United States 116th Congress Status: Died 1 D cosponsors

HR 5870 — Guard and Reserve GI Bill Parity Act of 2020

Last action — Referred to the Subcommittee on Economic Opportunity.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Guard and Reserve GI Bill Parity Act of 2020 This bill expands eligibility for Post-9/11 GI Bill educational assistance. Specifically, the bill adjusts the type of service that entitles a member of the Armed Forces, reserves, or National Guard to such assistance. Under the bill, service by a reservist or National Guard member that is entitled to pay counts toward benefit eligibility. Such service includes training, active military service, inactive training, and general duty for which basic pay is warranted.

Bill Text

Sections of law this bill changes

2 sections in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Post–9/11 educational assistance · 38 U.S.C. ch. 33 2 sections
  • § 3301 Definitions Amends

    38 U.S.C. § 3301

    The law today

    In this chapter: (1) The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)): (A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A). (B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 1 of title 14. (C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service— (i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or (ii) in the National Guard under section 502(f) of title 32 when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. (2) The term “emergency situation” has the meaning given such term in section 3601 of this title. (3) The term “entry level and skill training” means the following: (A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training. (B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School). (C) In the case of members of the Air Force or the Space Force, Basic Military Training and Technical Training. (D) In the case of members of the Marine Corps, Recruit Training and Marine Corps Training (or School of Infantry Training). (E) In the case of members of the Coast Guard, Basic Training and Skill Training (or so-called “A” School). (4) The term “program of education” has the meaning given such term in section 3002, except to the extent otherwise provided in section 3313. (5) The term “Secretary of Defense” means the Secretary of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy.

    18 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 3311 Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement Amends

    38 U.S.C. § 3311 — at 3311(b)

    The law today

    (a) Entitlement.— Subject to subsections (d) and (e), each individual described in subsection (b) is entitled to educational assistance under this chapter. (b) Covered Individuals.— An individual described in this subsection is any individual as follows: (1) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty; or (ii) is discharged or released from active duty as described in subsection (c). (2) An individual— (A) who— (i) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and (ii) after completion of service described in clause (i), is discharged or released from active duty in the Armed Forces for a service-connected disability or by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10); or (B) who— (i) commencing on or after September 11, 2001, completes at least 30 continuous days of service described in subsection (d)(1) or (2); and (ii) after completion of service described in clause (i), is discharged or released by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10). (3) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 30 months, but less than 36 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggregate of less than 36 months; or (ii) before completion of service on active duty of an aggregate of 36 months, is discharged or released from active duty as described in subsection (c). (4) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 24 months, but less than 30 months, on active duty in the Armed Forces (including service on active duty in entry level and skill training); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggregate of less than 30 months; or (ii) before completion of service on active duty of an aggregate of 30 months, is discharged or released from active duty as described in subsection (c). (5) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 18 months, but less than 24 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggregate of less than 24 months; or (ii) before completion of service on active duty of an aggregate of 24 months, is discharged or released from active duty as described in subsection (c). (6) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 6 months, but less than 18 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggregate of less than 18 months; or (ii) before completion of service on active duty of an aggregate of 18 months, is discharged or released from active duty as described in subsection (c). (7) An individual who— (A) commencing on or after September 11, 2001, serves an aggregate of at least 90 days, but less than 6 months, on active duty in the Armed Forces (excluding service on active duty in entry level and skill training); and (B) after completion of service described in subparagraph (A)— (i) continues on active duty for an aggregate of less than 6 months; or (ii) before completion of service on active duty of an aggregate of 6 mon...

    33 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

7 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill expands the definition of 'active duty' to include additional types of duty for educational assistance eligibility under the Post-9/11 Educational Assistance Program.

  • 38 U.S.C. § 3311(b)

    (including → (including other qualifying duty and

    This change clarifies that active duty includes other qualifying duty.

  • 38 U.S.C. § 3311(b)

    (excluding → (including other qualifying duty but excluding

    This ensures that the definition of active duty also acknowledges additional qualifying duties.

  • 38 U.S.C. § 3311(b)(2)(A)

    active duty → active duty or other qualifying duty

    This amendment allows for other qualifying duties to be considered equal to active duty for educational assistance eligibility.

  • 38 U.S.C. § 3301

    `(3) The term `other qualifying duty' means the following: `(A) Duty under section 502 of title 32. `(B) Duty for which a member is eligible to receive pay under section 204, 206, or 372 of title 37.`.

    This adds a definition for 'other qualifying duty', expanding eligibility for educational assistance.

  • 38 U.S.C. § 3301

    (3) → (4)

    This renumbers the existing paragraphs to accommodate the insertion of the new definition.

  • 38 U.S.C. § 3301

    (4) → (5)

    This renumbers the existing paragraphs to accommodate the insertion of the new definition.

  • 38 U.S.C. § 3301(1)

    active duty → active duty as described in section 101(21)(A) of this title. `(B) Active duty for training as described in section 101(22)(A), (C), and (E) of this title. `(C) Active duty as defined in section 101(12) of title 32. `(D) Full-time National Guard duty as defined in section 101(19) of title 32.`.

    This broadens the definition of active duty to include training duties and full-time National Guard status.

Action History

  1. Referred to the Subcommittee on Economic Opportunity.

  2. Introduced in House

  3. Introduced in House

  4. Referred to the House Committee on Veterans' Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

veterans education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 5870 do?
Guard and Reserve GI Bill Parity Act of 2020 This bill expands eligibility for Post-9/11 GI Bill educational assistance. Specifically, the bill adjusts the type of service that entitles a member of the Armed Forces, reserves, or National Guard to such assistance. Under the bill, service by a reservist or National Guard member that is entitled to pay counts toward benefit eligibility. Such service includes training, active military service, inactive training, and general duty for which basic pay is warranted.
Who sponsors HR 5870?
HR 5870 is sponsored by Levin, Mike (Democratic).
What is the current status of HR 5870?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5870?
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