I 

110TH CONGRESS 

1ST SESSION H. R. 1102 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2007 

Mr. SNYDER (for himself, Mr. BOOZMAN, Ms. HERSETH, Ms. LORETTA

SANCHEZ of California, Mr. REYNOLDS, and Mr. LATHAM) 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 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, 

mstockstill on PROD1PC66 with BILLS

2 

•HR 1102 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Total Force Edu3 cational Assistance Enhancement and Integration Act of 

4 2007’’. 

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

6 CODE, AND IMPROVEMENT OF CERTAIN EDU7 CATIONAL ASSISTANCE PROGRAMS FOR 

8 MEMBERS OF THE RESERVE COMPONENTS. 

9 (a) PURPOSE.—The purpose of this section is to re10 codify in title 38, United States Code, the provisions of 

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

12 relating to educational assistance for members of the re13 serve components of the Armed Forces, and to make cer14 tain improvements in such provisions as so recodified. 

15 (b) RECODIFICATION AND IMPROVEMENT OF EDU16 CATIONAL ASSISTANCE PROGRAMS.— 

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

18 States Code, is amended by inserting after chapter 

19 32 the following new chapter: 

20 ‘‘CHAPTER 33—EDUCATIONAL ASSIST21 ANCE FOR MEMBERS OF THE RE22 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. 

mstockstill on PROD1PC66 with BILLS

3 

•HR 1102 IH

‘‘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. 

‘‘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. 

mstockstill on PROD1PC66 with BILLS

4 

•HR 1102 IH

1 ‘‘§ 3302. Eligibility 

2 ‘‘(a) IN GENERAL.—A person is entitled to edu3 cational assistance under the program of educational as4 sistance under this subchapter if the person— 

5 ‘‘(1) after October 1, 2008— 

6 ‘‘(A) enlists, reenlists, or extends an enlist7 ment as a Reserve for service in the Selected 

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

9 or 

10 ‘‘(B) is appointed as, or is serving as, a re11 serve officer and agrees to serve in the Selected 

12 Reserve for a period of not less than six years 

13 in addition to any other period of obligated 

14 service in the Selected Reserve to which the 

15 person may be subject; and 

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

17 subchapter, has completed the requirements of a sec18 ondary school diploma (or an equivalency certifi19 cate). 

20 ‘‘(b) COMPLETION OF ACTIVE DUTY FOR TRAIN21 ING.—Educational assistance may not be provided to a 

22 member under this subchapter until the member has com23 pleted the initial period of active duty for training required 

24 of the member. 

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

26 who becomes entitled to educational assistance under submstockstill on PROD1PC66 with BILLS

5 

•HR 1102 IH

1 section (a) shall at the time the person becomes so entitled 

2 be given a statement in writing summarizing the provi3 sions of this subchapter and stating clearly and promi4 nently the substance of sections 3304 and 3305 of this 

5 title as such sections may apply to the person. 

6 ‘‘(2) In accordance with a memorandum of under7 standing entered into between the Secretary of Veterans 

8 Affairs and the Secretary of Defense, the Secretary of De9 fense shall transmit a notice of entitlement for each mem10 ber so entitled to the Secretary of Veterans Affairs. 

11 ‘‘(d) INAPPLICABILITY OF CERTAIN DUTY TOWARD

12 ENTITLEMENT.—A person may not receive credit under 

13 this subchapter for service (in any grade) on full-time ac14 tive duty or full-time National Guard duty for the purpose 

15 of organizing, administering, recruiting, instructing, or 

16 training the reserve components in a position which is in17 cluded in the end strength required to be authorized each 

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

19 ‘‘(e) BAR TO DUPLICATION OF EDUCATIONAL AS20 SISTANCE.—The provisions of section 3033(a) of this title, 

21 relating to a bar on duplication of receipt of certain edu22 cational assistance benefits, apply with respect to the re23 ceipt of educational assistance under this subchapter. 

mstockstill on PROD1PC66 with BILLS

6 

•HR 1102 IH

1 ‘‘§ 3302A. Eligibility of individuals entitled to edu2 cational assistance under former chapter 

3 1606 of title 10 

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

5 section, any individual entitled to educational assistance 

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

7 be entitled to educational assistance under this subchapter 

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

9 and subject to the conditions and limitations provided in 

10 sections 3303 through 3305 of this title. 

