[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4889 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4889

  To amend title 38, United States Code, to recodify as part of that 
          title chapter 1607 of title 10, United States Code.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2007

  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 chapter 1607 of title 10, United States Code.

    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 Guard and Reserves Are Fighting Too 
Act of 2008''.

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 SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER 
                               OPERATIONS

``3301. Purpose.
``3302. Educational assistance program.
``3303. Eligibility for educational assistance.
``3304. Time limit for use of entitlement.
``3305. Termination of assistance.
``3306. Administration of program.
``Sec. 3301. Purpose
    ``The purpose of this chapter 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. 3302. Educational assistance program
    ``(a) Program Establishment.--The Secretary of each military 
department, under regulations prescribed by the Secretary of Veterans 
Affairs, shall establish and maintain a program as prescribed in this 
chapter to provide educational assistance to members of the Ready 
Reserve of the Armed Forces under the jurisdiction of the Secretary 
concerned.
    ``(b) Authorized Education Programs.--Educational assistance may be 
provided under this chapter for pursuit of any program of education 
that is an approved program of education for purposes of chapter 30 of 
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 chapter who 
is pursuing a program of education authorized under subsection (b).
    ``(2) The educational assistance allowance provided under this 
chapter shall be based on the applicable percent under paragraph (4) to 
the applicable rate provided under section 3015 of 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 chapter is 36 (or the 
equivalent thereof in part-time educational assistance).
    ``(2)(A) Notwithstanding any other provision of this chapter or 
chapter 36 of 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 chapter; 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 chapter if the 
Secretary of Veterans Affairs finds that the individual--
            ``(i) had to discontinue such course pursuit as a result of 
        being ordered to serve on active duty under section 12301(a), 
        12301(d), 12301(g), 12302, or 12304 of 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.--(1) Subject to paragraph (3), the amount of educational 
assistance payable under this chapter 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 (c).
    ``(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 chapter.
    ``(f) 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 
chapter if--
            ``(1) such training is generally accepted as necessary for 
        the attainment of a recognized vocational objective in the 
        field of aviation;
            ``(2) the individual possesses a valid private pilot 
        certificate and meets, on the day the member begins a course of 
        flight training, the medical requirements necessary for a 
        commercial pilot certificate; and
            ``(3) the flight school courses meet Federal Aviation 
        Administration standards for such courses and are approved by 
        the Federal Aviation Administration and the State approving 
        agency.
``Sec. 3303. Eligibility for educational assistance
    ``(a) Eligibility.--On or after September 11, 2001, a member of a 
reserve component is entitled to educational assistance under this 
chapter if the member--
            ``(1) served on active duty in support of a contingency 
        operation for 90 consecutive days or more; or
            ``(2) in the case of a member of the Army National Guard of 
        the United States or Air National Guard of the United States, 
        performed full time National Guard duty under section 502(f) of 
        title 32 for 90 consecutive days or more when authorized by the 
        President or Secretary of Defense for the purpose of responding 
        to a national emergency declared by the President and supported 
        by Federal funds.
    ``(b) Disabled Members.--Notwithstanding the eligibility 
requirements in subsection (a), a member who was ordered to active 
service as prescribed under subsection (a)(1) or (a)(2) but is released 
from duty before completing 90 consecutive days because of an injury, 
illness or disease incurred or aggravated in the line of duty shall be 
entitled to educational assistance under this chapter at the rate 
prescribed in section 3302(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 chapter and stating clearly and 
prominently the substance of section 3305 of this title as such section 
may apply to the member.
    ``(2) At the request of the Secretary of Veterans Affairs, the 
Secretary of the military department concerned shall transmit a notice 
of entitlement for each such member to that Secretary.
    ``(d) Bar From Dual Eligibility.--A member who qualifies for 
educational assistance under this chapter may not receive credit for 
such service under both the program established by chapter 30 of this 
title and the program established by this chapter but shall make an 
irrevocable election (in such form and manner as the Secretary of 
Veterans Affairs may prescribe) as to the program to which such service 
is to be credited.
    ``(e) Bar From Duplication of Educational Assistance Allowance.--
(1) Except as provided in paragraph (2), an individual entitled to 
educational assistance under this chapter who is also eligible for 
educational assistance under 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 16131(i) of title 10.
``Sec. 3304. 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 
chapter 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 chapter, such person's 
entitlement to educational assistance expires at the end of the 10-year 
