I 

108TH CONGRESS 

2D SESSION H. R. 4367

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 HOUSE OF REPRESENTATIVES 

MAY 13, 2004

Mr. MATHESON 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 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,

3 SECTION 1. SHORT TITLE. 

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

5 After Defense Service Act of 2004’’. 
2

•HR 4367 IH 

1 SEC. 2. EDUCATIONAL ASSISTANCE UNDER MONTGOMERY 

2 GI BILL FOR MEMBERS OF THE SELECTED 

3 RESERVE WHO AGGREGATE MORE THAN 2 

4 YEARS OF ACTIVE DUTY SERVICE DURING 

5 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) while in the Selected Reserve— 

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

16 duty in the Armed Forces under section 

17 12301(a), 12301(d), 12301(g), 12302, or 

18 12304 of title 10, during the period begin19 ning on September 11, 2001, and ending 

20 December 31, 2006; and 

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

22 Armed Forces for one or more periods 

23 (whether continuous or otherwise) aggre24 gating not less than two years of service on 

25 active duty during a five-year period begin26 ning on the date the individual is first or-
3

•HR 4367 IH 

1 dered to serve on active duty during the 

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

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

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

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

6 ‘‘(1) one month of educational assistance bene7 fits under this chapter—

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

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

10 month of continuous active duty served by such 

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

12 obligated period of active duty on which such 

13 entitlement is based; 

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

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

16 month of continuous active duty served by such 

17 individual after June 30, 1985; or 

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

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

20 month of active duty served by such individual 

21 after September 11, 2001, as part of the aggre22 gate period of active duty on which such entitle23 ment is based; and 

24 ‘‘(2) one month of educational assistance bene25 fits under this chapter for each four months served 
4

•HR 4367 IH 

1 by such individual in the Selected Reserve after the 

2 applicable date specified in paragraph (1) of this 

3 subsection (other than any month in which the indi4 vidual served on active duty).’’. 

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

6 title is amended—

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

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

9 (i)’’; 

10 (2) by redesignating subsection (h) as sub11 section (i); and 

12 (3) by inserting after subsection (g) the fol13 lowing new subsection (h): 

14 ‘‘(h) In the case of an individual entitled to an edu15 cational assistance allowance under section 3012(a)(1)(D) 

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

17 allowance payable under this chapter is the amount deter18 mined under subsection (b) of this section.’’. 

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

20 take actions to inform members of the Selected Reserve 

21 who are or may become entitled to basic educational as22 sistance benefits under chapter 30 of title 38, United 

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

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

25 minimum service requirements for entitlement to such 
5

•HR 4367 IH 

1 benefits under that chapter and of the scope and nature 

2 of such benefits. 

3 (2) In this subsection: 

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

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

6 38, United States Code. 

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

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

9 38, United States Code.

Æ