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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1641 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 1641

  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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2007

   Mr. Snyder (for himself, Mr. Filner, Mr. Buyer, Ms. Herseth, Ms. 
   Loretta Sanchez of California, Mr. Reynolds, Mr. Boozman, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Montgomery GI Bill Integration Act 
of 2007''.

SEC. 2. RECODIFICATION IN TITLE 38, UNITED STATES CODE, OF CERTAIN 
              EDUCATIONAL ASSISTANCE PROGRAMS FOR MEMBERS OF THE 
              RESERVE COMPONENTS.

    (a) In General.--Part III of title 38, United States Code, is 
amended by inserting after chapter 32 the following new chapter:

    ``CHAPTER 33--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE RESERVE 
                               COMPONENTS

             ``subchapter i--members of the selected reserve

``Sec
``3301. Educational assistance program: establishment; amount.
``3302. Eligibility for educational assistance.
``3303. Time limitation for use of entitlement.
``3304. Termination of assistance.
``3305. Failure to participate satisfactorily; penalties.
``3306. Administration of program
``3307. Reports to Congress.
   ``subchapter ii--reserve component members supporting contingency 
                operations and certain other operations

``3321. Purpose.
``3322. Educational assistance program.
``3323. Eligibility for educational assistance.
``3324. Time limitation for use of entitlement.
``3325. Termination of assistance.
``3326. Administration of program.

