I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘The Guard and Reserves 

5 Are Fighting Too Act of 2008’’. 


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1 SEC. 2. RECODIFICATION IN TITLE 38, UNITED STATES 

2 CODE, OF CERTAIN EDUCATIONAL ASSIST3 ANCE PROGRAMS FOR MEMBERS OF THE RE4 SERVE COMPONENTS. 

5 (a) IN GENERAL.—Part III of title 38, United States 

6 Code, is amended by inserting after chapter 32 the fol7 lowing new chapter: 

8 ‘‘CHAPTER 33—EDUCATIONAL ASSIST9 ANCE FOR MEMBERS OF THE RE10 SERVE COMPONENTS SUPPORTING 

11 CONTINGENCY OPERATIONS AND CER12 TAIN 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. 

13 ‘‘§ 3301. Purpose 

14 ‘‘The purpose of this chapter is to provide educational 

15 assistance to members of the reserve components called 

16 or ordered to active service in response to a war or na17 tional emergency declared by the President or Congress, 

18 in recognition of the sacrifices that those members make 

19 in answering the call to duty. 

20 ‘‘§ 3302. Educational assistance program 

21 ‘‘(a) PROGRAM ESTABLISHMENT.—The Secretary of 

22 each military department, under regulations prescribed by 


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1 the Secretary of Veterans Affairs, shall establish and 

2 maintain a program as prescribed in this chapter to pro3 vide educational assistance to members of the Ready Re4 serve of the Armed Forces under the jurisdiction of the 

5 Secretary concerned. 

6 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu7 cational assistance may be provided under this chapter for 

8 pursuit of any program of education that is an approved 

9 program of education for purposes of chapter 30 of this 

10 title. 

11 ‘‘(c) BENEFIT AMOUNT.—(1) The educational assist12 ance program established under subsection (a) shall pro13 vide for payment by the Secretary of Veterans Affairs of 

14 an educational assistance allowance to each member enti15 tled to educational assistance under this chapter who is 

16 pursuing a program of education authorized under sub17 section (b). 

18 ‘‘(2) The educational assistance allowance provided 

19 under this chapter shall be based on the applicable percent 

20 under paragraph (4) to the applicable rate provided under 

21 section 3015 of this title for a member whose entitlement 

22 is based on completion of an obligated period of active 

23 duty of three years. 

24 ‘‘(3) The educational assistance allowance provided 

25 under this section for a person who is undertaking a proVerDate Aug 31 2005 05:06 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4889.IH H4889

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1 gram for which a reduced rate is specified in chapter 30 

2 of this title, that rate shall be further adjusted by the ap3 plicable percent specified in paragraph (4). 

4 ‘‘(4) The adjusted educational assistance allowance 

5 under paragraph (2) or (3), as applicable, shall be— 

6 ‘‘(A) 40 percent in the case of a member of a 

7 reserve component who performed active service for 

8 90 consecutive days but less than one continuous 

9 year; 

10 ‘‘(B) 60 percent in the case of a member of a 

11 reserve component who performed active service for 

12 one continuous year but less than two continuous 

13 years; or 

14 ‘‘(C) 80 percent in the case of a member of a 

15 reserve component who performed active service for 

16 two continuous years or more. 

17 ‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Sub18 ject to section 3695 of this title, the maximum number 

19 of months of educational assistance that may be provided 

20 to any member under this chapter is 36 (or the equivalent 

21 thereof in part-time educational assistance). 

22 ‘‘(2)(A) Notwithstanding any other provision of this 

23 chapter or chapter 36 of this title, any payment of an edu24 cational assistance allowance described in subparagraph 

25 (B) shall not— 


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1 ‘‘(i) be charged against the entitlement of any 

2 individual under this chapter; or 

3 ‘‘(ii) be counted toward the aggregate period for 

4 which section 3695 of this title limits an individual’s 

5 receipt of assistance. 

