II 

108TH CONGRESS 

2D SESSION S. 2099

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 SENATE OF THE UNITED STATES 

FEBRUARY 23, 2004

Mr. MILLER (for himself and Mr. DEWINE) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2

•S 2099 IS 

1 SECTION 1. EDUCATIONAL ASSISTANCE UNDER MONT2 GOMERY GI BILL FOR MEMBERS OF THE SE3 LECTED RESERVE WHO AGGREGATE MORE 

4 THAN 2 YEARS OF ACTIVE DUTY SERVICE 

5 DURING ANY 5-YEAR PERIOD. 

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

7 United States Code, is amended—

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

9 the end; 

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

11 end; and 

12 (3) by inserting after subparagraph (C) the fol13 lowing new subparagraph (D): 

14 ‘‘(D) during any five-year period beginning 

15 on or after September 11, 2001, while in the 

16 Selected Reserve, serves on active duty in the 

17 Armed Forces for one or more periods (whether 

18 continuous or otherwise) aggregating not less 

19 than two years of service on active duty during 

20 such period;’’. 

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

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

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

24 ‘‘(1) one month of educational assistance bene25 fits under this chapter—
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•S 2099 IS 

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

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

3 month of continuous active duty served by such 

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

5 obligated period of active duty on which such 

6 entitlement is based; 

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

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

9 month of continuous active duty served by such 

10 individual after June 30, 1985; or 

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

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

13 month of active duty served by such individual 

14 after September 11, 2001, as part of the aggre15 gate period of active duty on which such entitle16 ment is based; and 

17 ‘‘(2) one month of educational assistance bene18 fits under this chapter for each four months served 

19 by such individual in the Selected Reserve after the 

20 applicable date specified in paragraph (1) of this 

21 subsection (other than any month in which the indi22 vidual served on active duty).’’. 

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

24 title is amended—
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•S 2099 IS 

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

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

3 (i)’’; 

4 (2) by redesignating subsection (h) as sub5 section (i); and 

6 (3) by inserting after subsection (g) the fol7 lowing new subsection (h): 

8 ‘‘(h) In the case of an individual entitled to an edu9 cational assistance allowance under section 3012(a)(1)(D) 

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

11 allowance payable under this chapter is the amount deter12 mined under subsection (b) of this section.’’. 

13 (d) OUTREACH.—(1) The Secretaries concerned shall 

14 take actions to inform members of the Selected Reserve 

15 who are or may become entitled to basic educational as16 sistance benefits under chapter 30 of title 38, United 

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

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

19 minimum service requirements for entitlement to such 

20 benefits under that chapter and of the scope and nature 

21 of such benefits. 

22 (2) In this subsection: 

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

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

25 38, United States Code. 
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•S 2099 IS 

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

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

3 38, United States Code.

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