[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 772 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 772

   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

                           February 10, 2005

Mr. Matheson (for himself and Mrs. Wilson of New Mexico) 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 2005''.

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) (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) Contribution.--Subsection (c) of section 3012 of such title is 
amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        paragraph (2)'' and inserting `Except as provided in paragraphs 
        (2) and (3)'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) The basic pay of any individual described in subsection 
(a)(1)(D) who does not make an election under subsection (d)(1) shall 
be reduced by $100 for each of the first 12 months of active duty 
service (whether continuous or otherwise) that such individual is 
entitled to such pay.''.
    (e) Election to Opt Out.--Subsection (d)(1) of section 3012 of such 
title is amended by striking ``in subsection (a)(1)(A) of this 
section'' and inserting ``in subsection (a)(1)(A) or (a)(1)(D)''.
    (f) 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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