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

12 The number of months of entitlement to educational as13 sistance under this subchapter of an individual described 

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

15 1, 2008, shall be equal to the number of months of entitle16 ment of such individual to educational assistance under 

17 chapter 1606 of title 10 that remain unutilized by such 

18 individual as of that date. 

19 ‘‘(c) TIME LIMITATION FOR USE OF ENTITLE20 MENT.—(1) Except as provided in paragraph (2), the pro21 visions of section 16133 of title 10, as in effect on Sep22 tember 30, 2008, shall apply to the time for the use by 

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

24 educational assistance under this subchapter by reason of 

25 this section. 

mstockstill on PROD1PC66 with BILLS

7 

•HR 1102 IH

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

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

3 time for the use by an individual described in subsection 

4 (a) of entitlement to educational assistance under this sub5 chapter by reason of this section. 

6 ‘‘§ 3303. Amount 

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

8 this section, the Secretary shall provide for payment to 

9 each person entitled to educational assistance under this 

10 subchapter who is pursuing a program of education de11 scribed by subsection (b) of an educational assistance al12 lowance at the following rates: 

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

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

15 month of full-time pursuit of a program of edu16 cation. 

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

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

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

20 education. 

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

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

23 month of half-time pursuit of a program of edu24 cation. 

mstockstill on PROD1PC66 with BILLS

8 

•HR 1102 IH

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

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

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

4 of education, except that no payment may be made 

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

6 assistance is otherwise available to the person for 

7 such pursuit from the military department con8 cerned. 

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

10 shall provide a percentage increase (rounded to the near11 est dollar) in the rates payable under subparagraphs (A) 

12 through (D) of paragraph (1) equal to the percentage in13 crease provided under subsection (h) of section 3015 of 

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

15 section. 

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

17 an increase under paragraph (2)) in the rates of basic edu18 cational assistance payable under section 3015(a) of this 

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

20 in which such increase goes into effect the Secretary shall 

21 provide a percentage increase (rounded to the nearest dol22 lar) in the rates payable under subparagraphs (A) through 

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

24 in such rates of basic educational assistance by law. 

mstockstill on PROD1PC66 with BILLS

9 

•HR 1102 IH

1 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu2 cational assistance may be provided under this subchapter 

3 for pursuit of any program of education that is an ap4 proved program of education for purposes of chapter 30 

5 of this title. 

6 ‘‘(c) MAXIMUM MONTHS OF ASSISTANCE.—(1) Sub7 ject to section 3695 of this title, the maximum number 

8 of months of educational assistance that may be provided 

9 to any person under this subchapter is 36 (or the equiva10 lent thereof in part-time educational assistance). 

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

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

13 educational assistance allowance described in subpara14 graph (B) shall not— 

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

16 person under this subchapter; or 

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

18 which section 3695 of this title limits a person’s re19 ceipt of assistance. 

20 ‘‘(B) The payment of an educational assistance allow21 ance referred to in subparagraph (A) is the payment of 

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

23 courses under this subchapter if the Secretary finds that 

24 the person— 

mstockstill on PROD1PC66 with BILLS

10 

•HR 1102 IH

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

2 a result of being ordered to serve on active duty 

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

4 or 12304 of title 10; and 

5 ‘‘(ii) failed to receive credit or training time to6 ward completion of the person’s approved edu7 cational, professional, or vocational objective as a re8 sult of having to discontinue, as described in clause 

9 (i), the person’s course pursuit. 

