[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6250 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6250

  To amend title 38, United States Code, to recodify as part of that 
 title the educational assistance programs for members of the reserve 
                              components.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2006

 Mr. Snyder (for himself, Ms. Herseth, and Mr. Filner) introduced the 
   following bill; which was referred to the Committee on Veterans' 
  Affairs, and in addition to the Committee on Armed Services, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to recodify as part of that 
 title the educational assistance programs for members of the reserve 
                              components.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MONTGOMERY G.I. BILL IMPROVEMENT.

    (a) Recodification of Reserve Component Education Benefits in Title 
38.--Title 38, United States Code, is amended by inserting after 
chapter 32 the following new chapter:

     ``CHAPTER 33--RESERVE COMPONENT EDUCATIONAL ASSISTANCE PROGRAM

     ``Chapt``subchapter i--members of the selected reserve Program
``Sec. 3301. Educational assistance program: establishment; amount.
``Sec. 3302. Eligibility for educational assistance.
``Sec. 3303. Time limitation for use of entitlement.
``Sec. 3304. Termination of assistance.
``Sec. 3305. Failure to participate satisfactorily; penalties.
``Sec. 3306. Administration of program.
``Sec. 3307. Flight training.
``S``subchapter ii--reserve component members supporting contingency 
                operations and certain other operations
``Sec. 3331. Purpose.
``Sec. 3332. Educational assistance program.
``Sec. 3333. Eligibility for educational assistance.
``Sec. 3334. Time limitation for use of entitlement.
``Sec. 3335. Termination of assistance.
``Sec. 3336. Administration of program.

            ``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE

``Sec. 3301. Educational assistance program: establishment; amount
    ``(a) Program Establishment.--To encourage membership in units of 
the Selected Reserve of the Ready Reserve, the Secretary of Veterans 
Affairs, in consultation with the Secretary of each military 
department, the Secretary of Defense, and the Secretary of Homeland 
Security, with respect to the Coast Guard when it is not operating as a 
service in the Navy, shall establish and maintain a program to provide 
educational assistance to members of the Selected Reserve of the Ready 
Reserve of the armed forces who agree to remain members of the Selected 
Reserve for a period of not less than six years.
    ``(b) Benefit Amount.--(1) Except as provided in subsections (d) 
through (f), under the educational assistance program established under 
subsection (a), the Secretary shall provide for payment to each person 
entitled to educational assistance under this subchapter who is 
pursuing a program of education of an educational assistance allowance 
at the following rates:
            ``(A) $251 (as increased from time to time under paragraph 
        (2)) per month for each month of full-time pursuit of a program 
        of education;
            ``(B) $188 (as increased form time to time under paragraph 
        (2)) per month for each month of three-quarter-time pursuit of 
        a program of education;
            ``(C) $125 (as increased form time to time under paragraph 
        (2)) per month for each month of half-time pursuit of a program 
        of education; and
            ``(D) an appropriately reduced rate, as determined under 
        regulations which the Secretary shall prescribe, for each month 
        of less than half-time pursuit of a program of education, 
        except that no payment may be made to a person for less than 
        half-time pursuit if tuition assistance is otherwise available 
        to the person for such pursuit from the military department 
        concerned.
    ``(2) With respect to any fiscal year, the Secretary shall provide 
a percentage increase (rounded to the nearest dollar) in the rates 
payable under subparagraphs (A), (B), and (C) of paragraph (1) equal to 
the percentage increase provided under subsection (h) of section 3015 
of this title to the rates payable under subsection (a) of that 
section.
    ``(c) Authorized Education Programs.--(1) Educational assistance 
may be provided under this subchapter for pursuit of any program of 
education that is an approved program of education for purposes of 
chapter 30 of this title.
    ``(2) Subject to section 3695 of this title, the maximum number of 
months of educational assistance that may be provided to any person 
under this subchapter is 36 (or the equivalent thereof in part-time 
educational assistance).
    ``(3)(A) Notwithstanding any other provision of this subchapter or 
chapter 36 of this title, any payment of an educational assistance 
allowance described in subparagraph (B) of this paragraph shall not--
            ``(i) be charged against the entitlement of any individual 
        under this subchapter; or
            ``(ii) be counted toward the aggregate period for which 
        section 3695 of this title limits an individual's receipt of 
        assistance.
