text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Helping Our Professionals 
  Educationally (HOPE) Act of 2001''.
  
  SEC. 2. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER 
                MONTGOMERY GI BILL BY MEMBERS OF THE ARMED FORCES WITH 
                CRITICAL MILITARY SKILLS.
  
      (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 with critical military skills
      ``(a) In General.--Subject to the provisions of this section, each 
  Secretary concerned may, for the purpose of enhancing recruitment and 
  retention of members of the Armed Forces with critical military skills 
  and at such Secretary's sole discretion, permit an individual described 
  in subsection (b) who is entitled to basic educational assistance under 
  this subchapter to elect to transfer, in whole or in part, up to one-
  half of such individual's entitlement to such assistance to the 
  dependents specified in subsection (c).
      ``(b) Eligible Individuals.--An individual referred to in 
  subsection (a) is any member of the Armed Forces who, at the time of 
  the approval by the Secretary concerned of the member's request to 
  transfer entitlement to basic educational assistance under this 
  section--
              ``(1) has completed six years of service in the Armed 
          Forces;
              ``(2) either--
                      ``(A) has a critical military skill designated by 
                  the Secretary concerned for purposes of this section; 
                  or
                      ``(B) is in a military specialty designated by the 
                  Secretary concerned for purposes of this section as 
                  requiring critical military skills; and
              ``(3) enters into an agreement to serve at least four more 
          years as a member of the Armed Forces.
      ``(c) Eligible Dependents.--An individual approved to transfer an 
  entitlement to basic educational assistance under this section may 
  transfer the individual's entitlement 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).
      ``(d) Limitation on Months of Transfer.--The total number of months 
  of entitlement transferred by an individual under this section may not 
  exceed 18 months.
      ``(e) Designation of Transferee.--An individual transferring an 
  entitlement to basic educational assistance under this section shall--
              ``(1) 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
              ``(2) specify the period for which the transfer shall be 
          effective for each dependent designated under paragraph (1).
      ``(f) Time for Transfer; Revocation and Modification.--(1) Subject 
  to the time limitation for use of entitlement under section 3031 of 
  this title, an individual approved to transfer entitlement to basic 
  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.
      ``(2)(A) An individual transferring entitlement under this section 
  may modify or revoke at any time the transfer of any unused portion of 
  the entitlement so transferred.
      ``(B) The modification or revocation of the transfer of entitlement 
  under this paragraph shall be made by the submittal of written notice 
  of the action to both the Secretary concerned and the Secretary of 
  Veterans Affairs.
      ``(g) Commencement of Use.--A dependent to whom entitlement to 
  basic educational assistance is transferred under this section may not 
  commence the use of the transferred entitlement until the following:
              ``(1) In the case of entitlement transferred to a spouse, 
          the completion by the individual making the transfer of 6 years 
          of service in the Armed Forces.
              ``(2) In the case of entitlement transferred to a child, 
          both--
                      ``(A) the completion by the individual making the 
                  transfer of 10 years of service in the Armed Forces; 
                  and
                      ``(B) either--
                              ``(i) the completion by the child of the 
                          requirements of a secondary school diploma (or 
                          equivalency certificate); or
                              ``(ii) the attainment by the child of 18 
                          years of age.
      ``(h) Additional Administrative Matters.--(1) The use of any 
  entitlement to basic educational assistance 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.
      ``(2) Except as provided under subsection (e)(2) 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.
      ``(3) The death of an individual transferring an entitlement under 
  this section shall not affect the use of the entitlement by the 
  individual to whom the entitlement is 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.
      ``(6) The purposes for which a dependent to whom entitlement is 
  transferred under this section may use such entitlement shall include 
  the pursuit and completion of the requirements of a secondary school 
  diploma (or equivalency certificate).
      ``(i) Overpayment.--(1) 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.
      ``(2) Except as provided in paragraph (3), if an individual 
  transferring entitlement under this section fails to complete the 
  service agreed to by the individual under subsection (b)(3) in 
  accordance with the terms of the agreement of the individual under that 
  subsection, the amount of any transferred entitlement under this 
  section that is used by a dependent of the individual as of the date of 
  such failure shall be treated as an overpayment of basic educational 
  assistance under paragraph (1).
      ``(3) Paragraph (2) shall not apply in the case of an individual 
  who fails to complete service agreed to by the individual--
              ``(A) by reason of the death of the individual; or
              ``(B) for a reason referred to in section 
          3011(a)(1)(A)(ii)(I) of this title.
      ``(j) Approvals of Transfer Subject to Availability of 
  Appropriations.--The Secretary concerned may approve transfers of 
  entitlement to basic 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.
      ``(k) Regulations.--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 (f)(2), and shall specify the 
  manner of the applicability of the administrative provisions referred 
  to in subsection (h)(5) to a dependent to whom entitlement is 
  transferred under this section.
      ``(l) Annual Reports.--(1) Not later than January 31, 2003, 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 transfers of entitlement to basic educational 
  assistance 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.
      ``(m) Secretary Concerned Defined.--Notwithstanding section 101(25) 
  of this title, in this section, the term `Secretary concerned' means--
              ``(1) the Secretary of the Army with respect to matters 
          concerning the Army;
              ``(2) the Secretary of the Navy with respect to matters 
          concerning the Navy or the Marine Corps;
              ``(3) the Secretary of the Air Force with respect to 
          matters concerning the Air Force; and
              ``(4) the Secretary of the Defense with respect to matters 
          concerning the Coast Guard, or the Secretary of Transportation 
          when it is not operating as a service in the Navy.''.
      (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 with critical 
                              military skills.''.
      (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, 2002, the 
  Secretary of Defense shall submit to Congress a report describing the 
  manner in which the Secretaries of the military departments and the 
  Secretary of Transportation propose to exercise the authority granted 
  by section 3020 of title 38, United States Code, as added by subsection 
  (a).
  
