I 

108TH CONGRESS 

2D SESSION H. R. 4188 

To amend chapter 1606 of title 10, United States Code, to increase the 

amount of basic educational assistance for members of the Selected 

Reserve, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2004 

Mr. LOBIONDO (for himself and Mr. MCINTYRE) introduced the following bill; 

which was referred to the Committee on Armed Services, and in addition 

to the Committee on Veterans’ Affairs, 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 chapter 1606 of title 10, United States Code, 

to increase the amount of basic educational assistance 

for members of the Selected Reserve, 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. INCREASE IN AMOUNT OF BASIC EDUCATIONAL 

4 ASSISTANCE. 

5 (a) IN GENERAL.—Section 16131(b) of title 10, 

6 United States Code, is amended to read as follows: 
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1 ‘‘(b) Except as provided in subsections (d) through 

2 (f), each educational assistance program established under 

3 subsection (a) shall provide for payment by the Secretary 

4 concerned, through the Secretary of Veterans Affairs, to 

5 each person entitled to educational assistance under this 

6 chapter who is pursuing a program of education of an edu7 cational assistance allowance at the following monthly 

8 rates: 

9 ‘‘(1) For such a program of education pursued 

10 on a full-time basis, at the monthly rate equal to the 

11 applicable percentage (as defined in paragraph (3)) 

12 of the rate that applies for the month under section 

13 3015(a)(1) of title 38. 

14 ‘‘(2)(A) Subject to subparagraph (B), for such 

15 a program of education pursued on a less than a 

16 full-time basis, at an appropriately reduced rate, as 

17 determined under regulations which the Secretaries 

18 concerned shall prescribe. 

19 ‘‘(B) No payment may be made to a person for 

20 less than half-time pursuit of such a program of 

21 education if tuition assistance is otherwise available 

22 to the person for such pursuit from the military de23 partment concerned. 
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1 ‘‘(3) In this subsection, the term ‘applicable 

2 percentage’ means, with respect to months occurring 

3 during— 

4 ‘‘(A) fiscal year 2005, 33 percent; 

5 ‘‘(B) fiscal year 2006, 37 percent; 

6 ‘‘(C) fiscal year 2007, 41 percent; 

7 ‘‘(D) fiscal year 2008, 45 percent; and 

8 ‘‘(E) fiscal year 2009, and each subsequent 

9 fiscal year, 50 percent.’’. 

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

11 subsection (a) shall take effect on October 1, 2004, and 

12 shall apply with respect to educational assistance allow13 ances under section 16131(b) of such title paid for months 

14 after September 2004. 

15 SEC. 2. EXPANSION OF ELIGIBILITY REQUIREMENTS FOR 

16 MEMBERS OF THE SELECTED RESERVE HAV17 ING SERVED ON ACTIVE DUTY FOR A PERIOD 

18 OF 24 NON-CONSECUTIVE MONTHS UNDER 

19 CHAPTER 30 OF TITLE 38, UNITED STATES 

20 CODE. 

21 (a) CREDIT FOR 24 MONTHS OF ACTIVE DUTY SERV22 ICE OVER A PERIOD OF 5 YEARS.—Subsection 3012(a) 

23 of title 38, United States Code, is amended in paragraphs 

24 (1)(A)(i), (1)(B)(i), and (1)(C)(iii)(I) by striking ‘‘two 

25 years of continuous active duty’’ each place it appears and 
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1 inserting ‘‘a cumulative period of 24 months during any 

2 5-year period’’. 

3 (b) CONFORMING AMENDMENT.—Subsection (b) of 

4 section 3012 of such title is amended in paragraph (1) 

5 by striking ‘‘during such two years’’ and inserting ‘‘at any 

6 time during such 5-year period’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply on or after October 1, 2005. 

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