109th CONGRESS
2d Session
H. R. 6250
To amend title 38, United States Code, to recodify as part of that
title the educational assistance programs for members of the reserve components.
IN THE HOUSE OF REPRESENTATIVES
September 28, 2006
Mr. SNYDER (for himself, Ms. HERSETH, and Mr. FILNER) introduced the following
bill; which was referred to the Committee on Veterans' Affairs, and in addition
to the Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To amend title 38, United States Code, to recodify as part of that
title the educational assistance programs for members of the reserve components.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. MONTGOMERY G.I. BILL IMPROVEMENT.
(a) Recodification of Reserve Component Education Benefits in Title 38-
Title 38, United States Code, is amended by inserting after chapter 32 the
following new chapter:
`CHAPTER 33--RESERVE COMPONENT EDUCATIONAL ASSISTANCE PROGRAM
`Chapter 33--Reserve Component Educational Assistance Program
`SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE
`Sec. 3301. Educational assistance program: establishment; amount.
`Sec. 3302. Eligibility for educational assistance.
`Sec. 3303. Time limitation for use of entitlement.
`Sec. 3304. Termination of assistance.
`Sec. 3305. Failure to participate satisfactorily; penalties.
`Sec. 3306. Administration of program.
`Sec. 3307. Flight training.
`Sec. 3308. Biennial report to Congress.
`SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS
AND CERTAIN OTHER OPERATIONS
`Sec. 3332. Educational assistance program.
`Sec. 3333. Eligibility for educational assistance.
`Sec. 3334. Time limitation for use of entitlement.
`Sec. 3335. Termination of assistance.
`Sec. 3336. Administration of program.
`SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE
`Sec. 3301. Educational assistance program: establishment; amount
`(a) Program Establishment- To encourage membership in units of the Selected
Reserve of the Ready Reserve, the Secretary of Veterans Affairs, in consultation
with the Secretary of each military department, the Secretary of Defense,
and the Secretary of Homeland Security, with respect to the Coast Guard
when it is not operating as a service in the Navy, shall establish and maintain
a program to provide educational assistance to members of the Selected Reserve
of the Ready Reserve of the armed forces who agree to remain members of
the Selected Reserve for a period of not less than six years.
`(b) Benefit Amount- (1) Except as provided in subsections (d) through (f),
under the educational assistance program established under subsection (a),
the Secretary shall provide for payment to each person entitled to educational
assistance under this subchapter who is pursuing a program of education
of an educational assistance allowance at the following rates:
`(A) $251 (as increased from time to time under paragraph (2)) per month
for each month of full-time pursuit of a program of education;
`(B) $188 (as increased form time to time under paragraph (2)) per month
for each month of three-quarter-time pursuit of a program of education;
`(C) $125 (as increased form time to time under paragraph (2)) per month
for each month of half-time pursuit of a program of education; and
`(D) an appropriately reduced rate, as determined under regulations which
the Secretary shall prescribe, for each month of less than half-time pursuit
of a program of education, except that no payment may be made to a person
for less than half-time pursuit if tuition assistance is otherwise available
to the person for such pursuit from the military department concerned.
`(2) With respect to any fiscal year, the Secretary shall provide a percentage
increase (rounded to the nearest dollar) in the rates payable under subparagraphs
(A), (B), and (C) of paragraph (1) equal to the percentage increase provided
under subsection (h) of section 3015 of this title to the rates payable
under subsection (a) of that section.
`(c) Authorized Education Programs- (1) Educational assistance may be provided
under this subchapter for pursuit of any program of education that is an
approved program of education for purposes of chapter 30 of this title.
`(2) Subject to section 3695 of this title, the maximum number of months
of educational assistance that may be provided to any person under this
subchapter is 36 (or the equivalent thereof in part-time educational assistance).
