I 
109TH CONGRESS 
1ST SESSION H. R. 1543 
To enhance and improve benefits for members of the National Guard and 
Reserves who serve extended periods on active duty, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2005 
Mr. MCGOVERN introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committees on House 
Administration, Education and the Workforce, Government Reform, Vet-
erans’ Affairs, and Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance and improve benefits for members of the Na-
tional Guard and Reserves who serve extended periods 
on active duty, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Guard and Reserve Enhanced Benefits Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents.
TITLE I—FAMILY ASSISTANCE BENEFITS 
Sec. 101. Military family leave. 
Sec. 102. Child care assistance for military dependents. 
TITLE II—EDUCATION BENEFITS 
Subtitle A—Montgomery GI Bill Benefits 
Sec. 201. Basic educational assistance for members of Selected Reserve serving 
extended or recurring periods on active duty. 
Sec. 202. Increase in amount of educational assistance for members of Selected 
Reserve. 
Sec. 203. Modification of time limitation for use of entitlement to educational 
assistance of members of Selected Reserve. 
Subtitle B—Other Education Benefits 
Sec. 211. Student loan deferments. 
Sec. 212. Preservation of educational status and tuition. 
TITLE III—COMPENSATION AND RETIREMENT BENEFITS 
Sec. 301. Nonreduction in pay for Federal employees who are Reserves serving 
on active duty in the uniformed services for extended periods. 
Sec. 302. Credit for income differential for employment of activated military re-
servist and replacement personnel. 
Sec. 303. Reduction from 60 to 55 in age for eligibility for receipt of nonreg-
ular service military retired pay. 
TITLE IV—HEALTH CARE BENEFITS 
Sec. 401. Expanded eligibility of Ready Reserve members under TRICARE 
program. 
Sec. 402. Continuation of non-TRICARE health benefits plan coverage for cer-
tain Reserves called or ordered to active duty and their depend-
ents. 
TITLE I—FAMILY ASSISTANCE 
BENEFITS 
SEC. 101. MILITARY FAMILY LEAVE. 
(a) GENERAL REQUIREMENTS FOR LEAVE.— 
(1) DEFINITIONS.—Section 101 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611) is 
amended by adding at the end the following: 
‘‘(14) QUALIFIED MEMBER.—The term ‘quali-
fied member’ means a member of a reserve compo-
nent of the Armed Forces on active duty service for 
a period of more than 30 days under a call or order 
to active duty under a provision of law referred to 
in section 101(a)(13)(B) of title 10, United States 
Code.’’. 
(2) 
ENTITLEMENT
TO
LEAVE.—Section 
102(a)(1) of such Act (29 U.S.C. 2612(a)) is 
amended by adding at the end the following: 
‘‘(E) In order to attend to financial, de-
pendent care, or other matters arising out of 
the absence (including the anticipated absence) 
of the spouse or of a son, daughter, or parent 
of the employee, who is (or will be) performing 
active duty on the basis of which such spouse, 
son, daughter, or parent meets (or will meet) 
the definition of a qualified member under sec-
tion 101(14).’’. 
(3) SCHEDULE.—Section 102(b)(1) of such Act 
(29 U.S.C. 2612(b)(1)) is amended by inserting 
after the second sentence the following: ‘‘Leave 
under subsection (a)(1)(E) may be taken intermit-
tently or on a reduced leave schedule.’’. 
(4) SUBSTITUTION
OF
PAID
LEAVE.—Section 
102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A))
is amended by striking ‘‘(A), (B), or (C)’’ and in-
serting ‘‘(A), (B), (C), or (E)’’. 
(5) NOTICE.—Section 102(e) of such Act (29 
U.S.C. 2612(e)) is amended by adding at the end 
the following: 
‘‘(3) NOTICE FOR MILITARY FAMILY LEAVE.— 
In any case in which an employee seeks leave under 
subsection (a)(1)(E), the employee shall provide 
such notice as is practicable.’’. 
(6) CERTIFICATION.—Section 103 of such Act 
(29 U.S.C. 2613) is amended by adding at the end 
the following: 
‘‘(f) 
CERTIFICATION
FOR
MILITARY
FAMILY 
LEAVE.—An employer may require that a request for 
leave under section 102(a)(1)(E) be supported by a certifi-
cation issued at such time and in such manner as the Sec-
retary shall by regulation prescribe.’’. 
(b) MILITARY FAMILY LEAVE FOR CIVIL SERVICE 
EMPLOYEES.— 
(1) DEFINITIONS.—Section 6381 of title 5, 
United States Code, is amended— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (6), by striking the pe-
riod and inserting a semicolon; and
(C) by adding at the end the following: 
‘‘(7) the term ‘qualified member’ means a mem-
ber of a reserve component of the Armed Forces on 
active duty service for a period of more than 30 days 
under a provision of law referred to in section 
101(a)(13)(B) of title 10.’’. 