    ``(B) The payment of the educational assistance allowance referred 
to in subparagraph (A) of this paragraph is the payment of such an 
allowance to the individual for pursuit of a course or courses under 
this subchapter if the Secretary finds that the individual--
            ``(i) had to discontinue such course pursuit as a result of 
        being ordered to serve on active duty under section 12301(a), 
        12301(d), 12301(g), 12302, or 12304 of title 10; and
            ``(ii) failed to receive credit or training time toward 
        completion of the individual's approved educational, 
        professional, or vocational objective as a result of having to 
        discontinue, as described in clause (i), the individual's 
        course pursuit.
    ``(C) The period for which, by reason of this subsection, an 
educational assistance allowance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
this title shall not exceed the portion of the period of enrollment in 
the course or courses for which the individual failed to receive credit 
or with respect to which the individual lost training time, as 
determined under subparagraph (B)(ii).
    ``(d) Apprenticeships; On-the-Job Training.--(1) Except as provided 
in paragraph (2), the amount of the monthly educational assistance 
allowance payable to a person pursuing a full-time program of 
apprenticeship or other on-the-job training under this subchapter is--
            ``(A) for each of the first six months of the person's 
        pursuit of such program, 75 percent of the monthly educational 
        assistance allowance otherwise payable to such person under 
        this subchapter;
            ``(B) for each of the second six months of the person's 
        pursuit of such program, 55 percent of such monthly educational 
        assistance allowance; and
            ``(C) for each of the months following the first 12 months 
        of the person's pursuit of such program, 35 percent of such 
        monthly educational assistance allowance.
    ``(2) In any month in which any person pursuing a program of 
education consisting of a program of apprenticeship or other on-the-job 
training fails to complete 120 hours of training, the amount of the 
monthly educational assistance allowance payable under this subchapter 
to the person shall be limited to the same proportion of the applicable 
full-time rate as the number of hours worked during such month, rounded 
to the nearest 8 hours, bears to 120 hours.
    ``(3)(A) Except as provided in subparagraph (B), for each month 
that such person is paid a monthly educational assistance allowance 
under this subchapter, the person's entitlement under this subchapter 
shall be charged at the rate of--
            ``(i) 75 percent of a month in the case of payments made in 
        accordance with paragraph (1)(A);
            ``(ii) 55 percent of a month in the case of payments made 
        in accordance with paragraph (1)(B); and
            ``(iii) 35 percent of a month in the case of payments made 
        in accordance with paragraph (1)(C).
    ``(B) Any such charge to the entitlement shall be reduced 
proportionately in accordance with the reduction in payment under 
paragraph (2).
    ``(e) Correspondence Courses.--(1)(A) The amount of the educational 
assistance allowance payable under this subchapter to a person who 
enters into an agreement to pursue, and is pursuing, a program of 
education exclusively by correspondence is an amount equal to 55 
percent of the established charge which the institution requires 
nonveterans to pay for the course or courses pursued by such person.
    ``(B) For purposes of subparagraph (A), the term `established 
charge' means the lesser of--
            ``(i) the charge for the course or courses determined on 
        the basis of the lowest extended time payment plan offered by 
        the institution and approved by the appropriate State approving 
        agency; or
            ``(ii) the actual charge to the person for such course or 
        courses.
    ``(C) Such allowance shall be paid quarterly on a pro rata basis 
for the lessons completed by the person and serviced by the 
institution.
    ``(2) In each case in which the amount of educational assistance is 
determined under paragraph (1), the period of entitlement of the person 
concerned shall be charged with one month for each amount equal to the 
amount of the monthly rate payable under subsection (b)(1)(A) for the 
fiscal year concerned which is paid to the individual as an educational 
assistance allowance.
    ``(f) Individualized Tutorial Assistance.--(1)(A) Subject to 
subparagraph (B), the Secretary shall approve individualized tutorial 
assistance for any person entitled to educational assistance under this 
subchapter who--
                    ``(i) is enrolled in and pursuing a postsecondary 
                course of education on a half-time or more basis at an 
                educational institution; and
                    ``(ii) has a deficiency in a subject required as a 
                part of, or which is prerequisite to, or which is 
                indispensable to the satisfactory pursuit of, the 
                program of education.
