II 

110TH CONGRESS 

1ST SESSION S. 644 

To amend title 38, United States Code, to recodify as part of that title 

certain educational assistance programs for members of the reserve components of the Armed Forces, to improve such programs, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mrs. LINCOLN (for herself, Ms. COLLINS, Mr. DORGAN, Ms. SNOWE, Mr. 

COLEMAN, and Mr. LEAHY) introduced the following bill; which was read 

twice and referred to the Committee on Armed Services 

A BILL 

To amend title 38, United States Code, to recodify as part 

of that title certain educational assistance programs for 

members of the reserve components of the Armed Forces, 

to improve such programs, and for other purposes. 

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 ‘‘Total Force Edu5 cational Assistance Enhancement and Integration Act of 

6 2007’’. 


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

2 CODE, AND IMPROVEMENT OF CERTAIN EDU3 CATIONAL ASSISTANCE PROGRAMS FOR 

4 MEMBERS OF THE RESERVE COMPONENTS. 

5 (a) PURPOSE.—The purpose of this section is to re6 codify in title 38, United States Code, the provisions of 

7 chapters 1606 and 1607 of title 10, United States Code, 

8 relating to educational assistance for members of the re9 serve components of the Armed Forces, and to make cer10 tain improvements in such provisions as so recodified. 

11 (b) RECODIFICATION AND IMPROVEMENT OF EDU12 CATIONAL ASSISTANCE PROGRAMS.— 

13 (1) IN GENERAL.—Part III of title 38, United 

14 States Code, is amended by inserting after chapter 

15 32 the following new chapter: 

16 ‘‘CHAPTER 33—EDUCATIONAL ASSIST17 ANCE FOR MEMBERS OF THE RE18 SERVE COMPONENTS 

‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED RESERVE

‘‘Sec. 

‘‘3301. Educational assistance program: purpose. 

‘‘3302. Eligibility. 

‘‘3302A. Eligibility of individuals entitled to educational assistance under former 

chapter 1606 of title 10. 

‘‘3303. Amount. 

‘‘3304. Termination of assistance. 

‘‘3305. Failure to participate satisfactorily; penalties. 

‘‘3306. Reports to Congress. 

‘‘SUBCHAPTER II—RESERVE COMPONENT MEMBERS SUPPORTING

CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS

‘‘3321. Purpose. 

‘‘3322. Educational assistance program. 


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‘‘3323. Eligibility. 

‘‘3323A. Eligibility of individuals entitled to educational assistance under former 

chapter 1607 of title 10. 

‘‘3324. Amount. 

‘‘3325. Time limitation for use of entitlement. 

‘‘3326. Termination of assistance. 

‘‘SUBCHAPTER III—ADMINISTRATIVE MATTERS

‘‘3341. Administration of programs. 

‘‘3342. Funding. 

1 ‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED 

2 RESERVE 

3 ‘‘§ 3301. Educational assistance program: purpose 

4 ‘‘To encourage membership in units of the Selected 

5 Reserve of the Ready Reserve, the Secretary of Veterans 

6 Affairs, in consultation with the Secretary of Defense and 

7 the Secretary of Homeland Security, with respect to the 

8 Coast Guard when it is not operating as a service in the 

9 Navy, shall carry out under this subchapter a program 

10 to provide educational assistance to members of the Se11 lected Reserve of the Ready Reserve of the Armed Forces 

12 who agree to remain members of the Selected Reserve for 

13 a period of not less than six years. 

14 ‘‘§ 3302. Eligibility 

15 ‘‘(a) IN GENERAL.—A person is entitled to edu16 cational assistance under the program of educational as17 sistance under this subchapter if the person— 

18 ‘‘(1) after October 1, 2008— 

19 ‘‘(A) enlists, reenlists, or extends an enlist20 ment as a Reserve for service in the Selected 


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1 Reserve for a period of not less than six years; 

2 or 

3 ‘‘(B) is appointed as, or is serving as, a re4 serve officer and agrees to serve in the Selected 

5 Reserve for a period of not less than six years 

6 in addition to any other period of obligated 

7 service in the Selected Reserve to which the 

8 person may be subject; and 

9 ‘‘(2) before applying for benefits under this 

10 subchapter, has completed the requirements of a sec11 ondary school diploma (or an equivalency certifi12 cate). 

13 ‘‘(b) COMPLETION OF ACTIVE DUTY FOR TRAIN14 ING.—Educational assistance may not be provided to a 

15 member under this subchapter until the member has com16 pleted the initial period of active duty for training required 

17 of the member. 

18 ‘‘(c) NOTICE ON ENTITLEMENT.—(1) Each person 

19 who becomes entitled to educational assistance under sub20 section (a) shall at the time the person becomes so entitled 

21 be given a statement in writing summarizing the provi22 sions of this subchapter and stating clearly and promi23 nently the substance of sections 3304 and 3305 of this 

24 title as such sections may apply to the person. 


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1 ‘‘(2) In accordance with a memorandum of under2 standing entered into between the Secretary of Veterans 

3 Affairs and the Secretary of Defense, the Secretary of De4 fense shall transmit a notice of entitlement for each mem5 ber so entitled to the Secretary of Veterans Affairs. 

6 ‘‘(d) INAPPLICABILITY OF CERTAIN DUTY TOWARD

7 ENTITLEMENT.—A person may not receive credit under 

8 this subchapter for service (in any grade) on full-time ac9 tive duty or full-time National Guard duty for the purpose 

10 of organizing, administering, recruiting, instructing, or 

11 training the reserve components in a position which is in12 cluded in the end strength required to be authorized each 

13 year by section 115(a)(1)(B) of title 10. 

14 ‘‘(e) BAR TO DUPLICATION OF EDUCATIONAL AS15 SISTANCE.—The provisions of section 3033(a) of this title, 

16 relating to a bar on duplication of receipt of certain edu17 cational assistance benefits, apply with respect to the re18 ceipt of educational assistance under this subchapter. 

