[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6100 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6100
To amend title 38, United States Code, to provide for certain
servicemembers to become eligible for educational assistance under the
Montgomery GI Bill.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2006
Mr. Bilirakis introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for certain
servicemembers to become eligible for educational assistance under the
Montgomery GI Bill.
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 ``Military Education Enhancement
Opportunities Act of 2006''.
SEC. 2. 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 new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
``(a)(1) Notwithstanding any other provision of law, an individual
described in subsection (b) who makes an irrevocable election under
this section during the one-year period beginning on the date of the
enactment of this section, shall be entitled to 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) An individual described in this subsection is an individual
who--
``(1) first became a member of the Armed Forces or first
entered on active duty as a member of the Armed Forces on or
after January 1, 1977, and before July 1, 1985;
``(2) has served on active duty without a break in service
since the date the individual first became such a member or
first entered on active duty as such a member and continues to
serve on active duty for some or all of the one-year period
referred to in subsection (a);
``(3) has not enrolled in the educational benefits program
provided by chapter 32 of this title;
``(4) before making an election under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or 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; and
``(5) when discharged or released from active duty, is
discharged or released therefrom with an honorable discharge.
``(c)(1) Subject to the succeeding provisions of this subsection,
with respect to an individual described in subsection (b) who makes an
election under this section to become entitled to basic educational
assistance under this chapter--
``(A) the basic pay of the individual shall be reduced (in
a manner determined by the Secretary concerned) until the total
amount by which such basic pay is reduced is $2,700; and
``(B) to the extent that the basic pay of the individual is
not so reduced before the qualified individual's discharge or
release from active duty as specified in subsection (b)(4), at
the election of the qualified individual, the Secretary
concerned shall collect from the qualified individual or reduce
the retired or retainer pay of the qualified individual by an
amount equal to the difference between $2,700 and the total
amount of reductions under subparagraph (A), which shall be
paid into the Treasury of the United States as miscellaneous
receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the individual makes an election under
this section, for the 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 individuals described in subsection (b) from
whom the Secretary is required to collect an amount under paragraph (1)
of subsection (c), no amount of educational assistance allowance under
this chapter shall be paid to the individual until the earlier of the
date on which--
``(1) the Secretary concerned collects the applicable
amount under subparagraph (A) of such paragraph; or
``(2) the retired or retainer pay of the individual is
first reduced under subparagraph (B) of such paragraph.
``(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.--Such title is further amended--
(1) in section 3013(d), by striking ``or 3018C'' and
inserting ``3018C, or 3018D''; and
(2) in section 3017(b)(1) of such title is amended--
(A) in subparagraphs (A) and (C), by striking ``or
3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
(B) 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 such title is amended by inserting after the item
relating to section 3018C the following new item:
``3018D. Opportunity for certain active-duty personnel to enroll.''.
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