    ``(B) The Secretary shall not approve individualized tutorial 
assistance for a person pursuing a program of education under this 
paragraph unless such assistance is necessary for the person to 
successfully complete the program of education.
    ``(2)(A) Subject to subparagraph (B), the Secretary of Veterans 
Affairs shall pay to a person receiving individualized tutorial 
assistance pursuant to paragraph (1) a tutorial assistance allowance. 
The amount of the allowance payable under this paragraph may not exceed 
$100 for any month, nor aggregate more than $1,200. The amount of the 
allowance paid under this paragraph shall be in addition to the amount 
of educational assistance allowance payable to a person under this 
subchapter.
    ``(B) A tutorial assistance allowance may not be paid to a person 
under this paragraph until the educational institution at which the 
person is enrolled certifies that--
            ``(i) the individualized tutorial assistance is essential 
        to correct a deficiency of the person in a subject required as 
        a part of, or which is prerequisite to, or which is 
        indispensable to the satisfactory pursuit of, an approved 
        program of education;
            ``(ii) the tutor chosen to perform such assistance is 
        qualified to provide such assistance and is not the person's 
        parent, spouse, child (whether or not married or over eighteen 
        years of age), brother, or sister; and
            ``(iii) the charges for such assistance do not exceed the 
        customary charges for such tutorial assistance.
    ``(3)(A) A person's period of entitlement to educational assistance 
under this subchapter shall be charged only with respect to the amount 
of tutorial assistance paid to the person under this subsection in 
excess of $600.
    ``(B) A person's period of entitlement to educational assistance 
under this subchapter shall be charged at the rate of one month for 
each amount of assistance paid to the individual under this section in 
excess of $600 that is equal to the amount of the monthly educational 
assistance allowance which the person is otherwise eligible to receive 
for full-time pursuit of an institutional course under this subchapter.
    ``(g) Courses Beyond Baccalaureate Degree.--A program of education 
in a course of instruction beyond the baccalaureate degree level shall 
be provided under this subchapter, subject to the availability of 
appropriations.
    ``(h) Increased Rate of Assistance for Persons With Certain 
Skills.--(1) In the case of a person who has a skill or specialty 
designated by the Secretary of Defense as a skill or specialty in which 
there is a critical shortage of personnel or for which it is difficult 
to recruit or, in the case of critical units, retain personnel, the 
Secretary of Veterans Affairs may increase the rate of the educational 
assistance allowance applicable to that person to such rate in excess 
of the rate prescribed under subparagraphs (A) through (D) of 
subsection (b)(1) as the Secretary of Veterans Affairs considers 
appropriate, but the amount of any such increase may not exceed $350 
per month.
    ``(2) In the case of a person who has a skill or specialty 
designated by the Secretary of Defense as a skill or specialty in which 
there is a critical shortage of personnel or for which it is difficult 
to recruit or, in the case of critical units, retain personnel, who is 
eligible for educational benefits under chapter 30 (other than section 
3012) of this title and who meets the eligibility criteria specified in 
subparagraphs (A) and (B) of section 3302(a)(1) of this title, the 
Secretary of Veterans Affairs may increase the rate of the educational 
assistance allowance applicable to that person to such rate in excess 
of the rate prescribed under section 3015 of this title as the 
Secretary of Veterans Affairs considers appropriate, but the amount of 
any such increase may not exceed $350 per month.
    ``(3) The authority provided by paragraphs (1) and (2) shall be 
exercised by the Secretary under regulations prescribed by the 
Secretary.
    ``(i) Licensing and Certification Tests.--(1) Subject to paragraph 
(3), the amount of educational assistance payable under this subchapter 
for a licensing or certification test described in section 3452(b) of 
this title is the lesser of $2,000 or the fee charged for the test.
    ``(2) The number of months of entitlement charged in the case of 
any individual for such licensing or certification test is equal to the 
number (including any fraction) determined by dividing the total amount 
of educational assistance paid such individual for such test by the 
full-time monthly institutional rate of educational assistance which, 
but for paragraph (1), such individual would otherwise be paid under 
subsection (b).
