Total Force Educational Assistance Enhancement and Integration Act of 2007 - Recodifies under federal veterans' benefits law (currently codified under federal armed forces law) provisions relating to educational assistance for members of the reserves. Directs the Secretary of Veterans Affairs (Secretary) (currently, the Secretary of each military department) to carry out such assistance. Makes eligible for such assistance under this Act those who, after October 1, 2008: (1) enlist or extend an enlistment in the Selected Reserve for not less than six years; or (1) are appointed or agree to serve in the Selected Reserve for at least six years. Includes under this Act those eligible for such assistance as of October 1, 2008. Increases monthly amounts of authorized assistance. Removes restrictions on the use of such assistance for apprenticeships and on-job training, flight training, licensing and certification tests, and individualized tutorial assistance.
Requires the Secretary (currently, the military department Secretaries) to provide educational assistance to reserve personnel ordered to active duty in response to a war or national emergency. Makes eligible for such assistance under this Act those who, on or after October 1, 2008: (1) serve on active duty in support of a contingency operation for 90 days or more; or (2) perform full-time National Guard duty for 90 days or more in response to a national emergency. Includes under this Act those eligible for such assistance as of October 1, 2008. Revises provisions concerning assistance amounts.
Requires funding for benefits accruing under this Act: (1) on or after October 1, 2008, to be made from funds available to the Department of Veterans Affairs (VA) for the payment of readjustment benefits; and (2) before such date from the Department of Defense Education Benefits Fund.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1102 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1102
To amend title 38, United States Code, to recodify as part of that
title certain educational assistance programs for members of the
reserve components of the Armed Forces, to improve such programs, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2007
Mr. Snyder (for himself, Mr. Boozman, Ms. Herseth, Ms. Loretta Sanchez
of California, Mr. Reynolds, and Mr. Latham) 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 certain educational assistance programs for members of the
reserve components of the Armed Forces, to improve such programs, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Total Force Educational Assistance
Enhancement and Integration Act of 2007''.
SEC. 2. RECODIFICATION IN TITLE 38, UNITED STATES CODE, AND IMPROVEMENT
OF CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS FOR MEMBERS OF
THE RESERVE COMPONENTS.
(a) Purpose.--The purpose of this section is to recodify in title
38, United States Code, the provisions of chapters 1606 and 1607 of
title 10, United States Code, relating to educational assistance for
members of the reserve components of the Armed Forces, and to make
certain improvements in such provisions as so recodified.
(b) Recodification and Improvement of Educational Assistance
Programs.--
(1) In general.--Part III of title 38, United States Code,
is amended by inserting after chapter 32 the following new
chapter:
``CHAPTER 33--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE RESERVE
COMPONENTS
``subchapter i--members of the selected reserve
``Sec.
``3301. Educational assistance program: purpose.
``3302. Eligibility.
``3302A. Eligibility of individuals entitled to educational assistance
under former chapter 1606 of title 10.
``3303. Amount.
``3304. Termination of assistance.
``3305. Failure to participate satisfactorily; penalties.
``3306. Reports to Congress.
``subchapter ii--reserve component members supporting contingency
operations and certain other operations
``3321. Purpose.
``3322. Educational assistance program.
``3323. Eligibility.
``3323A. Eligibility of individuals entitled to educational assistance
under former chapter 1607 of title 10.
``3324. Amount.
``3325. Time limitation for use of entitlement.
``3326. Termination of assistance.
``subchapter iii--administrative matters
``3341. Administration of programs.
``3342. Funding.
``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE
``Sec. 3301. Educational assistance program: purpose
``To encourage membership in units of the Selected Reserve of the
Ready Reserve, the Secretary of Veterans Affairs, in consultation with
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 carry out under this subchapter 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.
``Sec. 3302. Eligibility
``(a) In General.--A person is entitled to educational assistance
under the program of educational assistance under this subchapter if
the person--
``(1) after October 1, 2008--
``(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 subchapter,
has completed the requirements of a secondary school diploma
(or an equivalency certificate).