  SEC. 3. AUTHORITY FOR ACCELERATED PAYMENTS OF BASIC EDUCATIONAL 
                ASSISTANCE UNDER MONTGOMERY GI BILL.
  
      (a) In General.--Section 3014 of title 38, United States Code, is 
  amended by adding at the end the following new subsection:
      ``(c)(1)(A) Notwithstanding any other provision of this chapter and 
  subject to subparagraph (B), an individual entitled to basic 
  educational assistance under this subchapter may elect to receive an 
  accelerated payment of the basic educational assistance allowance.
      ``(B) The Secretary may not make an accelerated payment for a 
  course to an individual who has received an advance payment under 
  section 3680(d) of this title for the same enrollment period.
      ``(2)(A) Pursuant to an election under paragraph (1), the Secretary 
  shall make an accelerated payment to an individual for a course in a 
  lump-sum amount equal to the lesser of--
              ``(i) the amount of the educational assistance allowance 
          for the month, or fraction thereof, in which the course begins 
          plus the educational assistance allowance for each of the 
          succeeding four months; or
              ``(ii)(I) in the case of a course offered on a quarter, 
          semester, or term basis, the amount of aggregate monthly 
          educational assistance allowance otherwise payable under this 
          subchapter for the course for the entire quarter, semester, or 
          term; or
              ``(II) in the case of a course that is not offered on a 
          quarter, semester, or term basis, the amount of aggregate 
          monthly educational assistance allowance otherwise payable 
          under this subchapter for the entire course.
      ``(B) In the case of an adjustment under section 3015(h) of this 
  title in the monthly rate of basic educational assistance that occurs 
  during a period for which an accelerated payment is made under this 
  subsection, the Secretary shall pay--
              ``(i) on an accelerated basis the amount of the allowance 
          otherwise payable under this subchapter for the period without 
          regard to the adjustment under that section; and
              ``(ii) on the date of the adjustment any additional amount 
          of the allowance that is payable for the period as a result of 
          the adjustment.
      ``(3) For each accelerated payment made to an individual under this 
  subsection, the individual's entitlement under this subchapter shall be 
  charged at the same rate at which the entitlement would be charged if 
  the individual had received a monthly educational assistance allowance 
  for the period of educational pursuit covered by the accelerated 
  payment.
      ``(4) The Secretary shall prescribe regulations to carry out this 
  subsection. The regulations shall include the requirements, conditions, 
  and methods for the request, issuance, delivery, certification of 
  receipt and use, and recovery of overpayment of an accelerated payment 
  under this subsection.''.
      (b) Effective Date.--The amendment made by subsection (a) shall 
  take effect on the date that is six months after the date of the 
  enactment of this Act, and shall apply with respect to courses of 
  education beginning on or after that date.
  