6 ‘‘(B) The payment of the educational assistance al7 lowance referred to in subparagraph (A) is the payment 

8 of such an allowance to the individual for pursuit of a 

9 course or courses under this chapter if the Secretary of 

10 Veterans Affairs finds that the individual— 

11 ‘‘(i) had to discontinue such course pursuit as 

12 a result of being ordered to serve on active duty 

13 under section 12301(a), 12301(d), 12301(g), 12302, 

14 or 12304 of title 10; and 

15 ‘‘(ii) failed to receive credit or training time to16 ward completion of the individual’s approved edu17 cational, professional, or vocational objective as a re18 sult of having to discontinue, as described in clause 

19 (i), the individual’s course pursuit. 

20 ‘‘(C) The period for which, by reason of this sub21 section, an educational assistance allowance is not charged 

22 against entitlement or counted toward the applicable ag23 gregate period under section 3695 of this title shall not 

24 exceed the portion of the period of enrollment in the 

25 course or courses for which the individual failed to receive 


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1 credit or with respect to which the individual lost training 

2 time, as determined under subparagraph (B)(ii). 

3 ‘‘(e) AVAILABILITY OF ASSISTANCE FOR LICENSING

4 AND CERTIFICATION TESTS.—(1) Subject to paragraph 

5 (3), the amount of educational assistance payable under 

6 this chapter for a licensing or certification test described 

7 in section 3452(b) of this title is the lesser of $2,000 or 

8 the fee charged for the test. 

9 ‘‘(2) The number of months of entitlement charged 

10 in the case of any individual for such licensing or certifi11 cation test is equal to the number (including any fraction) 

12 determined by dividing the total amount of educational as13 sistance paid such individual for such test by the full-time 

14 monthly institutional rate of educational assistance which, 

15 but for paragraph (1), such individual would otherwise be 

16 paid under subsection (c). 

17 ‘‘(3) In no event shall payment of educational assist18 ance under this subsection for such a test exceed the 

19 amount of the individual’s available entitlement under this 

20 chapter. 

21 ‘‘(f) FLIGHT TRAINING.—The Secretary of Veterans 

22 Affairs may approve the pursuit of flight training (in addi23 tion to a course of flight training that may be approved 

24 under section 3680A(b) of this title) by an individual enti25 tled to educational assistance under this chapter if— 


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1 ‘‘(1) such training is generally accepted as nec2 essary for the attainment of a recognized vocational 

3 objective in the field of aviation; 

4 ‘‘(2) the individual possesses a valid private 

5 pilot certificate and meets, on the day the member 

6 begins a course of flight training, the medical re7 quirements necessary for a commercial pilot certifi8 cate; and 

9 ‘‘(3) the flight school courses meet Federal 

10 Aviation Administration standards for such courses 

11 and are approved by the Federal Aviation Adminis12 tration and the State approving agency. 

13 ‘‘§ 3303. Eligibility for educational assistance 

14 ‘‘(a) ELIGIBILITY.—On or after September 11, 2001, 

15 a member of a reserve component is entitled to educational 

16 assistance under this chapter if the member— 

17 ‘‘(1) served on active duty in support of a con18 tingency operation for 90 consecutive days or more; 

19 or 

20 ‘‘(2) in the case of a member of the Army Na21 tional Guard of the United States or Air National 

22 Guard of the United States, performed full time Na23 tional Guard duty under section 502(f) of title 32 

24 for 90 consecutive days or more when authorized by 

25 the President or Secretary of Defense for the purVerDate Aug 31 2005 05:06 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4889.IH H4889

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1 pose of responding to a national emergency declared 

2 by the President and supported by Federal funds. 

3 ‘‘(b) DISABLED MEMBERS.—Notwithstanding the eli4 gibility requirements in subsection (a), a member who was 

5 ordered to active service as prescribed under subsection 

6 (a)(1) or (a)(2) but is released from duty before com7 pleting 90 consecutive days because of an injury, illness 

8 or disease incurred or aggravated in the line of duty shall 

9 be entitled to educational assistance under this chapter at 

10 the rate prescribed in section 3302(c)(4)(A) of this title. 