10 ‘‘(C) The period for which, by reason of this para11 graph, an educational assistance allowance is not charged 

12 against entitlement or counted toward the applicable ag13 gregate period under section 3695 of this title shall not 

14 exceed the portion of the period of enrollment in the 

15 course or courses for which the person involved failed to 

16 receive credit or with respect to which such person lost 

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

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

19 Educational assistance is payable under this subchapter 

20 to a person entitled to educational assistance under this 

21 subchapter for pursuit of a full-time program of appren22 ticeship or other on-job training. 

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

24 payment of educational assistance allowances, and the 

25 charge against entitlement for receipt of such allowances, 

mstockstill on PROD1PC66 with BILLS

11 

•HR 1102 IH

1 under this subsection shall be governed by the provisions 

2 of section 3032(c) of this title. 

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

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

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

6 deemed to be a reference to a person entitled to edu7 cational assistance under this subchapter; 

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

9 deemed to be a reference to this subchapter; and 

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

11 assistance allowance otherwise payable to such indi12 vidual’ shall be deemed to be a reference to the 

13 monthly educational assistance allowance otherwise 

14 payable to the person concerned under this sub15 chapter (including any such allowance under sub16 section (a) and any such allowance under subsection 

17 (i)). 

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

19 assistance is payable under this subchapter to a person 

20 entitled to educational assistance under this subchapter 

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

22 program of education exclusively by correspondence. 

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

24 payment of educational assistance allowances, and the 

25 charge against entitlement for receipt of such allowances, 

mstockstill on PROD1PC66 with BILLS

12 

•HR 1102 IH

1 under this subsection shall be governed by the provisions 

2 of section 3032(d) of this title. 

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

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

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

6 to be a reference to a person entitled to educational 

7 assistance under this subchapter; 

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

9 deemed to be a reference to this subchapter; and 

10 ‘‘(iii) a reference to ‘the amount of monthly as11 sistance the individual would otherwise be eligible to 

12 receive for full-time pursuit of an institutional 

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

14 monthly educational assistance allowance otherwise 

15 payable to the person concerned under this sub16 chapter (including any such allowance under sub17 section (a) and any such allowance under subsection 

18 (i)). 

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

20 is payable under this subchapter to a person entitled to 

21 educational assistance under this subchapter for pursuit 

22 of a program of education consisting of exclusively of 

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

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

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

mstockstill on PROD1PC66 with BILLS

13 

•HR 1102 IH

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

2 payment of educational assistance allowances, and the 

3 charge against entitlement for receipt of such allowances, 

4 under this subsection shall be governed by the provisions 

5 of section 3032(e) of this title. 

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

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

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

9 deemed to be a reference to a person entitled to edu10 cational assistance under this subchapter; 

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

12 deemed to be a reference to this subchapter; and 

13 ‘‘(iii) a reference to ‘the monthly rate of edu14 cation assistance which such individual would other15 wise be paid’ shall be deemed to be a reference to 

16 the monthly amount of educational assistance other17 wise payable to the person concerned under this sub18 chapter (including any such allowance under sub19 section (a) and any such allowance under subsection 

20 (i)). 

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

22 Educational assistance is payable under this subchapter 

23 to a person entitled to educational assistance under this 

24 subchapter for a licensing or certification test described 

25 in section 3452(b) of this title. 

mstockstill on PROD1PC66 with BILLS

14 

•HR 1102 IH

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

2 payable for a licensing or certification test, the charge 

3 against entitlement for receipt of such payment, and the 

4 effect of expiration of entitlement on payments, under this 

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

6 of this title. 

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

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

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

10 deemed to be a reference to a person entitled to edu11 cational assistance under this subchapter; 

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

13 deemed to be a reference to this subchapter; and 

14 ‘‘(iii) a reference to ‘the full-time monthly insti15 tutional rate of educational assistance which such in16 dividual would otherwise be paid’ shall be deemed to 

17 a reference to the monthly amount of educational as18 sistance allowance otherwise payable to the person 

19 concerned under this subchapter (including any such 

20 allowance under subsection (a) and any such allow21 ance under subsection (i)). 

