[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4188 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4188

To amend chapter 1606 of title 10, United States Code, to increase the 
  amount of basic educational assistance for members of the Selected 
                    Reserve, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2004

 Mr. LoBiondo (for himself and Mr. McIntyre) introduced the following 
  bill; which was referred to the Committee on Armed Services, and in 
  addition to the Committee on Veterans' Affairs, 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 chapter 1606 of title 10, United States Code, to increase the 
  amount of basic educational assistance for members of the Selected 
                    Reserve, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE.

    (a) In General.--Section 16131(b) of title 10, United States Code, 
is amended to read as follows:
    ``(b) Except as provided in subsections (d) through (f), each 
educational assistance program established under subsection (a) shall 
provide for payment by the Secretary concerned, through the Secretary 
of Veterans Affairs, to each person entitled to educational assistance 
under this chapter who is pursuing a program of education of an 
educational assistance allowance at the following monthly rates:
            ``(1) For such a program of education pursued on a full-
        time basis, at the monthly rate equal to the applicable 
        percentage (as defined in paragraph (3)) of the rate that 
        applies for the month under section 3015(a)(1) of title 38.
            ``(2)(A) Subject to subparagraph (B), for such a program of 
        education pursued on a less than a full-time basis, at an 
        appropriately reduced rate, as determined under regulations 
        which the Secretaries concerned shall prescribe.
            ``(B) No payment may be made to a person for less than 
        half-time pursuit of such a program of education if tuition 
        assistance is otherwise available to the person for such 
        pursuit from the military department concerned.
            ``(3) In this subsection, the term `applicable percentage' 
        means, with respect to months occurring during--
                    ``(A) fiscal year 2005, 33 percent;
                    ``(B) fiscal year 2006, 37 percent;
                    ``(C) fiscal year 2007, 41 percent;
                    ``(D) fiscal year 2008, 45 percent; and
                    ``(E) fiscal year 2009, and each subsequent fiscal 
                year, 50 percent.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2004, and shall apply with respect to 
educational assistance allowances under section 16131(b) of such title 
paid for months after September 2004.

SEC. 2. EXPANSION OF ELIGIBILITY REQUIREMENTS FOR MEMBERS OF THE 
              SELECTED RESERVE HAVING SERVED ON ACTIVE DUTY FOR A 
              PERIOD OF 24 NON-CONSECUTIVE MONTHS UNDER CHAPTER 30 OF 
              TITLE 38, UNITED STATES CODE.

    (a) Credit for 24 Months of Active Duty Service Over a Period of 5 
Years.--Subsection 3012(a) of title 38, United States Code, is amended 
in paragraphs (1)(A)(i), (1)(B)(i), and (1)(C)(iii)(I) by striking 
``two years of continuous active duty'' each place it appears and 
inserting ``a cumulative period of 24 months during any 5-year 
period''.
    (b) Conforming Amendment.--Subsection (b) of section 3012 of such 
title is amended in paragraph (1) by striking ``during such two years'' 
and inserting ``at any time during such 5-year period''.
    (c) Effective Date.--The amendments made by this section shall 
apply on or after October 1, 2005.
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