I 

108TH CONGRESS 

2D SESSION H. R. 4468

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 20, 2004

Mr. VISCLOSKY (for himself, Mr. ACEVEDO-VILA ́, Mr. GRIJALVA, Mr. 

MCDERMOTT, Mr. TOWNS, Mr. LYNCH, and Mr. SANDLIN) 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,

3 SECTION 1. SHORT TITLE. 

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

5 Second Chance Act of 2004’’. 
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1 SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO 

2 WITHDRAW AN ELECTION NOT TO PARTICI3 PATE IN THE MONTGOMERY GI BILL EDU4 CATION PROGRAM. 

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

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

7 the following new section: 

8 ‘‘§ 3018D. Opportunity for certain active-duty per9 sonnel to enroll 

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

11 chapter, during the month of October in any year, begin12 ning with 2004, (hereinafter in this section referred to as 

13 the ‘open season’) a qualified individual (described in sub14 section (b)) may make an irrevocable election under this 

15 section to become entitled to basic educational assistance 

16 under this chapter. 

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

18 provide for procedures for a qualified individual to make 

19 an irrevocable election under this section in accordance 

20 with regulations prescribed by the Secretary of Defense 

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

22 Secretary of Homeland Security shall provide for such 

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

24 operating as a service in the Navy. 
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1 ‘‘(b) A qualified individual referred to in subsection 

2 (a) is an individual who meets each of the following re3 quirements: 

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

5 the Armed Forces or first entered on active duty as 

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

7 July 1, 1985. 

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

9 without a break in service since the date the indi10 vidual first became such a member or first entered 

11 on active duty as such a member. 

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

13 during the open season of the year involved. 

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

15 under this section, has completed the requirements 

16 of a secondary school diploma (or equivalency certifi17 cate) or has successfully completed (or otherwise re18 ceived academic credit for) the equivalent of 12 se19 mester hours in a program of education leading to 

20 a standard college degree. 

21 ‘‘(5) The individual, when discharged or re22 leased from active duty, is discharged or released 

23 therefrom with an honorable discharge. 

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

25 subsection, with respect to a qualified individual who 
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1 makes an election under this section to become entitled 

2 to basic educational assistance under this chapter—

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

4 shall be reduced (in a manner determined by the 

5 Secretary concerned) until the total amount by 

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

7 ‘‘(B) to the extent that basic pay is not so re8 duced before the qualified individual’s discharge or 

9 release from active duty as specified in subsection 

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

11 ‘‘(i) the Secretary concerned shall collect 

12 from the qualified individual; or 

13 ‘‘(ii) the Secretary concerned shall reduce 

14 the retired or retainer pay of the qualified indi15 vidual by, 

16 an amount equal to the difference between $1,200 

17 and the total amount of reductions under subpara18 graph (A), which shall be paid into the Treasury of 

19 the United States as miscellaneous receipts. 

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

21 18-month period, beginning on the date the qualified indi22 vidual makes an election under this section, for the quali23 fied individual to pay that Secretary the amount due 

24 under paragraph (1). 
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1 ‘‘(B) Nothing in subparagraph (A) shall be construed 

2 as modifying the period of eligibility for and entitlement 

3 to basic educational assistance under this chapter applica4 ble under section 3031 of this title. 

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

6 in subsection (c)(1)(B), no amount of educational assist7 ance allowance under this chapter shall be paid to the 

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

9 ‘‘(1) the Secretary concerned collects the appli10 cable amount under clause (i) of such subsection; or 

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

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

13 subsection. 

14 ‘‘(e)(1) Except as provided in paragraph (3), a quali15 fied individual who is enrolled in the educational benefits 

16 program provided by chapter 32 of this title and who 

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

18 disenrolled from such chapter 32 program as of the date 

19 of such election. 

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

21 program, the Secretary shall refund—

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

23 3223(b) of this title and subject to subsection (b)(2) 

24 of this section, the unused contributions made by the 

25 individual to the Post-Vietnam Era Veterans Edu-
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1 cation Account established pursuant to section 

2 3222(a) of this title; and 

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

4 contributions (other than contributions made under 

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

6 to the Account on behalf of such individual. 

7 ‘‘(3) Any contribution made by the Secretary of De8 fense to the Post-Vietnam Era Veterans Education Ac9 count pursuant to subsection (c) of section 3222 of this 

10 title on behalf of any individual referred to in paragraph 

11 (1) shall remain in such account to make payments of ben12 efits to such individual under section 3015(f) of this title. 

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

14 Secretary of Defense, shall provide for notice of the oppor15 tunity under this section to elect to become entitled to 

16 basic educational assistance under this chapter.’’. 

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

18 3011(c)(1) and 3012(d)(1) of such title are each amended 

19 by striking ‘‘Any individual’’ in the third sentence and in20 serting ‘‘Subject to section 3018D of this title, any indi21 vidual’’. 

22 (2) Section 3015(f) of such title is amended by strik23 ing ‘‘or 3018C’’ and inserting ‘‘3018C, or 3018D’’. 

24 (3) Section 3017(b)(1) of such title is amended—
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1 (A) in subparagraph (A), by striking ‘‘or 

2 3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’; 

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

4 3018D(d)’’ after ‘‘3018C(e)’’; or 

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

6 3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’. 

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

8 at the beginning of such chapter is amended by inserting 

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

10 item:

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

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