``(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) Notice on Entitlement.--(1) 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.
``(2) In accordance with a memorandum of understanding entered into
between the Secretary of Veterans Affairs and the Secretary of Defense,
the Secretary of Defense shall transmit a notice of entitlement for
each member so entitled to the Secretary of Veterans Affairs.
``(d) Inapplicability of Certain Duty Toward Entitlement.--A person
may not receive credit under 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.
``(e) Bar to Duplication of Educational Assistance.--The provisions
of section 3033(a) of this title, relating to a bar on duplication of
receipt of certain educational assistance benefits, apply with respect
to the receipt of educational assistance under this subchapter.
``Sec. 3302A. Eligibility of individuals entitled to educational
assistance under former chapter 1606 of title 10
``(a) In General.--Subject to the provisions of this section, any
individual entitled to educational assistance under chapter 1606 of
title 10 as of October 1, 2008, shall be entitled to educational
assistance under this subchapter thereafter for the programs of
education, in the amounts, and subject to the conditions and
limitations provided in sections 3303 through 3305 of this title.
``(b) Limitation on Months of Entitlement.--The number of months of
entitlement to educational assistance under this subchapter of an
individual described in subsection (a) by reason of this section as of
October 1, 2008, shall be equal to the number of months of entitlement
of such individual to educational assistance under chapter 1606 of
title 10 that remain unutilized by such individual as of that date.
``(c) Time Limitation for Use of Entitlement.--(1) Except as
provided in paragraph (2), the provisions of section 16133 of title 10,
as in effect on September 30, 2008, shall apply to the time for the use
by an individual described in subsection (a) of entitlement to
educational assistance under this subchapter by reason of this section.
``(2) Clause (1) of section 16133(a) of title 10, as in effect on
September 30, 2008, shall not apply to the time for the use by an
individual described in subsection (a) of entitlement to educational
assistance under this subchapter by reason of this section.
``Sec. 3303. Amount
``(a) In General.--(1) Subject to the provisions of this section,
the Secretary shall provide for payment to each person entitled to
educational assistance under this subchapter who is pursuing a program
of education described by subsection (b) of an educational assistance
allowance at the following rates:
``(A) $309 (as increased from time to time under paragraphs
(2) and (3)) per month for each month of full-time pursuit of a
program of education.
``(B) $231 (as increased from time to time under paragraphs
(2) and (3)) per month for each month of three-quarter-time
pursuit of a program of education.
``(C) $153 (as increased from time to time under paragraphs
(2) and (3)) per month for each month of half-time pursuit of a
program of education.
``(D) $77.25 (as increased from time to time under
paragraphs (2) and (3)) per month 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) through (D) 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.
``(3) In the event of any increase by law (other than an increase
under paragraph (2)) in the rates of basic educational assistance
payable under section 3015(a) of this title, effective for months
beginning on or after the month in which such increase goes into effect
the Secretary shall provide a percentage increase (rounded to the
nearest dollar) in the rates payable under subparagraphs (A) through
(D) of paragraph (1) equal to such percentage increase in such rates of
basic educational assistance by law.
``(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) 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 person 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 a person under
this subchapter; or
``(ii) be counted toward the aggregate period for which
section 3695 of this title limits a person's receipt of
assistance.
``(B) The payment of an educational assistance allowance referred
to in subparagraph (A) is the payment of such an allowance to a person
for pursuit of a course or courses under this subchapter if the
Secretary finds that the person--
``(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 person's approved educational, professional,
or vocational objective as a result of having to discontinue,
as described in clause (i), the person's course pursuit.
``(C) The period for which, by reason of this paragraph, 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 person involved failed to receive
credit or with respect to which such person lost training time, as
determined under subparagraph (B)(ii).