19 ‘‘§ 3302A. Eligibility of individuals entitled to edu20 cational assistance under former chapter 

21 1606 of title 10 

22 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

23 section, any individual entitled to educational assistance 

24 under chapter 1606 of title 10 as of October 1, 2008, shall 

25 be entitled to educational assistance under this subchapter 


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1 thereafter for the programs of education, in the amounts, 

2 and subject to the conditions and limitations provided in 

3 sections 3303 through 3305 of this title. 

4 ‘‘(b) LIMITATION ON MONTHS OF ENTITLEMENT.— 

5 The number of months of entitlement to educational as6 sistance under this subchapter of an individual described 

7 in subsection (a) by reason of this section as of October 

8 1, 2008, shall be equal to the number of months of entitle9 ment of such individual to educational assistance under 

10 chapter 1606 of title 10 that remain unutilized by such 

11 individual as of that date. 

12 ‘‘(c) TIME LIMITATION FOR USE OF ENTITLE13 MENT.—(1) Except as provided in paragraph (2), the pro14 visions of section 16133 of title 10, as in effect on Sep15 tember 30, 2008, shall apply to the time for the use by 

16 an individual described in subsection (a) of entitlement to 

17 educational assistance under this subchapter by reason of 

18 this section. 

19 ‘‘(2) Clause (1) of section 16133(a) of title 10, as 

20 in effect on September 30, 2008, shall not apply to the 

21 time for the use by an individual described in subsection 

22 (a) of entitlement to educational assistance under this sub23 chapter by reason of this section. 


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1 ‘‘§ 3303. Amount 

2 ‘‘(a) IN GENERAL.—(1) Subject to the provisions of 

3 this section, the Secretary shall provide for payment to 

4 each person entitled to educational assistance under this 

5 subchapter who is pursuing a program of education de6 scribed by subsection (b) of an educational assistance al7 lowance at the following rates: 

8 ‘‘(A) $309 (as increased from time to time 

9 under paragraphs (2) and (3)) per month for each 

10 month of full-time pursuit of a program of edu11 cation. 

12 ‘‘(B) $231 (as increased from time to time 

13 under paragraphs (2) and (3)) per month for each 

14 month of three-quarter-time pursuit of a program of 

15 education. 

16 ‘‘(C) $153 (as increased from time to time 

17 under paragraphs (2) and (3)) per month for each 

18 month of half-time pursuit of a program of edu19 cation. 

20 ‘‘(D) $77.25 (as increased from time to time 

21 under paragraphs (2) and (3)) per month for each 

22 month of less than half-time pursuit of a program 

23 of education, except that no payment may be made 

24 to a person for less than half-time pursuit if tuition 

25 assistance is otherwise available to the person for 


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1 such pursuit from the military department con2 cerned. 

3 ‘‘(2) With respect to any fiscal year, the Secretary 

4 shall provide a percentage increase (rounded to the near5 est dollar) in the rates payable under subparagraphs (A) 

6 through (D) of paragraph (1) equal to the percentage in7 crease provided under subsection (h) of section 3015 of 

8 this title to the rates payable under subsection (a) of that 

9 section. 

10 ‘‘(3) In the event of any increase by law (other than 

11 an increase under paragraph (2)) in the rates of basic edu12 cational assistance payable under section 3015(a) of this 

13 title, effective for months beginning on or after the month 

14 in which such increase goes into effect the Secretary shall 

15 provide a percentage increase (rounded to the nearest dol16 lar) in the rates payable under subparagraphs (A) through 

17 (D) of paragraph (1) equal to such percentage increase 

18 in such rates of basic educational assistance by law. 

19 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu20 cational assistance may be provided under this subchapter 

21 for pursuit of any program of education that is an ap22 proved program of education for purposes of chapter 30 

23 of this title. 

24 ‘‘(c) MAXIMUM MONTHS OF ASSISTANCE.—(1) Sub25 ject to section 3695 of this title, the maximum number 


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1 of months of educational assistance that may be provided 

2 to any person under this subchapter is 36 (or the equiva3 lent thereof in part-time educational assistance). 

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

5 subchapter or chapter 36 of this title, any payment of an 

6 educational assistance allowance described in subpara7 graph (B) shall not— 

8 ‘‘(i) be charged against the entitlement of a 

9 person under this subchapter; or 

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

11 which section 3695 of this title limits a person’s re12 ceipt of assistance. 

13 ‘‘(B) The payment of an educational assistance allow14 ance referred to in subparagraph (A) is the payment of 

15 such an allowance to a person for pursuit of a course or 

16 courses under this subchapter if the Secretary finds that 

17 the person— 

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

19 a result of being ordered to serve on active duty 

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

21 or 12304 of title 10; and 

22 ‘‘(ii) failed to receive credit or training time to23 ward completion of the person’s approved edu24 cational, professional, or vocational objective as a reVerDate Aug 31 2005 04:12 Feb 27, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S644.IS S644

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1 sult of having to discontinue, as described in clause 

2 (i), the person’s course pursuit. 

3 ‘‘(C) The period for which, by reason of this para4 graph, an educational assistance allowance is not charged 

5 against entitlement or counted toward the applicable ag6 gregate period under section 3695 of this title shall not 

7 exceed the portion of the period of enrollment in the 

8 course or courses for which the person involved failed to 

9 receive credit or with respect to which such person lost 

10 training time, as determined under subparagraph (B)(ii). 

11 ‘‘(d) APPRENTICESHIPS; ON-JOB TRAINING.—(1) 

12 Educational assistance is payable under this subchapter 

13 to a person entitled to educational assistance under this 

14 subchapter for pursuit of a full-time program of appren15 ticeship or other on-job training. 

16 ‘‘(2)(A) For purposes of this subchapter, the rate of 

17 payment of educational assistance allowances, and the 

18 charge against entitlement for receipt of such allowances, 

19 under this subsection shall be governed by the provisions 

20 of section 3032(c) of this title. 

21 ‘‘(B) In the administration of the provisions referred 

22 to in subparagraph (A) for purposes of this subchapter— 

23 ‘‘(i) a reference to ‘an individual’ shall be 

24 deemed to be a reference to a person entitled to edu25 cational assistance under this subchapter; 


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1 ‘‘(ii) a reference to ‘this chapter’ shall be 

2 deemed to be a reference to this subchapter; and 

3 ‘‘(iii) a reference to ‘the monthly educational 

4 assistance allowance otherwise payable to such indi5 vidual’ shall be deemed to be a reference to the 

6 monthly educational assistance allowance otherwise 

7 payable to the person concerned under this sub8 chapter (including any such allowance under sub9 section (a) and any such allowance under subsection 

10 (i)). 

