I 

108TH CONGRESS 

2D SESSION H. R. 5081

To amend title 10, United States Code, to provide for a new program 

of educational assistance for certain reserve component members of the 

Armed Forces who perform active service. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2004

Mr. BEAUPREZ (for himself and Mr. SWEENEY) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL

To amend title 10, United States Code, to provide for a 

new program of educational assistance for certain reserve 

component members of the Armed Forces who perform 

active service.

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

3 SECTION 1. EDUCATIONAL ASSISTANCE FOR CERTAIN RE4 SERVE COMPONENT MEMBERS WHO PER5 FORM ACTIVE SERVICE. 

6 (a) ESTABLISHMENT OF PROGRAM.—Part IV of sub7 title E of title 10, United States Code, is amended by in8 serting after chapter 1606 the following new chapter: 
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1 ‘‘CHAPTER 1607—EDUCATIONAL ASSIST2 ANCE FOR RESERVE COMPONENT 

3 MEMBERS SUPPORTING CONTIN4 GENCY OPERATIONS AND CERTAIN 

5 OTHER OPERATIONS

‘‘Sec. 

‘‘16161. Purpose. 

‘‘16162. Educational assistance program. 

‘‘16163. Eligibility for educational assistance. 

‘‘16164. Time limitation for use of entitlement. 

‘‘16165. Termination of assistance. 

‘‘16166. Administration of program.

6 ‘‘§ 16161. Purpose 

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

8 assistance to members of the reserve components who have 

9 been called or ordered to active service in response to a 

10 war or national emergency declared by the President or 

11 the Congress, in recognition of the sacrifices that those 

12 members make in answering the call to duty. 

13 ‘‘§ 16162. Educational assistance program 

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

15 each military department, under regulations prescribed by 

16 the Secretary of Defense, and the Secretary of Homeland 

17 Security with respect to the Coast Guard when it is not 

18 operating as a service in the Navy, shall establish and 

19 maintain a program as prescribed in this chapter to pro20 vide educational assistance to members of the Ready Re21 serve of the armed forces under the jurisdiction of the Sec22 retary concerned. 
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1 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu2 cational assistance may be provided under this chapter for 

3 pursuit of any program of education that is an approved 

4 program of education for purposes of chapter 30 of title 

5 38. 

6 ‘‘(c) BENEFIT AMOUNT.—(1) The educational assist7 ance program established under subsection (a) shall pro8 vide for payment by the Secretary concerned, through the 

9 Secretary of Veterans Affairs, an educational assistance 

10 allowance to each member entitled to educational assist11 ance under this chapter who is pursuing a program of edu12 cation authorized under subsection (b). 

13 ‘‘(2) The educational assistance allowance provided 

14 under this chapter shall be based on the applicable percent 

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

16 section 3015 of title 38 for a member whose entitlement 

17 is based on completion of an obligated period of active 

18 duty of three years. 

19 ‘‘(3) The educational assistance allowance provided 

20 under this section for a person who is undertaking a pro21 gram for which a reduced rate is specified in chapter 30 

22 of title 38, that rate shall be further adjusted by the appli23 cable percent specified in paragraph (4). 

24 ‘‘(4) The adjusted educational assistance allowance 

25 under paragraph (2) or (3), as applicable, shall be—
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1 ‘‘(A) 40 percent in the case of a member of a 

2 reserve component who performed active service for 

3 90 consecutive days but less than one continuous 

4 year; 

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

6 reserve component who performed active service for 

7 one continuous year but less than two continuous 

8 years; or 

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

10 reserve component who performed active service for 

11 two continuous years or more. 

12 ‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Sub13 ject to section 3695 of title 38, the maximum number of 

14 months of educational assistance that may be provided to 

15 any member under this chapter is 36 (or the equivalent 

16 thereof in part-time educational assistance). 

