Recodifies under federal veterans' benefits provisions former federal armed forces provisions relating to educational assistance programs for members of the reserve components. Directs the Secretary of Veterans Affairs (Secretary) (currently, the Secretaries of each military department) to establish and maintain a program of educational assistance to members of the Selected Reserve who agree to remain members of the Selected Reserve for at least six years. Increases monthly educational assistance benefit amounts. Includes under such recodification provisions concerning Selected Reserve educational assistance allowances for: (1) apprenticeships and on-the-job training; (2) correspondence courses; (3) tutorial assistance; (4) courses beyond the baccalaureate degree level; and (5) persons with skills or specialties for which there is a critical shortage. Extends the time limitation for the use of such entitlement to ten years after separation from the Selected Reserve (currently, ten years after the person first becomes entitled to such assistance).
Requires the Secretary (currently, the Secretaries of each military department) to establish and maintain a program to provide educational assistance to members of the Ready Reserve. Extends the time limitation for the use of such entitlement to ten years after separation from the Ready Reserve.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6250 Introduced in House (IH)]
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
``Chapt``subchapter i--members of the selected reserve Program
``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.
``S``subchapter ii--reserve component members supporting contingency
operations and certain other operations
``Sec. 3331. Purpose.
``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--
(1) in subsection (a)--
(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''.
(c) Clerical Amendments.--
(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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Economic Opportunity.
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