``(d) Apprenticeships; On-Job Training.--(1) Educational assistance
is payable under this subchapter to a person entitled to educational
assistance under this subchapter for pursuit of a full-time program of
apprenticeship or other on-job training.
``(2)(A) For purposes of this subchapter, the rate of payment of
educational assistance allowances, and the charge against entitlement
for receipt of such allowances, under this subsection shall be governed
by the provisions of section 3032(c) of this title.
``(B) In the administration of the provisions referred to in
subparagraph (A) for purposes of this subchapter--
``(i) a reference to `an individual' shall be deemed to be
a reference to a person entitled to educational assistance
under this subchapter;
``(ii) a reference to `this chapter' shall be deemed to be
a reference to this subchapter; and
``(iii) a reference to `the monthly educational assistance
allowance otherwise payable to such individual' shall be deemed
to be a reference to the monthly educational assistance
allowance otherwise payable to the person concerned under this
subchapter (including any such allowance under subsection (a)
and any such allowance under subsection (i)).
``(e) Correspondence Courses.--(1) Educational assistance is
payable under this subchapter to a person entitled to educational
assistance under this subchapter who enters into an agreement to
pursue, and pursues, a program of education exclusively by
correspondence.
``(2)(A) For purposes of this subchapter, the rate of payment of
educational assistance allowances, and the charge against entitlement
for receipt of such allowances, under this subsection shall be governed
by the provisions of section 3032(d) of this title.
``(B) In the administration of the provisions referred to in
subparagraph (A) for purposes of this subchapter--
``(i) a reference `an individual' shall be deemed to be a
reference to a person entitled to educational assistance under
this subchapter;
``(ii) a reference to `this chapter' shall be deemed to be
a reference to this subchapter; and
``(iii) a reference to `the amount of monthly assistance
the individual would otherwise be eligible to receive for full-
time pursuit of an institutional course' shall be deemed to be
a reference to the monthly educational assistance allowance
otherwise payable to the person concerned under this subchapter
(including any such allowance under subsection (a) and any such
allowance under subsection (i)).
``(f) Flight Training.--(1) Educational assistance is payable under
this subchapter to a person entitled to educational assistance under
this subchapter for pursuit of a program of education consisting of
exclusively of flight training approved under section 3034(d) of this
title, subject to the conditions specified in paragraphs (2) and (4) of
section 3032(e) of this title.
``(2)(A) For purposes of this subchapter, the rate of payment of
educational assistance allowances, and the charge against entitlement
for receipt of such allowances, under this subsection shall be governed
by the provisions of section 3032(e) of this title.
``(B) In the administration of the provisions referred to in
subparagraph (A) for purposes of this subchapter--
``(i) a reference to `an individual' shall be deemed to be
a reference to a person entitled to educational assistance
under this subchapter;
``(ii) a reference to `this chapter' shall be deemed to be
a reference to this subchapter; and
``(iii) a reference to `the monthly rate of education
assistance which such individual would otherwise be paid' shall
be deemed to be a reference to the monthly amount of
educational assistance otherwise payable to the person
concerned under this subchapter (including any such allowance
under subsection (a) and any such allowance under subsection
(i)).
``(g) Licensing and Certification Tests.--(1) Educational
assistance is payable under this subchapter to a person entitled to
educational assistance under this subchapter for a licensing or
certification test described in section 3452(b) of this title.
``(2)(A) For purposes of this subchapter, the amount payable for a
licensing or certification test, the charge against entitlement for
receipt of such payment, and the effect of expiration of entitlement on
payments, under this subsection is governed by the provisions of
section 3032(f) of this title.
``(B) In the administration of the provisions referred to in
subparagraph (A) for purposes of this subchapter--
``(i) a reference to `an individual' shall be deemed to be
a reference to a person entitled to educational assistance
under this subchapter;
``(ii) a reference to `this chapter' shall be deemed to be
a reference to this subchapter; and
``(iii) a reference to `the full-time monthly institutional
rate of educational assistance which such individual would
otherwise be paid' shall be deemed to a reference to the
monthly amount of educational assistance allowance otherwise
payable to the person concerned under this subchapter
(including any such allowance under subsection (a) and any such
allowance under subsection (i)).
