I 

110TH CONGRESS 

1ST SESSION H. R. 1211 

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 two years of active duty service in 

any five year period, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2007 

Mr. MATHESON (for himself, Mr. MCINTYRE, Mr. TAYLOR, Mrs. WILSON of 

New Mexico, Mr. EDWARDS, Mr. BERRY, Mr. BISHOP of Georgia, Mr. 

BUTTERFIELD, Mr. LINCOLN DAVIS of Tennessee, Mr. DEFAZIO, Mr. 

DELAHUNT, Mr. ETHERIDGE, Mr. HOLT, Ms. JACKSON-LEE of Texas, 

Mr. KUHL of New York, Mr. LATHAM, Mrs. MALONEY of New York, Ms. 

SCHWARTZ, Mr. UDALL of New Mexico, Mrs. CAPPS, Mr. HIGGINS, Mr. 

MELANCON, Mr. GRIJALVA, Mr. CUMMINGS, Mr. MCGOVERN, Mr. ALEXANDER, Mr. CLEAVER, Mr. EMANUEL, Mr. WAMP, Mr. SALAZAR, Mr. 

CUELLAR, Mr. FATTAH, Mr. GONZALEZ, Mr. TIM MURPHY of Pennsylvania, Ms. BORDALLO, Mr. PATRICK MURPHY of Pennsylvania, Mr. 

HOLDEN, Mr. DOYLE, Mr. SHULER, Mr. VAN HOLLEN, Ms. MATSUI, Ms. 

LORETTA SANCHEZ of California, Mrs. DAVIS of California, Mr. LYNCH, 

Mr. ROSS, Mr. BOUCHER, Mr. WALZ of Minnesota, Ms. BERKLEY, Mr. 

HALL of New York, Ms. HOOLEY, Mrs. MCCARTHY of New York, Mr. 

BOSWELL, Mr. ELLISON, Ms. KILPATRICK, Mr. FARR, and Mr. LANTOS) 

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 aggreVerDate Aug 31 2005 22:00 Mar 01, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1211.IH H1211

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gate more than two years of active duty service in any 

five year period, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Resuming Education 

5 After Defense Service Act of 2007’’. 

6 SEC. 2. EDUCATIONAL ASSISTANCE UNDER MONTGOMERY 

7 GI BILL FOR MEMBERS OF THE SELECTED 

8 RESERVE WHO AGGREGATE MORE THAN 2 

9 YEARS OF ACTIVE DUTY SERVICE DURING 

10 ANY 5-YEAR PERIOD. 

11 (a) ENTITLEMENT.—Section 3012(a)(1) of title 38, 

12 United States Code, is amended— 

13 (1) in subparagraph (B), by striking ‘‘or’’ at 

14 the end; 

15 (2) in subparagraph (C), by adding ‘‘or’’ at the 

16 end; and 

17 (3) by inserting after subparagraph (C) the fol18 lowing new subparagraph (D): 

19 ‘‘(D) while in the Selected Reserve— 

20 ‘‘(i) is first ordered to serve on active 

21 duty in the Armed Forces under section 

22 12301(a), 12301(d), 12301(g), 12302, or 

23 12304 of title 10, during the period beginVerDate Aug 31 2005 22:00 Mar 01, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1211.IH H1211

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1 ning on September 11, 2001, and ending 

2 December 31, 2008; and 

3 ‘‘(ii) serves on active duty in the 

4 Armed Forces for one or more periods 

5 (whether continuous or otherwise) aggre6 gating not less than two years of service on 

7 active duty during a five-year period begin8 ning on the date the individual is first or9 dered to serve on active duty during the 

10 period referred to in clause (i);’’. 

11 (b) DURATION OF ASSISTANCE.—Section 3013(b) of 

12 such title is amended by striking ‘‘is entitled to’’ and all 

13 that follows and inserting the following: ‘‘is entitled to— 

14 ‘‘(1) one month of educational assistance bene15 fits under this chapter— 

16 ‘‘(A) in the case of an individual described 

17 in section 3012(a)(1)(A) of this title, for each 

18 month of continuous active duty served by such 

19 individual after June 30, 1985, as part of the 

20 obligated period of active duty on which such 

21 entitlement is based; 

22 ‘‘(B) in the case of an individual described 

23 in section 3012(a)(1)(B) of this title, for each 

24 month of continuous active duty served by such 

25 individual after June 30, 1985; or 


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1 ‘‘(C) in the case of an individual described 

2 in section 3012(a)(1)(D) of this title, for each 

3 month of active duty served by such individual 

4 after September 11, 2001, as part of the aggre5 gate period of active duty on which such entitle6 ment is based; and 

7 ‘‘(2) one month of educational assistance bene8 fits under this chapter for each four months served 

9 by such individual in the Selected Reserve after the 

10 applicable date specified in paragraph (1) (other 

11 than any month in which the individual served on 

12 active duty).’’. 

13 (c) AMOUNT OF ASSISTANCE.—Section 3015 of such 

14 title is amended— 

15 (1) in subsections (a)(1)(D) and (b)(1)(D), by 

16 striking ‘‘subsection (h)’’ and inserting ‘‘subsection 

17 (i)’’; 

18 (2) by redesignating subsection (h) as sub19 section (i); and 

20 (3) by inserting after subsection (g) the fol21 lowing new subsection (h): 

22 ‘‘(h) In the case of an individual entitled to an edu23 cational assistance allowance under section 3012(a)(1)(D) 

24 of this title, the amount of the basic educational assistance 


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1 allowance payable under this chapter is the amount deter2 mined under subsection (b) of this section.’’. 

3 (d) CONTRIBUTION.—Subsection (c) of section 3012 

4 of such title is amended— 

5 (1) in paragraph (1), by striking ‘‘paragraph 

6 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

7 (2) by redesignating paragraphs (2) and (3) as 

8 paragraphs (3) and (4), respectively; and 

9 (3) by inserting after paragraph (1) the fol10 lowing new paragraph: 

11 ‘‘(2) The basic pay of any individual described in sub12 section (a)(1)(D) who does not make an election under 

13 subsection (d)(1) shall be reduced by $100 for each of the 

14 first 12 months of active duty service (whether continuous 

15 or otherwise) that such individual is entitled to such pay.’’. 

16 (e) ELECTION TO OPT OUT.—Subsection (d)(1) of 

17 such section of such title is amended by striking ‘‘in sub18 section (a)(1)(A) of this section’’ and inserting ‘‘in sub19 section (a)(1)(A) or (a)(1)(D)’’. 

20 (f) OUTREACH.—(1) The Secretaries concerned shall 

21 take actions to inform members of the Selected Reserve 

22 who are or may become entitled to basic educational as23 sistance benefits under chapter 30 of title 38, United 

24 States Code, as a result of section 3012(a)(1)(D) of such 

25 title (as amended by subsection (a) of this section) of the 


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1 minimum service requirements for entitlement to such 

2 benefits under that chapter and of the scope and nature 

3 of such benefits. 

4 (2) In this subsection: 

5 (A) The term ‘‘Secretary concerned’’ has the 

6 meaning given such term in section 101(25) of title 

7 38, United States Code. 

8 (B) The term ‘‘Selected Reserve’’ has the 

9 meaning given such term in section 3002(4) of title 

10 38, United States Code. 

Æ 


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