175 
ject to subsection (b), the Secretary of a military depart-
ment’’ and inserting ‘‘Subject to subsections (b) and (c), 
the Secretary concerned’’. 
(b) COMMISSIONED OFFICERS ON ACTIVE DUTY.—Sec-
tion 2007(b) of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by inserting after ‘‘commissioned officer 
on active duty’’ the following: ‘‘(other than a 
member of the Ready Reserve)’’; 
(B) by striking ‘‘the Secretary of the mili-
tary department concerned’’ and inserting ‘‘the 
Secretary concerned’’; and 
(C) by striking ‘‘or full-time National 
Guard duty’’ both places it appears; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘the Secretary of the military 
department’’ and inserting ‘‘the Secretary con-
cerned’’; 
(B) in subparagraph (B), by inserting after 
‘‘active duty service’’ the following: ‘‘for which 
the officer was ordered to active duty’’; and 
(C) in subparagraph (C), by striking ‘‘Sec-
retary’’ and inserting ‘‘Secretary concerned’’. 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
176 
(c) AUTHORITY TO PAY TUITION ASSISTANCE TO MEM-
BERS OF THE READY RESERVE.—Section 2007(c) of title 
10, United States Code, is amended to read as follows: 
‘‘(c) In the case of a member of the Ready Reserve, 
the following provisions apply: 
‘‘(1) If the member is an officer of the Selected 
Reserve, or of the Ready Reserve but not of the Se-
lected Reserve, the Secretary concerned may not pay 
charges under subsection (a) unless the officer agrees 
to remain a member of the Selected Reserve or of the 
Ready Reserve (as applicable) for at least four years 
after completion of the education or training for 
which the charges are paid. 
‘‘(2) If the member is an enlisted member in the 
Selected Reserve, or in the Ready Reserve but not in 
the Selected Reserve, the Secretary concerned may 
order the member to serve, after completion of the edu-
cation or training for which the charges are paid, in 
the Selected Reserve or in the Ready Reserve (as ap-
plicable) for such period of time as the Secretary con-
cerned prescribes, but not for more than four years. 
‘‘(3) In addition, if the member is a member of 
the Individual Ready Reserve, the Secretary con-
cerned may not pay charges under subsection (a) un-
less the Secretary concerned, based upon the needs of 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
177 
the service and the military skills or specialties of the 
member, selects the member for participation under 
this section. The Secretary concerned shall designate 
the military skills or specialties of members to be eli-
gible for selection under this section.’’. 
(d) CONFORMING AMENDMENT.—Section 2007 of title 
10, United States Code, is further amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e) and (f) as 
subsections (d) and (e), respectively. 
(e) REPAYMENT.—Subsection (e) of such section, as so 
redesignated by subsection (d), is amended— 
(1) by striking ‘‘an officer’’ and inserting ‘‘a 
member’’; 
(2) by striking ‘‘subsection (b)’’ and inserting 
‘‘this section’’; 
(3) by striking ‘‘of active duty’’; and 
(4) by striking ‘‘the officer’’ and inserting ‘‘the 
member’’. 
(f) REGULATIONS.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(f) This section shall be administered under regula-
tions prescribed by the Secretary of Defense or, with respect 
to the Coast Guard when it is not operating as a service 
in the Navy, the Secretary of Homeland Security.’’. 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
178 
SEC. 524. NATIONAL DEFENSE UNIVERSITY MASTER’S DE-
GREE PROGRAMS. 
(a) IN GENERAL.—Section 2163 of title 10, United 
States Code, is amended— 
(1) by striking the heading and inserting the fol-
lowing: 
‘‘§ 2163. National Defense University: master’s degree 
programs’’; 
(2) in subsection (a), by inserting after ‘‘master 
of science’’ the following: ‘‘or master of arts’’; and 
(3) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(4) MASTER OF ARTS IN STRATEGIC SECURITY 
STUDIES.—The degree of master of arts in strategic 
security studies, to graduates of the University who 
fulfill the requirements of the program at the School 
for National Security Executive Education.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 108 of such title is amended by 
striking the item relating to section 2163 and inserting the 
following new item: 
‘‘2163. National Defense University: master’s degree programs.’’. 