``(h) Individualized Tutorial Assistance.--(1) A person entitled to
educational assistance under this subchapter is entitled to
individualized tutorial assistance in accordance with the provisions of
section 3492 of this title, subject to the conditions applicable to an
eligible veteran under that section.
``(2) The amount of individualized tutorial assistance provided
under this subsection shall be governed by the provisions of section
3019(b) of this title.
``(3)(A) For purposes of this subchapter, the charge against
entitlement of individualized tutorial assistance received under this
subsection shall be governed by the provisions of section 3019(c) of
this title.
``(B) In the administration of the provisions referred to in
subparagraph (A) for purposes of this subchapter--
``(i) a reference to `an individual' shall be deemed to be
a reference to a person entitled to educational assistance
under this subchapter;
``(ii) a reference to `this chapter' shall be deemed to be
a reference to this subchapter; and
``(iii) a reference to `the amount of monthly assistance
which the individual is otherwise eligible to receive for full-
time pursuit of an institutional course' shall be deemed to be
a reference to the monthly amount of educational assistance
allowance otherwise payable to the person concerned under this
subchapter (including any such allowance under subsection (a)
and any such allowance under subsection (i)).
``(i) 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 (a)(1) as the Secretary of Veterans Affairs and the
Secretary of Defense jointly consider 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 and the Secretary of Defense jointly
consider 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 of Veterans Affairs under regulations
prescribed jointly by the Secretary of Veterans Affairs and the
Secretary of Defense.
``(j) Continuation of Entitlement During Quarter or Semester of
Exhaustion.--The provisions of section 3031(f) of this title shall
apply to the period of entitlement of a person to educational
assistance under this subchapter.
``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 of the military
department 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. Reports to Congress
``(a) Biennial Reports.--(1) The Secretary shall submit to
Congress, not later than March 1 of each odd-numbered year, a report on
the operation of the educational assistance program carried out under
this subchapter during the preceding two fiscal years.
``(2) Each report under paragraph (1) shall include the number of
members of the Selected Reserve of the Ready Reserve of each Armed
Force receiving, and the number of such members entitled to receive,
educational assistance under this subchapter during each fiscal year
covered by such report.
``(b) Modification of Report Frequency and Report Coverage.--The
Secretary may submit the report otherwise required by subsection (a)
more frequently than is otherwise required by that subsection and
adjust the period covered by the report accordingly.
``SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY
OPERATIONS AND CERTAIN OTHER OPERATIONS
``Sec. 3321. 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 Congress, in recognition of the sacrifices that those
members make in answering the call to duty.
``Sec. 3322. Educational assistance program
``The Secretary of Veterans Affairs, in consultation with 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 carry out under this subchapter a program to provide
educational assistance to members of the Ready Reserve of the Armed
Forces for the purpose specified in section 3321 of this title.
``Sec. 3323. Eligibility
``(a) In General.--On or after October 1, 2008, a member of a
reserve component is entitled to educational assistance under this
subchapter if the member--
``(1) serves 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,
performs 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) Notice on Entitlement.--(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 states clearly and
prominently the substance of sections 3325 and 3326 of this title as
such sections may apply to the member.
``(2) In accordance with a memorandum of understanding entered into
between the Secretary of Veterans Affairs and the Secretary of Defense,
the Secretary of Defense shall transmit a notice of entitlement under
subsection (a) for each member so entitled to the Secretary of Veterans
Affairs.
``(c) Applicability of Certain Service Toward Eligibility.--A
member who qualifies for educational assistance under this subchapter
may not receive credit for 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.
