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 3302(c)(4)(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 section 3305 of this title as such section may 
apply to the member. 
‘‘(2) At the request of the Secretary of Veterans Af-
fairs, the Secretary of the military department concerned 
shall transmit a notice of entitlement for each such mem-
ber 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 this title and the program 
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ccoleman on PROD1PC71 with BILLS
established 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 subchapter I of this chapter, chapter 30, 
31, 32, or 35 of this title, or under the Hostage Relief 
Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) 
may not receive assistance under more than one such pro-
grams and shall elect (in such form and manner as the 
Secretary of Veterans Affairs may prescribe) under which 
program the member elects to receive educational assist-
ance. 
‘‘(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 
title 10. 
‘‘§ 3304. Time limit 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— 
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‘‘(1) in the Selected Reserve of the Ready Re-
serve, in the case of a member called or ordered to 
active service while serving in the Selected Reserve; 
or 
‘‘(2) in the Ready Reserve, in the case of a 
member ordered to active duty while serving in the 
Ready Reserve (other than the Selected Reserve). 
‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED 
MEMBERS.—(1) In the case of a person who is separated 
from the Ready Reserve because of a disability which was 
not the result of the individual’s own willful misconduct 
incurred on or after the date on which such person became 
entitled to educational assistance under this 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 this title shall apply to the period of entitle-
ment prescribed by paragraph (1). 
‘‘§ 3305. Termination of assistance 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), educational assistance may not be provided under this 
chapter, or if being provided under this chapter, shall be 
terminated— 
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‘‘(1) if the member is receiving financial assist-
ance under section 2107 of title 10 as a member of 
the Senior Reserve Officers’ Training Corps pro-
gram; or 
‘‘(2) when the member separates from the 
Ready Reserve, as provided for under section 
3304(a)(1) or section 3304(a)(2), as applicable, of 
this title. 
‘‘(b) EXCEPTION.—Under regulations prescribed by 
the Secretary of Defense, educational assistance may be 
provided under this chapter to a member of the Selected 
Reserve of the Ready Reserve who incurs a break in serv-
ice in the Selected Reserve of not more than 90 days if 
the member continues to serve in the Ready Reserve dur-
ing and after such break in service. 
‘‘§ 3306. Administration of program 
‘‘(a) PAYMENTS.—Payments for educational assist-
ance under this chapter shall be made from funds appro-
priated or otherwise made available to the Department of 
Veterans Affairs for fiscal year 2010 or any subsequent 
fiscal year for the payment of readjustment benefits. 
‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise 
provided in this chapter, 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 
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of this title (with the exception of sections 3686(a) and 
3687) shall be applicable to the provision 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 pro-
visions to this chapter to refer to a person eligible for edu-
cational assistance under this chapter.’’. 
(b) TRANSFER
OF AMOUNTS
FOR BENEFITS AC-
CRUED BEFORE OCTOBER 1, 2009.— 
(1) FISCAL YEAR 2010.—By not later than Oc-
tober 1, 2009, the Secretary of Defense shall trans-
fer to the Secretary of Veterans Affairs from the 
funds in the Department of Defense Education Ben-
efits Fund under section 2006 of title 10, United 
States Code, that are attributable to armed forces 
education liabilities under chapter 1607 of such title 
that accrue before such date, such funds as may be 
required by the Secretary of Veterans Affairs to 
make payments with respect to such liabilities dur-
ing fiscal year 2010. Such amounts shall be depos-
ited into the education account of the Readjustment 
Benefits Account of the Department of Veterans Af-
fairs and shall be available to the Secretary of Vet-
erans Affairs to make payments of educational as-
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sistance under chapter 33 of title 38, United States 
Code, as added by subsection (a). 
(2) AGREEMENT
FOR
SUBSEQUENT
FISCAL 
YEARS.—By not later than October 1, 2009, the 
Secretary of Defense and the Secretary of Veterans 
Affairs shall enter into an agreement under which 
the Secretary of Defense shall transfer to the Sec-
retary of Veterans Affairs all remaining funds in the 
Department of Defense Education Benefits Fund 
under section 2006 of title 10, United States Code, 
that are attributable to armed forces liabilities under 
chapter 1607 of such title that accrue before such 
date. Such amounts shall be deposited into the edu-
cation account of the Readjustment Benefits Ac-
count of the Department of Veterans Affairs and 
shall be available to the Secretary of Veterans Af-
fairs to make payments of educational assistance 
under chapter 33 of title 38, United States Code, as 
added by subsection (a). 