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

18 chapter or chapter 36 of title 38, any payment of an edu19 cational assistance allowance described in subparagraph 

20 (B) of this paragraph shall not—

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

22 individual under this chapter; or 

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

24 which section 3695 of title 38 limits an individual’s 

25 receipt of assistance. 
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1 ‘‘(B) The payment of the educational assistance al2 lowance referred to in subparagraph (A) of this paragraph 

3 is the payment of such an allowance to the individual for 

4 pursuit of a course or courses under this chapter if the 

5 Secretary of Veterans Affairs finds that the individual—

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

7 a result of being ordered to serve on active duty 

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

9 or 12304 of this title; and 

10 ‘‘(ii) failed to receive credit or training time to11 ward completion of the individual’s approved edu12 cational, professional, or vocational objective as a re13 sult of having to discontinue, as described in clause 

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

15 ‘‘(C) The period for which, by reason of this sub16 section, an educational assistance allowance is not charged 

17 against entitlement or counted toward the applicable ag18 gregate period under section 3695 of title 38 shall not ex19 ceed the portion of the period of enrollment in the course 

20 or courses for which the individual failed to receive credit 

21 or with respect to which the individual lost training time, 

22 as determined under subparagraph (B)(ii). 
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1 ‘‘§ 16163. Eligibility for educational assistance 

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

3 a member of a reserve component is entitled to educational 

4 assistance under this chapter if the member—

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

7 or 

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

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

12 for 90 consecutive days or more when authorized by 

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

15 by the President and supported by Federal funds. 

16 ‘‘(b) DISABLED MEMBERS.—Notwithstanding the eli17 gibility requirements in subsection (a), a member who was 

18 ordered to active service as prescribed under subsection 

19 (a)(1) or (a)(2) but is released from duty before com20 pleting 90 consecutive days because of an injury, illness 

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

22 be entitled to educational assistance under this chapter at 

23 the rate prescribed in section 16162(b)(2)(A) of this title. 

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

25 who becomes entitled to educational assistance under sub26 section (a) shall be given a statement in writing prior to 
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1 release from active service that summarizes the provisions 

2 of this chapter and stating clearly and prominently the 

3 substance of sections 16165 and 16166 of this title as 

4 such sections may apply to the member. 

5 ‘‘(2) At the request of the Secretary of Veterans Af6 fairs, the Secretary concerned shall transmit a notice of 

7 entitlement for each such member to that Secretary. 

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

9 qualifies for educational assistance under this chapter may 

10 not receive credit for such service under both the program 

11 established by chapter 30 of title 38 and the program es12 tablished by this chapter but shall make an irrevocable 

13 election (in such form and manner as the Secretary of Vet14 erans Affairs may prescribe) as to the program to which 

15 such service is to be credited. 

16 ‘‘(e) BAR FROM DUPLICATION OF EDUCATIONAL AS17 SISTANCE ALLOWANCE.—(1) Except as provided in para18 graph (2), an individual entitled to educational assistance 

19 under this chapter who is also eligible for educational as20 sistance under chapter 1606 of this title, chapter 30, 31, 

21 32, or 35 of title 38, or under the Hostage Relief Act of 

22 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not 

23 receive assistance under more than one such programs and 

24 shall elect (in such form and manner as the Secretary con-
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1 cerned may prescribe) under which program the member 

2 elects to receive educational assistance. 

3 ‘‘(2) The restriction on duplication of educational as4 sistance under paragraph (1) does not apply to the entitle5 ment of educational assistance under section 16131(i) of 

6 this title. 

7 ‘‘§ 16164. Time limitation for use of entitlement 

8 ‘‘(a) DURATION OF ENTITLEMENT.—Except as pro9 vided in subsection (b), a member remains entitled to edu10 cational assistance under this chapter while serving—

11 ‘‘(1) in the Selected Reserve of the Ready Re12 serve, in the case of a member was called or ordered 

13 to active service while serving in the Selected Re14 serve; or 

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

16 member was ordered to active duty while serving in 

17 the Ready Reserve (other than the Selected Re18 serve). 

19 ‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED

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

21 from the Ready Reserve because of a disability which was 

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

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

24 entitled to educational assistance under this chapter, such 

25 person’s entitlement to educational assistance expires at 
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1 the end of the 10-year period beginning on the date on 

2 which such person became entitled to such assistance. 