``(d) Bar to Duplication of Educational Assistance.--(1) Except as
provided in paragraph (2), the provisions of section 3033(a) of this
title, relating to a bar on duplication of receipt of certain
educational assistance benefits, apply with respect to the receipt of
educational assistance under this subchapter.
``(2) Paragraph (1) does not apply with respect to the entitlement
of a member to educational assistance under section 3303(i) of this
title.
``Sec. 3323A. Eligibility of individuals entitled to educational
assistance under former chapter 1607 of title 10
``(a) In General.--Subject to the provisions of this section, any
individual entitled to educational assistance under chapter 1607 of
title 10 as of October 1, 2008, shall be entitled to educational
assistance under this subchapter thereafter for the programs of
education, in the amounts, and subject to the conditions and
limitations provided in sections 3324 through 3326 of this title.
``(b) Limitation on Months of Entitlement.--The number of months of
entitlement to educational assistance under this subchapter of an
individual described in subsection (a) by reason of this section as of
October 1, 2008, shall be equal to the number of months of entitlement
of such individual to educational assistance under chapter 1607 of
title 10 that remain unutilized by such individual as of that date.
``(c) Time Limitation for Use of Entitlement.--(1) Except as
provided in paragraph (2), the provisions of section 16164 of title 10,
as in effect on September 30, 2008, shall apply to the time for the use
by an individual described in subsection (a) of entitlement to
educational assistance under this subchapter by reason of this section.
``(2) The provisions of section 3325(a)(2) of this title shall
apply to the duration of the entitlement of an individual described by
subsection (a) to educational assistance under this subchapter by
reason of this section.
``Sec. 3324. Amount
``(a) In General.--(1) The educational assistance program under
this subchapter shall provide for payment by the Secretary of an
educational assistance allowance to each member entitled to educational
assistance under this subchapter--
``(A) if the member is pursuing a program of education
authorized under subsection (b) on a full-time basis, at the
monthly rate of--
``(i) for months occurring during fiscal year 2009,
the monthly rate payable under section 3015(a)(1)(D) of
this title for that fiscal year; and
``(ii) for months occurring during a subsequent
fiscal year, the amount for months occurring during the
previous fiscal year as increased under paragraph (2);
or
``(B) if the member is pursuing a program of education
authorized under subsection (b) on less than a full-time basis,
at an appropriately reduced monthly rate, as determined under
regulations prescribed by the Secretary.
``(2)(A) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar) in the
rate payable under paragraph (1)(A) equal to the percentage by which--
``(i) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(ii) such Consumer Price Index for the 12-month period
preceding the 12-month period described in clause (i).
``(B) Any rounding under subparagraph (A) shall be subject to the
provisions of section 3015(h)(2) of this title.
``(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) Treatment of Certain Duty as Counting Toward Entitlement.--
Any month of active duty, or full time National Guard duty, served by a
member that contributes under section 3323(a) of this title to the
entitlement of the member to educational assistance under this
subchapter shall be counted as a month for which the member is entitled
to educational assistance under this subchapter.
``(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 member
under this subchapter; or
``(ii) be counted toward the aggregate period for which
section 3695 of this title limits a member's receipt of
assistance.
``(B) The payment of an educational assistance allowance referred
to in subparagraph (A) is the payment of such an allowance to a member
for pursuit of a course or courses under this subchapter if the
Secretary finds that the member--
``(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 member's approved educational, professional,
or vocational objective as a result of having to discontinue,
as described in clause (i), the member'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 member involved failed to receive
credit or with respect to which such member lost training time, as
determined under subparagraph (B)(ii).
``(e) Flight Training.--(1) Educational assistance is payable under
this subchapter to a person entitled to educational assistance under
this subchapter for pursuit of a program of education consisting of
exclusively of flight training approved under section 3034(d) of this
title, subject to the conditions specified in paragraphs (2) and (4) of
section 3032(e) of this title.