11 ‘‘(e) CORRESPONDENCE COURSES.—(1) Educational 

12 assistance is payable under this subchapter to a person 

13 entitled to educational assistance under this subchapter 

14 who enters into an agreement to pursue, and pursues, a 

15 program of education exclusively by correspondence. 

16 ‘‘(2)(A) For purposes of this subchapter, the rate of 

17 payment of educational assistance allowances, and the 

18 charge against entitlement for receipt of such allowances, 

19 under this subsection shall be governed by the provisions 

20 of section 3032(d) of this title. 

21 ‘‘(B) In the administration of the provisions referred 

22 to in subparagraph (A) for purposes of this subchapter— 

23 ‘‘(i) a reference ‘an individual’ shall be deemed 

24 to be a reference to a person entitled to educational 

25 assistance under this subchapter; 


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1 ‘‘(ii) a reference to ‘this chapter’ shall be 

2 deemed to be a reference to this subchapter; and 

3 ‘‘(iii) a reference to ‘the amount of monthly as4 sistance the individual would otherwise be eligible to 

5 receive for full-time pursuit of an institutional 

6 course’ shall be deemed to be a reference to the 

7 monthly educational assistance allowance otherwise 

8 payable to the person concerned under this sub9 chapter (including any such allowance under sub10 section (a) and any such allowance under subsection 

11 (i)). 

12 ‘‘(f) FLIGHT TRAINING.—(1) Educational assistance 

13 is payable under this subchapter to a person entitled to 

14 educational assistance under this subchapter for pursuit 

15 of a program of education consisting of exclusively of 

16 flight training approved under section 3034(d) of this 

17 title, subject to the conditions specified in paragraphs (2) 

18 and (4) of section 3032(e) of this title. 

19 ‘‘(2)(A) For purposes of this subchapter, the rate of 

20 payment of educational assistance allowances, and the 

21 charge against entitlement for receipt of such allowances, 

22 under this subsection shall be governed by the provisions 

23 of section 3032(e) of this title. 

24 ‘‘(B) In the administration of the provisions referred 

25 to in subparagraph (A) for purposes of this subchapter— 


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1 ‘‘(i) a reference to ‘an individual’ shall be 

2 deemed to be a reference to a person entitled to edu3 cational assistance under this subchapter; 

4 ‘‘(ii) a reference to ‘this chapter’ shall be 

5 deemed to be a reference to this subchapter; and 

6 ‘‘(iii) a reference to ‘the monthly rate of edu7 cation assistance which such individual would other8 wise be paid’ shall be deemed to be a reference to 

9 the monthly amount of educational assistance other10 wise payable to the person concerned under this sub11 chapter (including any such allowance under sub12 section (a) and any such allowance under subsection 

13 (i)). 

14 ‘‘(g) LICENSING AND CERTIFICATION TESTS.—(1) 

15 Educational assistance is payable under this subchapter 

16 to a person entitled to educational assistance under this 

17 subchapter for a licensing or certification test described 

18 in section 3452(b) of this title. 

19 ‘‘(2)(A) For purposes of this subchapter, the amount 

20 payable for a licensing or certification test, the charge 

21 against entitlement for receipt of such payment, and the 

22 effect of expiration of entitlement on payments, under this 

23 subsection is governed by the provisions of section 3032(f) 

24 of this title. 


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1 ‘‘(B) In the administration of the provisions referred 

2 to in subparagraph (A) for purposes of this subchapter— 

3 ‘‘(i) a reference to ‘an individual’ shall be 

4 deemed to be a reference to a person entitled to edu5 cational assistance under this subchapter; 

6 ‘‘(ii) a reference to ‘this chapter’ shall be 

7 deemed to be a reference to this subchapter; and 

8 ‘‘(iii) a reference to ‘the full-time monthly insti9 tutional rate of educational assistance which such in10 dividual would otherwise be paid’ shall be deemed to 

11 a reference to the monthly amount of educational as12 sistance allowance otherwise payable to the person 

13 concerned under this subchapter (including any such 

14 allowance under subsection (a) and any such allow15 ance under subsection (i)). 

16 ‘‘(h) INDIVIDUALIZED TUTORIAL ASSISTANCE.—(1) 

17 A person entitled to educational assistance under this sub18 chapter is entitled to individualized tutorial assistance in 

19 accordance with the provisions of section 3492 of this title, 

20 subject to the conditions applicable to an eligible veteran 

21 under that section. 

22 ‘‘(2) The amount of individualized tutorial assistance 

23 provided under this subsection shall be governed by the 

24 provisions of section 3019(b) of this title. 


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1 ‘‘(3)(A) For purposes of this subchapter, the charge 

2 against entitlement of individualized tutorial assistance re3 ceived under this subsection shall be governed by the pro4 visions of section 3019(c) of this title. 

5 ‘‘(B) In the administration of the provisions referred 

6 to in subparagraph (A) for purposes of this subchapter— 

7 ‘‘(i) a reference to ‘an individual’ shall be 

8 deemed to be a reference to a person entitled to edu9 cational assistance under this subchapter; 

10 ‘‘(ii) a reference to ‘this chapter’ shall be 

11 deemed to be a reference to this subchapter; and 

12 ‘‘(iii) a reference to ‘the amount of monthly as13 sistance which the individual is otherwise eligible to 

14 receive for full-time pursuit of an institutional 

15 course’ shall be deemed to be a reference to the 

16 monthly amount of educational assistance allowance 

17 otherwise payable to the person concerned under this 

18 subchapter (including any such allowance under sub19 section (a) and any such allowance under subsection 

20 (i)). 

