1.This Act may be cited as the
National Guard and Reserve Educational
Benefits Fairness Act of 2007
.
2.Educational assistance
under the Montgomery GI Bill for members of the National Guard and Reserve who
serve extended period of continuous active duty that include a prolonged period
of service in certain theaters of operation
(a)Basic
educational assistance for certain members of the National Guard and
Reserve
(1)Chapter 30 of title 38, United States Code, is amended by
inserting after section 3012 the following new section:
3012A.Basic
educational assistance entitlement for members of the National Guard and
Reserve for extended service on active duty that includes prolonged service in
certain theaters of operation
(a)An
individual—
(1)who as a Reserve
(including as a member of the National Guard)—
(A)on or after
September 11, 2001, serves a period of active duty of at least 20 months of
continuous active duty in the Armed Forces; and
(B)during the period
of active duty service described in subparagraph (A), serves a period of not
less than 12 months in a theater of operations designated by the Secretary of
Defense for purposes of this section;
(2)who completes the
requirements of a secondary school diploma (or equivalency certificate), or
successfully completes (or otherwise receives academic credit for) the
equivalent of 12 semester hours in a program of education leading to a standard
college degree, before applying for benefits under this section; and
(3)who, after
completion of the service described in paragraph (1)—
(A)is discharged
from service with an honorable discharge, is placed on the retired list, or is
transferred to the Standby Reserve after service as a Reserve (including
service as a member of the National Guard) characterized by the Secretary
concerned as honorable; or
(B)continues service
as a Reserve (including as a member of the National Guard);
is
entitled to basic educational assistance under this chapter.(b)(1)An individual described
by paragraph (1) of subsection (a) who seeks entitlement under this section to
basic educational assistance under this chapter shall notify the Secretary of
an election of entitlement to assistance under this chapter in such form and
manner as the Secretary and the Secretary of Defense shall jointly prescribe
for purposes of this section.
(2)A notice of election under paragraph
(1) shall be made at such time or times as the Secretary and the Secretary of
Defense shall jointly prescribe for purposes of this section.
(3)Notwithstanding a notice of election
under paragraph (1), an individual covered by that paragraph is not entitled to
basic educational assistance under this chapter unless and until the individual
satisfies the requirements of paragraphs (2) and (3) of subsection (a).
(c)(1)(A)In the case of an
individual making a notice of election under subsection (b) who is on active
duty in the Armed Forces at the time of such notice, the basic pay of such
individual shall be reduced by $100 for each month following the month of the
notice during which the individual remains on active duty in the Armed Forces
until the number of months of such reduction equals 12 months.
(B)If an individual covered by this
paragraph ceases to be on active duty in the Armed Forces before the number of
months of reduction in basic pay under subparagraph (A) equals 12 months, the
Secretary of Defense shall collect from the individual, before the individual
commences receipt of basic educational assistance under this chapter, an amount
equal to—
(i)$1,200; minus
(ii)the aggregate amount of the reduction
in basic pay of the individual under subparagraph (A).
(2)In the case of an individual making a
notice of election under subsection (b) who is not on active duty in the Armed
Forces at the time of such notice, the Secretary of Defense shall collect from
the individual, before the individual commences receipt of basic educational
assistance under this chapter, an amount equal to $1,200. The Secretary of
Defense may collect any portion of such amount through reductions in basic pay
in accordance with paragraph (1)(A) if the individual returns to active duty in
the Armed Forces after making the notice of election but before the collection
of such amount by the Secretary of Defense.
(3)(A)Any amount by which the
basic pay of an individual is reduced under this subsection shall revert to the
Treasury and shall not, for purposes of any Federal law, be considered to have
been received by or to be within the control of the individual.
(B)Any amount collected by the Secretary
of Defense under this subsection shall be deposited into the Treasury as
miscellaneous
receipts.
.
(2)The table of sections at the beginning of chapter 30 of
such title is amended by inserting after the item relating to section 3012 the
following new item:
3012A. Basic educational assistance
entitlement for members of the National Guard and Reserve for extended service
on active duty that includes prolonged service in certain theaters of
operation.
.
(b)Duration of
basic educational assistanceSection 3013 of such title is
amended—
(1)by redesignating
subsections (e) and (f) as subsections (f) and (g), respectively; and
(2)by inserting
after subsection (d) the following new subsection (e):
(e)Subject to
section 3695 of this title, each individual entitled to basic educational
assistance under section 3012A of this title is entitled to 36 months of
educational assistance benefits under this chapter (or the equivalent thereof
in part-time educational
assistance.
.
(c)
(1)Section 3015 of such title is amended by adding at the
end the following new subsection:
(i)The amount of
basic educational allowance payable under this chapter to an individual
entitled to an educational assistance allowance under section 3012A of this
title is the amount determined under subsection
(a).
.
(2)Section 3014(b)(2)(C) of such title is amended by
striking or (e)(1)
and inserting (e)(1), or
(i)(1)
.