11 ‘‘(c) WRITTEN NOTIFICATION.—(1) Each member 

12 who becomes entitled to educational assistance under sub13 section (a) shall be given a statement in writing prior to 

14 release from active service that summarizes the provisions 

15 of this chapter and stating clearly and prominently the 

16 substance of section 3305 of this title as such section may 

17 apply to the member. 

18 ‘‘(2) At the request of the Secretary of Veterans Af19 fairs, the Secretary of the military department concerned 

20 shall transmit a notice of entitlement for each such mem21 ber to that Secretary. 

22 ‘‘(d) BAR FROM DUAL ELIGIBILITY.—A member who 

23 qualifies for educational assistance under this chapter may 

24 not receive credit for such service under both the program 

25 established by chapter 30 of this title and the program 


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1 established by this chapter but shall make an irrevocable 

2 election (in such form and manner as the Secretary of Vet3 erans Affairs may prescribe) as to the program to which 

4 such service is to be credited. 

5 ‘‘(e) BAR FROM DUPLICATION OF EDUCATIONAL AS6 SISTANCE ALLOWANCE.—(1) Except as provided in para7 graph (2), an individual entitled to educational assistance 

8 under this chapter who is also eligible for educational as9 sistance under subchapter I of this chapter, chapter 30, 

10 31, 32, or 35 of this title, or under the Hostage Relief 

11 Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) 

12 may not receive assistance under more than one such pro13 grams and shall elect (in such form and manner as the 

14 Secretary of Veterans Affairs may prescribe) under which 

15 program the member elects to receive educational assist16 ance. 

17 ‘‘(2) The restriction on duplication of educational as18 sistance under paragraph (1) does not apply to the entitle19 ment of educational assistance under section 16131(i) of 

20 title 10. 

21 ‘‘§ 3304. Time limit for use of entitlement 

22 ‘‘(a) DURATION OF ENTITLEMENT.—Except as pro23 vided in subsection (b), a member remains entitled to edu24 cational assistance under this chapter while serving— 


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1 ‘‘(1) in the Selected Reserve of the Ready Re2 serve, in the case of a member called or ordered to 

3 active service while serving in the Selected Reserve; 

4 or 

5 ‘‘(2) in the Ready Reserve, in the case of a 

6 member ordered to active duty while serving in the 

7 Ready Reserve (other than the Selected Reserve). 

8 ‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED

9 MEMBERS.—(1) In the case of a person who is separated 

10 from the Ready Reserve because of a disability which was 

11 not the result of the individual’s own willful misconduct 

12 incurred on or after the date on which such person became 

13 entitled to educational assistance under this chapter, such 

14 person’s entitlement to educational assistance expires at 

15 the end of the 10-year period beginning on the date on 

16 which such person became entitled to such assistance. 

17 ‘‘(2) The provisions of subsections (d) and (f) of sec18 tion 3031 of this title shall apply to the period of entitle19 ment prescribed by paragraph (1). 

20 ‘‘§ 3305. Termination of assistance 

21 ‘‘(a) IN GENERAL.—Except as provided in subsection 

22 (b), educational assistance may not be provided under this 

23 chapter, or if being provided under this chapter, shall be 

24 terminated— 


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1 ‘‘(1) if the member is receiving financial assist2 ance under section 2107 of title 10 as a member of 

3 the Senior Reserve Officers’ Training Corps pro4 gram; or 

5 ‘‘(2) when the member separates from the 

6 Ready Reserve, as provided for under section 

7 3304(a)(1) or section 3304(a)(2), as applicable, of 

8 this title. 