`(3)(A) Notwithstanding any other provision of this subchapter or chapter
36 of this title, any payment of an educational assistance allowance described
in subparagraph (B) of this paragraph shall not--
`(i) be charged against the entitlement of any individual under this subchapter;
or
`(ii) be counted toward the aggregate period for which section 3695 of
this title limits an individual's receipt of assistance.
`(B) The payment of the educational assistance allowance referred to in
subparagraph (A) of this paragraph is the payment of such an allowance to
the individual for pursuit of a course or courses under this subchapter
if the Secretary finds that the individual--
`(i) had to discontinue such course pursuit as a result of being ordered
to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302,
or 12304 of title 10; and
`(ii) failed to receive credit or training time toward completion of the
individual's approved educational, professional, or vocational objective
as a result of having to discontinue, as described in clause (i), the
individual's course pursuit.
`(C) The period for which, by reason of this subsection, an educational
assistance allowance is not charged against entitlement or counted toward
the applicable aggregate period under section 3695 of this title shall not
exceed the portion of the period of enrollment in the course or courses
for which the individual failed to receive credit or with respect to which
the individual lost training time, as determined under subparagraph (B)(ii).
`(d) Apprenticeships; On-the-Job Training- (1) Except as provided in paragraph
(2), the amount of the monthly educational assistance allowance payable
to a person pursuing a full-time program of apprenticeship or other on-the-job
training under this subchapter is--
`(A) for each of the first six months of the person's pursuit of such
program, 75 percent of the monthly educational assistance allowance otherwise
payable to such person under this subchapter;
`(B) for each of the second six months of the person's pursuit of such
program, 55 percent of such monthly educational assistance allowance;
and
`(C) for each of the months following the first 12 months of the person's
pursuit of such program, 35 percent of such monthly educational assistance
allowance.
`(2) In any month in which any person pursuing a program of education consisting
of a program of apprenticeship or other on-the-job training fails to complete
120 hours of training, the amount of the monthly educational assistance
allowance payable under this subchapter to the person shall be limited to
the same proportion of the applicable full-time rate as the number of hours
worked during such month, rounded to the nearest 8 hours, bears to 120 hours.
`(3)(A) Except as provided in subparagraph (B), for each month that such
person is paid a monthly educational assistance allowance under this subchapter,
the person's entitlement under this subchapter shall be charged at the rate
of--
`(i) 75 percent of a month in the case of payments made in accordance
with paragraph (1)(A);
`(ii) 55 percent of a month in the case of payments made in accordance
with paragraph (1)(B); and
`(iii) 35 percent of a month in the case of payments made in accordance
with paragraph (1)(C).
`(B) Any such charge to the entitlement shall be reduced proportionately
in accordance with the reduction in payment under paragraph (2).
`(e) Correspondence Courses- (1)(A) The amount of the educational assistance
allowance payable under this subchapter to a person who enters into an agreement
to pursue, and is pursuing, a program of education exclusively by correspondence
is an amount equal to 55 percent of the established charge which the institution
requires nonveterans to pay for the course or courses pursued by such person.
`(B) For purposes of subparagraph (A), the term `established charge' means
the lesser of--
`(i) the charge for the course or courses determined on the basis of the
lowest extended time payment plan offered by the institution and approved
by the appropriate State approving agency; or
`(ii) the actual charge to the person for such course or courses.
`(C) Such allowance shall be paid quarterly on a pro rata basis for the
lessons completed by the person and serviced by the institution.
`(2) In each case in which the amount of educational assistance is determined
under paragraph (1), the period of entitlement of the person concerned shall
be charged with one month for each amount equal to the amount of the monthly
rate payable under subsection (b)(1)(A) for the fiscal year concerned which
is paid to the individual as an educational assistance allowance.
