II 

115TH CONGRESS 

1ST SESSION S. 667 

To amend titles 5, 10, 37, and 38, United States Code, to ensure that 

an order to serve on active duty under section 12304a or 12304b of 

title 10, United States Code, is treated the same as other orders to 

serve on active duty for determining the eligibility of members of the 

uniformed services and veterans for certain benefits and for calculating 

the deadlines for certain benefits. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2017 

Mr. FRANKEN (for himself, Mrs. CAPITO, Ms. KLOBUCHAR, and Mr. CORNYN) 

introduced the following bill; which was read twice and referred to the 

Committee on Armed Services 

A BILL 

To amend titles 5, 10, 37, and 38, United States Code, 

to ensure that an order to serve on active duty under 

section 12304a or 12304b of title 10, United States 

Code, is treated the same as other orders to serve on 

active duty for determining the eligibility of members 

of the uniformed services and veterans for certain benefits and for calculating the deadlines for certain benefits. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Reserve Component Benefits Parity Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Eligibility of reserve component members for pre-mobilization health 

care. 

Sec. 3. Eligibility of reserve component members for transitional health care. 

Sec. 4. Consideration of service on active duty to reduce age for eligibility for 

retired pay for non-regular service. 

Sec. 5. Eligibility of reserve component members for high-deployment allowance 

for lengthy or numerous deployments and frequent mobilizations. 

Sec. 6. Eligibility of reserve component members for post-9/11 educational assistance. 

Sec. 7. Eligibility of reserve component members for nonreduction in pay while 

serving in the uniformed services or National Guard. 

Sec. 8. Effect of order to serve on active duty on eligibility for or use of certain 

military benefits. 

Sec. 9. Retroactive applicability of amendments. 

6 SEC. 2. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

7 FOR PRE-MOBILIZATION HEALTH CARE. 

8 Section 1074(d)(2) of title 10, United States Code, 

9 is amended by striking ‘‘in support of a contingency oper10 ation under’’ and inserting ‘‘under section 12304b of this 

11 title or’’. 

12 SEC. 3. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

13 FOR TRANSITIONAL HEALTH CARE. 

14 Section 1145(a)(2)(B) of title 10, United States 

15 Code, is amended by striking ‘‘in support of a contingency 

16 operation’’ and inserting ‘‘under section 12304b of this 

17 title or a provision of law referred to in section 

18 101(a)(13)(B) of this title’’. 


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1 SEC. 4. CONSIDERATION OF SERVICE ON ACTIVE DUTY TO 

2 REDUCE AGE FOR ELIGIBILITY FOR RETIRED 

3 PAY FOR NON-REGULAR SERVICE. 

4 Section 12731(f)(2)(B)(i) of title 10, United States 

5 Code, is amended by striking ‘‘under a provision of law 

6 referred to in section 101(a)(13)(B) or under section 

7 12301(d)’’ and inserting ‘‘under section 12301(d) or 

8 12304b of this title or a provision of law referred to in 

9 section 101(a)(13)(B)’’. 

10 SEC. 5. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

11 FOR HIGH-DEPLOYMENT ALLOWANCE FOR 

12 LENGTHY OR NUMEROUS DEPLOYMENTS AND 

13 FREQUENT MOBILIZATIONS. 

14 Section 436(a)(2)(C)(ii) of title 37, United States 

15 Code, is amended by inserting after ‘‘under’’ the first 

16 place it appears the following: ‘‘section 12304b of title 10 

17 or’’. 

18 SEC. 6. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

19 FOR POST-9/11 EDUCATIONAL ASSISTANCE. 

20 Section 3301(1)(B) of title 38, United States Code, 

21 is amended by striking ‘‘or 12304’’ and inserting ‘‘12304, 

22 12304a, or 12304b’’. 


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1 SEC. 7. ELIGIBILITY OF RESERVE COMPONENT MEMBERS 

2 FOR NONREDUCTION IN PAY WHILE SERVING 

3 IN THE UNIFORMED SERVICES OR NATIONAL 

4 GUARD. 

5 Section 5538(a) of title 5, United States Code, is 

6 amended in the matter preceding paragraph (1) by insert7 ing after ‘‘under’’ the following: ‘‘section 12304b of title 

8 10 or’’. 

9 SEC. 8. EFFECT OF ORDER TO SERVE ON ACTIVE DUTY ON 

10 ELIGIBILITY FOR OR USE OF CERTAIN MILI11 TARY BENEFITS. 

12 (a) EXCEPTION TO VOLUNTARY SEPARATION PAY

13 REPAYMENT REQUIREMENT FOR MEMBERS WHO RE14 TURN TO ACTIVE DUTY.—Section 1175a(j)(2) of title 10, 

15 United States Code, is amended by striking ‘‘or 12304’’ 

16 and inserting ‘‘12304, 12304a, or 12304b’’. 

17 (b) TIME LIMITATION FOR TRAINING AND REHABILI18 TATION FOR VETERANS WITH SERVICE-CONNECTED DIS19 ABILITIES.—Section 3103(f) of title 38, United States 

20 Code, is amended by striking ‘‘or 12304’’ and inserting 

21 ‘‘12304, 12304a, or 12304b’’. 

22 SEC. 9. RETROACTIVE APPLICABILITY OF AMENDMENTS. 

23 The amendments made by this Act shall apply with 

24 respect to any order for a member of a reserve component 

25 to serve on active duty under section 12304a or 12304b 


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1 of title 10, United States Code, issued on or after January 

2 1, 2012. 

Æ 


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