period beginning on the date on which such person became entitled to 
such assistance.
    ``(2) The provisions of subsections (d) and (f) of section 3031 of 
this title shall apply to the period of entitlement prescribed by 
paragraph (1).
``Sec. 3305. Termination of assistance
    ``(a) In General.--Except as provided in subsection (b), 
educational assistance may not be provided under this chapter, or if 
being provided under this chapter, shall be terminated--
            ``(1) if the member is receiving financial assistance under 
        section 2107 of 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 3304(a)(1) or section 3304(a)(2), as 
        applicable, of this title.
    ``(b) Exception.--Under regulations prescribed by the Secretary of 
Defense, educational assistance may be provided under this chapter 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. 3306. Administration of program
    ``(a) Payments.--Payments for educational assistance under this 
chapter shall be made from funds appropriated or otherwise made 
available to the Department of Veterans Affairs for fiscal year 2010 or 
any subsequent fiscal year for the payment of readjustment benefits.
    ``(b) Program Management.--Except as otherwise provided in this 
chapter, 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) and 
3687) shall be applicable to the provision of educational assistance 
under this chapter. The term `eligible veteran' and the term `person', 
as used in those provisions, shall be deemed for the purpose of the 
application of those provisions to this chapter to refer to a person 
eligible for educational assistance under this chapter.''.
    (b) Transfer of Amounts for Benefits Accrued Before October 1, 
2009.--
            (1) Fiscal year 2010.--By not later than October 1, 2009, 
        the Secretary of Defense shall transfer to the Secretary of 
        Veterans Affairs from the funds in the Department of Defense 
        Education Benefits Fund under section 2006 of title 10, United 
        States Code, that are attributable to armed forces education 
        liabilities under chapter 1607 of such title that accrue before 
        such date, such funds as may be required by the Secretary of 
        Veterans Affairs to make payments with respect to such 
        liabilities during fiscal year 2010. Such amounts shall be 
        deposited into the education account of the Readjustment 
        Benefits Account of the Department of Veterans Affairs and 
        shall be available to the Secretary of Veterans Affairs to make 
        payments of educational assistance under chapter 33 of title 
        38, United States Code, as added by subsection (a).
            (2) Agreement for subsequent fiscal years.--By not later 
        than October 1, 2009, the Secretary of Defense and the 
        Secretary of Veterans Affairs shall enter into an agreement 
        under which the Secretary of Defense shall transfer to the 
        Secretary of Veterans Affairs all remaining funds in the 
        Department of Defense Education Benefits Fund under section 
        2006 of title 10, United States Code, that are attributable to 
        armed forces liabilities under chapter 1607 of such title that 
        accrue before such date. Such amounts shall be deposited into 
        the education account of the Readjustment Benefits Account of 
        the Department of Veterans Affairs and shall be available to 
        the Secretary of Veterans Affairs to make payments of 
        educational assistance under chapter 33 of title 38, United 
        States Code, as added by subsection (a).
            (3) Report.--By not later than October 1, 2009, the 
        Secretary of Defense shall submit to the congressional defense 
        committees, the Committee on Veterans Affairs of the Senate, 
        and the Committee on Veterans Affairs of the House of 
        Representatives a detailed report on the agreement between the 
        Secretary of Defense and the Secretary of Veterans Affairs and 
        the status of the transfer of funds described in paragraph (2). 
        Such report shall include the date on which the Secretary of 
        Defense has agreed to complete such transfer.
    (c) 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 Supporting 
                            Contingency Operations and 
                            Certain Other Operations.
    (d) Technical and Conforming Amendments.--
            (1) Conforming amendments on bar on dual eligibility for 
        benefits.--
                    (A) Section 3033 of title 38, United States Code, 
                is amended--
                            (i) in subsection (a)(1), by striking 
                        ``chapter 31, 32, or 35 of this title, under 
                        chapter 106 or 107 of title 10'' and inserting 
                        ``under chapter 31, 32, 33, or 35 of this 
                        title, under chapter 107 or 1606 of title 10''; 
                        and
                            (ii) in subsection (c), by striking 
                        ``chapter 106 of title 10'' and inserting 
                        ``chapter 1606 of title 10''.
                    (B) Section 3221(f) of such title is amended by 
                striking ``chapter 106 of title 10'' and inserting 
                ``chapter 1606 of title 10''.
                    (C) Section 3681 of such title is amended--
                            (i) 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 or chapter 107 or 1606 of title 10''; and
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by inserting 
                                after ``32,'' the following: ``33,''; 
                                and
                                    (II) in paragraph (2), by striking 
                                ``Chapters 106 and 107'' and inserting 
                                ``Chapters 107 and 1606''.
            (2) Conforming amendments relating to department of defense 
