109 HR 6250 IH: To amend title 38, United States Code, to recodify as
U.S. House of Representatives
2006-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Montgomery G.I. Bill
improvement
(a)Recodification
of reserve component education benefits in title 38Title 38,
United States Code, is amended by inserting after chapter 32 the following new
chapter:
33Reserve Component
Educational Assistance Program
Chapter 33—Reserve Component Educational Assistance
Program
Subchapter I—Members of the Selected Reserve
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.
Sec. 3308. Biennial report to Congress.
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.
IMembers of the
Selected Reserve
3301.Educational
assistance program: establishment; amount
(a)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)(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)(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 degreeA 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.
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)Completion of
active duty for trainingEducational 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, the Secretary of Defense shall transmit a notice of
entitlement for each such person to that Secretary.
(d)Limitation on
eligibilityA 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.
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 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.
3304.Termination of
assistanceEducational
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.
3305.Failure to
participate satisfactorily; penalties
(a)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)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.
3306.Administration
of program
(a)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)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.
3307.
(a)(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)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.
3308.Biennial
report to CongressThe
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.
IIReserve Component
Members Supporting Contingency Operations and Certain Other Operations
3331.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.
3332.Educational
assistance program
(a)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 ProgramsEducational 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)(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 TestsThe 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.
3333.Eligibility
for educational assistance
(a)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)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)(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
EligibilityA 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.
3334.Time
limitation for use of entitlement
(a)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).
3335.Termination of
assistance
(a)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)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.
3336.Administration
of program
(a)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)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)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)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)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)
(1)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)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)
(1)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, 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 1965Section 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)Chapters 106, 1606, and 1607 of title 10, United States
Code, are repealed.
(e)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.