S.Amdt. 3422

1. Adds TITLE XIII--BENEFITS FOR RESERVES ON EXTENDED TOURS OF ACTIVE DUTY at the end of division A

   Adds a title

   In S. 2400 · Placed on Calendar Senate

   "(2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code).".

   Inserted: TITLE XIII--BENEFITS FOR RESERVES ON EXTENDED TOURS OF ACTIVE DUTY

   Inserted: SEC. 1301. SHORT TITLE.

   Inserted: This title may be cited as the "Guard and Reserve Enhanced Benefits Act of 2004".

   Inserted: Subtitle A--Family Assistance Benefits SEC. 1311. MILITARY FAMILY LEAVE.

   Inserted: (a) General Requirements for Leave.--

   Inserted: (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:

   Inserted: "(14) Active duty.--The term 'active duty' means duty 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.

   Inserted: "(15) Qualified member.--The term 'qualified member' means a member of the reserve components on active duty for a period of more than 30 days.".

   Inserted: (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:

   Inserted: "(E) Because the spouse, son, daughter, or parent of the employee is a qualified member.".

   Inserted: (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 intermittently or on a reduced leave schedule.".

   Inserted: (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 inserting "(A), (B), (C), or (E)".

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   Inserted: (5) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following:

   Inserted: "(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.".

   Inserted: (6) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following:

   Inserted: "(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 certification issued at such time and in such manner as the Secretary may by regulation prescribe.".

   Inserted: (b) Military Family Leave for Civil Service Employees.--

   Inserted: (1) Definitions.--Section 6381 of title 5, United States Code, is amended--

   Inserted: (A) in paragraph (5), by striking "and" at the end;

   Inserted: (B) in paragraph (6), by striking the period and inserting "; and"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(7) the term 'active duty' means duty 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

   Inserted: "(8) the term 'qualified member' means a member of the reserve components on active duty for a period of more than 30 days.".

   Inserted: (2) Entitlement to leave.--Section 6382(a) of such title is amended by adding at the end the following:

   Inserted: "(E) Because the spouse, son, daughter, or parent of the employee is a qualified member.".

   Inserted: (3) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: "Leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.".

   Inserted: (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)".

   Inserted: (5) Notice.--Section 6382(e) of such title is amended by adding at the end the following:

   Inserted: "(3) In any case in which an employee seeks leave under subsection (a)(1)(E), the employee shall provide such notice as is practicable.".

   Inserted: (6) Certification.--Section 6383 of such title is amended by adding at the end the following:

   Inserted: "(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 may by regulation prescribe.".

   Inserted: SEC. 1312. CHILD CARE FOR MILITARY DEPENDENTS.

   Inserted: (a) In General.--The Secretary of Defense shall permit the children of covered members of the Reserves to attend military child development centers and participate in child care and development programs and activities under subchapter II of chapter 88 of title 10, United States Code, and other applicable provisions of law, to the same extent, and subject to the same terms and conditions, as children of members of the Armed Forces in the regular components are permitted to attend such centers and participate in such programs and activities.

   Inserted: (b) Child Care for Children Without Access to Military Child Development Centers.--(1) In any case where the children of a covered member of the Reserves who are geographically dispersed and do not have practical access to a military child development center, the Secretary shall satisfy the requirement in subsection (a) with such funds as are necessary to permit the member's family to secure access for such children to child care and development programs and activities in the private sector that are similar in scope and quality to the child care and development programs and activities the Secretary would otherwise provide access to under that subsection.

   Inserted: (2) Funds may be provided under this subsection in accordance with the provisions of section 1798 of title 10, United States Code, or by such other mechanism as the Secretary considers appropriate.

   Inserted: (c) Preservation of Services and Programs.--The Secretary shall provide for the attendance and participation of children in military child development centers and child care and development programs and activities under this section in a manner that preserves the scope and quality of child care and development programs and activities otherwise provided by the Secretary.

   Inserted: (d) Funding.--Amounts available to the Department of Defense and the military departments for operation and maintenance shall be available for the costs of the attendance and participation of children in military child development centers and child care and development programs and activities under this section.

   Inserted: (e) Definitions.--In this section:

   Inserted: (1) The term "covered members of the Reserves" means members of the Armed Forces who are called or ordered to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, for Operation Enduring Freedom or Operation Iraqi Freedom.

   Inserted: (2) The term "military child development center" has the meaning given such term in section 1800(1) of title 10, United States Code.

   Inserted: Subtitle B--Education Benefits

   Inserted: PART I--MONTGOMERY GI BILL BENEFITS

   Inserted: SEC. 1321. BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF SELECTED RESERVE SERVING EXTENDED OR RECURRING PERIODS ON ACTIVE DUTY.