21 ‘‘(i) INCREASED RATE OF ASSISTANCE FOR PERSONS

22 WITH CERTAIN SKILLS.—(1) In the case of a person who 

23 has a skill or specialty designated by the Secretary of De24 fense as a skill or specialty in which there is a critical 

25 shortage of personnel or for which it is difficult to recruit 


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1 or, in the case of critical units, retain personnel, the Sec2 retary of Veterans Affairs may increase the rate of the 

3 educational assistance allowance applicable to that person 

4 to such rate in excess of the rate prescribed under sub5 paragraphs (A) through (D) of subsection (a)(1) as the 

6 Secretary of Veterans Affairs and the Secretary of De7 fense jointly consider appropriate, but the amount of any 

8 such increase may not exceed $350 per month. 

9 ‘‘(2) In the case of a person who has a skill or spe10 cialty designated by the Secretary of Defense as a skill 

11 or specialty in which there is a critical shortage of per12 sonnel or for which it is difficult to recruit or, in the case 

13 of critical units, retain personnel, who is eligible for edu14 cational benefits under chapter 30 (other than section 

15 3012) of this title and who meets the eligibility criteria 

16 specified in subparagraphs (A) and (B) of section 

17 3302(a)(1) of this title, the Secretary of Veterans Affairs 

18 may increase the rate of the educational assistance allow19 ance applicable to that person to such rate in excess of 

20 the rate prescribed under section 3015 of this title as the 

21 Secretary of Veterans Affairs and the Secretary of De22 fense jointly consider appropriate, but the amount of any 

23 such increase may not exceed $350 per month. 

24 ‘‘(3) The authority provided by paragraphs (1) and 

25 (2) shall be exercised by the Secretary of Veterans Affairs 


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1 under regulations prescribed jointly by the Secretary of 

2 Veterans Affairs and the Secretary of Defense. 

3 ‘‘(j) CONTINUATION OF ENTITLEMENT DURING

4 QUARTER OR SEMESTER OF EXHAUSTION.—The provi5 sions of section 3031(f) of this title shall apply to the pe6 riod of entitlement of a person to educational assistance 

7 under this subchapter. 

8 ‘‘§ 3304. Termination of assistance 

9 ‘‘Educational assistance may not be provided under 

10 this subchapter— 

11 ‘‘(1) to a member receiving financial assistance 

12 under section 2107 of title 10 as a member of the 

13 Senior Reserve Officers’ Training Corps program; or 

14 ‘‘(2) to a member who fails to participate satis15 factorily in required training as a member of the Se16 lected Reserve. 

17 ‘‘§ 3305. Failure to participate satisfactorily; penalties 

18 ‘‘(a) PENALTIES.—At the option of the Secretary of 

19 the military department concerned, a member of the Se20 lected Reserve of an Armed Force who does not participate 

21 satisfactorily in required training as a member of the Se22 lected Reserve during a term of enlistment or other period 

23 of obligated service that created entitlement of the mem24 ber to educational assistance under this subchapter, and 


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1 during which the member has received such assistance, 

2 may— 

3 ‘‘(1) be ordered to active duty for a period of 

4 two years or the period of obligated service the per5 son has remaining under section 3302 of this title, 

6 whichever is less; or 

7 ‘‘(2) be subject to the repayment provisions 

8 under section 303a(e) of title 37. 

9 ‘‘(b) EFFECT OF REPAYMENT.—Any repayment 

10 under section 303a(e) of title 37 shall not affect the period 

11 of obligation of a member to serve as a Reserve in the 

12 Selected Reserve. 

13 ‘‘§ 3306. Reports to Congress 

14 ‘‘(a) BIENNIAL REPORTS.—(1) The Secretary shall 

15 submit to Congress, not later than March 1 of each odd16 numbered year, a report on the operation of the edu17 cational assistance program carried out under this sub18 chapter during the preceding two fiscal years. 

19 ‘‘(2) Each report under paragraph (1) shall include 

20 the number of members of the Selected Reserve of the 

21 Ready Reserve of each Armed Force receiving, and the 

22 number of such members entitled to receive, educational 

23 assistance under this subchapter during each fiscal year 

24 covered by such report. 


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1 ‘‘(b) MODIFICATION OF REPORT FREQUENCY AND

2 REPORT COVERAGE.—The Secretary may submit the re3 port otherwise required by subsection (a) more frequently 

4 than is otherwise required by that subsection and adjust 

5 the period covered by the report accordingly. 

6 ‘‘SUBCHAPTER II—RESERVE COMPONENT MEM7 BERS SUPPORTING CONTINGENCY OPER8 ATIONS AND CERTAIN OTHER OPERATIONS 

9 ‘‘§ 3321. Purpose 

10 ‘‘The purpose of this subchapter is to provide edu11 cational assistance to members of the reserve components 

12 called or ordered to active service in response to a war 

13 or national emergency declared by the President or Con14 gress, in recognition of the sacrifices that those members 

15 make in answering the call to duty. 

16 ‘‘§ 3322. Educational assistance program 

17 ‘‘The Secretary of Veterans Affairs, in consultation 

18 with the Secretary of Defense and the Secretary of Home19 land Security with respect to the Coast Guard when it is 

20 not operating as a service in the Navy, shall carry out 

21 under this subchapter a program to provide educational 

22 assistance to members of the Ready Reserve of the Armed 

23 Forces for the purpose specified in section 3321 of this 

24 title. 


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1 ‘‘§ 3323. Eligibility 

2 ‘‘(a) IN GENERAL.—On or after October 1, 2008, a 

3 member of a reserve component is entitled to educational 

4 assistance under this subchapter if the member— 

5 ‘‘(1) serves on active duty in support of a con6 tingency operation for 90 consecutive days or more; 

7 or 

8 ‘‘(2) in the case of a member of the Army Na9 tional Guard of the United States or Air National 

10 Guard of the United States, performs full time Na11 tional Guard duty under section 502(f) of title 32 

12 for 90 consecutive days or more when authorized by 

13 the President or Secretary of Defense for the pur14 pose of responding to a national emergency declared 

15 by the President and supported by Federal funds. 

16 ‘‘(b) NOTICE ON ENTITLEMENT.—(1) Each member 

17 who becomes entitled to educational assistance under sub18 section (a) shall be given a statement in writing prior to 

19 release from active service that summarizes the provisions 

20 of this subchapter and states clearly and prominently the 

21 substance of sections 3325 and 3326 of this title as such 

22 sections may apply to the member. 

