I 

110TH CONGRESS 

1ST SESSION H. R. 2417 

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 

MAY 21, 2007 

Mr. VISCLOSKY (for himself, Mr. VAN HOLLEN, Mr. BURTON of Indiana, Ms. 

MATSUI, Mrs. CHRISTENSEN, Mr. BERMAN, Mr. FORTUN ̃O, Mr. BRADY

of Pennsylvania, Mr. BISHOP of Georgia, Mr. MOORE of Kansas, Mr. 

RUPPERSBERGER, Mr. HONDA, Mr. CLEAVER, Mr. PLATTS, Mr. HOBSON, Mr. MCDERMOTT, Ms. KILPATRICK, Ms. CARSON, Mr. HINCHEY, 

Mr. TOWNS, Mr. RYAN of Ohio, Ms. WOOLSEY, Ms. BERKLEY, Mrs. 

BOYDA of Kansas, Mr. TAYLOR, Mr. CONYERS, Mr. MITCHELL, Mrs. JO

ANN DAVIS of Virginia, Mr. CARNEY, Mr. PETERSON of Minnesota, Ms. 

DELAURO, Ms. SCHAKOWSKY, and Mr. BRALEY of Iowa) 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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Second Chance Act of 2007’’. 

6 SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO 

7 WITHDRAW AN ELECTION NOT TO PARTICI8 PATE IN THE MONTGOMERY GI BILL EDU9 CATION PROGRAM. 

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

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

12 the following new section: 

13 ‘‘§ 3018D. Opportunity for certain active-duty per14 sonnel to enroll 

15 ‘‘(a) OPPORTUNITY TO ENROLL.—(1) Notwith16 standing any other provision of this chapter, during the 

17 month of October in any year, beginning with 2007, (here18 inafter in this section referred to as the ‘open season’) 

19 a qualified individual (described in subsection (b)) may 

20 make an irrevocable election under this section to become 

21 entitled to basic educational assistance under this chapter. 

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

23 provide for procedures for a qualified individual to make 

24 an irrevocable election under this section in accordance 

25 with regulations prescribed by the Secretary of Defense 


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

2 Secretary of Homeland Security shall provide for such 

3 purpose with respect to the Coast Guard when it is not 

4 operating as a service in the Navy. 

5 ‘‘(b) QUALIFIED INDIVIDUAL.—A qualified individual 

6 referred to in subsection (a) is an individual who meets 

7 each of the following requirements: 

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

9 the Armed Forces or first entered on active duty as 

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

11 July 1, 1985. 

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

13 without a break in service since the date the indi14 vidual first became such a member or first entered 

15 on active duty as such a member. 

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

17 during the open season of the year involved. 

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

19 under this section, has completed the requirements 

20 of a secondary school diploma (or equivalency certifi21 cate) or has successfully completed (or otherwise re22 ceived academic credit for) the equivalent of 12 se23 mester hours in a program of education leading to 

24 a standard college degree. 


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1 ‘‘(5) The individual, when discharged or re2 leased from active duty, is discharged or released 

3 therefrom with an honorable discharge. 

4 ‘‘(c) ENROLLMENT FEE.—(1) Subject to the suc5 ceeding provisions of this subsection, with respect to a 

6 qualified individual who makes an election under this sec7 tion to become entitled to basic educational assistance 

8 under this chapter— 

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

10 shall be reduced (in a manner determined by the 

11 Secretary concerned) until the total amount by 

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

13 ‘‘(B) to the extent that basic pay is not so re14 duced before the qualified individual’s discharge or 

15 release from active duty as specified in subsection 

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

17 ‘‘(i) the Secretary concerned shall collect 

18 from the qualified individual; or 

19 ‘‘(ii) the Secretary concerned shall reduce 

20 the retired or retainer pay of the qualified indi21 vidual by, an amount equal to the difference be22 tween $1,200 and the total amount of reduc23 tions under subparagraph (A), which shall be 

24 paid into the Treasury of the United States as 

25 miscellaneous receipts. 


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

2 18-month period, beginning on the date the qualified indi3 vidual makes an election under this section, for the quali4 fied individual to pay that Secretary the amount due 

5 under paragraph (1). 

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

7 as modifying the period of eligibility for and entitlement 

8 to basic educational assistance under this chapter applica9 ble under section 3031 of this title. 

10 ‘‘(d) LIMITATION.—With respect to qualified individ11 uals referred to in subsection (c)(1)(B), no amount of edu12 cational assistance allowance under this chapter shall be 

13 paid to the qualified individual until the earlier of the date 

14 on which— 

15 ‘‘(1) the Secretary concerned collects the appli16 cable amount under clause (i) of such subsection; or 

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

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

19 subsection. 

20 ‘‘(e) NOTICE REQUIRED.—The Secretary concerned, 

21 in conjunction with the Secretary of Defense, shall provide 

22 for notice of the opportunity under this section to elect 

23 to become entitled to basic educational assistance under 

24 this chapter.’’. 


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

2 3011(c)(1) and 3012(d)(1) of such title are each amended 

3 by striking ‘‘Any individual’’ in the third sentence and in4 serting ‘‘Subject to section 3018D of this title, any indi5 vidual’’. 

6 (2) Section 3015(f) of such title is amended by strik7 ing ‘‘or 3018C’’ and inserting ‘‘3018C, or 3018D’’. 

8 (3) Section 3017(b)(1) of such title is amended— 

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

10 3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’; 

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

12 3018D(d)’’ after ‘‘3018C(e)’’; or 

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

14 3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’. 

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

16 at the beginning of such chapter is amended by inserting 

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

18 item: 

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

Æ 


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