I
107TH CONGRESS
2D SESSION
H. R. 5173
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 HOUSE OF REPRESENTATIVES
JULY 22, 2002
Mr. CAMP introduced the following bill; which was referred to the Committee
on Veterans’ Affairs, and in addition to the Committee on Armed Serv-
ices, 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, to provide for certain
servicemembers to become eligible for educational assist-
ance under the Montgomery GI Bill.
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 ‘‘Montgomery GI Bill
Enhancement Act of 2002’’.
SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PER-
SONNEL TO ENROLL UNDER THE MONT-
GOMERY GI BILL.
(a) IN GENERAL.—Chapter 30 of title 38, United
States Code, is amended by inserting after section 3018C
the following new sections:
‘‘§ 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 Transportation 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
a member of the Armed Forces before July 1, 1985.
‘‘(2) The individual has served on active duty
without a break in service since the date the indi-
vidual first became such a member or first entered
on active duty as such a member.
‘‘(3) The individual, before applying for benefits
under this section, has completed the requirements
of a secondary school diploma (or equivalency certifi-
cate) or has successfully completed (or otherwise re-
ceived academic credit for) the equivalent of 12 se-
mester hours in a program of education leading to
a standard college degree.
‘‘(4) The individual, when discharged or re-
leased from active duty, is discharged or released
therefrom with an honorable discharge.
‘‘(c)(1) Subject to the succeeding provisions of this
subsection, with respect to a qualified individual who
makes an election under this section to become entitled
to basic educational assistance under this chapter—
‘‘(A) the basic pay of the qualified individual
shall be reduced (in a manner determined by the
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.’’.
Æ