23 ‘‘(2) In accordance with a memorandum of under24 standing entered into between the Secretary of Veterans 

25 Affairs and the Secretary of Defense, the Secretary of De26 fense shall transmit a notice of entitlement under subVerDate Aug 31 2005 04:12 Feb 27, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S644.IS S644

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1 section (a) for each member so entitled to the Secretary 

2 of Veterans Affairs. 

3 ‘‘(c) APPLICABILITY OF CERTAIN SERVICE TOWARD

4 ELIGIBILITY.—A member who qualifies for educational 

5 assistance under this subchapter may not receive credit 

6 for service under both the program established by chapter 

7 30 of this title and the program established by this sub8 chapter, but shall make an irrevocable election (in such 

9 form and manner as the Secretary may prescribe) as to 

10 the program to which such service is to be credited. 

11 ‘‘(d) BAR TO DUPLICATION OF EDUCATIONAL AS12 SISTANCE.—(1) Except as provided in paragraph (2), the 

13 provisions of section 3033(a) of this title, relating to a 

14 bar on duplication of receipt of certain educational assist15 ance benefits, apply with respect to the receipt of edu16 cational assistance under this subchapter. 

17 ‘‘(2) Paragraph (1) does not apply with respect to 

18 the entitlement of a member to educational assistance 

19 under section 3303(i) of this title. 

20 ‘‘§ 3323A. Eligibility of individuals entitled to edu21 cational assistance under former chapter 

22 1607 of title 10 

23 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

24 section, any individual entitled to educational assistance 

25 under chapter 1607 of title 10 as of October 1, 2008, shall 


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1 be entitled to educational assistance under this subchapter 

2 thereafter for the programs of education, in the amounts, 

3 and subject to the conditions and limitations provided in 

4 sections 3324 through 3326 of this title. 

5 ‘‘(b) LIMITATION ON MONTHS OF ENTITLEMENT.— 

6 The number of months of entitlement to educational as7 sistance under this subchapter of an individual described 

8 in subsection (a) by reason of this section as of October 

9 1, 2008, shall be equal to the number of months of entitle10 ment of such individual to educational assistance under 

11 chapter 1607 of title 10 that remain unutilized by such 

12 individual as of that date. 

13 ‘‘(c) TIME LIMITATION FOR USE OF ENTITLE14 MENT.—(1) Except as provided in paragraph (2), the pro15 visions of section 16164 of title 10, as in effect on Sep16 tember 30, 2008, shall apply to the time for the use by 

17 an individual described in subsection (a) of entitlement to 

18 educational assistance under this subchapter by reason of 

19 this section. 

20 ‘‘(2) The provisions of section 3325(a)(2) of this title 

21 shall apply to the duration of the entitlement of an indi22 vidual described by subsection (a) to educational assist23 ance under this subchapter by reason of this section. 


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1 ‘‘§ 3324. Amount 

2 ‘‘(a) IN GENERAL.—(1) The educational assistance 

3 program under this subchapter shall provide for payment 

4 by the Secretary of an educational assistance allowance 

5 to each member entitled to educational assistance under 

6 this subchapter— 

7 ‘‘(A) if the member is pursuing a program of 

8 education authorized under subsection (b) on a full9 time basis, at the monthly rate of— 

10 ‘‘(i) for months occurring during fiscal 

11 year 2009, the monthly rate payable under sec12 tion 3015(a)(1)(D) of this title for that fiscal 

13 year; and 

14 ‘‘(ii) for months occurring during a subse15 quent fiscal year, the amount for months occur16 ring during the previous fiscal year as increased 

17 under paragraph (2); or 

18 ‘‘(B) if the member is pursuing a program of 

19 education authorized under subsection (b) on less 

20 than a full-time basis, at an appropriately reduced 

21 monthly rate, as determined under regulations pre22 scribed by the Secretary. 

23 ‘‘(2)(A) With respect to any fiscal year, the Secretary 

24 shall provide a percentage increase (rounded to the near25 est dollar) in the rate payable under paragraph (1)(A) 

26 equal to the percentage by which— 


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1 ‘‘(i) the Consumer Price Index (all items, 

2 United States city average) for the 12-month period 

3 ending on the June 30 preceding the beginning of 

4 the fiscal year for which the increase is made, ex5 ceeds 

6 ‘‘(ii) such Consumer Price Index for the 12- 

7 month period preceding the 12-month period de8 scribed in clause (i). 

9 ‘‘(B) Any rounding under subparagraph (A) shall be 

10 subject to the provisions of section 3015(h)(2) of this title. 

11 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu12 cational assistance may be provided under this subchapter 

13 for pursuit of any program of education that is an ap14 proved program of education for purposes of chapter 30 

15 of this title. 

16 ‘‘(c) TREATMENT OF CERTAIN DUTY AS COUNTING

17 TOWARD ENTITLEMENT.—Any month of active duty, or 

18 full time National Guard duty, served by a member that 

19 contributes under section 3323(a) of this title to the enti20 tlement of the member to educational assistance under 

21 this subchapter shall be counted as a month for which the 

22 member is entitled to educational assistance under this 

23 subchapter. 

24 ‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Sub25 ject to section 3695 of this title, the maximum number 


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1 of months of educational assistance that may be provided 

2 to any member under this subchapter is 36 (or the equiva3 lent thereof in part-time educational assistance). 

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

5 subchapter or chapter 36 of this title, any payment of an 

6 educational assistance allowance described in subpara7 graph (B) shall not— 

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

9 member under this subchapter; or 

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

11 which section 3695 of this title limits a member’s re12 ceipt of assistance. 

13 ‘‘(B) The payment of an educational assistance allow14 ance referred to in subparagraph (A) is the payment of 

15 such an allowance to a member for pursuit of a course 

16 or courses under this subchapter if the Secretary finds 

17 that the member— 

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

19 a result of being ordered to serve on active duty 

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

21 or 12304 of title 10; and 

22 ‘‘(ii) failed to receive credit or training time to23 ward completion of the member’s approved edu24 cational, professional, or vocational objective as a reVerDate Aug 31 2005 04:12 Feb 27, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S644.IS S644

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1 sult of having to discontinue, as described in clause 

2 (i), the member’s course pursuit. 