    ``(3) In no event shall payment of educational assistance under 
this subsection for such a test exceed the amount of the individual's 
available entitlement under this subchapter.
``Sec. 3302. Eligibility for educational assistance
    ``(a) In General.--A person who--
            ``(1) after June 30, 1985--
                    ``(A) enlists, reenlists, or extends an enlistment 
                as a Reserve for service in the Selected Reserve for a 
                period of not less than six years; or
                    ``(B) is appointed as, or is serving as, a reserve 
                officer and agrees to serve in the Selected Reserve for 
                a period of not less than six years in addition to any 
                other period of obligated service in the Selected 
                Reserve to which the person may be subject; and
            ``(2) before applying for benefits under this section, has 
        completed the requirements of a secondary school diploma (or an 
        equivalency certificate);
is entitled to educational assistance under section 3301 of this title.
    ``(b) Completion of Active Duty for Training.--Educational 
assistance may not be provided to a member under this subchapter until 
the member has completed the initial period of active duty for training 
required of the member.
    ``(c) Written Notification.--Each person who becomes entitled to 
educational assistance under subsection (a) shall at the time the 
person becomes so entitled be given a statement in writing summarizing 
the provisions of this subchapter and stating clearly and prominently 
the substance of sections 3304 and 3305 of this title as such sections 
may apply to the person. At the request of the Secretary, the Secretary 
of Defense shall transmit a notice of entitlement for each such person 
to that Secretary.
    ``(d) Limitation on Eligibility.--A person may not receive credit 
under the program established by this subchapter for service (in any 
grade) on full-time active duty or full-time National Guard duty for 
the purpose of organizing, administering, recruiting, instructing, or 
training the reserve components in a position which is included in the 
end strength required to be authorized each year by section 
115(a)(1)(B) of title 10.
``Sec. 3303. Time limitation for use of entitlement
    ``(a) Duration of Entitlement.--Except as provided in subsection 
(b), the period during which a person entitled to educational 
assistance under this subchapter may use such person's entitlement 
expires on the date that is 10 years after the date on which the person 
is separated from the Selected Reserve.
    ``(b) Duration of Entitlement for Disabled Members.--(1) In the 
case of a person--
            ``(A) who is separated from the Selected Reserve because of 
        a disability which was not the result of the individual's own 
        willful misconduct incurred on or after the date on which such 
        person became entitled to educational assistance under this 
        subchapter; or
            ``(B) who, on or after the date on which such person became 
        entitled to educational assistance under this subchapter ceases 
        to be a member of the Selected Reserve during the period 
        beginning on October 1, 1991, and ending on December 31, 2001, 
        by reason of the inactivation of the person's unit of 
        assignment or by reason of involuntarily ceasing to be 
        designated as a member of the Selected Reserve pursuant to 
        section 10143(a) of title 10,
        the period for using entitlement prescribed by subsection (a) 
        shall be determined without regard to clause (2) of such 
        subsection.
    ``(2) The provisions of section 3031(f) of this title shall apply 
to the period of entitlement prescribed by subsection (a).
    ``(3) The provisions of section 3031(d) of this title shall apply 
to the period of entitlement prescribed by subsection (a) in the case 
of a disability incurred in or aggravated by service in the Selected 
Reserve.
    ``(4) In the case of a member of the Selected Reserve of the Ready 
Reserve who serves on active duty pursuant to an order to active duty 
issued under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of 
title 10--
            ``(A) the period of such active duty service plus four 
        months shall not be considered in determining the expiration 
        date applicable to such member under subsection (a); and
            ``(B) the member may not be considered to have been 
        separated from the Selected Reserve for the purposes of clause 
        (2) of such subsection by reason of the commencement of such 
        active duty service.
``Sec. 3304. Termination of assistance
    ``Educational assistance may not be provided under this 
subchapter--
            ``(1) to a member receiving financial assistance under 
        section 2107 of title 10 as a member of the Senior Reserve 
        Officers' Training Corps program; or
            ``(2) to a member who fails to participate satisfactorily 
        in required training as a member of the Selected Reserve.
