not exceed $1,200.
``(3) An individual 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 this subsection
and the total amount of the reductions made with respect to the
individual under this subsection as of the time of the payment.
``(4) The Secretary concerned shall transfer to the Secretary of
Defense amounts retained with respect to individuals under paragraph
(1) and amounts, if any, paid by individuals under paragraph (3).
``(e)(1) An individual who is enrolled in the educational benefits
program provided by chapter 32 of this title and who makes the election
described in subsection (c) shall be disenrolled from the program as of
the date of such election.
``(2) For each individual who is disenrolled from such program, the
Secretary shall transfer to Secretary of Defense any amounts in the
Post-Vietnam Era Veterans Education Account that are attributable to
the individual, including amounts in the Account that are attributable
to the individual by reason of contributions made by the Secretary of
Defense under section 3222(c) of this title.
``(f) With respect to each individual electing under this section
to become entitled to basic educational assistance under this chapter,
the Secretary concerned shall transfer to the Secretary of Defense,
from appropriations for military personnel that are available for
transfer, an amount equal to the difference between--
``(1) the amount required to be paid by the Secretary of
Defense into the Department of Defense Education Benefits Fund
with respect to such election; and
``(2) the aggregate amount transferred to the Secretary of
Defense with respect to the individual under subsections (d)
and (e).
``(g) The Secretary of Defense shall utilize amounts transferred to
such Secretary under this section for purposes of payments into the
Department of Defense Education Benefits Fund with respect to the
provision of benefits under this chapter for individuals making
elections under this section.
``(h)(1) The requirements of sections 3011(a)(3) and 3012(a)(3) of
this title shall apply to an individual who makes an election under
this section, except that the completion of service referred to in such
section shall be the completion of the period of active duty being
served by the individual on the date of the enactment of this section.
``(2) The procedures provided in regulations referred to in
subsection (c) shall provide for notice of the requirements of
subparagraphs (B), (C), and (D) of section 3011(a)(3) of this title and
of subparagraphs (B), (C), and (D) of section 3012(a)(3) of this title.
Receipt of such notice shall be acknowledged in writing.
``(i)(1) Not later than January 31, 2002, and each year thereafter,
each Secretary concerned shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on the
members of the Armed Forces under the jurisdiction of such Secretary
who were permitted to elect to become entitled to basic educational
assistance under this section during the preceding year.
``(2) Each report shall set forth--
``(A) the number of members who were permitted to elect to
become entitled to basic educational assistance under this
section during the preceding year;
``(B) the number of members so permitted who elected to
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