‘‘§ 16163. 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 chapter if the member—
‘‘(1) served on active duty in support of a con-
tingency operation for 90 consecutive days or more; 
or 
‘‘(2) in the case of a member of the Army Na-
tional Guard of the United States or Air National 
Guard of the United States, performed full time Na-
tional 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 pur-
pose of responding to a national emergency declared 
by the President and supported by Federal funds. 
‘‘(b) DISABLED MEMBERS.—Notwithstanding the eli-
gibility 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 com-
pleting 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 chapter at 
the rate prescribed in section 16162(b)(2)(A) of this title. 
‘‘(c) WRITTEN NOTIFICATION.—(1) Each member 
who becomes entitled to educational assistance under sub-
section (a) shall be given a statement in writing prior to
release from active service that summarizes the provisions 
of this chapter and stating clearly and prominently the 
substance of sections 16165 and 16166 of this title as 
such sections may apply to the member. 
‘‘(2) At the request of the Secretary of Veterans Af-
fairs, 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 chapter may 
not receive credit for such service under both the program 
established by chapter 30 of title 38 and the program es-
tablished by this chapter but shall make an irrevocable 
election (in such form and manner as the Secretary of Vet-
erans Affairs may prescribe) as to the program to which 
such service is to be credited. 
‘‘(e) BAR FROM DUPLICATION OF EDUCATIONAL AS-
SISTANCE ALLOWANCE.—(1) Except as provided in para-
graph (2), an individual entitled to educational assistance 
under this chapter who is also eligible for educational as-
sistance under chapter 1606 of this title, chapter 30, 31, 
32, or 35 of title 38, 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 con-
cerned may prescribe) under which program the member 
elects to receive educational assistance. 
‘‘(2) The restriction on duplication of educational as-
sistance under paragraph (1) does not apply to the entitle-
ment of educational assistance under section 16131(i) of 
this title. 
‘‘§ 16164. Time limitation for use of entitlement 
‘‘(a) DURATION OF ENTITLEMENT.—Except as pro-
vided in subsection (b), a member remains entitled to edu-
cational assistance under this chapter while serving—
‘‘(1) in the Selected Reserve of the Ready Re-
serve, in the case of a member was called or ordered 
to active service while serving in the Selected Re-
serve; or 
‘‘(2) in the Ready Reserve, in the case of a 
member was ordered to active duty while serving in 
the Ready Reserve (other than the Selected Re-
serve). 
‘‘(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 chapter, 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 sec-
tion 3031 of title 38 shall apply to the period of entitle-
ment prescribed by paragraph (1). 
‘‘§ 16165. Termination of assistance 
‘‘Educational assistance may not be provided under 
this chapter, or if being provided under this chapter, shall 
be terminated—
‘‘(1) if the member is receiving financial assist-
ance under section 2107 of this title as a member 
of the Senior Reserve Officers’ Training Corps pro-
gram; or 
‘‘(2) when the member separates from the 
Ready 
Reserve, 
as 
provided 
under 
section 
16164(a)(1) or section 16164(a)(2), as applicable, of 
this title. 
‘‘§ 16166. Administration of program 
‘‘(a) 
ADMINISTRATION.—Educational 
assistance 
under this chapter shall be provided through the Depart-
ment of Veterans Affairs, under agreements to be entered 
into by the Secretary of Defense, and by the Secretary 
of Homeland Security, with the Secretary of Veterans Af-
fairs. Such agreements shall include administrative proce-
dures to ensure the prompt and timely transfer of funds
from the Secretary concerned to the Department of Vet-
erans Affairs for the making of payments under this chap-
ter. 
‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise 
provided in this chapter, the provisions of sections 503, 
511, 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 
of title 38 and the provisions of subchapters I and II of 
chapter 36 of such title (with the exception of sections 
3686(a), 3687, and 3692) shall be applicable to the provi-
sion of educational assistance under this chapter. 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 chapter to refer to 
a person eligible for educational assistance under this 
chapter. 
‘‘(c) FLIGHT TRAINING.—The Secretary of Veterans 
Affairs may approve the pursuit of flight training (in addi-
tion to a course of flight training that may be approved 
under section 3680A(b) of title 38) by an individual enti-
tled to educational assistance under this chapter if—
‘‘(1) such training is generally accepted as nec-
essary 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 re-
quirements necessary for a commercial pilot certifi-
cate; and 
‘‘(3) the flight school courses meet Federal 
Aviation Administration standards for such courses 
and are approved by the Federal Aviation Adminis-
tration and the State approving agency. 
‘‘(d) TRUST FUND.—Amounts for payments for bene-
fits under this chapter shall be derived from the Depart-
ment of Defense Education Benefits Fund under section 
2006 of this title.’’. 
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section 
2006(b) of such title is amended—
(A) in paragraph (1), by striking ‘‘chapter 
1606’’ and inserting ‘‘chapters 1606 and 1607, in-
cluding funds provided by the Secretary of Home-
land Security for education liabilities for the Coast 
Guard when it is not operating as a service in the 
Department of the Navy’’; and 
(B) in paragraph (2)(C), by striking ‘‘for edu-
cational assistance under chapter 1606’’ and insert-
ing ‘‘(including funds from the Department in which 
the Coast Guard is operating) for educational assist-
ance under chapters 1606 and 1607’’.
(2) Section 3695(a)(5) of title 38, United States 
Code, is amended by inserting ‘‘1607,’’ after ‘‘1606,’’. 
(c) CLERICAL AMENDMENT.—The tables of chapters 
at the beginning of subtitle E of title 10, United States 
Code, and at the beginning of part IV of such subtitle, 
are amended by inserting after the item relating to chap-
ter 1606 the following new item:
‘‘1607. Educational Assistance for Reserve Component Members Sup-
porting Contingency Operations and Certain Other 
Operations ..................................................................... 16161’’.
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