3 ‘‘(C) The period for which, by reason of this sub4 section, an educational assistance allowance is not charged 

5 against entitlement or counted toward the applicable ag6 gregate period under section 3695 of this title shall not 

7 exceed the portion of the period of enrollment in the 

8 course or courses for which the member involved failed to 

9 receive credit or with respect to which such member lost 

10 training time, as determined under subparagraph (B)(ii). 

11 ‘‘(e) FLIGHT TRAINING.—(1) Educational assistance 

12 is payable under this subchapter to a person entitled to 

13 educational assistance under this subchapter for pursuit 

14 of a program of education consisting of exclusively of 

15 flight training approved under section 3034(d) of this 

16 title, subject to the conditions specified in paragraphs (2) 

17 and (4) of section 3032(e) of this title. 

18 ‘‘(2)(A) For purposes of this subchapter, the rate of 

19 payment of educational assistance allowances, and the 

20 charge against entitlement for receipt of such allowances, 

21 under this subsection shall be governed by the provisions 

22 of section 3032(e) of this title. 

23 ‘‘(B) In the administration of the provisions referred 

24 to in subparagraph (A) for purposes of this subchapter— 


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1 ‘‘(i) a reference to ‘an individual’ shall be 

2 deemed to be a reference to a member entitled to 

3 educational assistance under this subchapter; 

4 ‘‘(ii) a reference to ‘this chapter’ shall be 

5 deemed to be a reference to this subchapter; and 

6 ‘‘(iii) a reference to ‘the monthly rate of edu7 cation assistance which such individual would other8 wise be paid’ shall be deemed to be a reference to 

9 the monthly amount payable under subsection 

10 (a)(1)(A). 

11 ‘‘(f) LICENSING AND CERTIFICATION TESTS.—(1) 

12 Educational assistance is payable under this subchapter 

13 to a member entitled to educational assistance under this 

14 subchapter for a licensing or certification test described 

15 in section 3452(b) of this title. 

16 ‘‘(2)(A) For purposes of this subchapter, the amount 

17 payable for a licensing or certification test, the charge 

18 against entitlement for receipt of such payment, and the 

19 effect of expiration of entitlement on payments, under this 

20 subsection is governed by the provisions of section 3032(f) 

21 of this title. 

22 ‘‘(B) In the administration of the provisions referred 

23 to in subparagraph (A) for purposes of this subchapter— 


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1 ‘‘(i) a reference to ‘an individual’ shall be 

2 deemed to be a reference to a member entitled to 

3 educational assistance under this subchapter; 

4 ‘‘(ii) a reference to ‘this chapter’ shall be 

5 deemed to be a reference to this subchapter; and 

6 ‘‘(iii) a reference to ‘the full-time monthly insti7 tutional rate of educational assistance which such in8 dividual would otherwise be paid’ shall be deemed to 

9 a reference to the monthly amount payable under 

10 subsection (a)(1)(A). 

11 ‘‘§ 3325. Time limitation for use of entitlement 

12 ‘‘(a) DURATION OF ENTITLEMENT.—Except as pro13 vided in subsection (b), a member remains entitled to edu14 cational assistance under this subchapter— 

15 ‘‘(1) while the member is serving— 

16 ‘‘(A) in the Selected Reserve of the Ready 

17 Reserve, in the case of a member called or or18 dered to active service while serving in the Se19 lected Reserve; or 

20 ‘‘(B) in the Ready Reserve, in the case of 

21 a member ordered to active duty while serving 

22 in the Ready Reserve (other than the Selected 

23 Reserve); and 

24 ‘‘(2) in the case of a member who separates 

25 from the Ready Reserve upon the completion of a 


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1 service contract under other than dishonorable con2 ditions, and, if applicable, the fulfillment of an exist3 ing military service obligation in accordance with 

4 section 651 of title 10, during the ten-year period 

5 beginning on the date on which the member sepa6 rates from the Ready Reserve. 

7 ‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED

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

9 from the Ready Reserve because of a disability which was 

10 not the result of the person’s own willful misconduct in11 curred on or after the date on which such person became 

12 entitled to educational assistance under this subchapter, 

13 the person’s entitlement to educational assistance expires 

14 at the end of the 10-year period beginning on the date 

15 on which the person became entitled to such assistance. 

16 ‘‘(2) The provisions of subsections (d) and (f) of sec17 tion 3031 of this title shall apply to the period of entitle18 ment prescribed by paragraph (1). 

19 ‘‘§ 3326. Termination of assistance 

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

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

22 subchapter, or if being provided under this subchapter, 

23 shall be terminated— 

24 ‘‘(1) if the member is receiving financial assist25 ance under section 2107 of title 10 as a member of 


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1 the Senior Reserve Officers’ Training Corps pro2 gram; or 

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

4 Ready Reserve, as provided for under subparagraph 

5 (A) or (B) of paragraph (1) of section 3325(a) of 

6 this title, as applicable, unless the member is other7 wise covered by paragraph (2) of such section. 

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

9 the Secretary of Defense, educational assistance may be 

10 provided under this subchapter to a member of the Se11 lected Reserve of the Ready Reserve who incurs a break 

12 in service in the Selected Reserve of not more than 90 

13 days if the member continues to serve in the Ready Re14 serve during and after such break in service. 

15 ‘‘SUBCHAPTER III—ADMINISTRATIVE MATTERS 

16 ‘‘§ 3341. Administration of programs 

17 ‘‘The provisions of sections 3470, 3471, 3474, 3476, 

18 3482(g), 3483, and 3485 of this title and the provisions 

19 of subchapters I and II of chapter 36 of this title (with 

20 the exception of sections 3686(a), 3687, and 3692) shall 

21 be applicable to the provision of educational assistance 

22 under subchapters I and II of this chapter. In the applica23 tion of such provisions for purposes of subchapter I or 

24 II of this chapter, the terms ‘eligible veteran’ and ‘a per25 son’, as used in such provisions, shall be deemed to refer 


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1 to a person or member eligible for educational assistance 

2 under the applicable subchapter. 

