I 

109TH CONGRESS 

1ST SESSION H. R. 3195 

To amend title 38, United States Code, and title 10, United States Code, 

to provide for an opportunity for active duty personnel to withdraw 

an election not to participate in the program of educational assistance 

under the Montgomery GI Bill. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. VISCLOSKY (for himself, Mr. KILDEE, Mr. BERRY, Mr. RANGEL, Mr. 

RUPPERSBERGER, Ms. SOLIS, Mr. GRIJALVA, Mr. MCDERMOTT, Mr. 

TOWNS, Mr. LYNCH, Mr. MCGOVERN, and Mr. TANNER) 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, and title 10, United 

States Code, to provide for an opportunity for active 

duty personnel to withdraw an election not to participate 

in the program of educational assistance under the Montgomery GI Bill. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Montgomery GI Bill 

3 Second Chance Act of 2005’’. 

4 SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO 

5 WITHDRAW AN ELECTION NOT TO PARTICI6 PATE IN THE MONTGOMERY GI BILL EDU7 CATION PROGRAM. 

8 (a) IN GENERAL.—Chapter 30 of title 38, United 

9 States Code, is amended by inserting after section 3018C 

10 the following new section: 

11 ‘‘§ 3018D. Opportunity for certain active-duty per12 sonnel to enroll 

13 ‘‘(a)(1) Notwithstanding any other provision of this 

14 chapter, during the month of October in any year, begin15 ning with 2005, (hereinafter in this section referred to as 

16 the ‘open season’) a qualified individual (described in sub17 section (b)) may make an irrevocable election under this 

18 section to become entitled to basic educational assistance 

19 under this chapter. 

20 ‘‘(2) The Secretary of each military department shall 

21 provide for procedures for a qualified individual to make 

22 an irrevocable election under this section in accordance 

23 with regulations prescribed by the Secretary of Defense 

24 for the purpose of carrying out this section or which the 

25 Secretary of Homeland Security shall provide for such 
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1 purpose with respect to the Coast Guard when it is not 

2 operating as a service in the Navy. 

3 ‘‘(b) A qualified individual referred to in subsection 

4 (a) is an individual who meets each of the following re5 quirements: 

6 ‘‘(1) The individual first became a member of 

7 the Armed Forces or first entered on active duty as 

8 a member of the Armed Forces before, on, or after 

9 July 1, 1985. 

10 ‘‘(2) The individual has served on active duty 

11 without a break in service since the date the indi12 vidual first became such a member or first entered 

13 on active duty as such a member. 

14 ‘‘(3) The individual is serving on active duty 

15 during the open season of the year involved. 

16 ‘‘(4) The individual, before applying for benefits 

17 under this section, has completed the requirements 

18 of a secondary school diploma (or equivalency certifi19 cate) or has successfully completed (or otherwise re20 ceived academic credit for) the equivalent of 12 se21 mester hours in a program of education leading to 

22 a standard college degree. 

23 ‘‘(5) The individual, when discharged or re24 leased from active duty, is discharged or released 

25 therefrom with an honorable discharge. 
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1 ‘‘(c)(1) Subject to the succeeding provisions of this 

2 subsection, with respect to a qualified individual who 

3 makes an election under this section to become entitled 

4 to basic educational assistance under this chapter— 

5 ‘‘(A) the basic pay of the qualified individual 

6 shall be reduced (in a manner determined by the 

7 Secretary concerned) until the total amount by 

8 which such basic pay is reduced is $1,200; and 

9 ‘‘(B) to the extent that basic pay is not so re10 duced before the qualified individual’s discharge or 

11 release from active duty as specified in subsection 

12 (b)(5), at the election of the qualified individual— 

13 ‘‘(i) the Secretary concerned shall collect 

14 from the qualified individual; or 

15 ‘‘(ii) the Secretary concerned shall reduce 

16 the retired or retainer pay of the qualified indi17 vidual by, an amount equal to the difference be18 tween $1,200 and the total amount of reduc19 tions under subparagraph (A), which shall be 

20 paid into the Treasury of the United States as 

21 miscellaneous receipts. 

22 ‘‘(2)(A) The Secretary concerned shall provide for an 

23 18-month period, beginning on the date the qualified indi24 vidual makes an election under this section, for the quali-
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1 fied individual to pay that Secretary the amount due 

2 under paragraph (1). 

3 ‘‘(B) Nothing in subparagraph (A) shall be construed 

4 as modifying the period of eligibility for and entitlement 

5 to basic educational assistance under this chapter applica6 ble under section 3031 of this title. 

7 ‘‘(d) With respect to qualified individuals referred to 

8 in subsection (c)(1)(B), no amount of educational assist9 ance allowance under this chapter shall be paid to the 

10 qualified individual until the earlier of the date on which— 

11 ‘‘(1) the Secretary concerned collects the appli12 cable amount under clause (i) of such subsection; or 

13 ‘‘(2) the retired or retainer pay of the qualified 

14 individual is first reduced under clause (ii) of such 

15 subsection. 

16 ‘‘(e)(1) Except as provided in paragraph (3), a quali17 fied individual who is enrolled in the educational benefits 

18 program provided by chapter 32 of this title and who 

19 makes the election described in subsection (a)(1) shall be 

20 disenrolled from such chapter 32 program as of the date 

21 of such election. 

22 ‘‘(2) For each individual who is disenrolled from such 

23 program, the Secretary shall refund— 

24 ‘‘(A) to the individual, as provided in section 

25 3223(b) of this title and subject to subsection (b)(2) 
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1 of this section, the unused contributions made by the 

2 individual to the Post-Vietnam Era Veterans Edu3 cation Account established pursuant to section 

4 3222(a) of this title; and 

5 ‘‘(B) to the Secretary of Defense the unused 

6 contributions (other than contributions made under 

7 section 3222(c) of this title) made by such Secretary 

8 to the Account on behalf of such individual. 

9 ‘‘(3) Any contribution made by the Secretary of De10 fense to the Post-Vietnam Era Veterans Education Ac11 count pursuant to subsection (c) of section 3222 of this 

12 title on behalf of any individual referred to in paragraph 

13 (1) shall remain in such account to make payments of ben14 efits to such individual under section 3015(f) of this title. 

15 ‘‘(f) The Secretary concerned, in conjunction with the 

16 Secretary of Defense, shall provide for notice of the oppor17 tunity under this section to elect to become entitled to 

18 basic educational assistance under this chapter.’’. 

19 (b) CONFORMING AMENDMENTS.—(1) Sections 

20 3011(c)(1) and 3012(d)(1) of such title are each amended 

21 by striking ‘‘Any individual’’ in the third sentence and in22 serting ‘‘Subject to section 3018D of this title, any indi23 vidual’’. 

24 (2) Section 3015(f) of such title is amended by strik25 ing ‘‘or 3018C’’ and inserting ‘‘3018C, or 3018D’’. 
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1 (3) Section 3017(b)(1) of such title is amended— 

2 (A) in subparagraph (A), by striking ‘‘or 

3 3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’; 

4 (B) in subparagraph (B), by inserting ‘‘or 

5 3018D(d)’’ after ‘‘3018C(e)’’; or 

6 (C) in subparagraph (C), by striking ‘‘or 

7 3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’. 

8 (c) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 3018C the following new 

11 item: 

‘‘3018D. Opportunity for certain active-duty personnel to enroll.’’. 

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