`(f) Individualized Tutorial Assistance- (1)(A) Subject to subparagraph
(B), the Secretary shall approve individualized tutorial assistance for
any person entitled to educational assistance under this subchapter who--
`(i) is enrolled in and pursuing a postsecondary course of education
on a half-time or more basis at an educational institution; and
`(ii) has a deficiency in a subject required as a part of, or which
is prerequisite to, or which is indispensable to the satisfactory pursuit
of, the program of education.
`(B) The Secretary shall not approve individualized tutorial assistance
for a person pursuing a program of education under this paragraph unless
such assistance is necessary for the person to successfully complete the
program of education.
`(2)(A) Subject to subparagraph (B), the Secretary of Veterans Affairs shall
pay to a person receiving individualized tutorial assistance pursuant to
paragraph (1) a tutorial assistance allowance. The amount of the allowance
payable under this paragraph may not exceed $100 for any month, nor aggregate
more than $1,200. The amount of the allowance paid under this paragraph
shall be in addition to the amount of educational assistance allowance payable
to a person under this subchapter.
`(B) A tutorial assistance allowance may not be paid to a person under this
paragraph until the educational institution at which the person is enrolled
certifies that--
`(i) the individualized tutorial assistance is essential to correct a
deficiency of the person in a subject required as a part of, or which
is prerequisite to, or which is indispensable to the satisfactory pursuit
of, an approved program of education;
`(ii) the tutor chosen to perform such assistance is qualified to provide
such assistance and is not the person's parent, spouse, child (whether
or not married or over eighteen years of age), brother, or sister; and
`(iii) the charges for such assistance do not exceed the customary charges
for such tutorial assistance.
`(3)(A) A person's period of entitlement to educational assistance under
this subchapter shall be charged only with respect to the amount of tutorial
assistance paid to the person under this subsection in excess of $600.
`(B) A person's period of entitlement to educational assistance under this
subchapter shall be charged at the rate of one month for each amount of
assistance paid to the individual under this section in excess of $600 that
is equal to the amount of the monthly educational assistance allowance which
the person is otherwise eligible to receive for full-time pursuit of an
institutional course under this subchapter.
`(g) Courses Beyond Baccalaureate Degree- A program of education in a course
of instruction beyond the baccalaureate degree level shall be provided under
this subchapter, subject to the availability of appropriations.
`(h) Increased Rate of Assistance for Persons With Certain Skills- (1) In
the case of a person who has a skill or specialty designated by the Secretary
of Defense as a skill or specialty in which there is a critical shortage
of personnel or for which it is difficult to recruit or, in the case of
critical units, retain personnel, the Secretary of Veterans Affairs may
increase the rate of the educational assistance allowance applicable to
that person to such rate in excess of the rate prescribed under subparagraphs
(A) through (D) of subsection (b)(1) as the Secretary of Veterans Affairs
considers appropriate, but the amount of any such increase may not exceed
$350 per month.
`(2) In the case of a person who has a skill or specialty designated by
the Secretary of Defense as a skill or specialty in which there is a critical
shortage of personnel or for which it is difficult to recruit or, in the
case of critical units, retain personnel, who is eligible for educational
benefits under chapter 30 (other than section 3012) of this title and who
meets the eligibility criteria specified in subparagraphs (A) and (B) of
section 3302(a)(1) of this title, the Secretary of Veterans Affairs may
increase the rate of the educational assistance allowance applicable to
that person to such rate in excess of the rate prescribed under section
3015 of this title as the Secretary of Veterans Affairs considers appropriate,
but the amount of any such increase may not exceed $350 per month.
`(3) The authority provided by paragraphs (1) and (2) shall be exercised
by the Secretary under regulations prescribed by the Secretary.
`(i) Licensing and Certification Tests- (1) Subject to paragraph (3), the
amount of educational assistance payable under this subchapter for a licensing
or certification test described in section 3452(b) of this title is the
lesser of $2,000 or the fee charged for the test.
