I 
108TH CONGRESS 
1ST SESSION H. R. 2174
To amend title 38, United States Code, to provide for any servicemember 
who did not enroll for the program of educational assistance under 
the Montgomery GI Bill an opportunity to enroll for that program. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2003
Mr. RODRIGUEZ introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned 
A BILL 
To amend title 38, United States Code, to provide for any 
servicemember who did not enroll for the program of 
educational assistance under the Montgomery GI Bill 
an opportunity to enroll for that program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Educational Access 
for America’s Soldiers Act of 2003’’.
SEC. 2. OPPORTUNITY FOR ACTIVE-DUTY PERSONNEL TO 
ENROLL UNDER THE MONTGOMERY GI BILL. 
(a) IN GENERAL.—Chapter 30 of title 38, United 
States Code, is amended by inserting after section 3018C 
the following new section: 
‘‘§ 3018D. Opportunity for certain active-duty per-
sonnel to enroll 
‘‘(a)(1) Notwithstanding any other provision of this 
chapter, during the one-year period beginning on the date 
of the enactment of this section, a qualified individual (de-
scribed in subsection (b)) may make an irrevocable elec-
tion under this section to become entitled to basic edu-
cational assistance under this chapter. 
‘‘(2) The Secretary of each military department shall 
provide for procedures for a qualified individual to make 
an irrevocable election under this section in accordance 
with regulations prescribed by the Secretary of Defense 
for the purpose of carrying out this section or which the 
Secretary of Homeland Security shall provide for such 
purpose with respect to the Coast Guard when it is not 
operating as a service in the Navy. 
‘‘(b) A qualified individual referred to in subsection 
(a) is an individual who meets each of the following re-
quirements: 
‘‘(1) The individual first became a member of 
the Armed Forces or first entered on active duty as
Secretary concerned) until the total amount by 
which such basic pay is reduced is $2,700; and 
‘‘(B) to the extent that basic pay is not so re-
duced before the qualified individual’s discharge or 
release from active duty as specified in subsection 
(b)(4), at the election of the qualified individual—
‘‘(i) the Secretary concerned shall collect 
from the qualified individual; or 
‘‘(ii) the Secretary concerned shall reduce 
the retired or retainer pay of the qualified indi-
vidual by, 
an amount equal to the difference between $2,700 
and the total amount of reductions under subpara-
graph (A), which shall be paid into the Treasury of 
the United States as miscellaneous receipts. 
‘‘(2)(A) The Secretary concerned shall provide for an 
18-month period, beginning on the date the qualified indi-
vidual makes an election under this section, for the quali-
fied individual to pay that Secretary the amount due 
under paragraph (1). 
‘‘(B) Nothing in subparagraph (A) shall be construed 
as modifying the period of eligibility for and entitlement 
to basic educational assistance under this chapter applica-
ble under section 3031 of this title.
‘‘(d) With respect to qualified individuals referred to 
in subsection (c)(1)(B), no amount of educational assist-
ance allowance under this chapter shall be paid to the 
qualified individual until the earlier of the date on which—
‘‘(1) the Secretary concerned collects the appli-
cable amount under clause (i) of such subsection; or 
‘‘(2) the retired or retainer pay of the qualified 
individual is first reduced under clause (ii) of such 
subsection. 
‘‘(e) The Secretary, in conjunction with the Secretary 
of Defense, shall provide for notice of the opportunity 
under this section to elect to become entitled to basic edu-
cational assistance under this chapter.’’. 
(b) 
CONFORMING
AMENDMENTS.—Section 
3017(b)(1) of such title is amended—
(1) in subparagraphs (A) and (C), by striking 
‘‘or 
3018C(e)’’ 
and 
inserting 
‘‘3018C(e), 
or 
3018D(c)’’; and 
(2) in subparagraph (B), by inserting ‘‘or 
3018D(c)’’ after ‘‘under section 3018C(e)’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 30 of such title is amended 
by inserting after the item relating to section 3018C the 
following new item:
‘‘3018D. Opportunity for certain active-duty personnel to enroll.’’.
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