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

23 A person entitled to educational assistance under this sub24 chapter is entitled to individualized tutorial assistance in 

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

mstockstill on PROD1PC66 with BILLS

15 

•HR 1102 IH

1 subject to the conditions applicable to an eligible veteran 

2 under that section. 

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

4 provided under this subsection shall be governed by the 

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

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

7 against entitlement of individualized tutorial assistance re8 ceived under this subsection shall be governed by the pro9 visions of section 3019(c) of this title. 

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

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

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

13 deemed to be a reference to a person entitled to edu14 cational assistance under this subchapter; 

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

16 deemed to be a reference to this subchapter; and 

17 ‘‘(iii) a reference to ‘the amount of monthly as18 sistance which the individual is otherwise eligible to 

19 receive for full-time pursuit of an institutional 

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

21 monthly amount of educational assistance allowance 

22 otherwise payable to the person concerned under this 

23 subchapter (including any such allowance under sub24 section (a) and any such allowance under subsection 

25 (i)). 

mstockstill on PROD1PC66 with BILLS

16 

•HR 1102 IH

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

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

3 has a skill or specialty designated by the Secretary of De4 fense as a skill or specialty in which there is a critical 

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

6 or, in the case of critical units, retain personnel, the Sec7 retary of Veterans Affairs may increase the rate of the 

8 educational assistance allowance applicable to that person 

9 to such rate in excess of the rate prescribed under sub10 paragraphs (A) through (D) of subsection (a)(1) as the 

11 Secretary of Veterans Affairs and the Secretary of De12 fense jointly consider appropriate, but the amount of any 

13 such increase may not exceed $350 per month. 

14 ‘‘(2) In the case of a person who has a skill or spe15 cialty designated by the Secretary of Defense as a skill 

16 or specialty in which there is a critical shortage of per17 sonnel or for which it is difficult to recruit or, in the case 

18 of critical units, retain personnel, who is eligible for edu19 cational benefits under chapter 30 (other than section 

20 3012) of this title and who meets the eligibility criteria 

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

22 3302(a)(1) of this title, the Secretary of Veterans Affairs 

23 may increase the rate of the educational assistance allow24 ance applicable to that person to such rate in excess of 

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

mstockstill on PROD1PC66 with BILLS

17 

•HR 1102 IH

1 Secretary of Veterans Affairs and the Secretary of De2 fense jointly consider appropriate, but the amount of any 

3 such increase may not exceed $350 per month. 

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

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

6 under regulations prescribed jointly by the Secretary of 

7 Veterans Affairs and the Secretary of Defense. 

8 ‘‘(j) CONTINUATION OF ENTITLEMENT DURING

9 QUARTER OR SEMESTER OF EXHAUSTION.—The provi10 sions of section 3031(f) of this title shall apply to the pe11 riod of entitlement of a person to educational assistance 

12 under this subchapter. 

13 ‘‘§ 3304. Termination of assistance 

14 ‘‘Educational assistance may not be provided under 

15 this subchapter— 

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

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

18 Senior Reserve Officers’ Training Corps program; or 

19 ‘‘(2) to a member who fails to participate satis20 factorily in required training as a member of the Se21 lected Reserve. 

22 ‘‘§ 3305. Failure to participate satisfactorily; penalties 

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

24 the military department concerned, a member of the Se25 lected Reserve of an Armed Force who does not participate 

mstockstill on PROD1PC66 with BILLS

18 

•HR 1102 IH

1 satisfactorily in required training as a member of the Se2 lected Reserve during a term of enlistment or other period 

3 of obligated service that created entitlement of the mem4 ber to educational assistance under this subchapter, and 

5 during which the member has received such assistance, 

6 may— 

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

8 two years or the period of obligated service the per9 son has remaining under section 3302 of this title, 

10 whichever is less; or 

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

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

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

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

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

16 Selected Reserve. 

17 ‘‘§ 3306. Reports to Congress 

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

19 submit to Congress, not later than March 1 of each odd20 numbered year, a report on the operation of the edu21 cational assistance program carried out under this sub22 chapter during the preceding two fiscal years. 