            ``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE

``Sec. 3301. Educational assistance program: establishment; amount
    ``(a) To encourage membership in units of the Selected Reserve of 
the Ready Reserve, the Secretary of each military department, under 
regulations prescribed by the Secretary of Defense, and the Secretary 
of Homeland Security, under regulations prescribed by the Secretary 
with respect to the Coast Guard when it is not operating as a service 
in the Navy, shall establish and maintain a program to provide 
educational assistance to members of the Selected Reserve of the Ready 
Reserve of the Armed Forces under the jurisdiction of the Secretary 
concerned who agree to remain members of the Selected Reserve for a 
period of not less than six years.
    ``(b)(1) Except as provided in subsections (d) through (f), each 
educational assistance program established under subsection (a) shall 
provide for payment by the Secretary of Veterans Affairs of an 
educational assistance allowance to each person entitled to educational 
assistance under this subchapter who is pursuing a program of 
education. The educational assistance allowance shall be paid at the 
following rates:
            ``(A) $309 (as increased from time to time under paragraph 
        (2)) per month for each month of full-time pursuit of a program 
        of education.
            ``(B) $231 (as increased from time to time under paragraph 
        (2)) per month for each month of three-quarter-time pursuit of 
        a program of education.
            ``(C) $153 (as increased from time to time under paragraph 
        (2)) per month for each month of half-time pursuit of a program 
        of education.
            ``(D) an appropriately reduced rate, as determined under 
        regulations which the Secretary of Veterans Affairs shall 
        prescribe, for each month of less than half-time pursuit of a 
        program of education, except that no payment may be made to a 
        person for less than half-time pursuit if tuition assistance is 
        otherwise available to the person for such pursuit from the 
        military department concerned.
    ``(2) With respect to any fiscal year, the Secretary shall provide 
a percentage increase (rounded to the nearest dollar) in the rates 
payable under subparagraphs (A), (B), and (C) of paragraph (1) equal to 
the percentage by which--
            ``(A) the Consumer Price Index (all items, United States 
        city average) for the 12-month period ending on the June 30 
        preceding the beginning of the fiscal year for which the 
        increase is made, exceeds
            ``(B) such Consumer Price Index for the 12-month period 
        preceding the 12-month period described in subparagraph (A).
    ``(c)(1) Educational assistance may be provided under this 
subchapter for pursuit of any program of education that is an approved 
program of education for purposes of chapter 30 of this title.
    ``(2) Subject to section 3695 of this title, the maximum number of 
months of educational assistance that may be provided to any person 
under this subchapter is 36 (or the equivalent thereof in part-time 
educational assistance).
    ``(3)(A) Notwithstanding any other provision of this subchapter or 
chapter 36 of this title, any payment of an educational assistance 
allowance described in subparagraph (B) of this paragraph shall not--
            ``(i) be charged against the entitlement of any individual 
        under this subchapter; or
            ``(ii) be counted toward the aggregate period for which 
        section 3695 of this title limits an individual's receipt of 
        assistance.
    ``(B) The payment of the educational assistance allowance referred 
to in subparagraph (A) of this paragraph is the payment of such an 
allowance to the individual for pursuit of a course or courses under 
this subchapter if the Secretary of Veterans Affairs finds that the 
individual--
            ``(i) had to discontinue such course pursuit as a result of 
        being ordered to serve on active duty under section 12301(a), 
        12301(d), 12301(g), 12302, or 12304 of title 10; and
            ``(ii) failed to receive credit or training time toward 
        completion of the individual's approved educational, 
        professional, or vocational objective as a result of having to 
        discontinue, as described in clause (i), the individual's 
        course pursuit.
    ``(C) The period for which, by reason of this subsection, an 
educational assistance allowance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
this title shall not exceed the portion of the period of enrollment in 
the course or courses for which the individual failed to receive credit 
or with respect to which the individual lost training time, as 
determined under subparagraph (B)(ii).
    ``(d)(1) Except as provided in paragraph (2), the amount of the 
monthly educational assistance allowance payable to a person pursuing a 
full-time program of apprenticeship or other on-the-job training under 
this subchapter is--
            ``(A) for each of the first six months of the person's 
        pursuit of such program, 75 percent of the monthly educational 
        assistance allowance otherwise payable to such person under 
        this subchapter;
            ``(B) for each of the second six months of the person's 
        pursuit of such program, 55 percent of such monthly educational 
        assistance allowance; and
            ``(C) for each of the months following the first 12 months 
        of the person's pursuit of such program, 35 percent of such 
        monthly educational assistance allowance.
    ``(2) In any month in which any person pursuing a program of 
education consisting of a program of apprenticeship or other on-the-job 
training fails to complete 120 hours of training, the amount of the 
monthly educational assistance allowance payable under this subchapter 
to the person shall be limited to the same proportion of the applicable 
full-time rate as the number of hours worked during such month, rounded 
to the nearest 8 hours, bears to 120 hours.
    ``(3)(A) Except as provided in subparagraph (B), for each month 
that such person is paid a monthly educational assistance allowance 
under this subchapter, the person's entitlement under this subchapter 
shall be charged at the rate of--
            ``(i) 75 percent of a month in the case of payments made in 
        accordance with paragraph (1)(A);
            ``(ii) 55 percent of a month in the case of payments made 
        in accordance with paragraph (1)(B); and
            ``(iii) 35 percent of a month in the case of payments made 
        in accordance with paragraph (1)(C).
    ``(B) Any such charge to the entitlement shall be reduced 
proportionately in accordance with the reduction in payment under 
paragraph (2).
    ``(e)(1)(A) The amount of the educational assistance allowance 
payable under this subchapter to a person who enters into an agreement 
to pursue, and is pursuing, a program of education exclusively by 
correspondence is an amount equal to 55 percent of the established 
charge which the institution requires nonveterans to pay for the course 
or courses pursued by such person.
    ``(B) For purposes of subparagraph (A), the term `established 
charge' means the lesser of--
            ``(i) the charge for the course or courses determined on 
        the basis of the lowest extended time payment plan offered by 
        the institution and approved by the appropriate State approving 
        agency; or
            ``(ii) the actual charge to the person for such course or 
        courses.
    ``(C) Such allowance shall be paid quarterly on a pro rata basis 
for the lessons completed by the person and serviced by the 
institution.
    ``(2) In each case in which the amount of educational assistance is 
determined under paragraph (1), the period of entitlement of the person 
concerned shall be charged with one month for each amount equal to the 
amount of the monthly rate payable under subsection (b)(1)(A) for the 
fiscal year concerned which is paid to the individual as an educational 
