[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4367 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4367

   To amend title 38, United States Code, to provide entitlement to 
educational assistance under the Montgomery GI Bill for members of the 
Selected Reserve who aggregate more than 2 years of active duty service 
            in any five year period, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2004

 Mr. Matheson 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 provide entitlement to 
educational assistance under the Montgomery GI Bill for members of the 
Selected Reserve who aggregate more than 2 years of active duty service 
            in any five year period, 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. SHORT TITLE.

    This Act may be cited as the ``Resuming Education After Defense 
Service Act of 2004''.

SEC. 2. EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL FOR MEMBERS OF 
              THE SELECTED RESERVE WHO AGGREGATE MORE THAN 2 YEARS OF 
              ACTIVE DUTY SERVICE DURING ANY 5-YEAR PERIOD.

    (a) Entitlement.--Section 3012(a)(1) of title 38, United States 
Code, is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph (D):
                    ``(D) while in the Selected Reserve--
                            ``(i) is first ordered to serve on active 
                        duty in the Armed Forces under section 
                        12301(a), 12301(d), 12301(g), 12302, or 12304 
                        of title 10, during the period beginning on 
                        September 11, 2001, and ending December 31, 
                        2006; and
                            ``(ii) serves on active duty in the Armed 
                        Forces for one or more periods (whether 
                        continuous or otherwise) aggregating not less 
                        than two years of service on active duty during 
                        a five-year period beginning on the date the 
                        individual is first ordered to serve on active 
                        duty during the period referred to in clause 
                        (i);''.
    (b) Duration of Assistance.--Section 3013(b) of such title is 
amended by striking ``is entitled to'' and all that follows and 
inserting the following: ``is entitled to--
            ``(1) one month of educational assistance benefits under 
        this chapter--
                    ``(A) in the case of an individual described in 
                section 3012(a)(1)(A) of this title, for each month of 
                continuous active duty served by such individual after 
                June 30, 1985, as part of the obligated period of 
                active duty on which such entitlement is based;
                    ``(B) in the case of an individual described in 
                section 3012(a)(1)(B) of this title, for each month of 
                continuous active duty served by such individual after 
                June 30, 1985; or
                    ``(C) in the case of an individual described in 
                section 3012(a)(1)(D) of this title, for each month of 
                active duty served by such individual after September 
                11, 2001, as part of the aggregate period of active 
                duty on which such entitlement is based; and
            ``(2) one month of educational assistance benefits under 
        this chapter for each four months served by such individual in 
        the Selected Reserve after the applicable date specified in 
        paragraph (1) of this subsection (other than any month in which 
        the individual served on active duty).''.
    (c) Amount of Assistance.--Section 3015 of such title is amended--
            (1) in subsections (a)(1)(D) and (b)(1)(D), by striking 
        ``subsection (h)'' and inserting ``subsection (i)'';
            (2) by redesignating subsection (h) as subsection (i); and
            (3) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) In the case of an individual entitled to an educational 
assistance allowance under section 3012(a)(1)(D) of this title, the 
amount of the basic educational assistance allowance payable under this 
chapter is the amount determined under subsection (b) of this 
section.''.
    (d) Outreach.--(1) The Secretaries concerned shall take actions to 
inform members of the Selected Reserve who are or may become entitled 
to basic educational assistance benefits under chapter 30 of title 38, 
United States Code, as a result of section 3012(a)(1)(D) of such title 
(as amended by subsection (a) of this section) of the minimum service 
requirements for entitlement to such benefits under that chapter and of 
the scope and nature of such benefits.
    (2) In this subsection:
            (A) The term ``Secretary concerned'' has the meaning given 
        such term in section 101(25) of title 38, United States Code.
            (B) The term ``Selected Reserve'' has the meaning given 
        such term in section 3002(4) of title 38, United States Code.
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