9 ‘‘(b) EXCEPTION.—Under regulations prescribed by 

10 the Secretary of Defense, educational assistance may be 

11 provided under this chapter to a member of the Selected 

12 Reserve of the Ready Reserve who incurs a break in serv13 ice in the Selected Reserve of not more than 90 days if 

14 the member continues to serve in the Ready Reserve dur15 ing and after such break in service. 

16 ‘‘§ 3306. Administration of program 

17 ‘‘(a) PAYMENTS.—Payments for educational assist18 ance under this chapter shall be made from funds appro19 priated or otherwise made available to the Department of 

20 Veterans Affairs for fiscal year 2010 or any subsequent 

21 fiscal year for the payment of readjustment benefits. 

22 ‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise 

23 provided in this chapter, the provisions of sections 3470, 

24 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title 

25 and the provisions of subchapters I and II of chapter 36 


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1 of this title (with the exception of sections 3686(a) and 

2 3687) shall be applicable to the provision of educational 

3 assistance under this chapter. The term ‘eligible veteran’ 

4 and the term ‘person’, as used in those provisions, shall 

5 be deemed for the purpose of the application of those pro6 visions to this chapter to refer to a person eligible for edu7 cational assistance under this chapter.’’. 

8 (b) TRANSFER OF AMOUNTS FOR BENEFITS AC9 CRUED BEFORE OCTOBER 1, 2009.— 

10 (1) FISCAL YEAR 2010.—By not later than Oc11 tober 1, 2009, the Secretary of Defense shall trans12 fer to the Secretary of Veterans Affairs from the 

13 funds in the Department of Defense Education Ben14 efits Fund under section 2006 of title 10, United 

15 States Code, that are attributable to armed forces 

16 education liabilities under chapter 1607 of such title 

17 that accrue before such date, such funds as may be 

18 required by the Secretary of Veterans Affairs to 

19 make payments with respect to such liabilities dur20 ing fiscal year 2010. Such amounts shall be depos21 ited into the education account of the Readjustment 

22 Benefits Account of the Department of Veterans Af23 fairs and shall be available to the Secretary of Vet24 erans Affairs to make payments of educational asVerDate Aug 31 2005 05:06 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4889.IH H4889

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1 sistance under chapter 33 of title 38, United States 

2 Code, as added by subsection (a). 

3 (2) AGREEMENT FOR SUBSEQUENT FISCAL

4 YEARS.—By not later than October 1, 2009, the 

5 Secretary of Defense and the Secretary of Veterans 

6 Affairs shall enter into an agreement under which 

7 the Secretary of Defense shall transfer to the Sec8 retary of Veterans Affairs all remaining funds in the 

9 Department of Defense Education Benefits Fund 

10 under section 2006 of title 10, United States Code, 

11 that are attributable to armed forces liabilities under 

12 chapter 1607 of such title that accrue before such 

13 date. Such amounts shall be deposited into the edu14 cation account of the Readjustment Benefits Ac15 count of the Department of Veterans Affairs and 

16 shall be available to the Secretary of Veterans Af17 fairs to make payments of educational assistance 

18 under chapter 33 of title 38, United States Code, as 

19 added by subsection (a). 

20 (3) REPORT.—By not later than October 1, 

21 2009, the Secretary of Defense shall submit to the 

22 congressional defense committees, the Committee on 

23 Veterans Affairs of the Senate, and the Committee 

24 on Veterans Affairs of the House of Representatives 

25 a detailed report on the agreement between the SecVerDate Aug 31 2005 05:06 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4889.IH H4889

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1 retary of Defense and the Secretary of Veterans Af2 fairs and the status of the transfer of funds de3 scribed in paragraph (2). Such report shall include 

4 the date on which the Secretary of Defense has 

5 agreed to complete such transfer. 

6 (c) CLERICAL AMENDMENTS.—The tables of chap7 ters at the beginning of title 38, United States Code, and 

8 at the beginning of part III of such title, are each amend9 ed by inserting after the item relating to chapter 32 the 

10 following new item: 

‘‘33. Educational Assistance for Members of the Reserve 

Components Supporting Contingency Operations and Certain Other Operations ........ 3301’’. 