assistance allowance.
    ``(f)(1) Each individual who is pursuing a program of education 
consisting exclusively of flight training approved as meeting the 
requirements of section 3306(c) of this title shall be paid an 
educational assistance allowance under this subchapter in the amount 
equal to 60 percent of the established charges for tuition and fees 
which similarly circumstanced nonveterans enrolled in the same flight 
course are required to pay.
    ``(2) No educational assistance allowance may be paid under this 
subchapter to an individual for any month during which such individual 
is pursuing a program of education consisting exclusively of flight 
training until the Secretary has received from that individual and the 
institution providing such training a certification of the flight 
training received by the individual during that month and the tuition 
and other fees charged for that training.
    ``(3) The period of entitlement of an individual pursuing a program 
of education described in paragraph (1) shall be charged with one month 
for each amount equal to the amount of the monthly rate payable under 
subsection (b)(1)(A) for the fiscal year concerned which is paid to 
that individual as an educational assistance allowance for such 
program.
    ``(4) The number of solo flying hours for which an individual may 
be paid an educational assistance allowance under this subsection may 
not exceed the minimum number of solo flying hours required by the 
Federal Aviation Administration for the flight rating or certification 
which is the goal of the individual's flight training.
    ``(g)(1)(A) Subject to subparagraph (B), the Secretary of Veterans 
Affairs shall approve individualized tutorial assistance for any person 
entitled to educational assistance under this subchapter who--
            ``(i) is enrolled in and pursuing a postsecondary course of 
        education on a half-time or more basis at an educational 
        institution; and
            ``(ii) has a deficiency in a subject required as a part of, 
        or which is prerequisite to, or which is indispensable to the 
        satisfactory pursuit of, the program of education.
    ``(B) The Secretary of Veterans Affairs shall not approve 
individualized tutorial assistance for a person pursuing a program of 
education under this paragraph unless such assistance is necessary for 
the person to successfully complete the program of education.
    ``(2)(A) Subject to subparagraph (B), the Secretary of Veterans 
Affairs shall pay to a person receiving individualized tutorial 
assistance pursuant to paragraph (1) a tutorial assistance allowance. 
The amount of the allowance payable under this paragraph may not exceed 
$100 for any month, nor aggregate more than $1,200. The amount of the 
allowance paid under this paragraph shall be in addition to the amount 
of educational assistance allowance payable to a person under this 
subchapter.
    ``(B) A tutorial assistance allowance may not be paid to a person 
under this paragraph until the educational institution at which the 
person is enrolled certifies that--
            ``(i) the individualized tutorial assistance is essential 
        to correct a deficiency of the person in a subject required as 
        a part of, or which is prerequisite to, or which is 
        indispensable to the satisfactory pursuit of, an approved 
        program of education;
            ``(ii) the tutor chosen to perform such assistance is 
        qualified to provide such assistance and is not the person's 
        parent, spouse, child (whether or not married or over eighteen 
        years of age), brother, or sister; and
            ``(iii) the charges for such assistance do not exceed the 
        customary charges for such tutorial assistance.
    ``(3)(A) A person's period of entitlement to educational assistance 
under this subchapter shall be charged only with respect to the amount 
of tutorial assistance paid to the person under this subsection in 
excess of $600.
    ``(B) A person's period of entitlement to educational assistance 
under this subchapter shall be charged at the rate of one month for 
each amount of assistance paid to the individual under this section in 
excess of $600 that is equal to the amount of the monthly educational 
assistance allowance which the person is otherwise eligible to receive 
for full-time pursuit of an institutional course under this subchapter.
    ``(h) A program of education in a course of instruction beyond the 
baccalaureate degree level shall be provided under this subchapter, 
subject to the availability of appropriations.
    ``(i)(1) In the case of a person who has a skill or specialty 
designated by the Secretary concerned as a skill or specialty in which 
there is a critical shortage of personnel or for which it is difficult 
to recruit or, in the case of critical units, retain personnel, the 
Secretary concerned may increase the rate of the educational assistance 
allowance applicable to that person to such rate in excess of the rate 
prescribed under subparagraphs (A) through (D) of subsection (b)(1) as 
the Secretary of Defense considers appropriate, but the amount of any 
such increase may not exceed $350 per month.
    ``(2) In the case of a person who has a skill or specialty 
designated by the Secretary concerned as a skill or specialty in which 
there is a critical shortage of personnel or for which it is difficult 
to recruit or, in the case of critical units, retain personnel, who is 
eligible for educational benefits under chapter 30 (other than section 
3012) of this title and who meets the eligibility criteria specified in 
subparagraphs (A) and (B) of section 3302(a)(1) of this title, the 
Secretary concerned may increase the rate of the educational assistance 
allowance applicable to that person to such rate in excess of the rate 
prescribed under section 3015 of this title as the Secretary of Defense 
considers appropriate, but the amount of any such increase may not 
exceed $350 per month.
    ``(3) The authority provided by paragraphs (1) and (2) shall be 
exercised by the Secretaries concerned under regulations prescribed by 
the Secretary of Defense.
    ``(j)(1) Subject to paragraph (3), the amount of educational 
assistance payable under this subchapter for a licensing or 
certification test described in section 3452(b) of this title is the 
lesser of $2,000 or the fee charged for the test.
    ``(2) The number of months of entitlement charged in the case of 
any individual for such licensing or certification test is equal to the 
number (including any fraction) determined by dividing the total amount 
of educational assistance paid such individual for such test by the 
full-time monthly institutional rate of educational assistance which, 
but for paragraph (1), such individual would otherwise be paid under 
subsection (b).
    ``(3) In no event shall payment of educational assistance under 
this subsection for such a test exceed the amount of the individual's 
available entitlement under this subchapter.
``Sec. 3302. Eligibility for educational assistance
    ``(a) A person who--
            ``(1) after June 30, 1985--
                    ``(A) enlists, reenlists, or extends an enlistment 
                as a Reserve for service in the Selected Reserve for a 
                period of not less than six years; or
                    ``(B) is appointed as, or is serving as, a reserve 
                officer and agrees to serve in the Selected Reserve for 
                a period of not less than six years in addition to any 
                other period of obligated service in the Selected 
                Reserve to which the person may be subject; and
            ``(2) before applying for benefits under this section, has 
        completed the requirements of a secondary school diploma (or an 
        equivalency certificate);
is entitled to educational assistance under section 3301 of this title.
    ``(b) Educational assistance may not be provided to a member under 
this subchapter until the member has completed the initial period of 
