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 provi-
sions 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. INCREASE IN AMOUNT OF BASIC EDUCATIONAL 
ASSISTANCE. 
(a) IN GENERAL.—Section 16131(b) of title 10, 
United States Code, is amended to read as follows:
‘‘(b) Except as provided in subsections (d) through 
(f), each educational assistance program established under 
subsection (a) shall provide for payment by the Secretary 
concerned, through the Secretary of Veterans Affairs, to 
each person entitled to educational assistance under this 
chapter who is pursuing a program of education of an edu-
cational assistance allowance at the following monthly 
rates: 
‘‘(1) For such a program of education pursued 
on a full-time basis, at the monthly rate equal to the 
applicable percentage (as defined in paragraph (3)) 
of the rate that applies for the month under section 
3015(a)(1) of title 38. 
‘‘(2)(A) Subject to subparagraph (B), for such 
a program of education pursued on a less than a 
full-time basis, at an appropriately reduced rate, as 
determined under regulations which the Secretaries 
concerned shall prescribe. 
‘‘(B) No payment may be made to a person for 
less than half-time pursuit of such a program of 
education if tuition assistance is otherwise available 
to the person for such pursuit from the military de-
partment concerned.
‘‘(3) In this subsection, the term ‘applicable 
percentage’ means, with respect to months occurring 
during— 
‘‘(A) fiscal year 2005, 33 percent; 
‘‘(B) fiscal year 2006, 37 percent; 
‘‘(C) fiscal year 2007, 41 percent; 
‘‘(D) fiscal year 2008, 45 percent; and 
‘‘(E) fiscal year 2009, and each subsequent 
fiscal year, 50 percent.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on October 1, 2004, and 
shall apply with respect to educational assistance allow-
ances under section 16131(b) of such title paid for months 
after September 2004. 
SEC. 2. EXPANSION OF ELIGIBILITY REQUIREMENTS FOR 
MEMBERS OF THE SELECTED RESERVE HAV-
ING SERVED ON ACTIVE DUTY FOR A PERIOD 
OF 24 NON-CONSECUTIVE MONTHS UNDER 
CHAPTER 30 OF TITLE 38, UNITED STATES 
CODE. 
(a) CREDIT FOR 24 MONTHS OF ACTIVE DUTY SERV-
ICE OVER A PERIOD OF 5 YEARS.—Subsection 3012(a) 
of title 38, United States Code, is amended in paragraphs 
(1)(A)(i), (1)(B)(i), and (1)(C)(iii)(I) by striking ‘‘two 
years of continuous active duty’’ each place it appears and
inserting ‘‘a cumulative period of 24 months during any 
5-year period’’. 
(b) CONFORMING AMENDMENT.—Subsection (b) of 
section 3012 of such title is amended in paragraph (1) 
by striking ‘‘during such two years’’ and inserting ‘‘at any 
time during such 5-year period’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply on or after October 1, 2005. 
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