I
107TH CONGRESS
1ST SESSION
H. R. 2020
To amend title 38, United States Code, to extend the period over which
an individual must make payment to the Secretary 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
MAY 25, 2001
Mr. JONES of North Carolina 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 concerned
A BILL
To amend title 38, United States Code, to extend the period
over which an individual must make payment to the
Secretary 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 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,
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);
‘‘(B) before completing such obligated pe-
riod of service, is discharged or released from
active duty for (i) a service-connected disability,
(ii) a medical condition which preexisted such
service and which the Secretary determines is
retary of Defense (or by the Secretary of
Transportation 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, any individual’’.
(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 chapter 30 of such title 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 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 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
makes an election under this section to become entitled
to basic educational assistance under this chapter—