II 

110TH CONGRESS 

1ST SESSION S. 1879 

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. 

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 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. INCREASE IN AMOUNT OF EDUCATIONAL AS2 SISTANCE FOR MEMBERS OF THE SELECTED 

3 RESERVE. 

4 (a) INCREASE IN AMOUNT.—Section 16131(b)(1) of 

5 title 10, United States Code, is amended— 

6 (1) in subparagraph (A), by striking ‘‘$251’’ 

7 and inserting ‘‘$600’’; 

8 (2) in subparagraph (B), by striking ‘‘$188’’ 

9 and inserting ‘‘$450’’; and 

10 (3) in subparagraph (C), by striking ‘‘$125’’ 

11 and inserting ‘‘$300’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall take effect on the date of the enact14 ment of this Act, and shall apply with respect to payments 

15 of educational assistance allowances under chapter 1606 

16 of title 10, United States Code, made for months begin17 ning on or after that date. 

18 SEC. 2. REDUCTION IF RETIREMENT AGE FOR YEARS OF 

19 SERVICE IN THE ARMED FORCES BY CERTAIN 

20 MEMBERS OF THE NATIONAL GUARD AND RE21 SERVE WHO SERVE ON ACTIVE DUTY AFTER 

22 SEPTEMBER 11, 2001. 

23 (a) IN GENERAL.—Section 12731 of title 10, United 

24 States Code, is amended— 

25 (1) in subsection (a), by striking paragraph (1) 

26 and inserting the following: 


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1 ‘‘(1) has attained the eligibility age applicable 

2 under subsection (f) to that person;’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(f)(1) Subject to paragraph (2) the eligibility age 

6 for purposes of subsection (a)(1) is 60 years of age. 

7 ‘‘(2)(A) In the case of a person who as a reserve of 

8 the armed forces serves on active duty in Iraq or Afghani9 stan after September 11, 2001, the eligibility age for pur10 poses of subsection (a)(1) shall be reduced below 60 years 

11 of age by six months for each aggregate of 90 days on 

12 which such person so serves after such date, subject to 

13 subparagraph (B). A day of service may be included in 

14 only one aggregate of 90 days for purposes of this sub15 paragraph. 

16 ‘‘(B) The eligibility age for purposes of subsection 

17 (a)(1) may not be reduced below 50 years of age for any 

18 person under subparagraph (A).’’. 

19 (b) ADMINISTRATION OF RELATED PROVISIONS OF

20 LAW OR POLICY.—With respect to any provision of law, 

21 or of any policy, regulation, or directive of the executive 

22 branch, that refers to a member or former member of the 

23 uniformed services as being eligible for, or entitled to, re24 tired pay under chapter 1223 of title 10, United States 

25 Code, but for the fact that the member or former member 


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1 is under 60 years of age, such provision shall be carried 

2 out with respect to that member or former member by 

3 substituting for the reference to being 60 years of age a 

4 reference to having attained the eligibility age applicable 

5 under subsection (f) of section 12731 of title 10, United 

6 States Code (as added by subsection (a)), to such member 

7 or former member for qualification for such retired pay 

8 under subsection (a) of that section. 

9 (c) EFFECTIVE DATE AND APPLICABILITY.—The 

10 amendment made by subsection (a) shall take effect as 

11 of September 11, 2001, and shall apply with respect to 

12 applications for retired pay that are submitted under sec13 tion 12731(a) of title 10, United States Code, on or after 

14 the date of the enactment of this Act. 

15 SEC. 3. LOCATION OF TREATMENT OF CERTAIN RESERVES 

16 REQUIRING TREATMENT FOR WOUNDS OR IN17 JURIES INCURRED ON ACTIVE DUTY. 

18 (a) LOCATION OF TREATMENT.— 

19 (1) IN GENERAL.—If a member of a reserve 

20 component of the Armed Forces requires treatment 

21 for more than 30 days for a wound or injury in22 curred on active duty in the Armed Forces, the Sec23 retary of the military department concerned shall 

24 transfer such member to a military medical treat25 ment facility, medical facility of the Department of 


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1 Veterans Affairs, or private medical facility appro2 priate for the treatment of such wound or injury 

3 that is located not more than 30 miles from a loca4 tion elected by such member for such purpose from 

5 among the locations as follows: 

6 (A) The hometown of such member. 

