110 HR 4889 IH: The Guard and Reserves Are Fighting Too Act of
U.S. House of Representatives
2007-12-19
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.This Act may be cited as The Guard and Reserves Are Fighting Too Act of
2008
.
2.Recodification in
title 38, United States Code, of certain
educational assistance programs for members of the Reserve components
(a)Part III of title 38, United States Code, is amended by
inserting after chapter 32 the following new chapter:
33EDUCATIONAL
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.
3301.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.
3302.Educational
assistance program
(a)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 ProgramsEducational 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)(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)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.
3303.Eligibility for
educational assistance
(a)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)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)(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
EligibilityA 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.
3304.Time limit for
use of entitlement
(a)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).
3305.Termination of
assistance
(a)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)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.
3306.Administration
of program
(a)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)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)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 yearsBy 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)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)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 Components
Supporting Contingency Operations and Certain Other
Operations 3301
.
(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 liabilitiesParagraph (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 costParagraph (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 codeSection
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)This section and the amendments made by this section shall
take effect on October 1, 2009.