115th CONGRESS 1st Session |
To amend titles 5, 10, 37, and 38, United States Code, to ensure that an order to serve on active duty under section 12304a or 12304b of title 10, United States Code, is treated the same as other orders to serve on active duty for determining the eligibility of members of the uniformed services and veterans for certain benefits and for calculating the deadlines for certain benefits.
March 15, 2017
Mr. Franken (for himself, Mrs. Capito, Ms. Klobuchar, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on Armed Services
To amend titles 5, 10, 37, and 38, United States Code, to ensure that an order to serve on active duty under section 12304a or 12304b of title 10, United States Code, is treated the same as other orders to serve on active duty for determining the eligibility of members of the uniformed services and veterans for certain benefits and for calculating the deadlines for certain benefits.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Reserve Component Benefits Parity Act”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Eligibility of reserve component members for pre-mobilization health care.
Sec. 3. Eligibility of reserve component members for transitional health care.
Sec. 4. Consideration of service on active duty to reduce age for eligibility for retired pay for
non-regular service.
Sec. 5. Eligibility of reserve component members for high-deployment allowance for lengthy or
numerous deployments and frequent mobilizations.
Sec. 6. Eligibility of reserve component members for post-9/11 educational assistance.
Sec. 7. Eligibility of reserve component members for nonreduction in pay while serving in the
uniformed services or National Guard.
Sec. 8. Effect of order to serve on active duty on eligibility for or use of certain military
benefits.
Sec. 9. Retroactive applicability of amendments.
Section 1074(d)(2) of title 10, United States Code, is amended by striking “in support of a contingency operation under” and inserting “under section 12304b of this title or”.
Section 1145(a)(2)(B) of title 10, United States Code, is amended by striking “in support of a contingency operation” and inserting “under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title”.
Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking “under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)” and inserting “under section 12301(d) or 12304b of this title or a provision of law referred to in section 101(a)(13)(B)”.
Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting after “under” the first place it appears the following: “section 12304b of title 10 or”.
Section 3301(1)(B) of title 38, United States Code, is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.
Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting after “under” the following: “section 12304b of title 10 or”.
(a) Exception to Voluntary separation pay repayment requirement for members who return to active duty.—Section 1175a(j)(2) of title 10, United States Code, is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.
(b) Time limitation for Training and rehabilitation for veterans with service-Connected disabilities.—Section 3103(f) of title 38, United States Code, is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.
The amendments made by this Act shall apply with respect to any order for a member of a reserve component to serve on active duty under section 12304a or 12304b of title 10, United States Code, issued on or after January 1, 2012.