(c) APPLICABILITY TO 2006-2007 GRADUATES.—Para-
graph (4) of section 2163(b) of title 10, United States Code 
(as added by subsection (a) of this section), applies to any 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
179 
person who becomes a graduate on or after September 6, 
2006. 
SEC. 525. RECODIFICATION IN TITLE 38, UNITED STATES 
CODE, OF CERTAIN EDUCATIONAL ASSIST-
ANCE PROGRAMS FOR MEMBERS OF THE RE-
SERVE 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 COM-
PONENTS 
‘‘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. 
VerDate Aug 31 2005 
04:26 May 12, 2007
Jkt 059200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6213
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
180 
‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED 
RESERVE 
‘‘§ 3301. Educational assistance program: establish-
ment; amount 
‘‘(a) ESTABLISHMENT.—To encourage membership in 
units of the Selected Reserve of the Ready Reserve, the Sec-
retary of Veterans Affairs, shall establish and maintain a 
program to provide educational assistance to members of 
the Selected Reserve of the Ready Reserve of the Armed 
Forces. The Secretary of each military department shall, 
under regulations prescribed by the Secretary of Defense, 
provide to individuals who meet the eligibility requirements 
under section 3302 of this title the opportunity to receive 
educational assistance under this subchapter and shall 
maintain a program to increase the rate of educational as-
sistance under this subchapter in accordance with sub-
section (i). 
‘‘(b) AMOUNT OF PAYMENT.—(1) Each educational as-
sistance program established under subsection (a) shall pro-
vide 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 pur-
suing a program of education. Except as provided in sub-
sections (d) through (f), the educational assistance allow-
ance shall be paid at the rates in effect under the former 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
181 
chapter 1606 of title 10, as in effect immediately before the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2008, as increased under paragraph (3). 
‘‘(2) For each month of less than half-time pursuit of 
a program of education, educational assistance under this 
subchapter shall be paid at a rate of 25 percent of the 
amount payable for a month of full-time pursuit of a pro-
gram of education, except that no payment may be made 
to a person for less than half-time pursuit if tuition assist-
ance is otherwise available to the person for such pursuit 
from the military department concerned. 
‘‘(3) 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) APPROVED PROGRAMS OF EDUCATION; MAXIMUM 
MONTHS OF ASSISTANCE.—(1) Educational assistance may 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
182 
be provided under this subchapter for pursuit of any pro-
gram of education that is an approved program of edu-
cation 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 allow-
ance referred to in subparagraph (A) of this paragraph is 
the payment of such an allowance to the individual for pur-
suit of a course or courses under this subchapter if the Sec-
retary 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 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
183 
‘‘(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 subsection, 
an educational assistance allowance is not charged against 
entitlement or counted toward the applicable aggregate pe-
riod 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 re-
spect to which the individual lost training time, as deter-
mined under subparagraph (B)(ii). 
‘‘(d) PROGRAMS OF APPRENTICESHIP.—(1) Except as 
provided in paragraph (2), the amount of the monthly edu-
cational 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 per-
son’s pursuit of such program, 55 percent of such 
monthly educational assistance allowance; and 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
184 
‘‘(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 allow-
ance. 
‘‘(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. 
‘‘(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 en-
titlement 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). 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
185 
‘‘(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 agree-
ment to pursue, and is pursuing, a program of education 
exclusively by correspondence is an amount equal to 55 per-
cent 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 ‘es-
tablished charge’ means the lesser of— 
‘‘(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 serv-
iced 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 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
186 
one month for each amount equal to the amount of the 
monthly rate payable under subsection (b)(1)(A) for the fis-
cal year concerned which is paid to the individual as an 
educational assistance allowance. 