`(2) The number of months of entitlement charged in the case of any individual
for such licensing or certification test is equal to the number (including
any fraction) determined by dividing the total amount of educational assistance
paid such individual for such test by the full-time monthly institutional
rate of educational assistance which, but for paragraph (1), such individual
would otherwise be paid under subsection (b).
`(3) In no event shall payment of educational assistance under this subsection
for such a test exceed the amount of the individual's available entitlement
under this subchapter.
`Sec. 3302. Eligibility for educational assistance
`(a) In General- A person who--
`(1) after June 30, 1985--
`(A) enlists, reenlists, or extends an enlistment as a Reserve for service
in the Selected Reserve for a period of not less than six years; or
`(B) is appointed as, or is serving as, a reserve officer and agrees
to serve in the Selected Reserve for a period of not less than six years
in addition to any other period of obligated service in the Selected
Reserve to which the person may be subject; and
`(2) before applying for benefits under this section, has completed the
requirements of a secondary school diploma (or an equivalency certificate);
is entitled to educational assistance under section 3301 of this title.
`(b) Completion of Active Duty for Training- Educational assistance may
not be provided to a member under this subchapter until the member has completed
the initial period of active duty for training required of the member.
`(c) Written Notification- Each person who becomes entitled to educational
assistance under subsection (a) shall at the time the person becomes so
entitled be given a statement in writing summarizing the provisions of this
subchapter and stating clearly and prominently the substance of sections
3304 and 3305 of this title as such sections may apply to the person. At
the request of the Secretary, the Secretary of Defense shall transmit a
notice of entitlement for each such person to that Secretary.
`(d) Limitation on Eligibility- A person may not receive credit under the
program established by this subchapter for service (in any grade) on full-time
active duty or full-time National Guard duty for the purpose of organizing,
administering, recruiting, instructing, or training the reserve components
in a position which is included in the end strength required to be authorized
each year by section 115(a)(1)(B) of title 10.
`Sec. 3303. Time limitation for use of entitlement
`(a) Duration of Entitlement- Except as provided in subsection (b), the
period during which a person entitled to educational assistance under this
subchapter may use such person's entitlement expires on the date that is
10 years after the date on which the person is separated from the Selected
Reserve.
`(b) Duration of Entitlement for Disabled Members- (1) In the case of a
person--
`(A) who is separated from the Selected Reserve because of a disability
which was not the result of the individual's own willful misconduct incurred
on or after the date on which such person became entitled to educational
assistance under this subchapter; or
`(B) who, on or after the date on which such person became entitled to
educational assistance under this subchapter ceases to be a member of
the Selected Reserve during the period beginning on October 1, 1991, and
ending on December 31, 2001, by reason of the inactivation of the person's
unit of assignment or by reason of involuntarily ceasing to be designated
as a member of the Selected Reserve pursuant to section 10143(a) of title
10,
the period for using entitlement prescribed by subsection (a) shall be
determined without regard to clause (2) of such subsection.
`(2) The provisions of section 3031(f) of this title shall apply to the
period of entitlement prescribed by subsection (a).
`(3) The provisions of section 3031(d) of this title shall apply to the
period of entitlement prescribed by subsection (a) in the case of a disability
incurred in or aggravated by service in the Selected Reserve.
`(4) In the case of a member of the Selected Reserve of the Ready Reserve
who serves on active duty pursuant to an order to active duty issued under
section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10--
`(A) the period of such active duty service plus four months shall not
be considered in determining the expiration date applicable to such member
under subsection (a); and
`(B) the member may not be considered to have been separated from the
Selected Reserve for the purposes of clause (2) of such subsection by
reason of the commencement of such active duty service.
`Sec. 3304. Termination of assistance
`Educational assistance may not be provided under this subchapter--
`(1) to a member receiving financial assistance under section 2107 of
title 10 as a member of the Senior Reserve Officers' Training Corps program;
or
`(2) to a member who fails to participate satisfactorily in required training
as a member of the Selected Reserve.