active duty for training required of the member.
    ``(c) Each person who becomes entitled to educational assistance 
under subsection (a) shall at the time the person becomes so entitled 
be given a statement in writing summarizing the provisions of this 
subchapter and stating clearly and prominently the substance of 
sections 3304 and 3305 of this title as such sections may apply to the 
person. At the request of the Secretary of Veterans Affairs, the 
Secretary of Defense shall transmit a notice of entitlement for each 
such person to that Secretary.
    ``(d) A person who serves in the Selected Reserve may not receive 
credit for such service under both the program established by chapter 
30 of this title and the program established by this subchapter but 
shall elect (in such form and manner as the Secretary of Veterans 
Affairs may prescribe) the program to which such service is to be 
credited. However, a person may not receive credit under the program 
established by this subchapter for service (in any grade) on full-time 
active duty or full-time National Guard duty for the purpose of 
organizing, administering, recruiting, instructing, or training the 
reserve components in a position which is included in the end strength 
required to be authorized each year by section 115(a)(1)(B) of title 
10.
``Sec. 3303. Time limitation for use of entitlement
    ``(a) Except as provided in subsection (b), the period during which 
a person entitled to educational assistance under this subchapter may 
use such person's entitlement expires (1) at the end of the 14-year 
period beginning on the date on which such person becomes entitled to 
such assistance, or (2) on the date the person is separated from the 
Selected Reserve, whichever occurs first.
    ``(b)(1) In the case of a person--
            ``(A) who is separated from the Selected Reserve because of 
        a disability which was not the result of the individual's own 
        willful misconduct incurred on or after the date on which such 
        person became entitled to educational assistance under this 
        subchapter; or
            ``(B) who, on or after the date on which such person became 
        entitled to educational assistance under this subchapter ceases 
        to be a member of the Selected Reserve during the period 
        beginning on October 1, 1991, and ending on December 31, 2001, 
        by reason of the inactivation of the person's unit of 
        assignment or by reason of involuntarily ceasing to be 
        designated as a member of the Selected Reserve pursuant to 
        section 10143(a) of title 10,
        the period for using entitlement prescribed by subsection (a) 
        shall be determined without regard to clause (2) of such 
        subsection.
    ``(2) The provisions of section 3031(f) of this title shall apply 
to the period of entitlement prescribed by subsection (a).
    ``(3) The provisions of section 3031(d) of this title shall apply 
to the period of entitlement prescribed by subsection (a) in the case 
of a disability incurred in or aggravated by service in the Selected 
Reserve.
    ``(4) In the case of a member of the Selected Reserve of the Ready 
Reserve who serves on active duty pursuant to an order to active duty 
issued under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of 
title 10--
            ``(A) the period of such active duty service plus four 
        months shall not be considered in determining the expiration 
        date applicable to such member under subsection (a); and
            ``(B) the member may not be considered to have been 
        separated from the Selected Reserve for the purposes of clause 
        (2) of such subsection by reason of the commencement of such 
        active duty service.
``Sec. 3304. Termination of assistance
    ``Educational assistance may not be provided under this 
subchapter--
            ``(1) to a member receiving financial assistance under 
        section 2107 of title 10 as a member of the Senior Reserve 
        Officers' Training Corps program; or
            ``(2) to a member who fails to participate satisfactorily 
        in required training as a member of the Selected Reserve.
``Sec. 3305. Failure to participate satisfactorily; penalties
    ``(a) Penalties.--At the option of the Secretary concerned, a 
member of the Selected Reserve of an armed force who does not 
participate satisfactorily in required training as a member of the 
Selected Reserve during a term of enlistment or other period of 
obligated service that created entitlement of the member to educational 
assistance under this subchapter, and during which the member has 
received such assistance, may--
            ``(1) be ordered to active duty for a period of two years 
        or the period of obligated service the person has remaining 
        under section 3302 of this title, whichever is less; or
            ``(2) be subject to the repayment provisions under section 
        303a(e) of title 37.
    ``(b) Effect of Repayment.--Any repayment under section 303a(e) of 
title 37 shall not affect the period of obligation of a member to serve 
as a Reserve in the Selected Reserve.
``Sec. 3306. Administration of program
    ``(a) Funding for Benefits Accruing After October 1, 2008.--
Payments for educational assistance under this subchapter shall be made 
from funds appropriated or otherwise made available to the Department 
of Veterans Affairs for the payment of readjustment benefits.
    ``(b) Funding for Benefits Accruing Before October 1, 2008.--
Payments for educational assistance under this subchapter shall be made 
from amounts in the Department of Defense Education Benefits Fund under 
section 2006 of title 10 that are attributable to armed forces 
education liabilities under chapter 1606 of title 10 that accrue before 
October 1, 2008. Amounts for such payments shall be made available to 
the Secretary in accordance with the provisions of section 2006(d) of 
title 10.
    ``(c) Program Management.--Except as otherwise provided in this 
subchapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 
3483, and 3485 of this title and the provisions of subchapters I and II 
of chapter 36 of this title (with the exception of sections 3686(a), 
3687, and 3692) shall be applicable to the provision of educational 
assistance under this subchapter. The term `eligible veteran' and the 
term `a person', as used in those provisions, shall be deemed for the 
purpose of the application of those provisions to this subchapter to 
refer to a person eligible for educational assistance under this 
subchapter.
    ``(d) Flight Training.--The Secretary of Veterans Affairs may 
approve the pursuit of flight training (in addition to a course of 
flight training that may be approved under section 3680A(b) of this 
title) by an individual entitled to educational assistance under this 
subchapter if--
            ``(1) such training is generally accepted as necessary for 
        the attainment of a recognized vocational objective in the 
        field of aviation;
            ``(2) the individual possesses a valid private pilot 
        certificate and meets, on the day the individual begins a 
        course of flight training, the medical requirements necessary 
        for a commercial pilot certificate; and
            ``(3) the flight school courses meet Federal Aviation 
        Administration standards for such courses and are approved by 
        the Federal Aviation Administration and the State approving 
        agency.
``Sec. 3307. Biennial report to Congress
    ``The Secretary of Defense shall submit to Congress a report not 
later than March 1 of each odd-numbered year concerning the operation 
of the educational assistance program established by this subchapter 
during the preceding two fiscal years. Each such report shall include 
the number of members of the Selected Reserve of the Ready Reserve of 
each armed force receiving, and the number entitled to receive, 
educational assistance under this subchapter during those fiscal years. 
The Secretary may submit the report more frequently and adjust the 
period covered by the report accordingly.

