I 

110TH CONGRESS 

1ST SESSION H. R. 1969 

To exempt from payment of individual contributions under the Montgomery 

GI Bill enlisted members of the Armed Forces in pay grade E–5 or 

below and to provide an opportunity for members of the Armed Forces 

serving on active duty to withdraw an election not to enroll in education 

benefits under the Montgomery GI Bill. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 19, 2007 

Mr. TERRY 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 exempt from payment of individual contributions under 

the Montgomery GI Bill enlisted members of the Armed 

Forces in pay grade E–5 or below and to provide an 

opportunity for members of the Armed Forces serving 

on active duty to withdraw an election not to enroll 

in education benefits 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 G.I. Bill 

3 Improvement Act of 2007’’. 

4 SEC. 2. EXEMPTION FROM PAYMENT OF INDIVIDUAL CON5 TRIBUTIONS UNDER MONTGOMERY GI BILL 

6 OF CERTAIN ENLISTED MEMBERS OF THE 

7 ARMED FORCES. 

8 Section 3011(b) of title 38, United States Code, is 

9 amended— 

10 (1) in paragraph (1), by striking ‘‘paragraph 

11 (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4) In the case of an individual covered by para15 graph (1) who is an enlisted member of the Armed Forces 

16 in pay grade E–5 or below, the basic pay of the individual 

17 shall not be reduced under paragraph (1).’’. 

18 SEC. 3. OPPORTUNITY FOR INDIVIDUALS WHO SERVE AS 

19 ACTIVE DUTY MEMBERS OF THE ARMED 

20 FORCES TO WITHDRAW ELECTION NOT TO 

21 ENROLL IN MONTGOMERY GI BILL. 

22 (a) IN GENERAL.—Section 3018 of title 38, United 

23 States Code, is amended— 

24 (1) by redesignating subsections (c) and (d) as 

25 subsection (d) and (e), respectively; 

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1 (2) by inserting after subsection (b) the fol2 lowing new subsection (c): 

3 ‘‘(c)(1) Notwithstanding any other provision of this 

4 chapter, during the one-year period beginning on the date 

5 of the enactment of this subsection, an individual who is 

6 serving on active duty as a member of the Armed Forces 

7 on the date of the enactment of this subsection shall have 

8 the opportunity, on such form as the Secretary of Defense 

9 shall prescribe, to withdraw an election under section 

10 3011(c)(1) of this title not to receive education assistance 

11 under this chapter. 

12 ‘‘(2) An individual described paragraph (1) who made 

13 an election under section 3011(c)(1) of this title and 

14 who— 

15 ‘‘(A) while serving on active duty during the 

16 one-year period beginning on the date of the enact17 ment of this subsection makes a withdrawal of such 

18 election; 

19 ‘‘(B) continues to serve the period of service 

20 which such individual was obligated to serve; 

21 ‘‘(C) serves the obligated period of service de22 scribed in subparagraph (B) or before completing 

23 such obligated period of service is described by sub24 section (b)(3)(B); and 

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1 ‘‘(D) meets the requirements set forth in para2 graphs (4) and (5) of subsection (b), 

3 is entitled to basic educational assistance under this chap4 ter.’’; 

5 (3) in subsection (d), as so redesignated, by in6 serting ‘‘or (c)(2)(A) (other than an individual cov7 ered by section 3011(b)(4) of this title)’’ after 

8 ‘‘(b)(1)’’; and 

9 (4) in subsection (e), as so redesignated, by in10 serting ‘‘or (c)(2)(A)’’ after ‘‘(b)(1)’’. 

11 (b) NOTIFICATION REQUIREMENT.—The Secretary 

12 of Defense shall provide to each individual who is serving 

13 on active duty as a member of the Armed Forces on the 

14 date of the enactment of this subsection notice of the op15 portunity to withdraw an election under section 

16 3011(c)(1) of title 38, United States Code, not to receive 

17 education assistance under chapter 30 of such title. 

18 (c) CONFORMING AMENDMENTS.—Such title is fur19 ther amended in sections 3013(c)(2)(A) and 

20 3017(b)(1)(A), by striking ‘‘3018(c)’’ and inserting 

21 ‘‘3018(d)’’. 

Æ 

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