`Sec. 3305. Failure to participate satisfactorily; penalties
`(a) Penalties- At the option of the Secretary concerned, a member of the
Selected Reserve of an armed force who does not participate satisfactorily
in required training as a member of the Selected Reserve during a term of
enlistment or other period of obligated service that created entitlement
of the member to educational assistance under this subchapter, and during
which the member has received such assistance, may--
`(1) be ordered to active duty for a period of two years or the period
of obligated service the person has remaining under section 3302 of this
title, whichever is less; or
`(2) be subject to the repayment provisions under section 303a(e) of title
37.
`(b) Effect of Repayment- Any repayment under section 303a(e) of title 37
shall not affect the period of obligation of a member to serve as a Reserve
in the Selected Reserve.
`Sec. 3306. Administration of program
`(a) Administration- Educational assistance under this subchapter shall
be provided through the Department of Veterans Affairs, under agreements
to be entered into by the Secretary of Defense, and by the Secretary of
Homeland Security, with the Secretary of Veterans Affairs. Such agreements
shall include administrative procedures to ensure the prompt and timely
transfer of funds from the Secretary concerned to the Department of Veterans
Affairs for the making of payments under this subchapter.
`(b) Program Management- Except as otherwise provided in this subchapter,
the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485
of this title and the provisions of subchapters I and II of chapter 36 of
such title (with the exception of sections 3686(a), 3687, and 3692) shall
be applicable to the provision of educational assistance under this subchapter.
The term `eligible veteran' and the term `a person', as used in those provisions,
shall be deemed for the purpose of the application of those provisions to
this subchapter to refer to a person eligible for educational assistance
under this subchapter.
`Sec. 3307. Flight training
`(a) In General- (1) Each individual who is pursuing a program of education
consisting exclusively of flight training approved as meeting the requirements
of section 3306(c) of this title shall be paid an educational assistance
allowance under this subchapter in the amount equal to 60 percent of the
established charges for tuition and fees which similarly circumstanced nonveterans
enrolled in the same flight course are required to pay.
`(2) No educational assistance allowance may be paid under this subchapter
to an individual for any month during which such individual is pursuing
a program of education consisting exclusively of flight training until the
Secretary has received from that individual and the institution providing
such training a certification of the flight training received by the individual
during that month and the tuition and other fees charged for that training.
`(3) The period of entitlement of an individual pursuing a program of education
described in paragraph (1) shall be charged with one month for each amount
equal to the amount of the monthly rate payable under section 3301(b)(1)(A)
of this title for the fiscal year concerned which is paid to that individual
as an educational assistance allowance for such program.
`(4) The number of solo flying hours for which an individual may be paid
an educational assistance allowance under this subsection may not exceed
the minimum number of solo flying hours required by the Federal Aviation
Administration for the flight rating or certification which is the goal
of the individual's flight training.
`(b) Approval- The Secretary may approve the pursuit of flight training
(in addition to a course of flight training that may be approved under section
3680A(b) of this title) by an individual entitled to educational assistance
under this subchapter if--
`(1) such training is generally accepted as necessary for the attainment
of a recognized vocational objective in the field of aviation;
`(2) the individual possesses a valid private pilot certificate and meets,
on the day the individual begins a course of flight training, the medical
requirements necessary for a commercial pilot certificate; and
`(3) the flight school courses meet Federal Aviation Administration standards
for such courses and are approved by the Federal Aviation Administration
and the State approving agency.
`Sec. 3308. Biennial report to Congress
`The Secretary shall submit to Congress a report not later than March 1
of each odd-numbered year concerning the operation of the educational assistance
program established by this subchapter during the preceding two fiscal years.
Each such report shall include the number of members of the Selected Reserve
of the Ready Reserve of each armed force receiving, and the number entitled
to receive, educational assistance under this subchapter during those fiscal
years. The Secretary may submit the report more frequently and adjust the
period covered by the report accordingly.
`SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS
AND CERTAIN OTHER OPERATIONS
`Sec. 3331. Purpose
`The purpose of this subchapter is to provide educational assistance to
members of the reserve components called or ordered to active service in
response to a war or national emergency declared by the President or the
Congress, in recognition of the sacrifices that those members make in answering
the call to duty.
`Sec. 3332. Educational assistance program
`(a) Program Establishment- The Secretary of Veterans Affairs, in consultation
with the Secretaries of each military department, the Secretary of Defense,
and the Secretary of Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, shall establish and maintain
a program as prescribed in this subchapter to provide educational assistance
to members of the Ready Reserve of the armed forces.
`(b) Authorized Education Programs- Educational assistance may be provided
under this subchapter for pursuit of any program of education that is an
approved program of education for purposes of chapter 30 of this title.
`(c) Benefit Amount- (1) The educational assistance program established
under subsection (a) shall provide for payment by the Secretary of Veterans
Affairs of an educational assistance allowance to each member entitled to
educational assistance under this subchapter who is pursuing a program of
education authorized under subsection (b).
`(2) The educational assistance allowance provided under this subchapter
shall be based on the applicable percent under paragraph (4) to the applicable
rate provided under section 3015 of this title for a member whose entitlement
is based on completion of an obligated period of active duty of three years.
`(3) The educational assistance allowance provided under this section for
a person who is undertaking a program for which a reduced rate is specified
in chapter 30 of this title, that rate shall be further adjusted by the
applicable percent specified in paragraph (4).
`(4) The adjusted educational assistance allowance under paragraph (2) or
(3), as applicable, shall be--
`(A) 40 percent in the case of a member of a reserve component who performed
active service for 90 consecutive days but less than one continuous year;
`(B) 60 percent in the case of a member of a reserve component who performed
active service for one continuous year but less than two continuous years;
or
`(C) 80 percent in the case of a member of a reserve component who performed
active service for two continuous years or more.
`(d) Maximum Months of Assistance- (1) Subject to section 3695 of this title,
the maximum number of months of educational assistance that may be provided
to any member under this subchapter is 36 (or the equivalent thereof in
part-time educational assistance).
`(2)(A) Notwithstanding any other provision of this subchapter or chapter
36 of this title, any payment of an educational assistance allowance described
in subparagraph (B) shall not--
`(i) be charged against the entitlement of any individual under this subchapter;
or
`(ii) be counted toward the aggregate period for which section 3695 of
this title limits an individual's receipt of assistance.
`(B) The payment of the educational assistance allowance referred to in
subparagraph (A) is the payment of such an allowance to the individual for
pursuit of a course or courses under this subchapter if the Secretary finds
that the individual--
`(i) had to discontinue such course pursuit as a result of being ordered
to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302,
or 12304 of title 10; and
`(ii) failed to receive credit or training time toward completion of the
individual's approved educational, professional, or vocational objective
as a result of having to discontinue, as described in clause (i), the
individual's course pursuit.
`(C) The period for which, by reason of this subsection, an educational
assistance allowance is not charged against entitlement or counted toward
the applicable aggregate period under section 3695 of this title shall not
exceed the portion of the period of enrollment in the course or courses
for which the individual failed to receive credit or with respect to which
the individual lost training time, as determined under subparagraph (B)(ii).
`(e) Availability of Assistance for Licensing and Certification Tests- The
provisions of section 3301(j) of this title shall apply to the provision
of educational assistance under this subchapter, except that, in applying
such section under this subchapter, the reference to subsection (b) in paragraph
(2) of such section is deemed to be a reference to subsection (c) of this
section.