   ``SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY 
                OPERATIONS AND CERTAIN OTHER OPERATIONS

``Sec. 3321. Purpose
    ``The purpose of this subchapter is to provide educational 
assistance to members of the reserve components called or ordered to 
active service in response to a war or national emergency declared by 
the President or Congress, in recognition of the sacrifices that those 
members make in answering the call to duty.
``Sec. 3322. Educational assistance program
    ``(a) Program Establishment.--The Secretary of each military 
department, under regulations prescribed by the Secretary of Defense, 
and the Secretary of Homeland Security with respect to the Coast Guard 
when it is not operating as a service in the Navy, shall establish and 
maintain a program as prescribed in this subchapter to provide 
educational assistance to members of the Ready Reserve of the Armed 
Forces under the jurisdiction of the Secretary concerned.
    ``(b) Authorized Education Programs.--Educational assistance may be 
provided under this subchapter for pursuit of any program of education 
that is an approved program of education for purposes of chapter 30 of 
this title.
    ``(c) Benefit Amount.--(1) The educational assistance program 
established under subsection (a) shall provide for payment by the 
Secretary of Veterans Affairs of an educational assistance allowance to 
each member entitled to educational assistance under this subchapter 
who is pursuing a program of education authorized under subsection (b).
    ``(2) The educational assistance allowance provided under this 
subchapter shall be based on the applicable percent under paragraph (4) 
to the applicable rate provided under section 3015 of this title for a 
member whose entitlement is based on completion of an obligated period 
of active duty of three years.
    ``(3) The educational assistance allowance provided under this 
section for a person who is undertaking a program for which a reduced 
rate is specified in chapter 30 of this title, that rate shall be 
further adjusted by the applicable percent specified in paragraph (4).
    ``(4) The adjusted educational assistance allowance under paragraph 
(2) or (3), as applicable, shall be--
            ``(A) 40 percent in the case of a member of a reserve 
        component who performed active service for 90 consecutive days 
        but less than one continuous year;
            ``(B) 60 percent in the case of a member of a reserve 
        component who performed active service for one continuous year 
        but less than two continuous years; or
            ``(C) 80 percent in the case of a member of a reserve 
        component who performed active service for two continuous years 
        or more.
    ``(d) Maximum Months of Assistance.--(1) Subject to section 3695 of 
this title, the maximum number of months of educational assistance that 
may be provided to any member under this subchapter is 36 (or the 
equivalent thereof in part-time educational assistance).
    ``(2)(A) Notwithstanding any other provision of this subchapter or 
chapter 36 of this title, any payment of an educational assistance 
allowance described in subparagraph (B) shall not--
            ``(i) be charged against the entitlement of any individual 
        under this subchapter; or
            ``(ii) be counted toward the aggregate period for which 
        section 3695 of this title limits an individual's receipt of 
        assistance.
    ``(B) The payment of the educational assistance allowance referred 
to in subparagraph (A) is the payment of such an allowance to the 
individual for pursuit of a course or courses under this subchapter if 
the Secretary of Veterans Affairs finds that the individual--
            ``(i) had to discontinue such course pursuit as a result of 
        being ordered to serve on active duty under section 12301(a), 
        12301(d), 12301(g), 12302, or 12304 of title 10; and
            ``(ii) failed to receive credit or training time toward 
        completion of the individual's approved educational, 
        professional, or vocational objective as a result of having to 
        discontinue, as described in clause (i), the individual's 
        course pursuit.
    ``(C) The period for which, by reason of this subsection, an 
educational assistance allowance is not charged against entitlement or 
counted toward the applicable aggregate period under section 3695 of 
this title shall not exceed the portion of the period of enrollment in 
the course or courses for which the individual failed to receive credit 
or with respect to which the individual lost training time, as 
determined under subparagraph (B)(ii).
    ``(e) Availability of Assistance for Licensing and Certification 
Tests.--The provisions of section 3301(j) of this title shall apply to 
the provision of educational assistance under this subchapter, except 
that, in applying such section under this subchapter, the reference to 
subsection (b) in paragraph (2) of such section is deemed to be a 
reference to subsection (c) of this section.
``Sec. 3323. Eligibility for educational assistance
    ``(a) Eligibility.--On or after September 11, 2001, a member of a 
reserve component is entitled to educational assistance under this 
subchapter if the member--
            ``(1) served on active duty in support of a contingency 
        operation for 90 consecutive days or more; or
            ``(2) in the case of a member of the Army National Guard of 
        the United States or Air National Guard of the United States, 
        performed full time National Guard duty under section 502(f) of 
        title 32 for 90 consecutive days or more when authorized by the 
        President or Secretary of Defense for the purpose of responding 
        to a national emergency declared by the President and supported 
        by Federal funds.
    ``(b) Disabled Members.--Notwithstanding the eligibility 
requirements in subsection (a), a member who was ordered to active 
service as prescribed under subsection (a)(1) or (a)(2) but is released 
from duty before completing 90 consecutive days because of an injury, 
illness or disease incurred or aggravated in the line of duty shall be 
entitled to educational assistance under this subchapter at the rate 
prescribed in section 3322(c)(4)(A) of this title.
    ``(c) Written Notification.--(1) Each member who becomes entitled 
to educational assistance under subsection (a) shall be given a 
statement in writing prior to release from active service that 