3 ‘‘§ 3342. Funding 

4 ‘‘(a) FUNDING FOR BENEFITS ACCRUING AFTER OC5 TOBER 1, 2008.—(1) Payments for educational assistance 

6 under this chapter for persons entitled to such assistance 

7 under section 3302 or 3323 of this title shall be made 

8 from funds appropriated or otherwise made available to 

9 the Department of Veterans Affairs for the payment of 

10 readjustment benefits. 

11 ‘‘(2) Payments for training and rehabilitation under 

12 section 3323(b) of this title shall be made from funds ap13 propriated or otherwise made available to the Department 

14 of Veterans Affairs for the payment of readjustment bene15 fits. 

16 ‘‘(b) FUNDING FOR BENEFITS ACCRUING BEFORE

17 OCTOBER 1, 2008.—Payments for educational assistance 

18 under this chapter for persons entitled to such assistance 

19 under section 3302A or 3323A of this title shall be made 

20 from amounts in the Department of Defense Education 

21 Benefits Fund under section 2006 of title 10 that are at22 tributable to armed forces education liabilities under chap23 ters 1606 and 1607 of title 10 that accrue before October 

24 1, 2008. Amounts for such payments shall be made availVerDate Aug 31 2005 04:12 Feb 27, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S644.IS S644

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1 able to the Secretary in accordance with the provisions of 

2 section 2006(d) of title 10.’’. 

3 (2) CLERICAL AMENDMENTS.—The tables of 

4 chapters at the beginning of title 38, United States 

5 Code, and at the beginning of part III of such title, 

6 are each amended by inserting after the item relat7 ing to chapter 32 the following new item: 

‘‘33. Educational Assistance for Members of the Reserve 

Components ............................................................. 3301’’. 

8 (c) CONFORMING AMENDMENTS ON BAR ON DUAL

9 ELIGIBILITY FOR BENEFITS.— 

10 (1) Section 3033 of title 38, United States 

11 Code, is amended— 

12 (A) in subsection (a)(1), by striking ‘‘chap13 ter 106 or 107 of title 10’’ and inserting 

14 ‘‘under subchapter I or subchapter II of chap15 ter 33 of this title, under chapter 107 of title 

16 10’’; and 

17 (B) in subsection (c), by striking ‘‘chapter 

18 106 of title 10’’ and inserting ‘‘subchapter I of 

19 chapter 33 of this title’’. 

20 (2) Section 3221(f) of such title is amended by 

21 striking ‘‘chapter 106 of title 10’’ and inserting 

22 ‘‘subchapter I of chapter 33 of this title’’. 

23 (3) Section 3681 of such title is amended— 


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1 (A) in subsection (a), by striking ‘‘34, 35, 

2 or 36 of this title or 106 or 107 of title 10,’’ 

3 and inserting ‘‘33, 34, 35, or 36 of this title’’; 

4 and 

5 (B) in subsection (b)— 

6 (i) in paragraph (1), by inserting be7 fore the period the following: ‘‘, and sub8 chapters I and II of chapter 33 of this 

9 title’’; and 

10 (ii) in paragraph (2), by striking 

11 ‘‘Chapters 106 and’’ and inserting ‘‘Chap12 ter 107’’. 

13 (d) CONFORMING AMENDMENTS RELATING TO DE14 PARTMENT OF DEFENSE EDUCATION BENEFITS FUND.— 

15 Section 2006(b) of title 10, United States Code, is amend16 ed— 

17 (1) in paragraph (1), by striking ‘‘and chapters 

18 1606 and 1607’’; and 

19 (2) in paragraph (2)— 

20 (A) by striking subparagraph (C); and 

21 (B) by redesignating subparagraphs (D) 

22 and (E) as subparagraphs (C) and (D), respec23 tively. 

24 (e) CROSS-REFERENCE AMENDMENTS.— 


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1 (1) CHAPTER 106 OF TITLE 10, UNITED STATES

2 CODE.— 

3 (A) Section 2131 of title 10, United States 

4 Code, is amended to read as follows: 

5 ‘‘§ 2131. Reference to subchapter I of chapter 33 of 

6 title 38 

7 ‘‘Provisions of law related to educational assistance 

8 for members of the Selected Reserve under the Mont9 gomery GI Bill program, as formerly set forth in this 

10 chapter and chapter 1606 of this title, are set forth in 

11 subchapter I of chapter 33 of title 38 (beginning with sec12 tion 3301 of title 38).’’. 

13 (B) The table of sections at the beginning 

14 of chapter 106 of such title is amended by 

15 striking the item relating to section 2131 and 

16 inserting the following new item: 

‘‘2131. Reference to subchapter I of chapter 33 of title 38.’’. 

17 (2) CHAPTER 1606 OF TITLE 10, UNITED

18 STATES CODE.—Chapter 1606 of such title is 

19 amended by striking all after the chapter heading 

20 and inserting the following: 

‘‘Sec. 

‘‘16131. Reference to subchapter I of chapter 33 of title 38. 


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1 ‘‘§ 16131. Reference to subchapter I of chapter 33 of 

2 title 38 

3 ‘‘Provisions of law related to educational assistance 

4 for members of the Selected Reserve under the Mont5 gomery GI Bill program, as formerly set forth in this 

6 chapter, are set forth in subchapter I of chapter 33 of 

7 title 38 (beginning with section 3301 of that title).’’. 

8 (3) CHAPTER 1607 OF TITLE 10, UNITED

9 STATES CODE.—Chapter 1607 of such title is 

10 amended by striking all after the chapter heading 

11 and inserting the following: 

‘‘Sec. 

‘‘16161. Reference to subchapter II of chapter 33 of title 38. 

12 ‘‘§ 16161. Reference to subchapter II of chapter 33 of 

13 title 38 

14 ‘‘Provisions of law related to educational assistance 

15 for members of the reserve components of the armed 

16 forces supporting contingency operations and certain other 

17 operations, as formerly set forth in this chapter, are set 

18 forth in subchapter II of chapter 33 of title 38 (beginning 

19 with section 3321 of that title).’’. 