(2) 
ENTITLEMENT
TO
LEAVE.—Section 
6382(a)(1) of such title is amended by adding at the 
end the following: 
‘‘(E) In order to attend to financial, dependent 
care, or other matters arising out of the absence (in-
cluding the anticipated absence) of the spouse or of 
a son, daughter, or parent of the employee, who is 
(or will be) performing active duty on the basis of 
which such spouse, son, daughter, or parent meets 
(or will meet) the definition of a qualified member 
under section 6381(7).’’. 
(3) SCHEDULE.—Section 6382(b)(1) of such 
title is amended by inserting after the second sen-
tence the following: ‘‘Leave under subsection 
(a)(1)(E) may be taken intermittently or on a re-
duced leave schedule.’’. 
(4) SUBSTITUTION
OF
PAID
LEAVE.—Section 
6382(d) of such title is amended by striking ‘‘(A),
(B), (C), or (D)’’ and inserting ‘‘(A), (B), (C), (D), 
or (E)’’. 
(5) NOTICE.—Section 6382(e) of such title is 
amended by adding at the end the following: 
‘‘(3) In any case in which an employee seeks leave 
under subsection (a)(1)(E), the employee shall provide 
such notice as is practicable.’’. 
(6) CERTIFICATION.—Section 6383 of such title 
is amended by adding at the end the following: 
‘‘(f) An employing agency may require that a request 
for leave under section 6382(a)(1)(E) be supported by a 
certification issued at such time and in such manner as 
the Office of Personnel Management shall by regulation 
prescribe.’’. 
SEC. 102. CHILD CARE ASSISTANCE FOR MILITARY DE-
PENDENTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
658B of the Child Care and Development Block Grant Act 
of 1990 (42 U.S.C. 9858) is amended— 
(1) by striking ‘‘There is’’ and inserting ‘‘(a) IN 
GENERAL.—There is’’; 
(2) in subsection (a), as so designated, by in-
serting ‘‘(except section 658T)’’ after ‘‘this sub-
chapter’’; and 
(3) by adding at the end the following:
‘‘(b) CHILD CARE FOR CERTAIN MILITARY DEPEND-
ENTS.—There is authorized to be appropriated to carry 
out section 658T $200,000,000 for each of fiscal years 
2005 through 2009.’’. 
(b) CHILD CARE ASSISTANCE.—The Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 9858 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 658T. CHILD CARE ASSISTANCE FOR MILITARY DE-
PENDENTS. 
‘‘(a) IN GENERAL.—The Secretary shall make grants 
to eligible spouses to assist the spouses in paying for the 
cost of child care services provided to dependents by eligi-
ble child care providers. In making the grants, the Sec-
retary shall give priority to eligible spouses of qualified 
members on active duty for a period of more than 6 
months. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) 
DEPENDENT.—The 
term 
‘dependent’ 
means an individual who is— 
‘‘(A) a dependent, as defined in section 
401 of title 37, United States Code, except that 
such term does not include a person described 
in paragraph (1) or (3) of subsection (a) of 
such section; and
‘‘(B) an individual described in subpara-
graphs (A) and (B) of section 658P(4). 
‘‘(2) ELIGIBLE
SPOUSE.—The term ‘eligible 
spouse’ means a person who— 
‘‘(A) is a parent of one or more dependents 
of a qualified member; and 
‘‘(B) has the primary responsibility for the 
care of one or more such dependents. 
‘‘(3) QUALIFIED MEMBER.—The term ‘qualified 
member’ means a member of a reserve component of 
the Armed Forces on active duty service for a period 
of more than 30 days under a provision of law re-
ferred to in section 101(a)(13)(B) of title 10, United 
States Code. 
‘‘(c) APPLICATIONS.—To be eligible to receive a grant 
under this section, a spouse shall submit an application 
to the Secretary, at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding a description of the eligible child care provider who 
provides the child care services assisted through the grant. 
‘‘(d) RULE.—The provisions of this subchapter, other 
than section 658P and provisions referenced in section 
658P, that apply to assistance provided under this sub-
chapter shall not apply to assistance provided under this 
section.’’.
(c) CONFORMING AMENDMENTS.—Section 658O of 
the Child Care and Development Block Grant Act of 1990 
(42 U.S.C. 9858m) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘appro-
priated under this subchapter’’ and inserting 
‘‘appropriated under section 658B(a)’’; and 
(B) in paragraph (2), by striking ‘‘appro-
priated under section 658B’’ and inserting ‘‘ap-
propriated under section 658(a)’’; and 
(2) in subsection (b)(1), by striking ‘‘appro-
priated under section 658B’’ and inserting ‘‘appro-
priated under section 658(a)’’. 