summarizes the provisions of this subchapter and stating clearly and 
prominently the substance of section 3325 of this title as such section 
may apply to the member.
    ``(2) At the request of the Secretary of Veterans Affairs, the 
Secretary concerned shall transmit a notice of entitlement for each 
such member to that Secretary.
    ``(d) Bar From Dual Eligibility.--A member who qualifies for 
educational assistance under this subchapter may not receive credit for 
such service under both the program established by chapter 30 of this 
title and the program established by this subchapter but shall make an 
irrevocable election (in such form and manner as the Secretary of 
Veterans Affairs may prescribe) as to the program to which such service 
is to be credited.
    ``(e) Bar From Duplication of Educational Assistance Allowance.--
            ``(1) Except as provided in paragraph (2), an individual 
        entitled to educational assistance under this subchapter who is 
        also eligible for educational assistance under subchapter I of 
        this chapter, chapter 30, 31, 32, or 35 of this title, or under 
        the Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 
        5561 note) may not receive assistance under more than one such 
        programs and shall elect (in such form and manner as the 
        Secretary of Veterans Affairs may prescribe) under which 
        program the member elects to receive educational assistance.
            ``(2) The restriction on duplication of educational 
        assistance under paragraph (1) does not apply to the 
        entitlement of educational assistance under section 3301(i) of 
        this title.
``Sec. 3324. Time limit for use of entitlement
    ``(a) Duration of Entitlement.--Except as provided in subsection 
(b), a member remains entitled to educational assistance under this 
subchapter while serving--
            ``(1) in the Selected Reserve of the Ready Reserve, in the 
        case of a member called or ordered to active service while 
        serving in the Selected Reserve; or
            ``(2) in the Ready Reserve, in the case of a member ordered 
        to active duty while serving in the Ready Reserve (other than 
        the Selected Reserve).
    ``(b) Duration of Entitlement for Disabled Members.--(1) In the 
case of a person who is separated from the Ready Reserve because of a 
disability which was not the result of the individual's own willful 
misconduct incurred on or after the date on which such person became 
entitled to educational assistance under this subchapter, such person's 
entitlement to educational assistance expires at the end of the 10-year 
period beginning on the date on which such person became entitled to 
such assistance.
    ``(2) The provisions of subsections (d) and (f) of section 3031 of 
this title shall apply to the period of entitlement prescribed by 
paragraph (1).
``Sec. 3325. Termination of assistance
    ``(a) In General.--Except as provided in subsection (b), 
educational assistance may not be provided under this subchapter, or if 
being provided under this subchapter, shall be terminated--
            ``(1) if the member is receiving financial assistance under 
        section 2107 of title 10 as a member of the Senior Reserve 
        Officers' Training Corps program; or
            ``(2) when the member separates from the Ready Reserve, as 
        provided for under section 3324(a)(1) or section 3324(a)(2), as 
        applicable, of this title.
    ``(b) Exception.--Under regulations prescribed by the Secretary of 
Defense, educational assistance may be provided under this subchapter 
to a member of the Selected Reserve of the Ready Reserve who incurs a 
break in service in the Selected Reserve of not more than 90 days if 
the member continues to serve in the Ready Reserve during and after 
such break in service.
``Sec. 3326. Administration of program
    ``(a) Funding for Benefits Accruing After October 1, 2008.--
Payments for educational assistance under this subchapter shall be made 
from funds appropriated or otherwise made available to the Department 
of Veterans Affairs for the payment of readjustment benefits.
    ``(b) Funding for Benefits Accruing Before October 1, 2008.--
Payments for educational assistance under this subchapter shall be made 
from amounts in the Department of Defense Education Benefits Fund under 
section 2006 of title 10 that are attributable to armed forces 
education liabilities under chapter 1607 of title 10 that accrue before 
October 1, 2008. Amounts for such payments shall be made available to 
the Secretary in accordance with the provisions of section 2006(d) of 
title 10.
    ``(c) Program Management.--Except as otherwise provided in this 
subchapter, the provisions of sections 503, 511, 3470, 3471, 3474, 
3476, 3482(g), 3483, and 3485 of this title and the provisions of 
subchapters I and II of chapter 36 of this title (with the exception of 
sections 3686(a), 3687, and 3692) shall be applicable to the provision 
of educational assistance under this subchapter. The term `eligible 
veteran' and the term `person', as used in those provisions, shall be 
deemed for the purpose of the application of those provisions to this 
subchapter to refer to a person eligible for educational assistance 
under this subchapter.
    ``(d) Flight Training.--The Secretary of Veterans Affairs may 
approve the pursuit of flight training (in addition to a course of 
flight training that may be approved under section 3680A(b) of this 
title) by an individual entitled to educational assistance under this 
subchapter if--
            ``(1) such training is generally accepted as necessary for 
        the attainment of a recognized vocational objective in the 
        field of aviation;
            ``(2) the individual possesses a valid private pilot 
        certificate and meets, on the day the member begins a course of 
        flight training, the medical requirements necessary for a 
        commercial pilot certificate; and
            ``(3) the flight school courses meet Federal Aviation 
        Administration standards for such courses and are approved by 
        the Federal Aviation Administration and the State approving 
        agency.''.
    (b) Clerical Amendments.--The tables of chapters at the beginning 
of title 38, United States Code, and at the beginning of part III of 
such title, are each amended by inserting after the item relating to 
chapter 32 the following new item:

