I 
109TH CONGRESS 
2D SESSION 
H. R. 6250 
To amend title 38, United States Code, to recodify as part of that title 
the educational assistance programs for members of the reserve components. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2006 
Mr. SNYDER (for himself, Ms. HERSETH, and Mr. FILNER) introduced the fol-
lowing 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 con-
cerned 
A BILL 
To amend title 38, United States Code, to recodify as part 
of that title the educational assistance programs for 
members of the reserve components. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MONTGOMERY G.I. BILL IMPROVEMENT. 
(a) RECODIFICATION
OF
RESERVE
COMPONENT 
EDUCATION BENEFITS IN TITLE 38.—Title 38, United 
States Code, is amended by inserting after chapter 32 the 
following new chapter: 
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‘‘CHAPTER 33—RESERVE COMPONENT 
EDUCATIONAL ASSISTANCE PROGRAM 
‘‘CHAPTER 33—RESERVE COMPONENT EDUCATIONAL ASSISTANCE PROGRAM 
‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED RESERVE 
‘‘Sec. 3301. Educational assistance program: establishment; amount. 
‘‘Sec. 3302. Eligibility for educational assistance. 
‘‘Sec. 3303. Time limitation for use of entitlement. 
‘‘Sec. 3304. Termination of assistance. 
‘‘Sec. 3305. Failure to participate satisfactorily; penalties. 
‘‘Sec. 3306. Administration of program. 
‘‘Sec. 3307. Flight training. 
‘‘Sec. 3308. Biennial report to Congress. 
‘‘SUBCHAPTER II—RESERVE COMPONENT MEMBERS SUPPORTING 
CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS 
‘‘Sec. 3331. Purpose. 
‘‘Sec. 3332. Educational assistance program. 
‘‘Sec. 3333. Eligibility for educational assistance. 
‘‘Sec. 3334. Time limitation for use of entitlement. 
‘‘Sec. 3335. Termination of assistance. 
‘‘Sec. 3336. Administration of program. 
‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED 
RESERVE 
‘‘§ 3301. Educational assistance program: establish-
ment; amount 
‘‘(a) PROGRAM
ESTABLISHMENT.—To encourage 
membership in units of the Selected Reserve of the Ready 
Reserve, the Secretary of Veterans Affairs, in consultation 
with the Secretary of each military department, the Sec-
retary of Defense, and the Secretary of Homeland Secu-
rity, with respect to the Coast Guard when it is not oper-
ating 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 
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forces who agree to remain members of the Selected Re-
serve for a period of not less than six years. 
‘‘(b) BENEFIT AMOUNT.—(1) Except as provided in 
subsections (d) through (f), under the educational assist-
ance program established under subsection (a), the Sec-
retary shall provide for payment to each person entitled 
to educational assistance under this subchapter who is 
pursuing a program of education of an educational assist-
ance allowance at the following rates: 
‘‘(A) $251 (as increased from time to time 
under paragraph (2)) per month for each month of 
full-time pursuit of a program of education; 
‘‘(B) $188 (as increased form time to time 
under paragraph (2)) per month for each month of 
three-quarter-time pursuit of a program of edu-
cation; 
‘‘(C) $125 (as increased form time to time 
under paragraph (2)) per month for each month of 
half-time pursuit of a program of education; and 
‘‘(D) an appropriately reduced rate, as deter-
mined under regulations which the Secretary shall 
prescribe, for each month of less than half-time pur-
suit of a program of education, except that no pay-
ment may be made to a person for less than half- 
time pursuit if tuition assistance is otherwise avail-
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able 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 near-
est dollar) in the rates payable under subparagraphs (A), 
(B), and (C) of paragraph (1) equal to the percentage in-
crease provided under subsection (h) of section 3015 of 
this title to the rates payable under subsection (a) of that 
section. 
‘‘(c) AUTHORIZED
EDUCATION
PROGRAMS.—(1) 
Educational assistance may be provided under this sub-
chapter 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 max-
imum 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 as-
sistance). 
‘‘(3)(A) Notwithstanding any other provision of this 
subchapter or chapter 36 of this title, any payment of an 
educational assistance allowance described in subpara-
graph (B) of this paragraph shall not— 
‘‘(i) be charged against the entitlement of any 
individual under this subchapter; or 
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‘‘(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 al-
lowance 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 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 to-
ward completion of the individual’s approved edu-
cational, professional, or vocational objective as a re-
sult of having to discontinue, as described in clause 
(i), the individual’s course pursuit. 
‘‘(C) The period for which, by reason of this sub-
section, an educational assistance allowance is not charged 
against entitlement or counted toward the applicable ag-
gregate 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). 
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‘‘(d) APPRENTICESHIPS; ON-THE-JOB TRAINING.— 
(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 per-
son’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 appren-
ticeship 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 appli-
cable full-time rate as the number of hours worked during 
such month, rounded to the nearest 8 hours, bears to 120 
hours. 