``Sec. 3305. Failure to participate satisfactorily; penalties
    ``(a) Penalties.--At the option of the Secretary concerned, a 
member of the Selected Reserve of an armed force who does not 
participate satisfactorily in required training as a member of the 
Selected Reserve during a term of enlistment or other period of 
obligated service that created entitlement of the member to educational 
assistance under this subchapter, and during which the member has 
received such assistance, may--
            ``(1) be ordered to active duty for a period of two years 
        or the period of obligated service the person has remaining 
        under section 3302 of this title, whichever is less; or
            ``(2) be subject to the repayment provisions under section 
        303a(e) of title 37.
    ``(b) Effect of Repayment.--Any repayment under section 303a(e) of 
title 37 shall not affect the period of obligation of a member to serve 
as a Reserve in the Selected Reserve.
``Sec. 3306. Administration of program
    ``(a) Administration.--Educational assistance under this subchapter 
shall be provided through the Department of Veterans Affairs, under 
agreements to be entered into by the Secretary of Defense, and by the 
Secretary of Homeland Security, with the Secretary of Veterans Affairs. 
Such agreements shall include administrative procedures to ensure the 
prompt and timely transfer of funds from the Secretary concerned to the 
Department of Veterans Affairs for the making of payments under this 
subchapter.
    ``(b) Program Management.--Except as otherwise provided in this 
subchapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 
3483, and 3485 of this title and the provisions of subchapters I and II 
of chapter 36 of such title (with the exception of sections 3686(a), 
3687, and 3692) shall be applicable to the provision of educational 
assistance under this subchapter. The term `eligible veteran' and the 
term `a person', as used in those provisions, shall be deemed for the 
purpose of the application of those provisions to this subchapter to 
refer to a person eligible for educational assistance under this 
subchapter.
``Sec. 3307. Flight training
    ``(a) In General.--(1) Each individual who is pursuing a program of 
education consisting exclusively of flight training approved as meeting 
the requirements of section 3306(c) of this title shall be paid an 
educational assistance allowance under this subchapter in the amount 
equal to 60 percent of the established charges for tuition and fees 
which similarly circumstanced nonveterans enrolled in the same flight 
course are required to pay.
    ``(2) No educational assistance allowance may be paid under this 
subchapter to an individual for any month during which such individual 
is pursuing a program of education consisting exclusively of flight 
training until the Secretary has received from that individual and the 
institution providing such training a certification of the flight 
training received by the individual during that month and the tuition 
and other fees charged for that training.
    ``(3) The period of entitlement of an individual pursuing a program 
of education described in paragraph (1) shall be charged with one month 
for each amount equal to the amount of the monthly rate payable under 
section 3301(b)(1)(A) of this title for the fiscal year concerned which 
is paid to that individual as an educational assistance allowance for 
such program.
    ``(4) The number of solo flying hours for which an individual may 
be paid an educational assistance allowance under this subsection may 
not exceed the minimum number of solo flying hours required by the 
Federal Aviation Administration for the flight rating or certification 
which is the goal of the individual's flight training.
    ``(b) Approval.--The Secretary may approve the pursuit of flight 
training (in addition to a course of flight training that may be 
approved under section 3680A(b) of this title) by an individual 
entitled to educational assistance under this subchapter if--
            ``(1) such training is generally accepted as necessary for 
        the attainment of a recognized vocational objective in the 
        field of aviation;
            ``(2) the individual possesses a valid private pilot 
        certificate and meets, on the day the individual begins a 
        course of flight training, the medical requirements necessary 
        for a commercial pilot certificate; and
            ``(3) the flight school courses meet Federal Aviation 
        Administration standards for such courses and are approved by 
        the Federal Aviation Administration and the State approving 
        agency.
``Sec. 3308. Biennial report to Congress
    ``The Secretary shall submit to Congress a report not later than 
March 1 of each odd-numbered year concerning the operation of the 
educational assistance program established by this subchapter during 
the preceding two fiscal years. Each such report shall include the 
number of members of the Selected Reserve of the Ready Reserve of each 
armed force receiving, and the number entitled to receive, educational 
assistance under this subchapter during those fiscal years. The 
Secretary may submit the report more frequently and adjust the period 
covered by the report accordingly.