   Inserted: (a) Entitlement.--(1) Subsection (a)(1) of section 3011 of title 38, United States Code, is amended--

   Inserted: (A) in subparagraph (B), by striking "or" at the end;

   Inserted: (B) in subparagraph (C), by adding "or" at the end; and

   Inserted: (C) by adding at the end the following new subparagraph:

   Inserted: "(D) after September 11, 2001, while a member of the Selected Reserve--

   Inserted: "(i) serves at least 12 months of continuous active duty in the Armed Forces; or

   Inserted: "(ii) during any 60-month period, serves an aggregate of 24 months of continuous active duty in the Armed Forces;".

   Inserted: (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".

   Inserted: (b) Exclusion From Contributions for Increased Assistance.--Subsection (e)(1) of such section is amended by inserting "(other than an individual described in subsection (a)(1)(D)" after "Any individual".

   Inserted: (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".

   Inserted: SEC. 1322. INCREASE IN AMOUNT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF SELECTED RESERVE.

   Inserted: (a) Increase in Amounts.--Section 16131(b)(1) of title 10, United States Code, is amended--

   Inserted: (1) in subparagraph (A), by striking "$251" and inserting "$400";

   Inserted: (2) in subparagraph (B), by striking "$188" and inserting "$300"; and

   Inserted: (3) in subparagraph (C), by striking "$125" and inserting "$200".

   Inserted: (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to monthly rates of educational assistance for months beginning on or after that date.

   Inserted: SEC. 1323. MODIFICATION OF TIME LIMITATION FOR USE OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE OF MEMBERS OF SELECTED RESERVE.

   Inserted: Section 16133(a)(2) of title 10, United States Code, is amended--

   Inserted: (1) by inserting "that is five years after the date" after "on the date"; and

   Inserted: (2) by striking "first" and inserting "later".

   Inserted: PART II--OTHER EDUCATION BENEFITS

   Inserted: SEC. 1326. STUDENT LOAN DEFERMENTS.

   Inserted: (a) FFEL and Direct Subsidized Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--

   Inserted: (1) in clause (ii), by striking "or" after the semicolon;

   Inserted: (2) in clause (iii), by inserting "or" after the semicolon; and

   Inserted: (3) by inserting after clause (iii) the following:

   Inserted: "(iv) during which the borrower is a member of the reserve components 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.".

   Inserted: (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--

   Inserted: (1) in subclause (II), by striking "or" after the semicolon;

   Inserted: (2) in subclause (III), by striking "or (II)" and inserting ", (II) or (III)";

   Inserted: (3) by redesignating subclause (III) (as so amended) as subclause (IV); and

   Inserted: (4) by inserting after subclause (II) the following:

   Inserted: "(III) by the Secretary, in the case of a consolidation loan of a student who is on an active duty deferment under section 428(b)(1)(M)(iv); or".

   Inserted: (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:

   Inserted: "(C) Notwithstanding subparagraph (A), interest on loans made under this section for which payments 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.".

   Inserted: (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--

   Inserted: (1) in clause (iii), by striking "or" after the semicolon;

   Inserted: (2) in clause (iv), by inserting "or" after the semicolon; and

   Inserted: (3) by inserting after clause (iv) the following:

   Inserted: "(v) during which the borrower is a member of the reserve components 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.".

   Inserted: SEC. 1327. PRESERVATION OF EDUCATIONAL STATUS AND TUITION.

   Inserted: (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), as amended by section 1 of Public Law 108-189 (117 Stat. 2835), is further amended by adding at the end the following new section:

   Inserted: "SEC. 707. PRESERVATION OF EDUCATIONAL STATUS AND TUITION.

   Inserted: "(a) Leave of Absence.--A servicemember who is a member of the reserve components 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 education 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.

   Inserted: "(b) Educational Status.--

   Inserted: "(1) In general.--A servicemember on a leave of absence from an institution of higher education under subsection (a) shall be entitled, upon completion 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 described 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 service on active duty.

   Inserted: "(2) Tuition.--

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(i) the percentage of the period of enrollment (for which the tuition and fees were paid) that was completed (as determined 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 completion of 60 percent of the period of enrollment; or

   Inserted: "(ii) 100 percent, if the day the person withdrew occurs after the servicemember has completed 60 percent of the period of enrollment.".

   Inserted: (b) Clerical Amendment.--The table of contents of that Act is amended by adding at the end the following new item:

   Inserted: "Sec. 707. Preservation of educational status and tuition.".

   Inserted: Subtitle C--Retirement Benefits SEC. 1331. REDUCED MINIMUM AGE FOR ELIGIBILITY FOR NON-REGULAR SERVICE RETIRED PAY.

   Inserted: Section 12731(a)(1) of title 10, United States Code, is amended by striking "60 years of age" and inserting "55 years of age".

   Original wording

   At the end of division A, add the following:

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As printed