7 (B) The permanent duty station of such 

8 member. 

9 (2) TRANSFERS TO VA FACILITIES.—(A) Any 

10 transfer under paragraph (1) to a medical facility of 

11 the Department of Veterans Affairs shall be made 

12 on a space-available basis at such medical facility. 

13 (B) Transfers under paragraph (1) to medical 

14 facilities of the Department of Veterans Affairs shall 

15 be made in accordance with the terms of a memo16 randum of agreement entered into by the Secretary 

17 of Defense and the Secretary of Veterans Affairs for 

18 purposes of this section. 

19 (3) TRANSFERS TO PRIVATE FACILITIES.—Any 

20 transfer under paragraph (1) to a private medical 

21 facility shall be made with the consent of such med22 ical facility. 

23 (4) COST OF TREATMENT.—All costs of treat24 ment of a member transferred under paragraph (1) 

25 to a medical facility of the Department of Veterans 


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1 Affairs or private medical facility for the wound or 

2 injury for which so transferred shall be borne by the 

3 Secretary of the military department concerned. 

4 (b) ENHANCEMENT OF TRAVEL AND TRANSPOR5 TATION FOR FAMILY MEMBERS FOR TRAVEL INCIDENT

6 TO ILLNESS OR INJURY OF MEMBERS.—Section 411h of 

7 title 37, United States Code, is amended— 

8 (1) in subsection (a), by striking paragraph (3); 

9 (2) by striking subsection (c) and inserting the 

10 following new subsection (c): 

11 ‘‘(c) The amount payable under subsection (a) for 

12 travel and transportation of a family member of a member 

13 of the uniformed services is the amount as follows: 

14 ‘‘(1) During the 180-day period beginning with 

15 the commencement of treatment of such member as 

16 described in subsection (a), $100 per day for not 

17 more than 5 days in each consecutive 30-day period 

18 during such 180-day period. 

19 ‘‘(2) During the 180-day period beginning at 

20 the end of the 180-day period covered by subpara21 graph (A), $100 per day for not more than 5 days 

22 in each consecutive 60-day period during the 180- 

23 day period covered by this subparagraph. 

24 ‘‘(3) After the 180-day period covered by sub25 paragraph (B), $100 per day for not more than 5 


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1 days in each consecutive 90-day period thereafter.’’; 

2 and 

3 (3) in subsection (d), by striking paragraph (3). 

4 SEC. 4. TRAVEL AND TRANSPORTATION ALLOWANCE FOR 

5 MEMBERS OF THE NATIONAL GUARD TRAV6 ELING LONG DISTANCES FOR DRILL OR AN7 NUAL TRAINING. 

8 (a) ALLOWANCES.—Chapter 7 of title 37, United 

9 States Code, is amended by inserting after section 408 the 

10 following new section: 

11 ‘‘§ 408a. Travel and transportation allowances: mem12 bers of the National Guard traveling 

13 long-distances for drill or annual training 

14 ‘‘(a) ELIGIBILITY FOR REIMBURSEMENT.—Under 

15 regulations prescribed jointly by the Secretary of the Army 

16 and the Secretary of the Air Force, a member of a reserve 

17 component of the armed forces who travels more than 50 

18 miles for drill or instruction, or annual training duty, 

19 under section 502 of title 32 shall be reimbursed by the 

20 applicable Secretary for the costs of such travel. 

21 ‘‘(b) LIMITATION.—The total reimbursement of a 

22 member for travel under subsection (a) may not exceed 

23 the cost of Government-procured commercial round-trip 

24 travel between the locations involved.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 7 of such title is amended by 

3 inserting after the item relating to section 408 the fol4 lowing new item: 

‘‘408a. Travel and transportation allowances: members of the National Guard 

traveling long-distances for drill or annual training.’’. 

Æ 


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