   ``SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY 
                OPERATIONS AND CERTAIN OTHER OPERATIONS

``Sec. 3331. Purpose
    ``The purpose of this subchapter is to provide educational 
assistance to members of the reserve components called or ordered to 
active service in response to a war or national emergency declared by 
the President or the Congress, in recognition of the sacrifices that 
those members make in answering the call to duty.
``Sec. 3332. Educational assistance program
    ``(a) Program Establishment.--The Secretary of Veterans Affairs, in 
consultation with the Secretaries of each military department, the 
Secretary of Defense, and the Secretary of Homeland Security with 
respect to the Coast Guard when it is not operating as a service in the 
Navy, shall establish and maintain a program as prescribed in this 
subchapter to provide educational assistance to members of the Ready 
Reserve of the armed forces.
    ``(b) Authorized Education Programs.--Educational assistance may be 
provided under this subchapter for pursuit of any program of education 
that is an approved program of education for purposes of chapter 30 of 
this title.
    ``(c) Benefit Amount.--(1) The educational assistance program 
established under subsection (a) shall provide for payment by the 
Secretary of Veterans Affairs of an educational assistance allowance to 
each member entitled to educational assistance under this subchapter 
who is pursuing a program of education authorized under subsection (b).
    ``(2) The educational assistance allowance provided under this 
subchapter shall be based on the applicable percent under paragraph (4) 
to the applicable rate provided under section 3015 of this title for a 
member whose entitlement is based on completion of an obligated period 
of active duty of three years.
    ``(3) The educational assistance allowance provided under this 
section for a person who is undertaking a program for which a reduced 
rate is specified in chapter 30 of this title, that rate shall be 
further adjusted by the applicable percent specified in paragraph (4).
    ``(4) The adjusted educational assistance allowance under paragraph 
(2) or (3), as applicable, shall be--
            ``(A) 40 percent in the case of a member of a reserve 
        component who performed active service for 90 consecutive days 
        but less than one continuous year;
            ``(B) 60 percent in the case of a member of a reserve 
        component who performed active service for one continuous year 
        but less than two continuous years; or
            ``(C) 80 percent in the case of a member of a reserve 
        component who performed active service for two continuous years 
        or more.
    ``(d) Maximum Months of Assistance.--(1) Subject to section 3695 of 
this title, the maximum number of months of educational assistance that 
may be provided to any member under this subchapter is 36 (or the 
equivalent thereof in part-time educational assistance).
    ``(2)(A) Notwithstanding any other provision of this subchapter or 
chapter 36 of this title, any payment of an educational assistance 
allowance described in subparagraph (B) shall not--
            ``(i) be charged against the entitlement of any individual 
        under this subchapter; or
            ``(ii) be counted toward the aggregate period for which 
        section 3695 of this title limits an individual's receipt of 
        assistance.
    ``(B) The payment of the educational assistance allowance referred 
to in subparagraph (A) is the payment of such an allowance to the 
individual for pursuit of a course or courses under this subchapter if 
the Secretary finds that the individual--
            ``(i) had to discontinue such course pursuit as a result of 
        being ordered to serve on active duty under section 12301(a), 
        12301(d), 12301(g), 12302, or 12304 of title 10; and
            ``(ii) failed to receive credit or training time toward 
        completion of the individual's approved educational, 
        professional, or vocational objective as a result of having to 
        discontinue, as described in clause (i), the individual's 
        course pursuit.
    ``(C) The period for which, by reason of this subsection, an 
educational assistance allowance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
this title shall not exceed the portion of the period of enrollment in 
the course or courses for which the individual failed to receive credit 
or with respect to which the individual lost training time, as 
determined under subparagraph (B)(ii).
    ``(e) Availability of Assistance for Licensing and Certification 
Tests.--The provisions of section 3301(j) of this title shall apply to 
the provision of educational assistance under this subchapter, except 
that, in applying such section under this subchapter, the reference to 
subsection (b) in paragraph (2) of such section is deemed to be a 
reference to subsection (c) of this section.
``Sec. 3333. Eligibility for educational assistance
    ``(a) Eligibility.--On or after September 11, 2001, a member of a 
reserve component is entitled to educational assistance under this 
subchapter if the member--
            ``(1) served on active duty in support of a contingency 
        operation for 90 consecutive days or more; or
            ``(2) in the case of a member of the Army National Guard of 
        the United States or Air National Guard of the United States, 
        performed full time National Guard duty under section 502(f) of 
        title 32 for 90 consecutive days or more when authorized by the 
        President or Secretary of Defense for the purpose of responding 
        to a national emergency declared by the President and supported 
        by Federal funds.