`Sec. 3333. Eligibility for educational assistance
`(a) Eligibility- On or after September 11, 2001, a member of a reserve
component is entitled to educational assistance under this subchapter if
the member--
`(1) served on active duty in support of a contingency operation for 90
consecutive days or more; or
`(2) in the case of a member of the Army National Guard of the United
States or Air National Guard of the United States, performed full time
National Guard duty under section 502(f) of title 32 for 90 consecutive
days or more when authorized by the President or Secretary of Defense
for the purpose of responding to a national emergency declared by the
President and supported by Federal funds.
`(b) Disabled Members- Notwithstanding the eligibility requirements in subsection
(a), a member who was ordered to active service as prescribed under subsection
(a)(1) or (a)(2) but is released from duty before completing 90 consecutive
days because of an injury, illness or disease incurred or aggravated in
the line of duty shall be entitled to educational assistance under this
subchapter at the rate prescribed in section 3332(c)(4)(A) of this title.
`(c) Written Notification- (1) Each member who becomes entitled to educational
assistance under subsection (a) shall be given a statement in writing prior
to release from active service that summarizes the provisions of this subchapter
and stating clearly and prominently the substance of section 3335 of this
title as such section may apply to the member.
`(2) At the request of the Secretary, the Secretary concerned shall transmit
a notice of entitlement for each such member to the Secretary.
`(d) Bar From Dual Eligibility- A member who qualifies for educational assistance
under this subchapter may not receive credit for such service under both
the program established by chapter 30 of this title and the program established
by this subchapter but shall make an irrevocable election (in such form
and manner as the Secretary may prescribe) as to the program to which such
service is to be credited.
`(e) Bar From Duplication of Educational Assistance Allowance- (1) Except
as provided in paragraph (2), an individual entitled to educational assistance
under this subchapter who is also eligible for educational assistance under
subchapter I of this chapter, chapter 30, 31, 32, or 35 of this title, or
under the Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 5561 note)
may not receive assistance under more than one such programs and shall elect
(in such form and manner as the Secretary may prescribe) under which program
the member elects to receive educational assistance.
`(2) The restriction on duplication of educational assistance under paragraph
(1) does not apply to the entitlement of educational assistance under section
3301(i) of this title.
`Sec. 3334. Time limitation for use of entitlement
`(a) Duration of Entitlement- Except as provided in subsection (b), a member
remains entitled to educational assistance under this subchapter--
`(1) while the member is serving--
`(A) in the Selected Reserve of the Ready Reserve, in the case of a
member called or ordered to active service while serving in the Selected
Reserve; or
`(B) in the Ready Reserve, in the case of a member ordered to active
duty while serving in the Ready Reserve (other than the Selected Reserve);
and
`(2) in the case of a person who separates from the Ready Reserve upon
the completion of a service contract under other than dishonorable conditions
and, if applicable, the fulfillment of an existing military service obligation
in accordance with section 651 of title 10, during the ten-year period
that begins on the date on which the member separates from the Ready Reserve.
`(b) Duration of Entitlement for Disabled Members- (1) In the case of a
person who is separated from the Ready Reserve because of a disability which
was not the result of the individual's own willful misconduct incurred on
or after the date on which such person became entitled to educational assistance
under this subchapter, such person's entitlement to educational assistance
expires at the end of the 10-year period beginning on the date on which
such person became entitled to such assistance.
`(2) The provisions of subsections (d) and (f) of section 3031 of this title
shall apply to the period of entitlement prescribed by paragraph (1).
`Sec. 3335. Termination of assistance
`(a) In General- Except as provided in subsection (b), educational assistance
may not be provided under this subchapter, or if being provided under this
subchapter, shall be terminated--
`(1) if the member is receiving financial assistance under section 2107
of title 10 as a member of the Senior Reserve Officers' Training Corps
program; or
`(2) when the member separates from the Ready Reserve, as provided for
under section 3334(a)(1) or section 3334(a)(2), as applicable, of this
title.
`(b) Exception- Under regulations prescribed by the Secretary of Defense,
educational assistance may be provided under this subchapter to a member
of the Selected Reserve of the Ready Reserve who incurs a break in service
in the Selected Reserve of not more than 90 days if the member continues
to serve in the Ready Reserve during and after such break in service.
