[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4468 Introduced in House (IH)]







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' 
  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, 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.

    Be it enacted by the Senate and House of Representatives 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 PARTICIPATE IN THE MONTGOMERY GI BILL EDUCATION 
              PROGRAM.

    (a) In General.--Chapter 30 of title 38, United States Code, is 
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
    ``(a)(1) Notwithstanding any other provision of this chapter, 
during the month of October in any year, beginning with 2004, 
(hereinafter 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 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 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 individual 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 certificate) or has successfully 
        completed (or otherwise received academic credit for) the 
        equivalent of 12 semester hours in a program of education 
        leading to a standard college degree.
            ``(5) The individual, when discharged or released 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 reduced 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 individual by,
        an amount equal to the difference between $1,200 and the total 
        amount of reductions under subparagraph (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 individual makes an 
election under this section, for the qualified 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 applicable under section 3031 of this 
title.
    ``(d) With respect to qualified individuals referred to in 
subsection (c)(1)(B), no amount of educational 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 applicable 
        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 qualified 
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 Education 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 Defense to the 
Post-Vietnam Era Veterans Education Account 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 
benefits 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 opportunity 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 inserting ``Subject to section 3018D of this title, 
any individual''.
    (2) Section 3015(f) of such title is amended by striking ``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.''.
                                 <all>