``33. Educational Assistance for Members of the Reserve         3301''.
                            Components.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Conforming Amendments on Bar on Dual Eligibility for 
Benefits.--
            (1) Section 3033 of title 38, United States Code, is 
        amended--
                    (A) in subsection (a)(1), by striking ``chapter 106 
                or 107 of title 10'' and inserting ``under subchapter I 
                or subchapter II of chapter 33 of this title, under 
                chapter 107 of title 10''; and
                    (B) in subsection (c), by striking ``chapter 106 of 
                title 10'' and inserting ``subchapter I of chapter 33 
                of this title''.
            (2) Section 3221(f) of such title is amended by striking 
        ``chapter 106 of title 10'' and inserting ``subchapter I of 
        chapter 33 of this title''.
            (3) Section 3681 of such title is amended--
                    (A) in subsection (a), by striking ``34, 35, or 36 
                of this title or 106 or 107 of title 10,'' and 
                inserting ``33, 34, 35, or 36 of this title''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting before 
                        the period the following: ``, and subchapters I 
                        and II of chapter 33 of this title''; and
                            (ii) in paragraph (2), by striking 
                        ``Chapters 106 and'' and inserting ``Chapter''.
    (b) Conforming Amendments Relating to Department of Defense 
Education Benefits Fund.--
            (1) Definition of armed forces education liabilities.--
        Paragraph (1) of section 2006(b) of title 10, United States 
        Code, is amended to read as follows:
            ``(1) The term `armed forces education liabilities' means 
        liabilities of the armed forces for benefits under chapters 30 
        and 33 of title 38 and for Department of Defense benefits under 
        paragraphs (3) and (4) of section 510(e) of this title, 
        including funds provided by the Secretary of Homeland Security 
        for education liabilities for the Coast Guard when it is not 
        operating as a service in the Department of the Navy. The term 
        includes Department of Defense benefits under chapters 1606 and 
        1607 of this title, as in effect immediately before the date of 
        the enactment of the Montgomery GI Bill Integration Act of 
        2007, for persons who became entitled to educational assistance 
        under such chapters before that date and use, on or after that 
        date, the benefits to which the persons became entitled.''.
            (2) Definition of normal cost.--Paragraph (2) of such 
        section is amended by striking subparagraph (C) and inserting 
        the following new subparagraph:
                    ``(C) The present value of the future Department of 
                Defense benefits payable from the Fund (including funds 
                from the Department in which the Coast Guard is 
                operating) for--
                            ``(i) educational assistance under chapter 
                        33 of title 38 to persons who during such 
                        period become entitled to such assistance; and
                            ``(ii) educational assistance under 
                        chapters 1606 and 1607 of this title, as in 
                        effect immediately before the date of the 
                        enactment of the Montgomery GI Bill Integration 
                        Act of 2007, to persons who became entitled to 
                        such assistance under such chapters before that 
                        date and will be able to use, on or after that 
                        date, the benefits to which the persons became 
                        entitled.''.
    (c) Cross-Reference Amendments.--
            (1) Chapter 106 of title 10, united states code.--
                    (A) Section 2131 of title 10, United States Code, 
                is amended to read as follows:
``Sec. 2131. Reference to subchapter I of chapter 33 of title 38
    ``Provisions of law related to educational assistance for members 
of the Selected Reserve under the Montgomery GI Bill program, as 
formerly set forth in this chapter and chapter 1606 of this title, are 
set forth in subchapter I of chapter 33 of title 38 (beginning with 
section 3301 of title 38).''.
                    (B) The table of sections at the beginning of 
                chapter 106 of such title is amended by striking the 
                item relating to section 2131 and inserting the 
                following new item:

``2131. Reference to subchapter I of chapter 33 of title 38.''.
            (2) Chapter 1606 of title 10, united states code.--Chapter 
        1606 of such title is amended by striking all after the chapter 
        heading and inserting the following:

``Sec
``16131. Reference to subchapter I of chapter 33 of title 38.
``Sec. 16131. Reference to subchapter I of chapter 33 of title 38
    ``Provisions of law related to educational assistance for members 
of the Selected Reserve under the Montgomery GI Bill program, as 
formerly set forth in this chapter, are set forth in subchapter I of 
chapter 33 of title 38 (beginning with section 3301 of that title).''.
            (3) Chapter 1607 of title 10, united states code.--Chapter 
        1607 of such title is amended by striking all after the chapter 
        heading and inserting the following:

