S.Amdt. 1469

SA 1469. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 1463 submitted by Mr. McCain and intended to be proposed
to the bill H.R. 1735, to authorize appropriations for fiscal year 2016
for military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle B of title V, add the following:

SEC. 515. EDUCATIONAL ASSISTANCE TO ENCOURAGE MEMBERSHIP IN
THE RESERVE COMPONENTS OF THE ARMED FORCES.

(a) Programs of Assistance Authorized.--Chapter 1611 of
title 10, United States Code, is amended by adding at the end
the following new section:

``Sec. 16402. National Guard and Reserves: educational
assistance to encourage membership

``(a) Authority.--Each Secretary of a military department
may carry out a program to encourage membership in the
reserve components of the armed forces under the jurisdiction
of such Secretary through the provision of educational
assistance to individuals who participate in such program in
order to develop skills that are critical to such reserve
components as determined by such Secretary.
``(b) Participation by Individuals Before Commencement of
Grade 12.--(1) An individual who is more than sixteen years
of age may participate in a program under this section before
commencing grade 12 in a secondary school with the written
consent of the individual's parent or guardian (if the
individual has a parent or guardian entitled to the custody
and control of the individual).
``(2) An individual who participates in a program under
this section pursuant to paragraph (1) may complete entry
level and skill training before commencing grade 12 in a
secondary school.
``(c) Administration Requirements.--In carrying out a
program under this section, the Secretary of a military
department shall--
``(1) establish and maintain a current list of the skills
that are, or are anticipated to become, critical to one or
more reserve components under the jurisdiction of such
Secretary; and
``(2) prescribe academic and other performance standards to
be met by individuals participating in the program.
``(d) Participation Agreement.--An individual who
participates in a program under this section shall enter into
a written agreement with the Secretary of the military
department concerned--
``(1) to enlist in or accept an appointment as an officer
in a reserve component of the armed forces;
``(2) to complete entry level and skill training (if
enlisting) or entry level training and officer candidate
school (if accepting appointment as an officer);
``(3) to pursue on a full-time basis a course of
education--
``(A) leading to a bachelor's or associate's degree at an
institution of higher education; or
``(B) that--
``(i) is offered by an institution of higher education; and
``(ii) upon completion, will provide the individual with a
level of education that is similar to a course of education
described in subparagraph (A), as determined pursuant to
subsection (c)(2);
``(4) while pursuing a course of education under paragraph
(3), to perform such active duty for training during periods
between academic terms of the institution of higher education
involved as such Secretary shall specify in the agreement;
and
``(5) as provided in subsection (i), to serve in the
reserve component of the armed forces specified in such
agreement for two years for each academic year for which the
individual receives educational assistance under this
section.
``(e) Amount of Educational Assistance.--The amount of
educational assistance provided under a program under this
section to an individual pursuing a course of education
described in subsection (d)(3) during an academic year shall
be the lesser of--
``(1) the maximum amount of in-State tuition and fees
assessed during such academic year for programs of education
leading to a bachelor's degree by public institutions of
higher education in the State whose National Guard the
individual is a member of or where the individual resides, as
applicable; or
``(2) the amount of tuition and fees assessed during such
academic year for such course of education by the institution
of higher education providing such course of education.
``(f) Payment of Educational Assistance.--(1) The Secretary
of the military department concerned shall pay educational
assistance to individuals participating in programs under
this section on a monthly basis.
``(2) The maximum number of months of educational
assistance payable to an individual participating in a
program under this section may not exceed the aggregate
number of months comprising four academic years at the
institution or institutions attended by the individual
pursuant to the program.
``(g) Reserve Status.--(1) Each individual participating in
a program under this section shall, while pursuing a course
of education under such program, be the following:
``(A) A member of the inactive National Guard or the
Individual Ready Reserve, as applicable, during academic
terms of pursuit of such course of education pursuant to
subsection (d)(3).
``(B) A member of the National Guard or the Ready Reserve,
as applicable, in active status while performing training
during periods between such academic terms pursuant to
subsection (d)(4)
``(2) Notwithstanding status under paragraph (1), an
individual may not be called or ordered to active duty (other
than active duty for training in accordance with subsection
(d)(4)) while pursuing a course of education under a program
under this section.
``(h) Ineligibility for Other Educational Assistance During
Participation in Program.--(1) An individual who participates
in a program under this section is not, while so
participating, eligible for educational assistance under any
other provision of this title, any other law administered by
the Secretary of Defense or the Secretaries of the military
departments, any law administered by the Secretary of
Homeland Security (with respect to the Coast Guard when it is
not operating as a service in the Navy), or any law
administered by the Secretary of Veterans Affairs.
``(2) Any service in the armed forces by an individual
described in paragraph (1) while participating in a program
under this section shall be treated as qualifying the
individual for education assistance under provisions of law
referred to in that paragraph to the extent provided in such
provisions of law.
``(i) Commencement of Service Requirement.--The service
requirement of an individual pursuant to subsection (d)(5)
shall commence as follows:
``(1) When the individual obtains the bachelor's or
associate's degree, or completes the course of education
described in subsection (d)(3)(B), for which the individual
was paid educational assistance under this section.
``(2) If the individual ceases pursuit on a full-time basis
of a course of education at an institution of higher
education as agreed to pursuant to subsection (d)(3).
``(3) If the individual otherwise fails the obtain a
bachelor's or associate's degree, or course of education
described in subsection (d)(3)(B), as so agreed to.
``(j) Repayment.--An individual who participates in a
program under this section and who fails to complete the
equivalent of a single academic year of education pursuant to
subsection (d)(3) or complete the period of service or meet
the types or conditions of serve for which educational
assistance was provided the individual under the program, as
specified in the written agreement of the individual under
subsection (d), shall be subject to the repayment provisions
of section 373 of title 37.
``(k) Funding.--Amounts available to the Secretary of the
military department concerned for the payment of recruitment
and retention bonuses and special pays shall be available to
such Secretary to carry out a program under this section.
``(l) Definitions.--In this section:
``(1) The term `entry level and skill training' means the
following:
``(A) In the case of members of the Army National Guard of
the United States or the

[[Page S3622]]

Army Reserve, Basic Combat Training and Advanced Individual
Training or One Station Unit Training.
``(B) In the case of members of the Navy Reserve, Recruit
Training (or Boot Camp) and Skill Training (or so-called `A
School').
``(C) In the case of members of the Air National Guard of
the United States of the Air Force Reserve, Basic Military
Training and Technical Training.
``(D) In the case of members of the Marine Corps Reserve,
Recruit Training and Marine Corps Training (or School of
Infantry Training).
``(2) The term `institution of higher education' has the
meaning given that term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1611 of such title is amended by adding
at the end the following new item:

``16402. National Guard and Reserves: educational assistance to
encourage membership.''.
______