‘‘(f) FLIGHT TRAINING.—(1) 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 this title) by an individual enti-
tled to educational assistance under this subchapter if— 
‘‘(A) such training is generally accepted as nec-
essary for the attainment of a recognized vocational 
objective in the field of aviation; 
‘‘(B) the individual possesses a valid private 
pilot certificate and meets, on the day the individual 
begins a course of flight training, the medical require-
ments necessary for a commercial pilot certificate; 
and 
‘‘(C) the flight school courses meet Federal Avia-
tion Administration standards for such courses and 
are approved by the Federal Aviation Administration 
and the State approving agency. 
‘‘(2) Each individual who is pursuing a program of 
education consisting exclusively of flight training approved 
as meeting the requirements of paragraph (1) shall be paid 
an educational assistance allowance under this subchapter 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
187 
in the amount equal to 60 percent of the established charges 
for tuition and fees which similarly circumstanced non-
veterans enrolled in the same flight course are required to 
pay. 
‘‘(3) 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 Sec-
retary 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 tui-
tion and other fees charged for that training. 
‘‘(4) 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 subsection 
(b)(1)(A) for the fiscal year concerned which is paid to that 
individual as an educational assistance allowance for such 
program. 
‘‘(5) The number of solo flying hours for which an in-
dividual 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 Ad-
ministration for the flight rating or certification which is 
the goal of the individual’s flight training. 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
188 
‘‘(g) INDIVIDUALIZED TUTORIAL ASSISTANCE.—(1)(A) 
Subject to subparagraph (B), the Secretary of Veterans Af-
fairs 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 
‘‘(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 ap-
prove individualized tutorial assistance for a person pur-
suing 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 individual-
ized tutorial assistance pursuant to paragraph (1) a tuto-
rial assistance allowance. The amount of the allowance pay-
able 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 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
189 
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 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 ex-
ceed the customary charges for such tutorial assist-
ance. 
‘‘(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 per-
son 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 indi-
vidual under this section in excess of $600 that is equal 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
190 
to the amount of the monthly educational assistance allow-
ance which the person is otherwise eligible to receive for full- 
time pursuit of an institutional course under this sub-
chapter. 
‘‘(h) COURSES BEYOND BACCALAUREATE DEGREE.— 
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) SPECIAL SKILLS.—(1) In the case of a person who 
has a skill or specialty designated by the Secretary of the 
military department 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, re-
tain personnel, the Secretary of the military department 
concerned may increase the rate of the educational assist-
ance 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 of the military department con-
cerned 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 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
191 
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 of the military depart-
ment 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 of the military de-
partments under regulations prescribed by the Secretary of 
Defense. 
‘‘(j) LICENSING AND CERTIFICATION.—(1) Subject to 
paragraph (3), the amount of educational assistance pay-
able 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) deter-
mined by dividing the total amount of educational assist-
ance paid such individual for such test by the full-time 
monthly institutional rate of educational assistance which, 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
192 
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 sub-
chapter. 
‘‘§ 3302. Eligibility for educational assistance 
‘‘(a) ELIGIBILITY.—A person who— 
‘‘(1) after June 30, 1985— 
‘‘(A) enlists, reenlists, or extends an enlist-
ment as a Reserve for service in the Selected Re-
serve 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) ACTIVE DUTY FOR TRAINING REQUIRED.—Edu-
cational assistance may not be provided to a member under 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
193 
this subchapter until the member has completed the initial 
period of active duty for training required of the member. 
‘‘(c) NOTIFICATION.—Each person who becomes enti-
tled 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 sec-
tions 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) BAR FROM DUAL ELIGIBILITY.—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 sub-
chapter for service (in any grade) on full-time active duty 
or full-time National Guard duty for the purpose of orga-
nizing, 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 sec-
tion 115(a)(1)(B) of title 10. 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
194 
‘‘§ 3303. Time limitation for use of entitlement 
‘‘(a) TIME LIMITATION.—Except as provided in sub-
section (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) EXCEPTIONS.—(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 Se-
lected 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 sec-
tion 10143(a) of title 10, 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
195 
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 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 pur-
poses of clause (2) of such subsection by reason of the 
commencement of such active duty service. 