    ``(b) Disabled Members.--Notwithstanding the eligibility 
requirements in subsection (a), a member who was ordered to active 
service as prescribed under subsection (a)(1) or (a)(2) but is released 
from duty before completing 90 consecutive days because of an injury, 
illness or disease incurred or aggravated in the line of duty shall be 
entitled to educational assistance under this subchapter at the rate 
prescribed in section 3332(c)(4)(A) of this title.
    ``(c) Written Notification.--(1) Each member who becomes entitled 
to educational assistance under subsection (a) shall be given a 
statement in writing prior to release from active service that 
summarizes the provisions of this subchapter and stating clearly and 
prominently the substance of section 3335 of this title as such section 
may apply to the member.
    ``(2) At the request of the Secretary, the Secretary concerned 
shall transmit a notice of entitlement for each such member to the 
Secretary.
    ``(d) Bar From Dual Eligibility.--A member who qualifies for 
educational assistance under this subchapter may not receive credit for 
such service under both the program established by chapter 30 of this 
title and the program established by this subchapter but shall make an 
irrevocable election (in such form and manner as the Secretary may 
prescribe) as to the program to which such service is to be credited.
    ``(e) Bar From Duplication of Educational Assistance Allowance.--
(1) Except as provided in paragraph (2), an individual entitled to 
educational assistance under this subchapter who is also eligible for 
educational assistance under subchapter I of this chapter, chapter 30, 
31, 32, or 35 of this title, or under the Hostage Relief Act of 1980 
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance 
under more than one such programs and shall elect (in such form and 
manner as the Secretary may prescribe) under which program the member 
elects to receive educational assistance.
    ``(2) The restriction on duplication of educational assistance 
under paragraph (1) does not apply to the entitlement of educational 
assistance under section 3301(i) of this title.
``Sec. 3334. Time limitation for use of entitlement
    ``(a) Duration of Entitlement.--Except as provided in subsection 
(b), a member remains entitled to educational assistance under this 
subchapter--
            ``(1) while the member is serving--
                    ``(A) in the Selected Reserve of the Ready Reserve, 
                in the case of a member called or ordered to active 
                service while serving in the Selected Reserve; or
                    ``(B) in the Ready Reserve, in the case of a member 
                ordered to active duty while serving in the Ready 
                Reserve (other than the Selected Reserve); and
            ``(2) in the case of a person who separates from the Ready 
        Reserve upon the completion of a service contract under other 
        than dishonorable conditions and, if applicable, the 
        fulfillment of an existing military service obligation in 
        accordance with section 651 of title 10, during the ten-year 
        period that begins on the date on which the member separates 
        from the Ready Reserve.
    ``(b) Duration of Entitlement for Disabled Members.--(1) In the 
case of a person who is separated from the Ready Reserve because of a 
disability which was not the result of the individual's own willful 
misconduct incurred on or after the date on which such person became 
entitled to educational assistance under this subchapter, such person's 
entitlement to educational assistance expires at the end of the 10-year 
period beginning on the date on which such person became entitled to 
such assistance.
    ``(2) The provisions of subsections (d) and (f) of section 3031 of 
this title shall apply to the period of entitlement prescribed by 
paragraph (1).
``Sec. 3335. Termination of assistance
    ``(a) In General.--Except as provided in subsection (b), 
educational assistance may not be provided under this subchapter, or if 
being provided under this subchapter, shall be terminated--
            ``(1) if the member is receiving financial assistance under 
        section 2107 of title 10 as a member of the Senior Reserve 
        Officers' Training Corps program; or
            ``(2) when the member separates from the Ready Reserve, as 
        provided for under section 3334(a)(1) or section 3334(a)(2), as 
        applicable, of this title.
    ``(b) Exception.--Under regulations prescribed by the Secretary of 
Defense, educational assistance may be provided under this subchapter 
to a member of the Selected Reserve of the Ready Reserve who incurs a 
break in service in the Selected Reserve of not more than 90 days if 
the member continues to serve in the Ready Reserve during and after 
such break in service.