``(2)(A) For purposes of this subchapter, the rate of payment of
educational assistance allowances, and the charge against entitlement
for receipt of such allowances, under this subsection shall be governed
by the provisions of section 3032(e) of this title.
``(B) In the administration of the provisions referred to in
subparagraph (A) for purposes of this subchapter--
``(i) a reference to `an individual' shall be deemed to be
a reference to a member entitled to educational assistance
under this subchapter;
``(ii) a reference to `this chapter' shall be deemed to be
a reference to this subchapter; and
``(iii) a reference to `the monthly rate of education
assistance which such individual would otherwise be paid' shall
be deemed to be a reference to the monthly amount payable under
subsection (a)(1)(A).
``(f) Licensing and Certification Tests.--(1) Educational
assistance is payable under this subchapter to a member entitled to
educational assistance under this subchapter for a licensing or
certification test described in section 3452(b) of this title.
``(2)(A) For purposes of this subchapter, the amount payable for a
licensing or certification test, the charge against entitlement for
receipt of such payment, and the effect of expiration of entitlement on
payments, under this subsection is governed by the provisions of
section 3032(f) of this title.
``(B) In the administration of the provisions referred to in
subparagraph (A) for purposes of this subchapter--
``(i) a reference to `an individual' shall be deemed to be
a reference to a member entitled to educational assistance
under this subchapter;
``(ii) a reference to `this chapter' shall be deemed to be
a reference to this subchapter; and
``(iii) a reference to `the full-time monthly institutional
rate of educational assistance which such individual would
otherwise be paid' shall be deemed to a reference to the
monthly amount payable under subsection (a)(1)(A).
``Sec. 3325. 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 member 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 beginning 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 person's own willful
misconduct incurred on or after the date on which such person became
entitled to educational assistance under this subchapter, the person's
entitlement to educational assistance expires at the end of the 10-year
period beginning on the date on which the 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. 3326. 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 subparagraph (A) or (B) of paragraph (1) of
section 3325(a) of this title, as applicable, unless the member
is otherwise covered by paragraph (2) of such section.
``(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.
``SUBCHAPTER III--ADMINISTRATIVE MATTERS
``Sec. 3341. Administration of programs
``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 this title (with the exception of sections 3686(a), 3687,
and 3692) shall be applicable to the provision of educational
assistance under subchapters I and II of this chapter. In the
application of such provisions for purposes of subchapter I or II of
this chapter, the terms `eligible veteran' and `a person', as used in
such provisions, shall be deemed to refer to a person or member
eligible for educational assistance under the applicable subchapter.
``Sec. 3342. Funding
``(a) Funding for Benefits Accruing After October 1, 2008.--(1)
Payments for educational assistance under this chapter for persons
entitled to such assistance under section 3302 or 3323 of this title
shall be made from funds appropriated or otherwise made available to
the Department of Veterans Affairs for the payment of readjustment
benefits.
``(2) Payments for training and rehabilitation under section
3323(b) of this title shall be made from funds appropriated or
otherwise made available to the Department of Veterans Affairs for the
payment of readjustment benefits.
``(b) Funding for Benefits Accruing Before October 1, 2008.--
Payments for educational assistance under this chapter for persons
entitled to such assistance under section 3302A or 3323A of this title
shall be made from amounts in the Department of Defense Education
Benefits Fund under section 2006 of title 10 that are attributable to
armed forces education liabilities under chapters 1606 and 1607 of
title 10 that accrue before October 1, 2008. Amounts for such payments
shall be made available to the Secretary in accordance with the
provisions of section 2006(d) of title 10.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and at the beginning
of part III of such title, are each amended by inserting after
the item relating to chapter 32 the following new item:
``33. Educational Assistance for Members of the Reserve 3301''.
Components.