20 (f) ADDITIONAL CONFORMING AMENDMENTS.— 

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

22 (A) Section 3485 of title 38, United States 

23 Code, is amended— 


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1 (i) in subsection (a)(4)(E), by striking 

2 ‘‘chapter 1606 or 1607 of title 10’’ and in3 serting ‘‘chapter 33 of this title’’; 

4 (ii) in subsection (b), by striking 

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

6 chapter 1606 or 1607 of title 10,’’ and in7 serting ‘‘chapter 30, 31, 32, 33, or 34 of 

8 this title’’; and 

9 (iii) in subsection (e)(1)— 

10 (I) by striking ‘‘, chapter 30, 31, 

11 32, 35, or 36 of this title, or chapter 

12 1606 or 1607 of title 10’’ and insert13 ing ‘‘or chapter 30, 31, 32, 33, 35, or 

14 36 of this title’’; and 

15 (II) by striking ‘‘section 2135 of 

16 such title’’ and inserting ‘‘section 

17 3305 of this title’’. 

18 (B) Section 3672(c) of such title is amend19 ed— 

20 (i) in paragraph (3)(A), by striking 

21 ‘‘chapters 30 and 35 of this title and chap22 ter 1606 of title 10’’ and inserting ‘‘chap23 ters 30, 33, and 35 of this title’’; and 

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

25 ‘‘chapter 30 or 35 of this title, or chapter 


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1 1606 of title 10, as the case may be’’ and 

2 inserting ‘‘chapter 30, 33, or 35 of this 

3 title’’. 

4 (C) Section 3680A(d)(1) of such title is 

5 amended— 

6 (i) by striking ‘‘or under chapter 106 

7 of title 10’’ the first place it appears; and 

8 (ii) by striking ‘‘or chapter 30, 31, 32, 

9 or 35 of this title or under chapter 106 of 

10 title 10’’ and inserting ‘‘or chapter 30, 31, 

11 32, 33, or 35 of this title’’. 

12 (D) Section 3684A(a)(1) of such title is 

13 amended by striking ‘‘chapter 30 or 32 of this 

14 title or in chapter 106 of title 10’’ and inserting 

15 ‘‘chapter 30, 32, or 33 of this title’’. 

16 (E) Section 3688(b) of such title is amend17 ed by striking ‘‘, chapter 30, 32, or 35 of this 

18 title, or chapter 106 of title 10’’ and inserting 

19 ‘‘or chapter 30, 32, 33, or 35 of this title’’. 

20 (F) Section 3689 of such title is amended 

21 by inserting ‘‘33,’’ after ‘‘32,’’ each place it ap22 pears. 

23 (G) Section 3692 of such title is amend24 ed— 


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1 (i) in subsection (a), by striking ‘‘or 

2 35 of this title and chapter 1606 of title 

3 10’’ and inserting ‘‘33, or 35 of this title’’; 

4 and 

5 (ii) in subsection (b), by striking ‘‘, 

6 chapters 30, 32, and 35 of this title, and 

7 chapter 1606 of title 10’’ and inserting 

8 ‘‘and chapters 30, 32, 33, and 35 of this 

9 title’’. 

10 (H) Section 3695(a) of such title is 

11 amended— 

12 (i) by striking paragraph (4) and in13 serting the following new paragraph (4): 

14 ‘‘(4) Chapters 30, 32, 34, 35, and 36 of this 

15 title and subchapters I and II of chapter 33 of this 

16 title.’’; and 

17 (ii) in paragraph (5), by striking ‘‘, 

18 1606, 1607,’’. 

19 (I) Section 3697(a) of such title is amend20 ed by striking ‘‘chapter 30, 32, 34, or 35 of 

21 this title, or chapter 106 of title 10,’’ and in22 serting ‘‘chapter 30, 32, 33, 34, or 35 of this 

23 title’’. 

24 (J) Section 3697A(b)(1) of such title is 

25 amended by striking ‘‘or 32 of this title or 


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1 chapter 106 or 107 of title 10’’ and inserting 

2 ‘‘32, or 33 of this title’’. 

3 (2) TITLE 10, UNITED STATES CODE.—Section 

4 510(h) of title 10, United States Code, is amend5 ed— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘additional educational assistance under 

9 chapter 1606 of this title or to basic edu10 cational assistance under subchapter II of 

11 chapter 30 of title 38’’ and inserting 

12 ‘‘basic educational assistance under sub13 chapter II of chapter 30 of title 38 or edu14 cational assistance under subchapter I of 

15 chapter 33 of that title’’; and 

16 (ii) in subparagraph (B)— 

17 (I) by striking ‘‘chapter 1606 of 

18 this title or chapter 30 of title 38’’ 

19 and inserting ‘‘chapter 30 or sub20 chapter I of chapter 33 of title 38’’; 

21 and 

22 (II) by striking ‘‘either such 

23 chapter’’ each place it appears and in24 serting ‘‘either such provisions’’; and 


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1 (B) in paragraph (3)(A), by striking ‘‘edu2 cational assistance under chapter 1606 of this 

3 title’’ and all that follows through ‘‘as the case 

4 may be’’ and inserting ‘‘basic educational as5 sistance under chapter 30 of title 38 or edu6 cational assistance under subchapter I of chap7 ter 33 of that title from an entitlement to such 

8 basic educational assistance under chapter 30 

9 of that title or educational assistance under 

10 subchapter I of chapter 33 of that title, as the 

11 case may be’’. 

12 (3) ELEMENTARY AND SECONDARY EDUCATION

13 ACT OF 1965.—Section 2304(g) of the Elementary 

14 and Secondary Education Act of 1965 (20 U.S.C. 

15 6674(g)) is amended by striking ‘‘chapter 30 of title 

16 38 or chapter 1606 of title 10’’ and inserting ‘‘chap17 ter 30 or 33 of title 38’’. 

18 (g) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—This section and the amend20 ments made by this section shall take effect on Octo21 ber 1, 2008. 

22 (2) NO ADJUSTMENT IN ASSISTANCE AMOUNTS

23 FOR FISCAL YEAR 2009.—The adjustment in 

24 amounts of educational assistance otherwise required 

25 for fiscal year 2009 under section 3303(a)(2) of title 


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1 38, United States Code (as amended by subsection 

2 (b)), shall not be made. 

Æ 


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