TITLE II—EDUCATION BENEFITS 
Subtitle A—Montgomery GI Bill 
Benefits 
SEC. 201. BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS 
OF SELECTED RESERVE SERVING EXTENDED 
OR RECURRING PERIODS ON ACTIVE DUTY. 
(a) ENTITLEMENT.—(1) Subsection (a)(1) of section 
3011 of title 38, United States Code, is amended— 
(A) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(B) in subparagraph (C), by adding ‘‘or’’ at the 
end; and
(C) by adding at the end the following new sub-
paragraph: 
‘‘(D) after September 11, 2001, while a 
member of the Selected Reserve— 
‘‘(i) serves at least 12 months of con-
tinuous active duty in the Armed Forces; 
or 
‘‘(ii) during any 60-month period, 
serves an aggregate of 24 months of con-
tinuous active duty in the Armed Forces;’’. 
(2) Subsection (d)(3) of such section is amended by 
striking ‘‘The period of service’’ and inserting ‘‘Except in 
the case of an individual described in subsection (a)(1)(D), 
the period of service’’. 
(b) EXCLUSION FROM CONTRIBUTIONS
FOR IN-
CREASED ASSISTANCE.—Subsection (e)(1) of such section 
is amended by inserting ‘‘(other than an individual de-
scribed in subsection (a)(1)(D)’’ after ‘‘Any individual’’. 
(c) AMOUNT OF ASSISTANCE.—Section 3015(a) of 
such title is amended by inserting after ‘‘three years’’ the 
following: ‘‘or an individual whose service on active duty 
on which such entitlement is based is described in clause 
(i) or (ii) of section 3011(a)(1)(D) of this title’’.
SEC. 202. INCREASE IN AMOUNT OF EDUCATIONAL ASSIST-
ANCE FOR MEMBERS OF SELECTED RE-
SERVE. 
(a) INCREASE IN AMOUNTS.—Section 16131(b)(1) of 
title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘$251’’ 
and inserting ‘‘$400’’; 
(2) in subparagraph (B), by striking ‘‘$188’’ 
and inserting ‘‘$300’’; and 
(3) in subparagraph (C), by striking ‘‘$125’’ 
and inserting ‘‘$200’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply with respect to monthly 
rates of educational assistance for months beginning on 
or after that date. 
SEC. 203. MODIFICATION OF TIME LIMITATION FOR USE OF 
ENTITLEMENT 
TO 
EDUCATIONAL 
ASSIST-
ANCE OF MEMBERS OF SELECTED RESERVE. 
Section 16133(a)(2) of title 10, United States Code, 
is amended— 
(1) by inserting ‘‘that is five years after the 
date’’ after ‘‘on the date’’; and 
(2) by striking ‘‘first’’ and inserting ‘‘later’’.
Subtitle B—Other Education 
Benefits 
SEC. 211. STUDENT LOAN DEFERMENTS. 
(a) FFEL AND DIRECT SUBSIDIZED LOANS.—Sec-
tion 428(b)(1)(M) of the Higher Education Act of 1965 
(20 U.S.C. 1078(b)(1)(M)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ after the 
semicolon; 
(2) in clause (iii), by inserting ‘‘or’’ after the 
semicolon; and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) during which the borrower is a 
member of a reserve component of the 
Armed Forces on active duty for a period 
of more than 30 days under a call or order 
to active duty under a provision of law re-
ferred to in section 101(a)(13)(B) of title 
10, United States Code, and for 3 months 
following discharge or release from such 
active duty.’’. 
(b) 
CONSOLIDATION
LOANS.—Section 
428C(b)(4)(C)(ii) of the Higher Education Act of 1965 
(20 U.S.C. 1078–3(b)(4)(C)(ii)) is amended— 
(1) in subclause (II), by striking ‘‘or’’ after the 
semicolon;
(2) in subclause (III), by striking ‘‘or (II)’’ and 
inserting ‘‘, (II) or (III)’’; 
(3) by redesignating subclause (III) (as so 
amended) as subclause (IV); and 
(4) by inserting after subclause (II) the fol-
lowing: 
‘‘(III) by the Secretary, in the case of a 
consolidation loan of a student who is on an ac-
tive 
duty 
deferment 
under 
section 
428(b)(1)(M)(iv); or’’. 