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

24 the number of members of the Selected Reserve of the 

25 Ready Reserve of each Armed Force receiving, and the 

mstockstill on PROD1PC66 with BILLS

19 

•HR 1102 IH

1 number of such members entitled to receive, educational 

2 assistance under this subchapter during each fiscal year 

3 covered by such report. 

4 ‘‘(b) MODIFICATION OF REPORT FREQUENCY AND

5 REPORT COVERAGE.—The Secretary may submit the re6 port otherwise required by subsection (a) more frequently 

7 than is otherwise required by that subsection and adjust 

8 the period covered by the report accordingly. 

9 ‘‘SUBCHAPTER II—RESERVE COMPONENT MEM10 BERS SUPPORTING CONTINGENCY OPER11 ATIONS AND CERTAIN OTHER OPERATIONS 

12 ‘‘§ 3321. Purpose 

13 ‘‘The purpose of this subchapter is to provide edu14 cational assistance to members of the reserve components 

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

16 or national emergency declared by the President or Con17 gress, in recognition of the sacrifices that those members 

18 make in answering the call to duty. 

19 ‘‘§ 3322. Educational assistance program 

20 ‘‘The Secretary of Veterans Affairs, in consultation 

21 with the Secretary of Defense and the Secretary of Home22 land Security with respect to the Coast Guard when it is 

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

24 under this subchapter a program to provide educational 

25 assistance to members of the Ready Reserve of the Armed 

mstockstill on PROD1PC66 with BILLS

20 

•HR 1102 IH

1 Forces for the purpose specified in section 3321 of this 

2 title. 

3 ‘‘§ 3323. Eligibility 

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

5 member of a reserve component is entitled to educational 

6 assistance under this subchapter if the member— 

7 ‘‘(1) serves on active duty in support of a con8 tingency operation for 90 consecutive days or more; 

9 or 

10 ‘‘(2) in the case of a member of the Army Na11 tional Guard of the United States or Air National 

12 Guard of the United States, performs full time Na13 tional Guard duty under section 502(f) of title 32 

14 for 90 consecutive days or more when authorized by 

15 the President or Secretary of Defense for the pur16 pose of responding to a national emergency declared 

17 by the President and supported by Federal funds. 

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

19 who becomes entitled to educational assistance under sub20 section (a) shall be given a statement in writing prior to 

21 release from active service that summarizes the provisions 

22 of this subchapter and states clearly and prominently the 

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

24 sections may apply to the member. 

mstockstill on PROD1PC66 with BILLS

21 

•HR 1102 IH

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 under sub5 section (a) for each member so entitled to the Secretary 

6 of Veterans Affairs. 

7 ‘‘(c) APPLICABILITY OF CERTAIN SERVICE TOWARD

8 ELIGIBILITY.—A member who qualifies for educational 

9 assistance under this subchapter may not receive credit 

10 for service under both the program established by chapter 

11 30 of this title and the program established by this sub12 chapter, but shall make an irrevocable election (in such 

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

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

15 ‘‘(d) BAR TO DUPLICATION OF EDUCATIONAL AS16 SISTANCE.—(1) Except as provided in paragraph (2), the 

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

18 bar on duplication of receipt of certain educational assist19 ance benefits, apply with respect to the receipt of edu20 cational assistance under this subchapter. 

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

22 the entitlement of a member to educational assistance 

23 under section 3303(i) of this title. 

mstockstill on PROD1PC66 with BILLS

22 

•HR 1102 IH

1 ‘‘§ 3323A. Eligibility of individuals entitled to edu2 cational assistance under former chapter 

3 1607 of title 10 

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

5 section, any individual entitled to educational assistance 

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

7 be entitled to educational assistance under this subchapter 

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

9 and subject to the conditions and limitations provided in 

10 sections 3324 through 3326 of this title. 

