Requires the Secretary of each military department, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, to establish a program as prescribed in this Act to provide educational assistance to members of the Ready Reserve of the Armed Forces under the jurisdiction of the Secretary concerned.
Makes eligible for such benefits on or after September 11, 2001, members of Reserve components who: (1) served on active duty in support of contingency operations for at least 90 consecutive days; or (2) in the case of an Army or Air National Guard member, performed full time duty for at least 90 consecutive days for the purpose of responding to a national emergency declared by the President and supported by Federal funds. Creates an exception to the 90-day requirement for members released from duty because of injury, illness, or disease incurred or aggravated in the line of duty.
States that members remain entitled to such educational assistance if ordered to active duty while serving in the Selected Reserve or the Ready Reserve. Terminates educational assistance for disabled members 10 years from the date of entitlement.
Requires educational assistance under this Act to be provided through the Department of Veterans Affairs.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5081 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5081
To amend title 10, United States Code, to provide for a new program of
educational assistance for certain reserve component members of the
Armed Forces who perform active service.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2004
Mr. Beauprez (for himself and Mr. Sweeney) introduced the following
bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for a new program of
educational assistance for certain reserve component members of the
Armed Forces who perform active service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EDUCATIONAL ASSISTANCE FOR CERTAIN RESERVE COMPONENT MEMBERS
WHO PERFORM ACTIVE SERVICE.
(a) Establishment of Program.--Part IV of subtitle E of title 10,
United States Code, is amended by inserting after chapter 1606 the
following new chapter:
``CHAPTER 1607--EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS
SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS
`` Sec.
``16161. Purpose.
``16162. Educational assistance program.
``16163. Eligibility for educational assistance.
``16164. Time limitation for use of entitlement.
``16165. Termination of assistance.
``16166. Administration of program.
``Sec. 16161. Purpose
``The purpose of this chapter is to provide educational assistance
to members of the reserve components who have been 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. 16162. Educational assistance program
``(a) Program Establishment.-- The Secretary of each military
department, under regulations prescribed by 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 chapter to provide educational
assistance to members of the Ready Reserve of the armed forces under
the jurisdiction of the Secretary concerned.
``(b) Authorized Education Programs.--Educational assistance may be
provided under this chapter for pursuit of any program of education
that is an approved program of education for purposes of chapter 30 of
title 38.
``(c) Benefit Amount.--(1) The educational assistance program
established under subsection (a) shall provide for payment by the
Secretary concerned, through the Secretary of Veterans Affairs, an
educational assistance allowance to each member entitled to educational
assistance under this chapter who is pursuing a program of education
authorized under subsection (b).
``(2) The educational assistance allowance provided under this
chapter shall be based on the applicable percent under paragraph (4) to
the applicable rate provided under section 3015 of title 38 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 title 38, 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
title 38, the maximum number of months of educational assistance that
may be provided to any member under this chapter is 36 (or the
equivalent thereof in part-time educational assistance).
``(2)(A) Notwithstanding any other provision of this chapter or
chapter 36 of title 38, 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 chapter; or
``(ii) be counted toward the aggregate period for which
section 3695 of title 38 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 chapter if the Secretary of Veterans Affairs 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 this title; 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
title 38 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).
``Sec. 16163. 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
chapter 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 chapter at the rate
prescribed in section 16162(b)(2)(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 chapter and stating clearly and
prominently the substance of sections 16165 and 16166 of this title as
such sections may apply to the member.
``(2) At the request of the Secretary of Veterans Affairs, the
Secretary concerned shall transmit a notice of entitlement for each
such member to that Secretary.
``(d) Bar From Dual Eligibility.--A member who qualifies for
educational assistance under this chapter may not receive credit for
such service under both the program established by chapter 30 of title
38 and the program established by this chapter but shall make an
irrevocable election (in such form and manner as the Secretary of
Veterans Affairs 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 chapter who is also eligible for
educational assistance under chapter 1606 of this title, chapter 30,
31, 32, or 35 of title 38, 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 concerned 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 16131(i) of this title.
``Sec. 16164. 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
chapter while serving--
``(1) in the Selected Reserve of the Ready Reserve, in the
case of a member was called or ordered to active service while
serving in the Selected Reserve; or
``(2) in the Ready Reserve, in the case of a member was
ordered to active duty while serving in the Ready Reserve
(other than the Selected 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 chapter, 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
title 38 shall apply to the period of entitlement prescribed by
paragraph (1).
``Sec. 16165. Termination of assistance
``Educational assistance may not be provided under this chapter, or
if being provided under this chapter, shall be terminated--
``(1) if the member is receiving financial assistance under
section 2107 of this title as a member of the Senior Reserve
Officers' Training Corps program; or
``(2) when the member separates from the Ready Reserve, as
provided under section 16164(a)(1) or section 16164(a)(2), as
applicable, of this title.
``Sec. 16166. Administration of program
``(a) Administration.--Educational assistance under this chapter
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
chapter.
``(b) Program Management.--Except as otherwise provided in this
chapter, the provisions of sections 503, 511, 3470, 3471, 3474, 3476,
3482(g), 3483, and 3485 of title 38 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 chapter. 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 chapter to
refer to a person eligible for educational assistance under this
chapter.
``(c) Flight Training.--The Secretary of Veterans Affairs may
approve the pursuit of flight training (in addition to a course of
flight training that may be approved under section 3680A(b) of title
38) by an individual entitled to educational assistance under this
chapter 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
chapter shall be derived from the Department of Defense Education
Benefits Fund under section 2006 of this title.''.
(b) Conforming Amendments.--(1) Section 2006(b) of such title is
amended--
(A) in paragraph (1), by striking ``chapter 1606'' and
inserting ``chapters 1606 and 1607, including funds provided by
the Secretary of Homeland Security for education liabilities
for the Coast Guard when it is not operating as a service in
the Department of the Navy''; and
(B) in paragraph (2)(C), by striking ``for educational
assistance under chapter 1606'' and inserting ``(including
funds from the Department in which the Coast Guard is
operating) for educational assistance under chapters 1606 and
1607''.
(2) Section 3695(a)(5) of title 38, United States Code, is amended
by inserting ``1607,'' after ``1606,''.
(c) Clerical Amendment.--The tables of chapters at the beginning of
subtitle E of title 10, United States Code, and at the beginning of
part IV of such subtitle, are amended by inserting after the item
relating to chapter 1606 the following new item:
``1607. Educational Assistance for Reserve Component Members 16161''.
Supporting Contingency
Operations and Certain Other
Operations.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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