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‘‘(3)(A) Except as provided in subparagraph (B), for 
each month that such person is paid a monthly edu-
cational 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 pay-
ments made in accordance with paragraph (1)(A); 
‘‘(ii) 55 percent of a month in the case of pay-
ments made in accordance with paragraph (1)(B); 
and 
‘‘(iii) 35 percent of a month in the case of pay-
ments made in accordance with paragraph (1)(C). 
‘‘(B) Any such charge to the entitlement shall be re-
duced proportionately in accordance with the reduction in 
payment under paragraph (2). 
‘‘(e) 
CORRESPONDENCE
COURSES.—(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 edu-
cation exclusively by correspondence is an amount equal 
to 55 percent of the established charge which the institu-
tion requires nonveterans to pay for the course or courses 
pursued by such person. 
‘‘(B) For purposes of subparagraph (A), the term ‘es-
tablished charge’ means the lesser of— 
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‘‘(i) the charge for the course or courses deter-
mined on the basis of the lowest extended time pay-
ment 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) INDIVIDUALIZED
TUTORIAL
ASSISTANCE.— 
(1)(A) Subject to subparagraph (B), the Secretary shall 
approve individualized tutorial assistance for any person 
entitled to educational assistance under this subchapter 
who— 
‘‘(i) is enrolled in and pursuing a postsec-
ondary course of education on a half-time or 
more basis at an educational institution; and 
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‘‘(ii) has a deficiency in a subject required 
as a part of, or which is prerequisite to, or 
which is indispensable to the satisfactory pur-
suit of, the program of education. 
‘‘(B) The Secretary 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 pro-
gram of education. 
‘‘(2)(A) Subject to subparagraph (B), the Secretary 
of Veterans Affairs shall pay to a person receiving individ-
ualized tutorial assistance pursuant to paragraph (1) a tu-
torial 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 ad-
dition 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 in-
stitution at which the person is enrolled certifies that— 
‘‘(i) the individualized tutorial assistance is es-
sential to correct a deficiency of the person in a sub-
ject required as a part of, or which is prerequisite 
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to, or which is indispensable to the satisfactory pur-
suit of, an approved program of education; 
‘‘(ii) the tutor chosen to perform such assist-
ance 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 ex-
ceed the customary charges for such tutorial assist-
ance. 
‘‘(3)(A) A person’s period of entitlement to edu-
cational 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 assist-
ance allowance which the person is otherwise eligible to 
receive for full-time pursuit of an institutional course 
under this subchapter. 
‘‘(g) COURSES
BEYOND
BACCALAUREATE
DE-
GREE.—A program of education in a course of instruction 
beyond the baccalaureate degree level shall be provided 
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under this subchapter, subject to the availability of appro-
priations. 
‘‘(h) INCREASED RATE OF ASSISTANCE FOR PER-
SONS WITH CERTAIN SKILLS.—(1) In the case of a person 
who has a skill or specialty designated by the Secretary 
of Defense 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 Sec-
retary of Veterans Affairs may increase the rate of the 
educational assistance allowance applicable to that person 
to such rate in excess of the rate prescribed under sub-
paragraphs (A) through (D) of subsection (b)(1) as the 
Secretary of Veterans Affairs 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 spe-
cialty designated by the Secretary of Defense as a skill 
or specialty in which there is a critical shortage of per-
sonnel or for which it is difficult to recruit or, in the case 
of critical units, retain personnel, who is eligible for edu-
cational 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 of Veterans Affairs 
may increase the rate of the educational assistance allow-
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ance applicable to that person to such rate in excess of 
the rate prescribed under section 3015 of this title as the 
Secretary of Veterans Affairs 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 Secretary under regulations 
prescribed by the Secretary. 
‘‘(i) LICENSING
AND CERTIFICATION TESTS.—(1) 
Subject to paragraph (3), the amount of educational as-
sistance 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 certifi-
cation test is equal to the number (including any fraction) 
determined by dividing the total amount of educational as-
sistance 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 assist-
ance under this subsection for such a test exceed the 
amount of the individual’s available entitlement under this 
subchapter. 
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‘‘§ 3302. Eligibility for educational assistance 
‘‘(a) IN GENERAL.—A person who— 
‘‘(1) after June 30, 1985— 
‘‘(A) enlists, reenlists, or extends an enlist-
ment 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 re-
serve 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 sec-
tion, 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) COMPLETION OF ACTIVE DUTY FOR TRAIN-
ING.—Educational assistance may not be provided to a 
member under this subchapter until the member has com-
pleted the initial period of active duty for training required 
of the member. 
‘‘(c) WRITTEN NOTIFICATION.—Each person who be-
comes entitled to educational assistance under subsection 
(a) shall at the time the person becomes so entitled be 
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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, the Secretary of Defense shall transmit a notice 
of entitlement for each such person to that Secretary. 
‘‘(d) LIMITATION ON ELIGIBILITY.—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 train-
ing 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. 
‘‘§ 3303. Time limitation for use of entitlement 
‘‘(a) DURATION OF ENTITLEMENT.—Except as pro-
vided in subsection (b), the period during which a person 
entitled to educational assistance under this subchapter 
may use such person’s entitlement expires on the date that 
is 10 years after the date on which the person is separated 
from the Selected Reserve. 
‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED 
MEMBERS.—(1) In the case of a person— 
‘‘(A) who is separated from the Selected Re-
serve because of a disability which was not the result 
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of the individual’s own willful misconduct incurred 
on or after the date on which such person became 
entitled to educational assistance under this sub-
chapter; 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 Oc-
tober 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 sub-
section (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 sub-
section (a). 
‘‘(3) The provisions of section 3031(d) of this title 
shall apply to the period of entitlement prescribed by sub-
section (a) in the case of a disability incurred in or aggra-
vated 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 
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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 rea-
son of the commencement of such active duty serv-
ice. 
‘‘§ 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 satis-
factorily in required training as a member of the Se-
lected Reserve. 
‘‘§ 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 
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term of enlistment or other period of obligated service that 
created entitlement of the member to educational assist-
ance 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 per-
son 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. 
‘‘§ 3306. Administration of program 
‘‘(a) 
ADMINISTRATION.—Educational 
assistance 
under this subchapter shall be provided through the De-
partment of Veterans Affairs, under agreements to be en-
tered into by the Secretary of Defense, and by the Sec-
retary of Homeland Security, with the Secretary of Vet-
erans Affairs. Such agreements shall include administra-
tive procedures to ensure the prompt and timely transfer 
of funds from the Secretary concerned to the Department 
of Veterans Affairs for the making of payments under this 
subchapter. 
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‘‘(b) 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 such 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 applica-
tion of those provisions to this subchapter to refer to a 
person eligible for educational assistance under this sub-
chapter. 
‘‘§ 3307. Flight training 
‘‘(a) IN GENERAL.—(1) Each individual who is pur-
suing 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 en-
rolled 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 dur-
ing which such individual is pursuing a program of edu-
cation consisting exclusively of flight training until the 
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Secretary has received from that individual and the insti-
tution 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 pur-
suing 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 section 
3301(b)(1)(A) of this title for the fiscal year concerned 
which is paid to that individual as an educational assist-
ance 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 num-
ber 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. 
‘‘(b) APPROVAL.—The Secretary 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 assist-
ance under this subchapter if— 
‘‘(1) such training is generally accepted as nec-
essary for the attainment of a recognized vocational 
objective in the field of aviation; 
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‘‘(2) the individual possesses a valid private 
pilot certificate and meets, on the day the individual 
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. 
‘‘§ 3308. Biennial report to Congress 
‘‘The Secretary shall submit to Congress a report not 
later than March 1 of each odd-numbered year concerning 
the operation of the educational assistance program estab-
lished by this subchapter during the preceding two fiscal 
years. Each such report shall include the number of mem-
bers 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 ac-
cordingly. 
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‘‘SUBCHAPTER II—RESERVE COMPONENT MEM-
BERS SUPPORTING CONTINGENCY OPER-
ATIONS AND CERTAIN OTHER OPERATIONS 
‘‘§ 3331. Purpose 
‘‘The purpose of this subchapter is to provide edu-
cational 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 the 
Congress, in recognition of the sacrifices that those mem-
bers make in answering the call to duty. 
‘‘§ 3332. Educational assistance program 
‘‘(a) PROGRAM ESTABLISHMENT.—The Secretary of 
Veterans Affairs, in consultation with the Secretaries of 
each military department, 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 pre-
scribed in this subchapter to provide educational assist-
ance to members of the Ready Reserve of the armed 
forces. 
‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu-
cational assistance may be provided under this subchapter 
for pursuit of any program of education that is an ap-
proved program of education for purposes of chapter 30 
of this title. 
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‘‘(c) BENEFIT AMOUNT.—(1) The educational assist-
ance program established under subsection (a) shall pro-
vide for payment by the Secretary of Veterans Affairs of 
an educational assistance allowance to each member enti-
tled to educational assistance under this subchapter who 
is pursuing a program of education authorized under sub-
section (b). 
‘‘(2) The educational assistance allowance provided 
under this subchapter shall be based on the applicable per-
cent under paragraph (4) to the applicable rate provided 
under section 3015 of this title for a member whose enti-
tlement 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 pro-
gram for which a reduced rate is specified in chapter 30 
of this title, that rate shall be further adjusted by the ap-
plicable 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; 
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‘‘(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) Sub-
ject 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 equiva-
lent 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 subpara-
graph (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 al-
lowance referred to in subparagraph (A) is the payment 
of such an allowance to the individual for pursuit of a 
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course or courses under this subchapter if the Secretary 
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 to-
ward completion of the individual’s approved edu-
cational, professional, or vocational objective as a re-
sult of having to discontinue, as described in clause 
(i), the individual’s course pursuit. 
‘‘(C) The period for which, by reason of this sub-
section, an educational assistance allowance is not charged 
against entitlement or counted toward the applicable ag-
gregate 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 edu-
cational assistance under this subchapter, except that, in 
applying such section under this subchapter, the reference 
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to subsection (b) in paragraph (2) of such section is 
deemed to be a reference to subsection (c) of this section. 
‘‘§ 3333. 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 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 subchapter 
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