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

12 The number of months of entitlement to educational as13 sistance under this subchapter of an individual described 

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

15 1, 2008, shall be equal to the number of months of entitle16 ment of such individual to educational assistance under 

17 chapter 1607 of title 10 that remain unutilized by such 

18 individual as of that date. 

19 ‘‘(c) TIME LIMITATION FOR USE OF ENTITLE20 MENT.—(1) Except as provided in paragraph (2), the pro21 visions of section 16164 of title 10, as in effect on Sep22 tember 30, 2008, shall apply to the time for the use by 

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

24 educational assistance under this subchapter by reason of 

25 this section. 

mstockstill on PROD1PC66 with BILLS

23 

•HR 1102 IH

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

2 shall apply to the duration of the entitlement of an indi3 vidual described by subsection (a) to educational assist4 ance under this subchapter by reason of this section. 

5 ‘‘§ 3324. Amount 

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

7 program under this subchapter shall provide for payment 

8 by the Secretary of an educational assistance allowance 

9 to each member entitled to educational assistance under 

10 this subchapter— 

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

12 education authorized under subsection (b) on a full13 time basis, at the monthly rate of— 

14 ‘‘(i) for months occurring during fiscal 

15 year 2009, the monthly rate payable under sec16 tion 3015(a)(1)(D) of this title for that fiscal 

17 year; and 

18 ‘‘(ii) for months occurring during a subse19 quent fiscal year, the amount for months occur20 ring during the previous fiscal year as increased 

21 under paragraph (2); or 

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

23 education authorized under subsection (b) on less 

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

mstockstill on PROD1PC66 with BILLS

24 

•HR 1102 IH

1 monthly rate, as determined under regulations pre2 scribed by the Secretary. 

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

4 shall provide a percentage increase (rounded to the near5 est dollar) in the rate payable under paragraph (1)(A) 

6 equal to the percentage by which— 

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

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

9 ending on the June 30 preceding the beginning of 

10 the fiscal year for which the increase is made, ex11 ceeds 

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

13 month period preceding the 12-month period de14 scribed in clause (i). 

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

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

17 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu18 cational assistance may be provided under this subchapter 

19 for pursuit of any program of education that is an ap20 proved program of education for purposes of chapter 30 

21 of this title. 

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

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

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

25 contributes under section 3323(a) of this title to the entimstockstill on PROD1PC66 with BILLS

25 

•HR 1102 IH

1 tlement of the member to educational assistance under 

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

3 member is entitled to educational assistance under this 

4 subchapter. 

5 ‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Sub6 ject to section 3695 of this title, the maximum number 

7 of months of educational assistance that may be provided 

8 to any member under this subchapter is 36 (or the equiva9 lent thereof in part-time educational assistance). 

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

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

12 educational assistance allowance described in subpara13 graph (B) shall not— 

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

15 member under this subchapter; or 

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

17 which section 3695 of this title limits a member’s re18 ceipt of assistance. 

19 ‘‘(B) The payment of an educational assistance allow20 ance referred to in subparagraph (A) is the payment of 

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

22 or courses under this subchapter if the Secretary finds 

23 that the member— 

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

25 a result of being ordered to serve on active duty 

mstockstill on PROD1PC66 with BILLS

26 

•HR 1102 IH

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

2 or 12304 of title 10; and 

3 ‘‘(ii) failed to receive credit or training time to4 ward completion of the member’s approved edu5 cational, professional, or vocational objective as a re6 sult of having to discontinue, as described in clause 

7 (i), the member’s course pursuit. 

