I 
110TH CONGRESS 
1ST SESSION H. R. 2417 
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 21, 2007 
Mr. VISCLOSKY (for himself, Mr. VAN HOLLEN, Mr. BURTON of Indiana, Ms. 
MATSUI, Mrs. CHRISTENSEN, Mr. BERMAN, Mr. FORTUN˜O, Mr. BRADY 
of Pennsylvania, Mr. BISHOP of Georgia, Mr. MOORE of Kansas, Mr. 
RUPPERSBERGER, Mr. HONDA, Mr. CLEAVER, Mr. PLATTS, Mr. HOB-
SON, Mr. MCDERMOTT, Ms. KILPATRICK, Ms. CARSON, Mr. HINCHEY, 
Mr. TOWNS, Mr. RYAN of Ohio, Ms. WOOLSEY, Ms. BERKLEY, Mrs. 
BOYDA of Kansas, Mr. TAYLOR, Mr. CONYERS, Mr. MITCHELL, Mrs. JO 
ANN DAVIS of Virginia, Mr. CARNEY, Mr. PETERSON of Minnesota, Ms. 
DELAURO, Ms. SCHAKOWSKY, and Mr. BRALEY of Iowa) 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 con-
cerned 
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. 
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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 2007’’. 
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) OPPORTUNITY
TO
ENROLL.—(1) Notwith-
standing any other provision of this chapter, during the 
month of October in any year, beginning with 2007, (here-
inafter in this section referred to as the ‘open season’) 
a qualified individual (described in subsection (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 
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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) QUALIFIED INDIVIDUAL.—A qualified individual 
referred to in subsection (a) is an individual who meets 
each of the following requirements: 
‘‘(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. 
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‘‘(5) The individual, when discharged or re-
leased from active duty, is discharged or released 
therefrom with an honorable discharge. 
‘‘(c) ENROLLMENT FEE.—(1) Subject to the suc-
ceeding provisions of this subsection, with respect to a 
qualified individual who makes an election under this sec-
tion 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 be-
tween $1,200 and the total amount of reduc-
tions under subparagraph (A), which shall be 
paid into the Treasury of the United States as 
miscellaneous receipts. 
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‘‘(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) LIMITATION.—With respect to qualified individ-
uals referred to in subsection (c)(1)(B), no amount of edu-
cational assistance 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) NOTICE REQUIRED.—The Secretary concerned, 
in conjunction with the Secretary of Defense, shall provide 
for notice of the opportunity under this section to elect 
to become entitled to basic educational assistance under 
this chapter.’’. 
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(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.’’. 
Æ 
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