OPPORTUNITY FOR CERTAIN PERSONNEL TO ENROLL IN MONTGOMERY GI BILL BEFORE BEING INVOLUNTARILY SEPARATED FROM SERVICE

SEC. 561. OPPORTUNITY FOR CERTAIN PERSONNEL TO ENROLL IN MONTGOMERY GI BILL BEFORE BEING INVOLUNTARILY SEPARATED FROM SERVICE (a) In General.— (1) Subchapter II of chapter 30 of title 38, United States Code, is amended by inserting after section 1418 the following: 104 STAT. 1572 “§ 1418A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service “(a) Notwithstanding any other provision of law, an individual who— “(1) after December 31, 1990, or the end of the 90-day period beginning on the date of the enactment of this section, whichever is later, is involuntarily separated (as such term is defined in section 1142 of title 10) with an honorable discharge; “(2) 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; “(3) in the case of any individual who has made an election under section 1411(c)(1) or 1412(d)(1) of this title, withdraws such election before such separation 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; “(4) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3) of this subsection, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and “(5) before such separation elects to receive assistance under this section pursuant to procedures referred to in paragraph (3) of this subsection, is entitled to basic educational assistance under this chapter. “(b) The basic pay of an individual described in subsection (a) of this section shall be reduced by $1,200. “(c) A withdrawal referred to in subsection (a)(3) of this section is irrevocable. “(d) (1) Except as provided in paragraph (3) of this subsection, 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 (a)(4) of this subsection shall be disenrolled from such chapter 32 program as of the date of such election. “(2) For each individual who is disenrolled from such program, the Secretary shall refund— “(A) as provided in section 1623(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 1622(a) of this title; and “(B) to the Secretary of Defense the unused contributions (other than contributions made under section 1622(c) of this title) made by such Secretary to the Account on behalf of such individual. “(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 1622 of this title on behalf of any individual referred to in paragraph (1) of this subsection shall remain in such104 STAT. 1573 Account to make payments of benefits to such individual under section 1415(e) of this chapter.”. (2) The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 1418 the following new item: ”1418A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service.”. (b) Conforming Amendments.— (1) Section 1413 of such title is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): “(d) Subject to section 1795 of this title, each individual entitled to educational benefits under section 1418A of this title is entitled to the lesser of— “(1) 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance); or “(2) the number of months of such educational assistance (or such equivalent thereof) that is equal to the number of months served by such individual on active duty.”. (2) Section 1415 of such title is amended by adding at the end the following new subsection: “(e) In the case of an individual for whom the Secretary of Defense made contributions under section 1622(c) of this title and who is entitled to educational assistance under section 1418A of this chapter, the Secretary shall increase the rate of the basic educational assistance allowance applicable to such individual in excess of the rate provided under subsection (a) of this section in a manner consistent with, as determined by the Secretary of Defense, the agreement entered into with such individual pursuant to the rules and regulations issued by the Secretary of Defense under section 1622(c) of this title.”. (3) Section 1435(b) of such title is amended— (A) in paragraph (1), by striking out “paragraph (2)” and inserting in lieu thereof “paragraphs (2) and (3)”; and (B) by adding at the end the following: “(3) Payment for entitlements established under section 1418A of this title shall be made— “(A) except as provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under section 2006 of title 10; “(B) in the case of any individual described in section 1418A(a)(3) of this title, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and “(C) in the case of the increase in payments made under section 1415(e) of this title, from the Post-Vietnam Era Veterans Education Account established pursuant to section 1622(a) of this title.”.