8 ‘‘(C) The period for which, by reason of this sub9 section, an educational assistance allowance is not charged 

10 against entitlement or counted toward the applicable ag11 gregate period under section 3695 of this title shall not 

12 exceed the portion of the period of enrollment in the 

13 course or courses for which the member involved failed to 

14 receive credit or with respect to which such member lost 

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

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

17 is payable under this subchapter to a person entitled to 

18 educational assistance under this subchapter for pursuit 

19 of a program of education consisting of exclusively of 

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

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

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

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

24 payment of educational assistance allowances, and the 

25 charge against entitlement for receipt of such allowances, 

mstockstill on PROD1PC66 with BILLS

27 

•HR 1102 IH

1 under this subsection shall be governed by the provisions 

2 of section 3032(e) of this title. 

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

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

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

6 deemed to be a reference to a member entitled to 

7 educational assistance under this subchapter; 

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

9 deemed to be a reference to this subchapter; and 

10 ‘‘(iii) a reference to ‘the monthly rate of edu11 cation assistance which such individual would other12 wise be paid’ shall be deemed to be a reference to 

13 the monthly amount payable under subsection 

14 (a)(1)(A). 

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

16 Educational assistance is payable under this subchapter 

17 to a member entitled to educational assistance under this 

18 subchapter for a licensing or certification test described 

19 in section 3452(b) of this title. 

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

21 payable for a licensing or certification test, the charge 

22 against entitlement for receipt of such payment, and the 

23 effect of expiration of entitlement on payments, under this 

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

25 of this title. 

mstockstill on PROD1PC66 with BILLS

28 

•HR 1102 IH

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 member entitled to 

5 educational 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 payable under 

12 subsection (a)(1)(A). 

13 ‘‘§ 3325. Time limitation for use of entitlement 

14 ‘‘(a) DURATION OF ENTITLEMENT.—Except as pro15 vided in subsection (b), a member remains entitled to edu16 cational assistance under this subchapter— 

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

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

19 Reserve, in the case of a member called or or20 dered to active service while serving in the Se21 lected Reserve; or 

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

23 a member ordered to active duty while serving 

24 in the Ready Reserve (other than the Selected 

25 Reserve); and 

mstockstill on PROD1PC66 with BILLS

29 

•HR 1102 IH

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

2 from the Ready Reserve upon the completion of a 

3 service contract under other than dishonorable con4 ditions, and, if applicable, the fulfillment of an exist5 ing military service obligation in accordance with 

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

7 beginning on the date on which the member sepa8 rates from the Ready Reserve. 

9 ‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED

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

11 from the Ready Reserve because of a disability which was 

12 not the result of the person’s own willful misconduct in13 curred on or after the date on which such person became 

14 entitled to educational assistance under this subchapter, 

15 the person’s entitlement to educational assistance expires 

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

17 on which the person became entitled to such assistance. 

18 ‘‘(2) The provisions of subsections (d) and (f) of sec19 tion 3031 of this title shall apply to the period of entitle20 ment prescribed by paragraph (1). 

21 ‘‘§ 3326. Termination of assistance 

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

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

24 subchapter, or if being provided under this subchapter, 

25 shall be terminated— 

mstockstill on PROD1PC66 with BILLS

30 

•HR 1102 IH

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 subparagraph 

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

8 this title, as applicable, unless the member is other9 wise covered by paragraph (2) of such section. 

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

11 the Secretary of Defense, educational assistance may be 

12 provided under this subchapter to a member of the Se13 lected Reserve of the Ready Reserve who incurs a break 

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

15 days if the member continues to serve in the Ready Re16 serve during and after such break in service. 

17 ‘‘SUBCHAPTER III—ADMINISTRATIVE MATTERS 

18 ‘‘§ 3341. Administration of programs 

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

20 3482(g), 3483, and 3485 of this title and the provisions 

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

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

23 be applicable to the provision of educational assistance 

24 under subchapters I and II of this chapter. In the applica25 tion of such provisions for purposes of subchapter I or 

mstockstill on PROD1PC66 with BILLS

31 

•HR 1102 IH

1 II of this chapter, the terms ‘eligible veteran’ and ‘a per2 son’, as used in such provisions, shall be deemed to refer 

3 to a person or member eligible for educational assistance 

4 under the applicable subchapter. 