  SEC. 4. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR TRAINING FOR 
                TECHNOLOGICAL OCCUPATIONS OFFERED BY ENTITIES OTHER THAN 
                EDUCATIONAL INSTITUTIONS.
  
      (a) In General.--Section 3452(c) of title 38, United States Code, 
  is amended to read as follows:
      ``(c) The term `educational institution' means the following:
              ``(1) Any public or private elementary school, secondary 
          school, vocational school, correspondence school, business 
          school, junior college, teachers' college, college, normal 
          school, professional school, university, or scientific or 
          technical institution, or other institution furnishing 
          education for adults.
              ``(2) Any entity that provides training required for 
          completion of any State-approved alternative teacher 
          certification program (as determined by the Secretary).
              ``(3) Any entity that provides, either directly or under an 
          agreement with another entity, a course or courses to fulfill 
          the requirements for the attainment of a license or certificate 
          generally recognized as necessary to obtain, maintain, or 
          advance in employment in a vocation or profession in a 
          technological occupation (as defined by the Secretary).''.
      (b) Effective Date.--The amendment made by subsection (a) shall 
  take effect on October 1, 2001, and shall apply with respect to 
  training courses, approved by the Secretary of Veterans Affairs, for 
  certification for technological occupations beginning on or after that 
  date.
  
  SEC. 5. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF SELECTED 
                RESERVE OF ENTITLEMENT TO CERTAIN EDUCATIONAL ASSISTANCE.
  
      Section 16133(b) of title 10, United States Code, is amended by 
  adding at the end the following new paragraph:
      ``(5)(A) In the case of a person who continues to serve as member 
  of the Selected Reserve as of the end of the 10-year period applicable 
  to the person under subsection (a), as extended, if at all, under 
  paragraph (4), the period during which the person may use the person's 
  entitlement shall expire at the end of the 5-year period beginning on 
  the date the person is separated from the Selected Reserve.
      ``(B) Subparagraph (A) shall not apply with respect to an 
  individual otherwise described by that subparagraph who is separated 
  from the armed forces under other than honorable conditions.
      ``(C) The provisions of paragraph (4) shall apply with respect to 
  any period of active duty of a person referred to in subparagraph (A) 
  during the 5-year period referred to in that subparagraph.''.
target: Helping Our Professionals Educationally (HOPE) Act of 2001 - Authorizes the Secretary of each military department to permit a member who is entitled to basic educational assistance under the Veterans Educational Assistance Program (VEAP), has served at least six years, has a critical military skill or is in a military specialty designated as critical, and agrees to serve at least four more years to transfer such assistance to one or more dependents. Allows up to 18 months of entitlement to be transferred. Prohibits a spouse from using such assistance until the transferor has completed six years of service. Prohibits a child from using such assistance until the transferor has completed ten years of service and the child has completed secondary school requirements or is 18 years of age.Authorizes a VEAP-entitled individual to elect to receive an accelerated lump-sum payment of basic educational assistance, under specified conditions.Makes Montgomery GI Bill benefits available for training which leads to licensing or certification in technological occupations.Makes members who continue in the Selected Reserve beyond the ten-year period required for entitlement to educational assistance eligible for such assistance for five years after separation from such service (unless such separation is under other than honorable conditions).
feat_title: A bill to amend title 38, United States Code, to permit the transfer of entitlement to educational assistance the Montgomery GI Bill by members of the Armed Forces, and for other purposes.