II 110th CONGRESS 1st Session S. 1879 IN THE SENATE OF THE UNITED STATES July 26, 2007 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend titles 10 and 37, United States Code, to reduce the minimum age of retirement for years of non-regular service for reserves who serve on active duty in Iraq and Afghanistan, to increase the amount of educational assistance for members of the Selected Reserve, and to provide certain other benefits relating to service in the reserve components of the Armed Forces, and for other purposes.

1.

Increase in amount of educational assistance for members of the Selected Reserve

(a)

Increase in amount

Section 16131(b)(1) of title 10, United States Code, is amended— (1)in subparagraph (A), by striking $251 and inserting $600; (2)in subparagraph (B), by striking $188 and inserting $450; and (3)in subparagraph (C), by striking $125 and inserting $300. (b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to payments of educational assistance allowances under chapter 1606 of title 10, United States Code, made for months beginning on or after that date.

2.

Reduction if retirement age for years of service in the Armed Forces by certain members of the National Guard and Reserve who serve on active duty after September 11, 2001

(a)

In general

Section 12731 of title 10, United States Code, is amended— (1)in subsection (a), by striking paragraph (1) and inserting the following: (1)has attained the eligibility age applicable under subsection (f) to that person; ; and (2)by adding at the end the following new subsection: (f)(1)Subject to paragraph (2) the eligibility age for purposes of subsection (a)(1) is 60 years of age. (2)(A)In the case of a person who as a reserve of the armed forces serves on active duty in Iraq or Afghanistan after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by six months for each aggregate of 90 days on which such person so serves after such date, subject to subparagraph (B). A day of service may be included in only one aggregate of 90 days for purposes of this subparagraph. (B)The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A). . (b)

Administration of related provisions of law or policy

With respect to any provision of law, or of any policy, regulation, or directive of the executive branch, that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of that section. (c)

Effective date and applicability

The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act.

3.

Location of treatment of certain Reserves requiring treatment for wounds or injuries incurred on active duty

(a)

Location of treatment

(1)

In general

If a member of a reserve component of the Armed Forces requires treatment for more than 30 days for a wound or injury incurred on active duty in the Armed Forces, the Secretary of the military department concerned shall transfer such member to a military medical treatment facility, medical facility of the Department of Veterans Affairs, or private medical facility appropriate for the treatment of such wound or injury that is located not more than 30 miles from a location elected by such member for such purpose from among the locations as follows: (A)The hometown of such member. (B)The permanent duty station of such member. (2)

Transfers to va facilities

(A)Any transfer under paragraph (1) to a medical facility of the Department of Veterans Affairs shall be made on a space-available basis at such medical facility. (B)Transfers under paragraph (1) to medical facilities of the Department of Veterans Affairs shall be made in accordance with the terms of a memorandum of agreement entered into by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this section. (3)

Transfers to private facilities

Any transfer under paragraph (1) to a private medical facility shall be made with the consent of such medical facility. (4)

Cost of treatment

All costs of treatment of a member transferred under paragraph (1) to a medical facility of the Department of Veterans Affairs or private medical facility for the wound or injury for which so transferred shall be borne by the Secretary of the military department concerned. (b)

Enhancement of travel and transportation for family members for travel incident to illness or injury of members

Section 411h of title 37, United States Code, is amended— (1)in subsection (a), by striking paragraph (3); (2)by striking subsection (c) and inserting the following new subsection (c): (c)The amount payable under subsection (a) for travel and transportation of a family member of a member of the uniformed services is the amount as follows: (1)During the 180-day period beginning with the commencement of treatment of such member as described in subsection (a), $100 per day for not more than 5 days in each consecutive 30-day period during such 180-day period. (2)During the 180-day period beginning at the end of the 180-day period covered by subparagraph (A), $100 per day for not more than 5 days in each consecutive 60-day period during the 180-day period covered by this subparagraph. (3)After the 180-day period covered by subparagraph (B), $100 per day for not more than 5 days in each consecutive 90-day period thereafter. ; and (3)in subsection (d), by striking paragraph (3).

4.

Travel and transportation allowance for members of the National Guard traveling long distances for drill or annual training

(a)

Allowances

Chapter 7 of title 37, United States Code, is amended by inserting after section 408 the following new section:

408a.

Travel and transportation allowances: members of the National Guard traveling long-distances for drill or annual training

(a)

Eligibility for reimbursement

Under regulations prescribed jointly by the Secretary of the Army and the Secretary of the Air Force, a member of a reserve component of the armed forces who travels more than 50 miles for drill or instruction, or annual training duty, under section 502 of title 32 shall be reimbursed by the applicable Secretary for the costs of such travel. (b)

Limitation

The total reimbursement of a member for travel under subsection (a) may not exceed the cost of Government-procured commercial round-trip travel between the locations involved.

. (b)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 408 the following new item: 408a. Travel and transportation allowances: members of the National Guard traveling long-distances for drill or annual training. .