I 
108TH CONGRESS 
1ST SESSION H. R. 1328
To amend title 38, United States Code, to extend the period over which 
an individual must make payment to the Secretary of Veterans Affairs 
to become entitled to educational assistance under the Montgomery GI 
Bill, to prospectively permit any servicemember to withdraw an election 
not to enroll under the Montgomery GI Bill, and to provide for certain 
servicemembers to become eligible for educational assistance under the 
Montgomery GI Bill. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2003
Mr. JONES of North Carolina (for himself and Mr. MILLER of Florida) intro-
duced the following bill; which was referred to the Committee on Vet-
erans’ 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 com-
mittee concerned 
A BILL 
To amend title 38, United States Code, to extend the period 
over which an individual must make payment to the 
Secretary of Veterans Affairs to become entitled to edu-
cational assistance under the Montgomery GI Bill, to 
prospectively permit any servicemember to withdraw an 
election not to enroll under the Montgomery GI Bill, 
and to provide for certain servicemembers to become 
eligible for educational assistance 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 ‘‘Veterans Educational 
Opportunities Enhancement Act of 2003’’. 
SEC. 2. PERMITTING AN ELECTION TO REDUCE BASIC PAY 
OVER A PERIOD OF TWO YEARS. 
(a) IN GENERAL.—The first sentence of sections 
3011(b) and 3012(c) of title 38, United States Code, are 
each amended by striking ‘‘$100 for each of the first 12 
months’’ and inserting ‘‘$50 for each of the first 24 
months’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to individuals who first become 
a member of the Armed Forces or first enter on active 
duty as a member of the Armed Forces on or after the 
date that is 90 days after the date of the enactment of 
this Act. 
SEC. 3. PERMITTING WITHDRAWAL OF ELECTION NOT 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 active-duty personnel to 
withdraw election not to enroll 
‘‘(a) Notwithstanding any other provision of this 
chapter, each qualified individual (described in subsection 
(b)) may withdraw an election made under section 
3011(c)(1) or 3012(d)(1) of this title not to receive edu-
cational assistance under this chapter during an open pe-
riod (described in subsection (c)). The qualified individual 
shall withdraw such election in accordance with this sec-
tion and on such form as the Secretary of Defense shall 
prescribe for such purpose. 
‘‘(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 on or after the date 
of the enactment of this section. 
‘‘(2) The individual continues to serve, without 
a break in service, the period of service which, at the 
beginning of the open period, such individual was 
obligated to serve. 
‘‘(3) The individual—
‘‘(A) serves the obligated period of service 
described in paragraph (2);
(ii) involuntarily discharged or released from 
active duty for the convenience of the Govern-
ment as a result of a reduction in force, as de-
termined by the Secretary concerned in accord-
ance with regulations prescribed by the Sec-
retary of Defense (or by the Secretary of 
Homeland Security with respect to the Coast 
Guard when it is not operating as a service in 
the Navy). 
‘‘(4) Before applying for benefits under this 
section, the individual—
‘‘(A) completes the requirements of a sec-
ondary school diploma (or equivalency certifi-
cate); or 
‘‘(B) successfully completes (or otherwise 
receives academic credit for) the equivalent of 
12 semester hours in a program of education 
leading to a standard college degree. 
‘‘(5) Upon completion of such obligated period 
of service, the individual—
‘‘(A) is discharged from service with an 
honorable discharge, is placed on the retired 
list, is transferred to the Fleet Reserve or Fleet 
Marine Corps Reserve, or is placed on the tem-
porary disability retired list;
‘‘(B) continues on active duty; or 
‘‘(C) is released from active duty for fur-
ther service in a reserve component of the 
Armed Forces after service on active duty char-
acterized by the Secretary concerned as honor-
able service. 
‘‘(c) The open period referred to in subsection (a) 
with respect to a qualified individual is as follows: 
‘‘(1) Subject to paragraph (2), such period is 
the 90-day period preceding the date of the termi-
nation of the initial obligated period of active duty 
required of the individual under section 3011 or 
3012 of this title. 
‘‘(2) In the case of a discharge or release under 
subparagraph (B) or (C) of subsection (b)(3), such 
period is the 90-day period preceding the anticipated 
date of such discharge or release. 
‘‘(d)(1) Subject to the succeeding provisions of this 
subsection, with respect to a qualified individual who with-
draws, under subsection (a), an election under section 
3011(c)(1) or 3012(d)(1) of this title—
‘‘(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 equals $1,200; or
‘‘(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), the Secretary concerned shall collect from the 
qualified individual an amount equal to the dif-
ference between $1,200 and the total amount of re-
ductions under subparagraph (A), which shall be 
paid into the Treasury of the United States as mis-
cellaneous receipts. 
‘‘(2) In the case of an individual described in clause 
(B) or (C) of subsection (b)(3) whose discharge or release 
from active duty prevents the reduction of the basic pay 
of such individual by $1,200, an amount less than $1,200. 
‘‘(e) With respect to qualified individuals referred to 
in subsection (d)(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 
the Secretary concerned collects the applicable amount 
under clause (i) of such subsection. 
‘‘(f) A withdrawal under subsection (a) is irrevocable. 
‘‘(g) The Secretary concerned shall provide for notice 
of the opportunity under this section to withdraw an elec-
tion made under section 3011(c)(1) or 3012(d)(1) of this 
title.’’.
(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 3017(b)(1) of such title is amended to 
read as follows: 
‘‘(1) the total of—
‘‘(A) the amount reduced from the individ-
ual’s pay under section 3011(b), 3012(c), 
3018(c), 
3018A(b), 
3018B(b), 
3018C(b), 
3018C(e), or 3018D(d) of this title; 
‘‘(B) the amount reduced from the individ-
ual’s retired pay under section 3018C(e) or 
3018D(d) of this title; 
‘‘(C) the amount collected from the indi-
vidual by the Secretary under section 3018B(b), 
3018C(b), 3018C(e), or 3018D(d) of this title; 
and 
‘‘(D) the amount of any contribution made 
by the individual under section 3011(e) or 
3012(f) of this title, less’’. 
(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 active-duty personnel to withdraw election not to en-
roll.’’.
SEC. 4. 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, as amended by section 3(a), is further 
amended by inserting after section 3018D the following 
new section: 
‘‘§ 3018E. 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 
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 is serving on active duty 
during the one-year period referred to in subsection 
(a)(1). 
‘‘(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
‘‘(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 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.—Section 
3017(b)(1) of such title, as amended by section 3(b), is 
further amended in each of subparagraphs (A), (B), and 
(C)—
(1) by striking ‘‘or’’ before ‘‘3018D(d)’’; and 
(2) by inserting ‘‘, or 3018E(c)’’ before ‘‘of this 
title’’.
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter, as amended by section 
3(c), is further amended by inserting after the item relat-
ing to section 3018D the following new item:
‘‘3018E. Opportunity for certain active-duty personnel to enroll.’’.
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