(c) Conforming Amendments on Bar on Dual Eligibility for
Benefits.--
(1) Section 3033 of title 38, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``chapter 106
or 107 of title 10'' and inserting ``under subchapter I
or subchapter II of chapter 33 of this title, under
chapter 107 of title 10''; and
(B) in subsection (c), by striking ``chapter 106 of
title 10'' and inserting ``subchapter I of chapter 33
of this title''.
(2) Section 3221(f) of such title is amended by striking
``chapter 106 of title 10'' and inserting ``subchapter I of
chapter 33 of this title''.
(3) Section 3681 of such title is amended--
(A) in subsection (a), by striking ``34, 35, or 36
of this title or 106 or 107 of title 10,'' and
inserting ``33, 34, 35, or 36 of this title''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting before
the period the following: ``, and subchapters I
and II of chapter 33 of this title''; and
(ii) in paragraph (2), by striking
``Chapters 106 and'' and inserting ``Chapter
107''.
(d) Conforming Amendments Relating to Department of Defense
Education Benefits Fund.--Section 2006(b) of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``and chapters 1606 and
1607''; and
(2) in paragraph (2)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(e) Cross-Reference Amendments.--
(1) Chapter 106 of title 10, united states code.--
(A) Section 2131 of title 10, United States Code,
is amended to read as follows:
``Sec. 2131. Reference to subchapter I of chapter 33 of title 38
``Provisions of law related to educational assistance for members
of the Selected Reserve under the Montgomery GI Bill program, as
formerly set forth in this chapter and chapter 1606 of this title, are
set forth in subchapter I of chapter 33 of title 38 (beginning with
section 3301 of title 38).''.
(B) The table of sections at the beginning of
chapter 106 of such title is amended by striking the
item relating to section 2131 and inserting the
following new item:
``2131. Reference to subchapter I of chapter 33 of title 38.''.
(2) Chapter 1606 of title 10, united states code.--Chapter
1606 of such title is amended by striking all after the chapter
heading and inserting the following:
``Sec.
``16131. Reference to subchapter I of chapter 33 of title 38.
``Sec. 16131. Reference to subchapter I of chapter 33 of title 38
``Provisions of law related to educational assistance for members
of the Selected Reserve under the Montgomery GI Bill program, as
formerly set forth in this chapter, are set forth in subchapter I of
chapter 33 of title 38 (beginning with section 3301 of that title).''.
(3) Chapter 1607 of title 10, united states code.--Chapter
1607 of such title is amended by striking all after the chapter
heading and inserting the following:
``Sec.
``16161. Reference to subchapter II of chapter 33 of title 38.
``Sec. 16161. Reference to subchapter II of chapter 33 of title 38
``Provisions of law related to educational assistance for members
of the reserve components of the armed forces supporting contingency
operations and certain other operations, as formerly set forth in this
chapter, are set forth in subchapter II of chapter 33 of title 38
(beginning with section 3321 of that title).''.
(f) Additional Conforming Amendments.--
(1) Title 38, united states code.--
(A) Section 3485 of title 38, United States Code,
is amended--
(i) in subsection (a)(4)(E), by striking
``chapter 1606 or 1607 of title 10'' and
inserting ``chapter 33 of this title'';
(ii) in subsection (b), by striking
``chapter 30, 31, 32, or 34 of this title or
chapter 1606 or 1607 of title 10,'' and
inserting ``chapter 30, 31, 32, 33, or 34 of
this title''; and
(iii) in subsection (e)(1)--
(I) by striking ``, chapter 30, 31,
32, 35, or 36 of this title, or chapter
1606 or 1607 of title 10'' and
inserting ``or chapter 30, 31, 32, 33,
35, or 36 of this title''; and
(II) by striking ``section 2135 of
such title'' and inserting ``section
3305 of this title''.
(B) Section 3672(c) of such title is amended--
(i) in paragraph (3)(A), by striking
``chapters 30 and 35 of this title and chapter
1606 of title 10'' and inserting ``chapters 30,
33, and 35 of this title''; and
(ii) in paragraph (4), by striking
``chapter 30 or 35 of this title, or chapter
1606 of title 10, as the case may be'' and
inserting ``chapter 30, 33, or 35 of this
title''.