``Sec
``16161. Reference to subchapter II of chapter 33 of title 38.
``Sec. 16161. Reference to subchapter II of chapter 33 of title 38
    ``Provisions of law related to educational assistance for members 
of the reserve components of the Armed Forces supporting contingency 
operations and certain other operations, as formerly set forth in this 
chapter, are set forth in subchapter II of chapter 33 of title 38 
(beginning with section 3321 of that title).''.
    (d) Additional Conforming Amendments.--
            (1) Title 38, united states code.--
                    (A) Section 3485 of title 38, United States Code, 
                is amended--
                            (i) in subsection (a)(4)(E), by striking 
                        ``chapter 1606 or 1607 of title 10'' and 
                        inserting ``chapter 33 of this title'';
                            (ii) in subsection (b), by striking 
                        ``chapter 30, 31, 32, or 34 of this title or 
                        chapter 1606 or 1607 of title 10,'' and 
                        inserting ``chapter 30, 31, 32, 33, or 34 of 
                        this title''; and
                            (iii) in subsection (e)(1)--
                                    (I) by striking ``, chapter 30, 31, 
                                32, 35, or 36 of this title, or chapter 
                                1606 or 1607 of title 10'' and 
                                inserting ``or chapter 30, 31, 32, 33, 
                                35, or 36 of this title''; and
                                    (II) by striking ``section 2135 of 
                                such title'' and inserting ``section 
                                3305 of this title''.
                    (B) Section 3672(c) of such title is amended--
                            (i) in paragraph (3)(A), by striking 
                        ``chapters 30 and 35 of this title and chapter 
                        1606 of title 10'' and inserting ``chapters 30, 
                        33, and 35 of this title''; and
                            (ii) in paragraph (4), by striking 
                        ``chapter 30 or 35 of this title, or chapter 
                        1606 of title 10, as the case may be'' and 
                        inserting ``chapter 30, 33, or 35 of this 
                        title''.
                    (C) Section 3680A(d)(1) of such title is amended--
                            (i) by striking ``or under chapter 106 of 
                        title 10'' the first place it appears; and
                            (ii) by striking ``or chapter 30, 31, 32, 
                        or 35 of this title or under chapter 106 of 
                        title 10'' and inserting ``or chapter 30, 31, 
                        32, 33, or 35 of this title''.
                    (D) Section 3684A(a)(1) of such title is amended by 
                striking ``chapter 30 or 32 of this title or in chapter 
                106 of title 10'' and inserting ``chapter 30, 32, or 33 
                of this title''.
                    (E) Section 3688(b) of such title is amended by 
                striking ``, chapter 30, 32, or 35 of this title, or 
                chapter 106 of title 10'' and inserting ``or chapter 
                30, 32, 33, or 35 of this title''.
                    (F) Section 3689 of such title is amended by 
                inserting ``33,'' after ``32,'' each place it appears.
                    (G) Section 3692 of such title is amended--
                            (i) in subsection (a), by striking ``or 35 
                        of this title and chapter 1606 of title 10'' 
                        and inserting ``33, or 35 of this title''; and
                            (ii) in subsection (b), by striking ``, 
                        chapters 30, 32, and 35 of this title, and 
                        chapter 1606 of title 10'' and inserting ``and 
                        chapters 30, 32, 33, and 35 of this title''.
                    (H) Section 3695(a) of such title is amended--
                            (i) by striking paragraph (4) and inserting 
                        the following new paragraph (4):
            ``(4) Chapters 30, 32, 34, 35, and 36 of this title and 
        subchapters I and II of chapter 33 of this title.''; and
                            (ii) in paragraph (5), by striking ``, 
                        1606, 1607,''.
                    (I) Section 3697(a) of such title is amended by 
                striking ``chapter 30, 32, 34, or 35 of this title, or 
                chapter 106 of title 10,'' and inserting ``chapter 30, 
                32, 33, 34, or 35 of this title''.
                    (J) Section 3697A(b)(1) of such title is amended by 
                striking ``or 32 of this title or chapter 106 or 107 of 
                title 10'' and inserting ``32, or 33 of this title''.
            (2) Title 10, united states code.--Section 510(h) of title 
        10, United States Code, is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``additional educational assistance under 
                        chapter 1606 of this title or to basic 
                        educational assistance under subchapter II of 
                        chapter 30 of title 38'' and inserting ``basic 
                        educational assistance under subchapter II of 
                        chapter 30 of title 38 or educational 
                        assistance under subchapter I of chapter 33 of 
                        that title''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``chapter 1606 of 
                                this title or chapter 30 of title 38'' 
                                and inserting ``chapter 30 or 
                                subchapter I of chapter 33 of title 
                                38''; and
                                    (II) by striking ``either such 
                                chapter'' each place it appears and 
                                inserting ``either such provisions''; 
                                and
                    (B) in paragraph (3)(A), by striking ``educational 
                assistance under chapter 1606 of this title'' and all 
                that follows through ``as the case may be'' and 
                inserting ``basic educational assistance under chapter 
                30 of title 38 or educational assistance under 
                subchapter I of chapter 33 of that title from an 
                entitlement to such basic educational assistance under 
                chapter 30 of that title or educational assistance 
                under subchapter I of chapter 33 of that title, as the 
                case may be''.
            (3) Elementary and secondary education act of 1965.--
        Section 2304(g) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6674(g)) is amended by striking ``chapter 30 
        of title 38 or chapter 1606 of title 10'' and inserting 
        ``chapter 30 or 33 of title 38''.
            (4) Internal revenue code of 1986.--Section 25A(g)(2)(B) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``chapter 30, 31, 32, 34, or 35 of title 38, United States 
        Code, or under chapter 1606 of title 10, United States Code'' 
        and inserting ``chapter 30, 31, 32, 33, 34, or 35 of title 38, 
        United States Code''.
                                 <all>
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