`Sec. 3336. Administration of program
`(a) Administration- Educational assistance under this subchapter shall
be provided through the Department of Veterans Affairs, under agreements
to be entered into by the Secretary of Defense, and by the Secretary of
Homeland Security, with the Secretary of Veterans Affairs. Such agreements
shall include administrative procedures to ensure the prompt and timely
transfer of funds from the Secretary concerned to the Department of Veterans
Affairs for the making of payments under this subchapter.
`(b) Program Management- Except as otherwise provided in this subchapter,
the provisions of sections 503, 511, 3470, 3471, 3474, 3476, 3482(g), 3483,
and 3485 of this title and the provisions of subchapters I and II of chapter
36 of such title (with the exception of sections 3686(a), 3687, and 3692)
shall be applicable to the provision of educational assistance under this
subchapter. The term `eligible veteran' and the term `person', as used in
those provisions, shall be deemed for the purpose of the application of
those provisions to this subchapter to refer to a person eligible for educational
assistance under this subchapter.
`(c) Flight Training- The Secretary may approve the pursuit of flight training
(in addition to a course of flight training that may be approved under section
3680A(b) of this title) by an individual entitled to educational assistance
under this subchapter if--
`(1) such training is generally accepted as necessary for the attainment
of a recognized vocational objective in the field of aviation;
`(2) the individual possesses a valid private pilot certificate and meets,
on the day the member begins a course of flight training, the medical
requirements necessary for a commercial pilot certificate; and
`(3) the flight school courses meet Federal Aviation Administration standards
for such courses and are approved by the Federal Aviation Administration
and the State approving agency.
`(d) Trust Fund- Amounts for payments for benefits under this subchapter
shall be derived from the Department of Defense Education Benefits Fund
under section 2006 of title 10.'.
(b) Bar on Dual Eligibility- Section 3681 of title 38, United States Code,
is amended--
(A) by inserting after `chapter 30' the following: `subchapter I of
chapter 33, subchapter II of chapter 33,' ; and
(B) by striking `106 or 107 of title 10, or'; and
(2) in subsection (b)(2), by striking `Chapters 106 and 107 of title 10'
and inserting: `Subchapters I and II of chapter 33 of this title'.
(1) SUBTITLE A OF TITLE 10- The table of chapters at the beginning of
subtitle A of title 10, United States Code, is amended by striking the
item relating to chapter 106.
(2) SUBTITLE E OF TITLE 10- The table of chapters at the beginning of
subtitle E of such title is amended by striking the items relating to
chapters 1606 and 1607.
(d) Conforming Amendments-
(1) TITLE 38- Title 38, United States Code, is amended--
(A) by striking `chapter 1606 of title 10' each place it appears and
inserting `subchapter I of chapter 33 of this title';
(B) by striking `chapter 106 of title 10' each place it appears and
inserting `subchapter I of chapter 33 of this title';
(C) in section 3695(a)(5)--
(i) by striking `, 1606, 1607,'; and
(ii) by inserting before the period at the end the following `and
subchapter I and II of chapter 33 of this title';
(2) TITLE 10- Title 10, United States Code, is amended in sections 510(h),
2006, and by striking `chapter 1606 of this title' each place it appears
and inserting `subchapter I of chapter 33 of title 38'.
(3) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965- Section 2304(g) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6674(g))
is amended by striking `chapter 30 of title 38 or chapter 1606 of title
10' and inserting `chapter 30 or 33 of title 38'.
(4) CONFORMING REPEALS- Chapters 106, 1606, and 1607 of title 10, United
States Code, are repealed.
(e) Effective Date- The amendments made by this Act shall take effect on
the date that is one year after the date of the enactment of this Act and
shall apply with respect to payments of educational assistance made on or
after that date.
END