(C) Section 3680A(d)(1) of such title is amended--
(i) by striking ``or under chapter 106 of
title 10'' the first place it appears; and
(ii) by striking ``or chapter 30, 31, 32,
or 35 of this title or under chapter 106 of
title 10'' and inserting ``or chapter 30, 31,
32, 33, or 35 of this title''.
(D) Section 3684A(a)(1) of such title is amended by
striking ``chapter 30 or 32 of this title or in chapter
106 of title 10'' and inserting ``chapter 30, 32, or 33
of this title''.
(E) Section 3688(b) of such title is amended by
striking ``, chapter 30, 32, or 35 of this title, or
chapter 106 of title 10'' and inserting ``or chapter
30, 32, 33, or 35 of this title''.
(F) Section 3689 of such title is amended by
inserting ``33,'' after ``32,'' each place it appears.
(G) Section 3692 of such title is amended--
(i) in subsection (a), by striking ``or 35
of this title and chapter 1606 of title 10''
and inserting ``33, or 35 of this title''; and
(ii) in subsection (b), by striking ``,
chapters 30, 32, and 35 of this title, and
chapter 1606 of title 10'' and inserting ``and
chapters 30, 32, 33, and 35 of this title''.
(H) Section 3695(a) of such title is amended--
(i) by striking paragraph (4) and inserting
the following new paragraph (4):
``(4) Chapters 30, 32, 34, 35, and 36 of this title and
subchapters I and II of chapter 33 of this title.''; and
(ii) in paragraph (5), by striking ``,
1606, 1607,''.
(I) Section 3697(a) of such title is amended by
striking ``chapter 30, 32, 34, or 35 of this title, or
chapter 106 of title 10,'' and inserting ``chapter 30,
32, 33, 34, or 35 of this title''.
(J) Section 3697A(b)(1) of such title is amended by
striking ``or 32 of this title or chapter 106 or 107 of
title 10'' and inserting ``32, or 33 of this title''.
(2) Title 10, united states code.--Section 510(h) of title
10, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``additional educational assistance under
chapter 1606 of this title or to basic
educational assistance under subchapter II of
chapter 30 of title 38'' and inserting ``basic
educational assistance under subchapter II of
chapter 30 of title 38 or educational
assistance under subchapter I of chapter 33 of
that title''; and
(ii) in subparagraph (B)--
(I) by striking ``chapter 1606 of
this title or chapter 30 of title 38''
and inserting ``chapter 30 or
subchapter I of chapter 33 of title
38''; and
(II) by striking ``either such
chapter'' each place it appears and
inserting ``either such provisions'';
and
(B) in paragraph (3)(A), by striking ``educational
assistance under chapter 1606 of this title'' and all
that follows through ``as the case may be'' and
inserting ``basic educational assistance under chapter
30 of title 38 or educational assistance under
subchapter I of chapter 33 of that title from an
entitlement to such basic educational assistance under
chapter 30 of that title or educational assistance
under subchapter I of chapter 33 of that title, as the
case may be''.
(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) Internal revenue code of 1986.--Section 25A(g)(2)(B) of
the Internal Revenue Code of 1986 is amended by striking
``chapter 30, 31, 32, 34, or 35 of title 38, United States
Code, or under chapter 1606 of title 10, United States Code''
and inserting ``chapter 30, 31, 32, 33, 34, or 35 of title 38,
United States Code''.
(g) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall take effect on October 1, 2008.
(2) No adjustment in assistance amounts for fiscal year
2009.--The adjustment in amounts of educational assistance
otherwise required for fiscal year 2009 under section
3303(a)(2) of title 38, United States Code (as amended by
subsection (b)), shall not be made.
<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 Economic Opportunity.
Referred to the Subcommittee on Military Personnel.
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