11 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) CONFORMING AMENDMENTS ON BAR ON

13 DUAL ELIGIBILITY FOR BENEFITS.— 

14 (A) Section 3033 of title 38, United States 

15 Code, is amended— 

16 (i) in subsection (a)(1), by striking 

17 ‘‘chapter 31, 32, or 35 of this title, under 

18 chapter 106 or 107 of title 10’’ and insert19 ing ‘‘under chapter 31, 32, 33, or 35 of 

20 this title, under chapter 107 or 1606 of 

21 title 10’’; and 

22 (ii) in subsection (c), by striking 

23 ‘‘chapter 106 of title 10’’ and inserting 

24 ‘‘chapter 1606 of title 10’’. 


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1 (B) Section 3221(f) of such title is amend2 ed by striking ‘‘chapter 106 of title 10’’ and in3 serting ‘‘chapter 1606 of title 10’’. 

4 (C) Section 3681 of such title is amend5 ed— 

6 (i) in subsection (a), by striking ‘‘34, 

7 35, or 36 of this title or 106 or 107 of title 

8 10,’’ and inserting ‘‘33, 34, 35, or 36 of 

9 this title or chapter 107 or 1606 of title 

10 10’’; and 

11 (ii) in subsection (b)— 

12 (I) in paragraph (1), by inserting 

13 after ‘‘32,’’ the following: ‘‘33,’’; and 

14 (II) in paragraph (2), by striking 

15 ‘‘Chapters 106 and 107’’ and insert16 ing ‘‘Chapters 107 and 1606’’. 

17 (2) CONFORMING AMENDMENTS RELATING TO

18 DEPARTMENT OF DEFENSE EDUCATION BENEFITS

19 FUND.— 

20 (A) DEFINITION OF ARMED FORCES EDU21 CATION LIABILITIES.—Paragraph (1) of section 

22 2006(b) of title 10, United States Code, is 

23 amended to read as follows: 

24 ‘‘(1) The term ‘armed forces education liabil25 ities’ means liabilities of the armed forces for beneVerDate Aug 31 2005 05:06 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4889.IH H4889

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1 fits under chapter 30 and of title 38 and for Depart2 ment of Defense benefits under paragraphs (3) and 

3 (4) of section 510(e) and chapter 1606 of this title, 

4 including funds provided by the Secretary of Home5 land Security for education liabilities for the Coast 

6 Guard when it is not operating as a service in the 

7 Department of the Navy.’’. 

8 (B) DEFINITION OF NORMAL COST.—Para9 graph (2) of such section is amended by strik10 ing subparagraph (C) and inserting the fol11 lowing new subparagraph: 

12 ‘‘(C) The present value of the future De13 partment of Defense benefits payable from the 

14 Fund (including funds from the Department in 

15 which the Coast Guard is operating) for edu16 cational assistance under chapter 1606 of this 

17 title to persons who during such period become 

18 entitled to such assistance.’’. 

19 (3) ADDITIONAL TECHNICAL AND CONFORMING

20 AMENDMENTS.— 

21 (A) TITLE 38, UNITED STATES CODE.— 

22 (i) Section 3485 of title 38, United 

23 States Code, is amended— 

24 (I) in subsection (a)(4)(E), by 

25 striking ‘‘or 1607’’; 


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1 (II) in subsection (b), by striking 

2 ‘‘chapter 30, 31, 32, or 34 of this title 

3 or chapter 1606 or 1607 of title 10,’’ 

4 and inserting ‘‘chapter 30, 31, 32, 33, 

5 or 34 of this title or chapter 1606 of 

6 title 10,’’; and 

7 (III) in subsection (e)(1)— 

8 (aa) by striking ‘‘, chapter 

9 30, 31, 32, 35, or 36 of this title, 

10 or chapter 1606 or 1607 of title 

11 10’’ and inserting ‘‘or chapter 

12 30, 31, 32, 33, 35, or 36 of this 

13 title or chapter 1606 of title 10’’; 

14 and 

15 (bb) by striking ‘‘section 

16 2135’’ and inserting ‘‘section 

17 16135’’. 

