Pub. L. 106-419, tit. I, subtit. A, sec. 104
ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICIPANTS TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.
SEC. 104. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICIPANTS TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) Special Enrollment Period.—Section 3018C is amended by adding at the end the following new subsection: “(e)(1) A qualified individual (described in paragraph (2)) may make an irrevocable election under this subsection, during the one-year period beginning on the date of the enactment of this subsection, to become entitled to basic educational assistance under this chapter. Such an election shall be made in the same manner as elections made under subsection (a)(5). “(2) A qualified individual referred to in paragraph (1) is an individual who meets each of the following requirements: “(A) The individual was a participant in the educational benefits program under chapter 32 of this title on or before October 9, 1996. “(B) The individual has continuously served on active duty since October 9, 1996 (excluding the periods referred to in section 3202(l)(C) of this title), through at least April, 1, 2000. “(C) The individual meets the requirements of subsection (a)(3). “(D) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. “(3)(A) Subject to the succeeding provisions of this paragraph, with respect to a qualified individual who makes an election under paragraph (1) to become entitled to basic education assistance under this chapter— “(i) 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 $2,700; and “(ii) to the extent that basic pay is not so reduced before the qualified individual’s discharge or release from active duty as specified in subsection (a)(4), at the election of the qualified individual— “(I) the Secretary concerned shall collect from the qualified individual; or “(II) the Secretary concerned shall 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 clause (i), which shall be paid into the Treasury of the United States as miscellaneous receipts. “(B)(i) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an 114 STAT. 1828election under paragraph (1), for the qualified individual to pay that Secretary the amount due under subparagraph (A). “(ii) Nothing in clause (i) shall be construed as modifying the period of eligibility for and entitlement to basic education assistance under this chapter applicable under section 3031 of this title. “(C) The provisions of subsection (c) shall apply to qualified individuals making elections under this subsection in the same manner as they applied to individuals making elections under subsection (a)(5). “(4) With respect to qualified individuals referred to in para-graph (3)(A)(ii), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which— “(A) the Secretary concerned collects the applicable amount under subclause (I) of such paragraph; or “(B) the retired or retainer pay of the qualified individual is first reduced under subclause (II) of such paragraph. “(5) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice to participants in the educational benefits program under chapter 32 of this title of the opportunity under this subsection to elect to become entitled to basic educational assistance under this chapter.”. (b) Conforming Amendment.—Section 3018C(b) is amended by striking “subsection (a)” and inserting “subsection (a) or (e)”. (c) Coordination Provisions.—(1) If this Act is enacted before the provisions of the Floyd D Spence National Defense Authorization Act for Fiscal Year 2001 are enacted into law, section 1601of that Act, including the amendments made by that section, shall not take effect. If this Act is enacted after the provisions of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 are enacted into law, then as of the enactment of this Act, the amendments made by section 1601 of that Act shall be deemed for all purposes not to have taken effect and that section shall cease to be in effect. (2) If the Veterans Claims Assistance Act of 2000 is enacted before the provisions of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 are enacted into law, section1611 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, including the amendments made by that section, shall not take effect. If the Veterans Claims Assistance Act of 2000 is enacted after the provisions of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 are enacted into law, then as of the enactment of the Veterans Claims Assistance Act of 2000, the amendments made by section 1611 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 shall be deemed for all purposes not to have taken effect and that section shall cease to be in effect.