I 

108TH CONGRESS 

2D SESSION H. R. 4788 

To provide grants to States for tuition assistance for undergraduate studies 

for members of the Selected Reserve at public institutions of higher learning. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 8, 2004 

Mr. WU introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL 

To provide grants to States for tuition assistance for undergraduate studies for members of the Selected Reserve 

at public institutions of higher learning. 

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 ‘‘National Guard and 

5 Reservists Education Benefits Act’’. 

6 SEC. 2. BLOCK GRANTS TO STATES FOR TUITION ASSIST7 ANCE FOR MEMBERS OF THE SELECTED RE8 SERVE. 

9 (a) ESTABLISHMENT OF PROGRAM.— 
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1 (1) IN GENERAL.—The Secretary of Education 

2 shall carry out a program of block grants to States 

3 under this section to provide for the payment of tui4 tion and fees for undergraduate studies at public in5 stitutions of higher learning otherwise payable by a 

6 member of the Selected Reserve attending those in7 stitutions for those studies. 

8 (2) LIMITATION.—Tuition assistance under this 

9 section shall not be made available to a member of 

10 the Selected Reserve who participates in the pro11 gram of educational assistance under chapter 1606 

12 of title 10, United States Code, or under chapter 30 

13 of title 38, United States Code. 

14 (b) STATE CERTIFICATIONS.—Not later than October 

15 1 of each of fiscal year for which a State desires to receive 

16 an allotment under this section, the chief executive officer 

17 of the State shall submit to the Secretary a certification 

18 that the State will— 

19 (1) use such funds to defray the costs of tuition 

20 and fees for undergraduate studies of members of 

21 the Selected Reserve attending public institutions of 

22 higher learning in the States; 

23 (2) return any unused funds to the Secretary in 

24 accordance with the reconciliation process under 

25 subsection (d); and 
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1 (3) comply with the reporting requirements 

2 under subsection (e). 

3 (c) PAYMENTS TO STATES.—For each of fiscal years 

4 2005 through 2010, the Secretary shall pay to each State 

5 that submits a certification under subsection (b), from any 

6 funds appropriated under subsection (g), for the fiscal 

7 year an amount equal to the amount of the allotment de8 termined for the fiscal year under subsection (f). 

9 (d) RECONCILIATION PROCESS.— 

10 (1) 3-YEAR AVAILABILITY OF AMOUNTS ALLOT11 TED.—Each State that receives an allotment under 

12 this section shall return to the Secretary any unused 

13 portion of the amount allotted to a State under this 

14 section for a fiscal year not later than the last day 

15 of the second succeeding fiscal year together with 

16 any earnings on such unused portion. 

17 (2) PROCEDURE FOR REDISTRIBUTION OF UN18 USED ALLOTMENTS.—The Secretary shall establish 

19 an appropriate procedure for redistributing to States 

20 that have expended the entire amount allotted under 

21 this section any amount that is— 

22 (A) returned to the Secretary by States 

23 under paragraph (1); or 

24 (B) not allotted to a State under this sec25 tion because the State did not submit a certifi-
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1 cation under subsection (b) by October 1 of a 

2 fiscal year. 

3 (e) REPORTING REQUIREMENTS.— 

4 (1) MONITORING AND EVALUATION.—Each 

5 State receiving an allotment under this section for a 

6 fiscal year shall monitor and evaluate the tuition as7 sistance program carried out under this section 

8 using funds made available under this section in 

9 such manner as the Secretary, in consultation with 

10 the States, determines appropriate. 

11 (2) ANNUAL REPORTS.—Not less frequently 

12 than annually, each State receiving an allotment 

13 under this section for a fiscal year shall submit to 

14 the Secretary reports on the tuition assistance pro15 grams carried out under this section at such time, 

16 in such manner, and containing such information as 

17 the Secretary may require. 

18 (f) AMOUNT OF ALLOTMENTS.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), of the amount appropriated for the pur21 pose of making allotments under this section for a 

22 fiscal year, the Secretary shall allot to each State 

23 that submits a certification under subsection (b) for 

24 the fiscal year an amount equal to the amount that 

25 bears the same ratio to the number of members of 
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1 the Selected Reserve residing in the State (as deter2 mined by the Secretary based on the most recent 

3 March supplement to the Current Population Survey 

4 of the Bureau of the Census before the beginning of 

5 the calendar year in which such fiscal year begins) 

6 as bears to the number of members of the Selected 

7 Reserve residing in all States. 

8 (2) MINIMUM ALLOTMENTS.—No allotment for 

9 a fiscal year under this section shall be less than— 

10 (A) in the case of a State other than the 

11 Commonwealth of Puerto Rico, the United 

12 States Virgin Islands, Guam, American Samoa, 

13 and the Commonwealth of the Northern Mar14 iana Islands, 1 percent of the amount appro15 priated for the fiscal year under subsection (g); 

16 and 

17 (B) in the case of the Commonwealth of 

18 Puerto Rico, the United States Virgin Islands, 

19 Guam, American Samoa, and the Common20 wealth of the Northern Mariana Islands, 0.5 

21 percent of such amount. 

22 (3) PRO RATA REDUCTIONS.—The Secretary 

23 shall make such pro rata reductions to the allot24 ments determined under paragraph (1) as are nec-
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1 essary to comply with the requirements of paragraph 

2 (2). 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $100,000,000 for each of 

5 fiscal years 2005 through 2010 for purposes of making 

6 allotments to States under this section. 

7 (h) DEFINITIONS.—In this section: 

8 (1) SELECTED RESERVE.—The term ‘‘Selected 

9 Reserve’’ means the Selected Reserve of the Ready 

10 Reserve of any of the reserve components (including 

11 the Army National Guard of the United States and 

12 the Air National Guard of the United States) of the 

13 Armed Forces, as required to be maintained under 

14 section 10143(a) of title 10, United States Code. 

15 (2) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Education. 

17 (3) INSTITUTION OF HIGHER LEARNING.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given that term under section 101(a) of the 

20 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

21 (4) STATE.—The term State’’ means each of 

22 the 50 States, the District of Columbia, the Com23 monwealth of Puerto Rico, the United States Virgin 

24 Islands, Guam, American Samoa, and the Common25 wealth of the Northern Mariana Islands. 
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1 (5) TUITION AND FEES FOR UNDERGRADUATE

2 STUDIES.—The term ‘‘tuition and fees for under3 graduate studies’’ means the actual cost of tuition 

4 and fees for undergraduate studies charged by a 

5 public institution of higher learning to similarly 

6 circumstanced individuals who are not members of 

7 the Selected Reserve for enrollment in courses of 

8 education at the institution, and includes the aver9 age cost of books and supplies payable by such indi10 viduals for those studies. 

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