18 (ii) Section 3672(c) of such title is 

19 amended— 

20 (I) in paragraph (3)(A), by strik21 ing ‘‘chapters 30 and 35 of this title’’ 

22 and inserting ‘‘chapters 30, 33, and 

23 35 of this title’’; and 

24 (II) in paragraph (4), by striking 

25 ‘‘chapter 30 or 35 of this title’’ and 


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1 inserting ‘‘chapter 30, 33, or 35 of 

2 this title’’. 

3 (iii) Section 3674 of such title is 

4 amended— 

5 (I) in subsection (a)(1), by strik6 ing ‘‘chapter 106’’ and inserting 

7 ‘‘chapter 1606’’; and 

8 (II) in subsection (c), by insert9 ing ‘‘33,’’ after ‘‘32,’’. 

10 (iv) Section 3680A(d)(1) of such title 

11 is amended— 

12 (I) by striking ‘‘chapter 106’’ 

13 each place it appears and inserting 

14 ‘‘chapter 1606’’; and 

15 (II) by inserting ‘‘, 33’’ after 

16 ‘‘32’’. 

17 (v) Section 3684A(a)(1) of such title 

18 is amended by striking ‘‘chapter 30 or 32 

19 of this title or in chapter 106’’ and insert20 ing ‘‘chapter 30, 32, or 33 of this title or 

21 in chapter 1606’’. 

22 (vi) Section 3688(b) of such title is 

23 amended by striking ‘‘, chapter 30, 32, or 

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1 serting ‘‘or chapter 30, 32, 33, or 35 of 

2 this title, or chapter 1606’’. 

3 (vii) Section 3689 of such title is 

4 amended by inserting ‘‘33,’’ after ‘‘32,’’ 

5 each place it appears. 

6 (viii) Section 3692 of such title is 

7 amended— 

8 (I) in subsection (a), by striking 

9 ‘‘or 35 of this title’’ and inserting 

10 ‘‘33, or 35 of this title’’; and 

11 (II) in subsection (b), by striking 

12 ‘‘, chapters 30, 32, and 35 of this 

13 title’’ and inserting ‘‘and chapters 30, 

14 32, 33, and 35 of this title’’. 

15 (ix) Section 3695(a) of such title is 

16 amended— 

17 (I) by striking paragraph (4) and 

18 inserting the following new paragraph 

19 (4): 

20 ‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of 

21 this title.’’; and 

22 (II) in paragraph (5), by striking 

23 ‘‘1607,’’. 

24 (x) Section 3697(a) of such title is 

25 amended by striking ‘‘chapter 30, 32, 34, 


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1 or 35 of this title, or chapter 106’’ and in2 serting ‘‘chapter 30, 32, 33, 34, or 35 of 

3 this title or chapter 1606’’. 

4 (xi) Section 3697A(b)(1) of such title 

5 is amended by striking ‘‘or 32 of this title 

6 or chapter 106 or 107’’ and inserting ‘‘32, 

7 or 33 of this title or chapter 107 or 1606’’. 

8 (B) TITLE 10, UNITED STATES CODE.— 

9 Section 510(h)(1) of title 10, United States 

10 Code, is amended— 

11 (i) in subparagraph (A), by inserting 

12 ‘‘or chapter 33’’ after ‘‘chapter 30’’; and 

13 (ii) in subparagraph (B), by striking 

14 ‘‘either such chapter’’ each place it appears 

15 and inserting ‘‘any such chapter’’; 

16 (e) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on October 

18 1, 2009. 

Æ 


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