3 ‘‘(2) The provisions of subsections (d) and (f) of sec4 tion 3031 of title 38 shall apply to the period of entitle5 ment prescribed by paragraph (1). 

6 ‘‘§ 16165. Termination of assistance 

7 ‘‘Educational assistance may not be provided under 

8 this chapter, or if being provided under this chapter, shall 

9 be terminated—

10 ‘‘(1) if the member is receiving financial assist11 ance under section 2107 of this title as a member 

12 of the Senior Reserve Officers’ Training Corps pro13 gram; or 

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

15 Ready Reserve, as provided under section 

16 16164(a)(1) or section 16164(a)(2), as applicable, of 

17 this title. 

18 ‘‘§ 16166. Administration of program 

19 ‘‘(a) ADMINISTRATION.—Educational assistance 

20 under this chapter shall be provided through the Depart21 ment of Veterans Affairs, under agreements to be entered 

22 into by the Secretary of Defense, and by the Secretary 

23 of Homeland Security, with the Secretary of Veterans Af24 fairs. Such agreements shall include administrative proce25 dures to ensure the prompt and timely transfer of funds 
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1 from the Secretary concerned to the Department of Vet2 erans Affairs for the making of payments under this chap3 ter. 

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

5 provided in this chapter, the provisions of sections 503, 

6 511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 

7 of title 38 and the provisions of subchapters I and II of 

8 chapter 36 of such title (with the exception of sections 

9 3686(a), 3687, and 3692) shall be applicable to the provi10 sion of educational assistance under this chapter. The 

11 term ‘eligible veteran’ and the term ‘person’, as used in 

12 those provisions, shall be deemed for the purpose of the 

13 application of those provisions to this chapter to refer to 

14 a person eligible for educational assistance under this 

15 chapter. 

16 ‘‘(c) FLIGHT TRAINING.—The Secretary of Veterans 

17 Affairs may approve the pursuit of flight training (in addi18 tion to a course of flight training that may be approved 

19 under section 3680A(b) of title 38) by an individual enti20 tled to educational assistance under this chapter if—

21 ‘‘(1) such training is generally accepted as nec22 essary for the attainment of a recognized vocational 

23 objective in the field of aviation; 

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

25 pilot certificate and meets, on the day the member 
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1 begins a course of flight training, the medical re2 quirements necessary for a commercial pilot certifi3 cate; and 

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

5 Aviation Administration standards for such courses 

6 and are approved by the Federal Aviation Adminis7 tration and the State approving agency. 

8 ‘‘(d) TRUST FUND.—Amounts for payments for bene9 fits under this chapter shall be derived from the Depart10 ment of Defense Education Benefits Fund under section 

11 2006 of this title.’’. 

12 (b) CONFORMING AMENDMENTS.—(1) Section 

13 2006(b) of such title is amended—

14 (A) in paragraph (1), by striking ‘‘chapter 

15 1606’’ and inserting ‘‘chapters 1606 and 1607, in16 cluding funds provided by the Secretary of Home17 land Security for education liabilities for the Coast 

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

19 Department of the Navy’’; and 

20 (B) in paragraph (2)(C), by striking ‘‘for edu21 cational assistance under chapter 1606’’ and insert22 ing ‘‘(including funds from the Department in which 

23 the Coast Guard is operating) for educational assist24 ance under chapters 1606 and 1607’’. 
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1 (2) Section 3695(a)(5) of title 38, United States 

2 Code, is amended by inserting ‘‘1607,’’ after ‘‘1606,’’. 

3 (c) CLERICAL AMENDMENT.—The tables of chapters 

4 at the beginning of subtitle E of title 10, United States 

5 Code, and at the beginning of part IV of such subtitle, 

6 are amended by inserting after the item relating to chap7 ter 1606 the following new item:

‘‘1607. Educational Assistance for Reserve Component Members Supporting Contingency Operations and Certain Other 

Operations ..................................................................... 16161’’.

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