(c) FFEL AND DIRECT UNSUBSIDIZED LOANS.— 
Section 428H(e)(2) of the Higher Education Act of 1965 
(20 U.S.C. 1078–8(e)(2)) is amended by adding at the 
end the following: 
‘‘(C) Notwithstanding subparagraph (A), inter-
est on loans made under this section for which pay-
ments of principal are deferred because the student 
is on an active duty deferment under section 
428(b)(1)(M)(iv) shall be paid by the Secretary.’’. 
(d) PERKINS LOANS.—Section 464(c)(2)(A) of the 
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1087dd(c)(2)(A)) is amended— 
(1) in clause (iii), by striking ‘‘or’’ after the 
semicolon;
(2) in clause (iv), by inserting ‘‘or’’ after the 
semicolon; and 
(3) by inserting after clause (iv) the following: 
‘‘(v) during which the borrower is a mem-
ber of a reserve component of the Armed 
Forces on active duty for a period of more than 
30 days under a call or order to active duty 
under a provision of law referred to in section 
101(a)(13)(B) of title 10, United States Code, 
and for 3 months following discharge or release 
from such active duty.’’. 
SEC. 212. PRESERVATION OF EDUCATIONAL STATUS AND 
TUITION. 
(a) IN GENERAL.—Title VII of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 707. PRESERVATION OF EDUCATIONAL STATUS AND 
TUITION. 
‘‘(a) LEAVE OF ABSENCE.—A servicemember who is 
a member of a reserve component on active duty for a 
period of more than 30 days under a call or order to active 
duty under a provision of law referred to in section 
101(a)(13)(B) of title 10, United States Code, and who 
is enrolled as a student at an institution of higher edu-
cation at the time of entry into the service on active duty,
shall be granted a leave of absence from the institution 
during the period of the service on active duty and for 
one year after the conclusion of the service on active duty. 
‘‘(b) EDUCATIONAL STATUS.— 
‘‘(1) IN GENERAL.—A servicemember on a leave 
of absence from an institution of higher education 
under subsection (a) shall be entitled, upon comple-
tion of the leave of absence, to be restored to the 
educational status the servicemember had attained 
before entering into the service on active duty as de-
scribed in that subsection without loss of academic 
credits earned, scholarships or grants awarded, or, 
subject to paragraph (2), tuition and other fees paid 
before the entry of the servicemember into the serv-
ice on active duty. 
‘‘(2) TUITION.— 
‘‘(A) REFUND.—An institution of higher 
education shall refund tuition or fees paid or 
credit the tuition and fees to the next period of 
enrollment after a servicemember returns from 
the leave of absence, at the option of the 
servicemember. Notwithstanding the 180-day 
limitation referred to in subsection (a)(2)(B) of 
section 484B of the Higher Education Act of 
1965 (20 U.S.C. 1091b), a servicemember on a
leave of absence under this section shall not be 
treated as having withdrawn for purposes of 
such section 484B unless the servicemember 
fails to return upon the completion of the leave 
of absence. 
‘‘(B) 
AMOUNT
OF
REFUND.—If 
a 
servicemember requests a refund for a period of 
enrollment, the percentage of the tuition and 
fees that shall be refunded shall be equal to 100 
percent minus— 
‘‘(i) the percentage of the period of 
enrollment (for which the tuition and fees 
were paid) that was completed (as deter-
mined in accordance with subsection (d) of 
such section 484B) as of the day the 
servicemember withdrew, provided that 
such date occurs on or before the comple-
tion of 60 percent of the period of enroll-
ment; or 
‘‘(ii) 100 percent, if the day the per-
son 
withdrew 
occurs 
after 
the 
servicemember has completed 60 percent of 
the period of enrollment.’’.
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of that Act is amended by adding at the 
end the following new item: 
‘‘707. Preservation of educational status and tuition.’’. 
TITLE III—COMPENSATION AND 
RETIREMENT BENEFITS 
SEC. 301. NONREDUCTION IN PAY FOR FEDERAL EMPLOY-
EES WHO ARE RESERVES SERVING ON AC-
TIVE DUTY IN THE UNIFORMED SERVICES 
FOR EXTENDED PERIODS. 
(a) IN GENERAL.—Subchapter IV of chapter 55 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘§ 5538. Nonreduction in pay of reserves on active 
duty in the uniformed services for ex-
tended periods 
‘‘(a) An employee who is absent from a position of 
employment with the Federal Government in order to per-
form active duty in the uniformed services for a period 
of more than 30 days pursuant to a call or order to active 
duty under a provision of law referred to in section 
101(a)(13)(B) of title 10 shall be entitled, while serving 
on active duty, to receive, for each pay period described 
in subsection (b), an amount equal to the amount by 
which—