II 

108TH CONGRESS 

2D SESSION S. 2561

To amend title 38, United States Code, to provide for certain servicemembers 

to become eligible for educational assistance under the Montgomery GI Bill. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23 (legislative day, JUNE 22), 2004

Mr. JOHNSON introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL

To amend title 38, United States Code, to provide for certain 

servicemembers to become eligible for 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,

3 SECTION 1. SHORT TITLE. 

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

5 Enhancement Act of 2004’’. 
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1 SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PER2 SONNEL TO ENROLL UNDER THE MONT3 GOMERY GI BILL. 

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

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

6 the following new section: 

7 ‘‘§ 3018D. Opportunity for certain active-duty per8 sonnel to enroll 

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

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

11 of the enactment of this section, a qualified individual (de12 scribed in subsection (b)) may make an irrevocable elec13 tion under this section to become entitled to basic edu14 cational assistance under this chapter. 

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

16 provide for procedures for a qualified individual to make 

17 an irrevocable election under this section in accordance 

18 with regulations prescribed by the Secretary of Defense 

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

20 Secretary of Homeland Security shall provide for such 

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

22 operating as a service in the Navy. 

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

24 (a) is an individual who meets each of the following re25 quirements: 
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1 ‘‘(1) The individual first became a member of 

2 the Armed Forces or first entered on active duty as 

3 a member of the Armed Forces before July 1, 1985. 

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

5 without a break in service since the date the indi6 vidual first became such a member or first entered 

7 on active duty as such a member and continues to 

8 serve on active duty for some or all of the one-year 

9 period referred to in subsection (a). 

10 ‘‘(3) The individual, before applying for benefits 

11 under this section, has completed the requirements 

12 of a secondary school diploma (or equivalency certifi13 cate) or has successfully completed (or otherwise re14 ceived academic credit for) the equivalent of 12 se15 mester hours in a program of education leading to 

16 a standard college degree. 

17 ‘‘(4) The individual, when discharged or re18 leased from active duty, is discharged or released 

19 therefrom with an honorable discharge. 

20 ‘‘(c)(1) Subject to the succeeding provisions of this 

21 subsection, with respect to a qualified individual who 

22 makes an election under this section to become entitled 

23 to basic educational assistance under this chapter—

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

25 shall be reduced (in a manner determined by the 
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1 Secretary concerned) until the total amount by 

2 which such basic pay is reduced is $2,700; and 

3 ‘‘(B) to the extent that basic pay is not so re4 duced before the qualified individual’s discharge or 

5 release from active duty as specified in subsection 

6 (b)(4), at the election of the qualified individual—

7 ‘‘(i) the Secretary concerned shall collect 

8 from the qualified individual; or 

9 ‘‘(ii) the Secretary concerned shall reduce 

10 the retired or retainer pay of the qualified indi11 vidual by, 

12 an amount equal to the difference between $2,700 

13 and the total amount of reductions under subpara14 graph (A), which shall be paid into the Treasury of 

15 the United States as miscellaneous receipts. 

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

17 18-month period, beginning on the date the qualified indi18 vidual makes an election under this section, for the quali19 fied individual to pay that Secretary the amount due 

20 under paragraph (1). 

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

22 as modifying the period of eligibility for and entitlement 

23 to basic educational assistance under this chapter applica24 ble under section 3031 of this title. 
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1 ‘‘(d) With respect to qualified individuals referred to 

2 in subsection (c)(1)(B), no amount of educational assist3 ance allowance under this chapter shall be paid to the 

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

5 ‘‘(1) the Secretary concerned collects the appli6 cable amount under clause (i) of such subsection; or 

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

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

9 subsection. 

10 ‘‘(e) The Secretary, in conjunction with the Secretary 

11 of Defense, shall provide for notice of the opportunity 

12 under this section to elect to become entitled to basic edu13 cational assistance under this chapter.’’. 

14 (b) CONFORMING AMENDMENTS.—Section 

15 3017(b)(1) of such title is amended—

16 (1) in subparagraphs (A) and (C), by striking 

17 ‘‘or 3018C(e)’’ and inserting ‘‘3018C(e), or 

18 3018D(c)’’; and 

19 (2) in subparagraph (B), by inserting ‘‘or 

20 3018D(c)’’ after ‘‘under section 3018C(e)’’. 

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

22 at the beginning of chapter 30 of such title is amended 

23 by inserting after the item relating to section 3018C the 

24 following new item:

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

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