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’ Af-
fairs, and in addition to the Committee on Armed Services, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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 Mont-
gomery 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 
Second Chance Act of 2004’’.
SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO 
WITHDRAW AN ELECTION NOT TO PARTICI-
PATE IN THE MONTGOMERY GI BILL EDU-
CATION PROGRAM. 
(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 month of October in any year, begin-
ning with 2004, (hereinafter in this section referred to as 
the ‘open season’) a qualified individual (described in sub-
section (b)) may make an irrevocable election under this 
section to become entitled to basic educational 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 
a member of the Armed Forces before, on, or after 
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 is serving on active duty 
during the open season of the year involved. 
‘‘(4) 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. 
‘‘(5) 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 $1,200; 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)(5), 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 $1,200 
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)(1) Except as provided in paragraph (3), a quali-
fied individual who is enrolled in the educational benefits 
program provided by chapter 32 of this title and who 
makes the election described in subsection (a)(1) shall be 
disenrolled from such chapter 32 program as of the date 
of such election. 
‘‘(2) For each individual who is disenrolled from such 
program, the Secretary shall refund—
‘‘(A) to the individual, as provided in section 
3223(b) of this title and subject to subsection (b)(2) 
of this section, the unused contributions made by the 
individual to the Post-Vietnam Era Veterans Edu-
cation Account established pursuant to section 
3222(a) of this title; and 
‘‘(B) to the Secretary of Defense the unused 
contributions (other than contributions made under 
section 3222(c) of this title) made by such Secretary 
to the Account on behalf of such individual. 
‘‘(3) Any contribution made by the Secretary of De-
fense to the Post-Vietnam Era Veterans Education Ac-
count pursuant to subsection (c) of section 3222 of this 
title on behalf of any individual referred to in paragraph 
(1) shall remain in such account to make payments of ben-
efits to such individual under section 3015(f) of this title. 
‘‘(f) The Secretary concerned, in conjunction with the 
Secretary of Defense, shall provide for notice of the oppor-
tunity under this section to elect to become entitled to 
basic educational assistance under this chapter.’’. 
(b) 
CONFORMING
AMENDMENTS.—(1) 
Sections 
3011(c)(1) and 3012(d)(1) of such title are each amended 
by striking ‘‘Any individual’’ in the third sentence and in-
serting ‘‘Subject to section 3018D of this title, any indi-
vidual’’. 
(2) Section 3015(f) of such title is amended by strik-
ing ‘‘or 3018C’’ and inserting ‘‘3018C, or 3018D’’. 
(3) Section 3017(b)(1) of such title is amended—
(A) in subparagraph (A), by striking ‘‘or 
3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’; 
(B) in subparagraph (B), by inserting ‘‘or 
3018D(d)’’ after ‘‘3018C(e)’’; or 
(C) in subparagraph (C), by striking ‘‘or 
3018C(e)’’ and inserting ‘‘3018C(e), or 3018D(d)’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter 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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