‘‘§ 3304. Termination of assistance 
‘‘Educational assistance may not be provided under 
this subchapter— 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
196 
‘‘(1) to a member receiving financial assistance 
under section 2107 of title 10 as a member of the Sen-
ior 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 of the 
military department concerned, in consultation with the 
Secretary of Veterans Affairs, a member of the Selected Re-
serve of an armed force who does not participate satisfac-
torily in required training as a member of the Selected Re-
serve during a term of enlistment or other period of obli-
gated service that created entitlement of the member to edu-
cational 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 repayment requirements pre-
scribed by the Secretary of Veterans Affairs that are 
similar to the repayment provisions under section 
303a(e) of title 37. 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
197 
‘‘(b) COLLECTION OF FUNDS.—The Secretary of Vet-
erans Affairs shall collect any amount required to be repaid 
under subsection (a)(2). 
‘‘(c) EFFECT OF REPAYMENT.—Any repayment under 
subsection (a)(2) shall not affect the period of obligation of 
a member to serve as a Reserve in the Selected Reserve. 
‘‘§ 3306. Administration of program 
‘‘(a) PAYMENTS.—(1) Except as provided under para-
graph (2), payments for educational assistance under this 
subchapter shall be made from funds appropriated or other-
wise made available to the Department of Veterans Affairs 
for fiscal year 2009 or any subsequent fiscal year for the 
payment of readjustment benefits. 
‘‘(2) Payments for increases in rates of educational as-
sistance under section 3301(i) shall be made from amounts 
in the Department of Defense Education Benefits Fund 
under section 2006 of title 10. Amounts for such payments 
shall be made available to the Secretary in accordance with 
the provisions of section 2006(d) of title 10. 
‘‘(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 this 
title (with the exception of sections 3686(a) and 3687) shall 
be applicable to the provision of educational assistance 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
198 
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 as-
sistance under this subchapter. 
‘‘(c) APPLICATION OF BENEFITS.—The Secretary of 
Veterans Affairs may not make a distinction in the applica-
tion of educational assistance benefits under this subchapter 
on the basis of whether a person who is eligible for edu-
cational assistance under this subchapter first became so 
eligible under former chapter 1606 of title 10, as in effect 
immediately on September 30, 2008. 
‘‘§ 3307. Biennial report to Congress 
‘‘The Secretary of Veterans Affairs, in coordination 
with 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 pro-
gram 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 re-
ceive, 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. 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
199 
‘‘SUBCHAPTER II—RESERVE COMPONENT MEM-
BERS 
SUPPORTING 
CONTINGENCY 
OPER-
ATIONS AND CERTAIN OTHER OPERATIONS 
‘‘§ 3321. 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 Congress, 
in recognition of the sacrifices that those members make in 
answering the call to duty. 
‘‘§ 3322. Educational assistance program 
‘‘(a) PROGRAM ESTABLISHMENT.—The Secretary of 
Veterans Affairs, shall establish and maintain a program 
as prescribed in this subchapter to provide educational as-
sistance to members of the Ready Reserve of the Armed 
Forces. The Secretary of each military department shall, 
under regulations prescribed by the Secretary of Defense, 
provide to individuals who meet the eligibility requirements 
under section 3323 of this title the opportunity to receive 
educational assistance under this subchapter. 
‘‘(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. 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS
200 
‘‘(c) BENEFIT AMOUNT.—(1) The educational assist-
ance program established under subsection (a) shall provide 
for payment by the Secretary of Veterans Affairs of an edu-
cational assistance allowance to each member entitled to 
educational assistance under this subchapter who is pur-
suing a program of education authorized under subsection 
(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 entitle-
ment 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 appli-
cable 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 re-
serve 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 re-
serve component who performed active service for one 
VerDate Aug 31 2005 
03:14 May 12, 2007
Jkt 059200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6203
E:\BILLS\H1585.RH
H1585
mstockstill on PROD1PC66 with BILLS