5 ‘‘§ 3342. Funding 

6 ‘‘(a) FUNDING FOR BENEFITS ACCRUING AFTER OC7 TOBER 1, 2008.—(1) Payments for educational assistance 

8 under this chapter for persons entitled to such assistance 

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

10 from funds appropriated or otherwise made available to 

11 the Department of Veterans Affairs for the payment of 

12 readjustment benefits. 

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

14 section 3323(b) of this title shall be made from funds ap15 propriated or otherwise made available to the Department 

16 of Veterans Affairs for the payment of readjustment bene17 fits. 

18 ‘‘(b) FUNDING FOR BENEFITS ACCRUING BEFORE

19 OCTOBER 1, 2008.—Payments for educational assistance 

20 under this chapter for persons entitled to such assistance 

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

22 from amounts in the Department of Defense Education 

23 Benefits Fund under section 2006 of title 10 that are at24 tributable to armed forces education liabilities under chap25 ters 1606 and 1607 of title 10 that accrue before October 

mstockstill on PROD1PC66 with BILLS

32 

•HR 1102 IH

1 1, 2008. Amounts for such payments shall be made avail2 able to the Secretary in accordance with the provisions of 

3 section 2006(d) of title 10.’’. 

4 (2) CLERICAL AMENDMENTS.—The tables of 

5 chapters at the beginning of title 38, United States 

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

7 are each amended by inserting after the item relat8 ing to chapter 32 the following new item: 

‘‘33. Educational Assistance for Members of the Reserve 

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

9 (c) CONFORMING AMENDMENTS ON BAR ON DUAL

10 ELIGIBILITY FOR BENEFITS.— 

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

12 Code, is amended— 

13 (A) in subsection (a)(1), by striking ‘‘chap14 ter 106 or 107 of title 10’’ and inserting 

15 ‘‘under subchapter I or subchapter II of chap16 ter 33 of this title, under chapter 107 of title 

17 10’’; and 

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

19 106 of title 10’’ and inserting ‘‘subchapter I of 

20 chapter 33 of this title’’. 

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

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

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

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

mstockstill on PROD1PC66 with BILLS

33 

•HR 1102 IH

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.— 

mstockstill on PROD1PC66 with BILLS

34 

•HR 1102 IH

1 (1) CHAPTER 106 OF TITLE 10, UNITED

2 STATES 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. 

mstockstill on PROD1PC66 with BILLS

35 

•HR 1102 IH

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— 

mstockstill on PROD1PC66 with BILLS

36 

•HR 1102 IH

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 

mstockstill on PROD1PC66 with BILLS

37 

•HR 1102 IH

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— 

mstockstill on PROD1PC66 with BILLS

38 

•HR 1102 IH

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 

mstockstill on PROD1PC66 with BILLS

39 

•HR 1102 IH

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 

mstockstill on PROD1PC66 with BILLS

40 

•HR 1102 IH

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 (4) INTERNAL REVENUE CODE OF 1986.—Sec19 tion 25A(g)(2)(B) of the Internal Revenue Code of 

20 1986 is amended by striking ‘‘chapter 30, 31, 32, 

21 34, or 35 of title 38, United States Code, or under 

22 chapter 1606 of title 10, United States Code’’ and 

23 inserting ‘‘chapter 30, 31, 32, 33, 34, or 35 of title 

24 38, United States Code’’. 

25 (g) EFFECTIVE DATE.— 

mstockstill on PROD1PC66 with BILLS

41 

•HR 1102 IH

1 (1) IN GENERAL.—This section and the amend2 ments made by this section shall take effect on Octo3 ber 1, 2008. 

4 (2) NO ADJUSTMENT IN ASSISTANCE AMOUNTS

5 FOR FISCAL YEAR 2009.—The adjustment in 

6 amounts of educational assistance otherwise required 

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

8 38, United States Code (as amended by subsection 

9 (b)), shall not be made. 

Æ 

mstockstill on PROD1PC66 with BILLS