(3) REPORT.—By not later than October 1, 
2009, the Secretary of Defense shall submit to the 
congressional defense committees, the Committee on 
Veterans Affairs of the Senate, and the Committee 
on Veterans Affairs of the House of Representatives 
a detailed report on the agreement between the Sec-
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fits under chapter 30 and of title 38 and for Depart-
ment of Defense benefits under paragraphs (3) and 
(4) of section 510(e) and chapter 1606 of this title, 
including 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.’’. 
(B) DEFINITION OF NORMAL COST.—Para-
graph (2) of such section is amended by strik-
ing subparagraph (C) and inserting the fol-
lowing new subparagraph: 
‘‘(C) The present value of the future De-
partment of Defense benefits payable from the 
Fund (including funds from the Department in 
which the Coast Guard is operating) for edu-
cational assistance under chapter 1606 of this 
title to persons who during such period become 
entitled to such assistance.’’. 
(3) ADDITIONAL TECHNICAL AND CONFORMING 
AMENDMENTS.— 
(A) TITLE 38, UNITED STATES CODE.— 
(i) Section 3485 of title 38, United 
States Code, is amended— 
(I) in subsection (a)(4)(E), by 
striking ‘‘or 1607’’; 
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(II) in subsection (b), by striking 
‘‘chapter 30, 31, 32, or 34 of this title 
or chapter 1606 or 1607 of title 10,’’ 
and inserting ‘‘chapter 30, 31, 32, 33, 
or 34 of this title or chapter 1606 of 
title 10,’’; and 
(III) in subsection (e)(1)— 
(aa) by striking ‘‘, chapter 
30, 31, 32, 35, or 36 of this title, 
or chapter 1606 or 1607 of title 
10’’ and inserting ‘‘or chapter 
30, 31, 32, 33, 35, or 36 of this 
title or chapter 1606 of title 10’’; 
and 
(bb) by striking ‘‘section 
2135’’ and inserting ‘‘section 
16135’’. 
(ii) Section 3672(c) of such title is 
amended— 
(I) in paragraph (3)(A), by strik-
ing ‘‘chapters 30 and 35 of this title’’ 
and inserting ‘‘chapters 30, 33, and 
35 of this title’’; and 
(II) in paragraph (4), by striking 
‘‘chapter 30 or 35 of this title’’ and 
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inserting ‘‘chapter 30, 33, or 35 of 
this title’’. 
(iii) Section 3674 of such title is 
amended— 
(I) in subsection (a)(1), by strik-
ing ‘‘chapter 106’’ and inserting 
‘‘chapter 1606’’; and 
(II) in subsection (c), by insert-
ing ‘‘33,’’ after ‘‘32,’’. 
(iv) Section 3680A(d)(1) of such title 
is amended— 
(I) by striking ‘‘chapter 106’’ 
each place it appears and inserting 
‘‘chapter 1606’’; and 
(II) by inserting ‘‘, 33’’ after 
‘‘32’’. 
(v) Section 3684A(a)(1) of such title 
is amended by striking ‘‘chapter 30 or 32 
of this title or in chapter 106’’ and insert-
ing ‘‘chapter 30, 32, or 33 of this title or 
in chapter 1606’’. 
(vi) Section 3688(b) of such title is 
amended by striking ‘‘, chapter 30, 32, or 
35 of this title, or chapter 106’’ and in-
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serting ‘‘or chapter 30, 32, 33, or 35 of 
this title, or chapter 1606’’. 
(vii) Section 3689 of such title is 
amended by inserting ‘‘33,’’ after ‘‘32,’’ 
each place it appears. 
(viii) Section 3692 of such title is 
amended— 
(I) in subsection (a), by striking 
‘‘or 35 of this title’’ and inserting 
‘‘33, or 35 of this title’’; and 
(II) in subsection (b), by striking 
‘‘, chapters 30, 32, and 35 of this 
title’’ and inserting ‘‘and chapters 30, 
32, 33, and 35 of this title’’. 
(ix) Section 3695(a) of such title is 
amended— 
(I) by striking paragraph (4) and 
inserting the following new paragraph 
(4): 
‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of 
this title.’’; and 
(II) in paragraph (5), by striking 
‘‘1607,’’. 
(x) Section 3697(a) of such title is 
amended by striking ‘‘chapter 30, 32, 34, 
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