Montgomery GI Bill Integration Act of 2007 - Recodifies under federal veterans' benefits provisions former federal armed forces provisions relating to educational assistance programs for members of the reserve components. 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) flight training; (4) tutorial assistance; (5) courses beyond the baccalaureate degree level; (6) persons with skills or specialties for which there is a critical shortage; and (7) licensing and certification tests. Extends the time limitation for the use of such entitlement to the earlier of 14 years after the person first becomes entitled to such assistance or the date upon which the person is separated from the Selected Reserve (currently, ten years after the person first becomes entitled to such assistance).
Extends the time limitation for the use of the Ready Reserve educational assistance entitlement to ten years after separation from the Ready Reserve.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1641 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1641
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2007
Mr. Snyder (for himself, Mr. Filner, Mr. Buyer, Ms. Herseth, Ms.
Loretta Sanchez of California, Mr. Reynolds, Mr. Boozman, 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.
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 ``Montgomery GI Bill Integration Act
of 2007''.
SEC. 2. RECODIFICATION IN TITLE 38, UNITED STATES CODE, OF CERTAIN
EDUCATIONAL ASSISTANCE PROGRAMS FOR MEMBERS OF THE
RESERVE COMPONENTS.
(a) 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: establishment; amount.
``3302. Eligibility for educational assistance.
``3303. Time limitation for use of entitlement.
``3304. Termination of assistance.
``3305. Failure to participate satisfactorily; penalties.
``3306. Administration of program
``3307. Reports to Congress.
``subchapter ii--reserve component members supporting contingency
operations and certain other operations
``3321. Purpose.
``3322. Educational assistance program.
``3323. Eligibility for educational assistance.
``3324. Time limitation for use of entitlement.
``3325. Termination of assistance.
``3326. Administration of program.
``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE
``Sec. 3301. Educational assistance program: establishment; amount
``(a) To encourage membership in units of the Selected Reserve of
the Ready Reserve, the Secretary of each military department, under
regulations prescribed by the Secretary of Defense, and the Secretary
of Homeland Security, under regulations prescribed by the Secretary
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 under the jurisdiction of the Secretary
concerned who agree to remain members of the Selected Reserve for a
period of not less than six years.
``(b)(1) Except as provided in subsections (d) through (f), each
educational assistance program established under subsection (a) shall
provide for payment by the Secretary of Veterans Affairs of an
educational assistance allowance to each person entitled to educational
assistance under this subchapter who is pursuing a program of
education. The educational assistance allowance shall be paid at the
following rates:
``(A) $309 (as increased from time to time under paragraph
(2)) per month for each month of full-time pursuit of a program
of education.
``(B) $231 (as increased from time to time under paragraph
(2)) per month for each month of three-quarter-time pursuit of
a program of education.
``(C) $153 (as increased from time to time under paragraph
(2)) per month for each month of half-time pursuit of a program
of education.
``(D) an appropriately reduced rate, as determined under
regulations which the Secretary of Veterans Affairs 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 by which--
``(A) 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
``(B) such Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).
``(c)(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 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 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)(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)(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)(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
subsection (b)(1)(A) 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.
``(g)(1)(A) Subject to subparagraph (B), the Secretary of Veterans
Affairs 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 of Veterans Affairs 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.
``(h) 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.
``(i)(1) In the case of a person who has a skill or specialty
designated by the Secretary concerned 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 concerned 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 Defense 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 concerned 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 concerned 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 Defense
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 Secretaries concerned under regulations prescribed by
the Secretary of Defense.
``(j)(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) 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) 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) 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 of Veterans Affairs, the
Secretary of Defense shall transmit a notice of entitlement for each
such person to that Secretary.
``(d) A person who serves in the Selected Reserve 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 elect (in such form and manner as the Secretary of Veterans
Affairs may prescribe) the program to which such service is to be
credited. However, 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) 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 (1) at the end of the 14-year
period beginning on the date on which such person becomes entitled to
such assistance, or (2) on the date the person is separated from the
Selected Reserve, whichever occurs first.
``(b)(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) Funding for Benefits Accruing After October 1, 2008.--
Payments for educational assistance under this subchapter 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 subchapter 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 chapter 1606 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.
``(c) 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 this 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.
``(d) 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 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. 3307. Biennial report to Congress
``The Secretary of Defense 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. 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
``(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 subchapter 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 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 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 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. 3323. 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 3322(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 3325 of this title as such section
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 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 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 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 of Veterans Affairs 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. 3324. Time limit for use of entitlement
``(a) Duration of Entitlement.--Except as provided in subsection
(b), a member remains entitled to educational assistance under this
subchapter while serving--
``(1) 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
``(2) 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).
``(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. 3325. 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 3324(a)(1) or section 3324(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. 3326. Administration of program
``(a) Funding for Benefits Accruing After October 1, 2008.--
Payments for educational assistance under this subchapter 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 subchapter 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 chapter 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.
``(c) 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 this 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.
``(d) 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 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.''.
(b) 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.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) 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''.
(b) Conforming Amendments Relating to Department of Defense
Education Benefits Fund.--
(1) Definition of armed forces education liabilities.--
Paragraph (1) of section 2006(b) of title 10, United States
Code, is amended to read as follows:
``(1) The term `armed forces education liabilities' means
liabilities of the armed forces for benefits under chapters 30
and 33 of title 38 and for Department of Defense benefits under
paragraphs (3) and (4) of section 510(e) of this title,
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. The term
includes Department of Defense benefits under chapters 1606 and
1607 of this title, as in effect immediately before the date of
the enactment of the Montgomery GI Bill Integration Act of
2007, for persons who became entitled to educational assistance
under such chapters before that date and use, on or after that
date, the benefits to which the persons became entitled.''.
(2) Definition of normal cost.--Paragraph (2) of such
section is amended by striking subparagraph (C) and inserting
the following new subparagraph:
``(C) The present value of the future Department of
Defense benefits payable from the Fund (including funds
from the Department in which the Coast Guard is
operating) for--
``(i) educational assistance under chapter
33 of title 38 to persons who during such
period become entitled to such assistance; and
``(ii) educational assistance under
chapters 1606 and 1607 of this title, as in
effect immediately before the date of the
enactment of the Montgomery GI Bill Integration
Act of 2007, to persons who became entitled to
such assistance under such chapters before that
date and will be able to use, on or after that
date, the benefits to which the persons became
entitled.''.
(c) 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).''.
(d) 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''.
<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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