``Sec. 3336. Administration of program
    ``(a) Administration.--Educational assistance under this subchapter 
shall be provided through the Department of Veterans Affairs, under 
agreements to be entered into by the Secretary of Defense, and by the 
Secretary of Homeland Security, with the Secretary of Veterans Affairs. 
Such agreements shall include administrative procedures to ensure the 
prompt and timely transfer of funds from the Secretary concerned to the 
Department of Veterans Affairs for the making of payments under this 
subchapter.
    ``(b) Program Management.--Except as otherwise provided in this 
subchapter, the provisions of sections 503, 511, 3470, 3471, 3474, 
3476, 3482(g), 3483, and 3485 of this title and the provisions of 
subchapters I and II of chapter 36 of such title (with the exception of 
sections 3686(a), 3687, and 3692) shall be applicable to the provision 
of educational assistance under this subchapter. The term `eligible 
veteran' and the term `person', as used in those provisions, shall be 
deemed for the purpose of the application of those provisions to this 
subchapter to refer to a person eligible for educational assistance 
under this subchapter.
    ``(c) Flight Training.--The Secretary may approve the pursuit of 
flight training (in addition to a course of flight training that may be 
approved under section 3680A(b) of this title) by an individual 
entitled to educational assistance under this subchapter if--
            ``(1) such training is generally accepted as necessary for 
        the attainment of a recognized vocational objective in the 
        field of aviation;
            ``(2) the individual possesses a valid private pilot 
        certificate and meets, on the day the member begins a course of 
        flight training, the medical requirements necessary for a 
        commercial pilot certificate; and
            ``(3) the flight school courses meet Federal Aviation 
        Administration standards for such courses and are approved by 
        the Federal Aviation Administration and the State approving 
        agency.
    ``(d) Trust Fund.--Amounts for payments for benefits under this 
subchapter shall be derived from the Department of Defense Education 
Benefits Fund under section 2006 of title 10.''.
    (b) Bar on Dual Eligibility.--Section 3681 of title 38, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting after ``chapter 30'' the 
                following: ``subchapter I of chapter 33, subchapter II 
                of chapter 33,'' ; and
                    (B) by striking ``106 or 107 of title 10, or''; and
            (2) in subsection (b)(2), by striking ``Chapters 106 and 
        107 of title 10'' and inserting: ``Subchapters I and II of 
        chapter 33 of this title''.
    (c) Clerical Amendments.--
            (1) Subtitle a of title 10.--The table of chapters at the 
        beginning of subtitle A of title 10, United States Code, is 
        amended by striking the item relating to chapter 106.
            (2) Subtitle e of title 10.--The table of chapters at the 
        beginning of subtitle E of such title is amended by striking 
        the items relating to chapters 1606 and 1607.
    (d) Conforming Amendments.--
            (1) Title 38.--Title 38, United States Code, is amended--
                    (A) by striking ``chapter 1606 of title 10'' each 
                place it appears and inserting ``subchapter I of 
                chapter 33 of this title'';
                    (B) by striking ``chapter 106 of title 10'' each 
                place it appears and inserting ``subchapter I of 
                chapter 33 of this title'';
                    (C) in section 3695(a)(5)--
                            (i) by striking ``, 1606, 1607,''; and
                            (ii) by inserting before the period at the 
                        end the following ``and subchapter I and II of 
                        chapter 33 of this title'';
            (2) Title 10.--Title 10, United States Code, is amended in 
        sections 510(h), 2006, and by striking ``chapter 1606 of this 
        title'' each place it appears and inserting ``subchapter I of 
        chapter 33 of title 38''.
            (3) Elementary and secondary education act of 1965.--
        Section 2304(g) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6674(g)) is amended by striking ``chapter 30 
        of title 38 or chapter 1606 of title 10'' and inserting 
        ``chapter 30 or 33 of title 38''.
            (4) Conforming repeals.--Chapters 106, 1606, and 1607 of 
        title 10, United States Code, are repealed.
    (e) Effective Date.--The amendments made by this Act shall take 
effect on the date that is one year after the date of the enactment of 
this Act and shall apply with respect to payments of educational 
assistance made on or after that date.
                                 <all>