        education benefits fund.--
                    (A) 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 chapter 30 
        and of title 38 and for Department of Defense benefits under 
        paragraphs (3) and (4) of section 510(e) and chapter 1606 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.''.
                    (B) 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 educational assistance under chapter 
                1606 of this title to persons who during such period 
                become entitled to such assistance.''.
            (3) Additional technical and conforming amendments.--
                    (A) Title 38, united states code.--
                            (i) Section 3485 of title 38, United States 
                        Code, is amended--
                                    (I) in subsection (a)(4)(E), by 
                                striking ``or 1607'';
                                    (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 or chapter 
                                1606 of title 10,''; and
                                    (III) in subsection (e)(1)--
                                            (aa) 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 
                                        or chapter 1606 of title 10''; 
                                        and
                                            (bb) by striking ``section 
                                        2135'' and inserting ``section 
                                        16135''.
                            (ii) Section 3672(c) of such title is 
                        amended--
                                    (I) in paragraph (3)(A), by 
                                striking ``chapters 30 and 35 of this 
                                title'' and inserting ``chapters 30, 
                                33, and 35 of this title''; and
                                    (II) in paragraph (4), by striking 
                                ``chapter 30 or 35 of this title'' and 
                                inserting ``chapter 30, 33, or 35 of 
                                this title''.
                            (iii) Section 3674 of such title is 
                        amended--
                                    (I) in subsection (a)(1), by 
                                striking ``chapter 106'' and inserting 
                                ``chapter 1606''; and
                                    (II) in subsection (c), by 
                                inserting ``33,'' after ``32,''.
                            (iv) Section 3680A(d)(1) of such title is 
                        amended--
                                    (I) by striking ``chapter 106'' 
                                each place it appears and inserting 
                                ``chapter 1606''; and
                                    (II) by inserting ``, 33'' after 
                                ``32''.
                            (v) Section 3684A(a)(1) of such title is 
                        amended by striking ``chapter 30 or 32 of this 
                        title or in chapter 106'' and inserting 
                        ``chapter 30, 32, or 33 of this title or in 
                        chapter 1606''.
                            (vi) Section 3688(b) of such title is 
                        amended by striking ``, chapter 30, 32, or 35 
                        of this title, or chapter 106'' and inserting 
                        ``or chapter 30, 32, 33, or 35 of this title, 
                        or chapter 1606''.
                            (vii) Section 3689 of such title is amended 
                        by inserting ``33,'' after ``32,'' each place 
                        it appears.
                            (viii) Section 3692 of such title is 
                        amended--
                                    (I) in subsection (a), by striking 
                                ``or 35 of this title'' and inserting 
                                ``33, or 35 of this title''; and
                                    (II) in subsection (b), by striking 
                                ``, chapters 30, 32, and 35 of this 
                                title'' and inserting ``and chapters 
                                30, 32, 33, and 35 of this title''.
                            (ix) Section 3695(a) of such title is 
                        amended--
                                    (I) by striking paragraph (4) and 
                                inserting the following new paragraph 
                                (4):
            ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''; 
        and
                                    (II) in paragraph (5), by striking 
                                ``1607,''.
                            (x) Section 3697(a) of such title is 
                        amended by striking ``chapter 30, 32, 34, or 35 
                        of this title, or chapter 106'' and inserting 
                        ``chapter 30, 32, 33, 34, or 35 of this title 
                        or chapter 1606''.
                            (xi) Section 3697A(b)(1) of such title is 
                        amended by striking ``or 32 of this title or 
                        chapter 106 or 107'' and inserting ``32, or 33 
                        of this title or chapter 107 or 1606''.
                    (B) Title 10, united states code.--Section 
                510(h)(1) of title 10, United States Code, is amended--
                            (i) in subparagraph (A), by inserting ``or 
                        chapter 33'' after ``chapter 30''; and
                            (ii) in subparagraph (B), by striking 
                        ``either such chapter'' each place it appears 
                        and inserting ``any such chapter'';
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2009.
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