Student Veterans' College Affordability Act of 2008 - Amends federal veterans' benefits provisions to entitle to educational assistance under the Montgomery GI Bill certain individuals who serve on active duty in the Armed Forces (including the reserves) on or after September 11, 2001. Establishes the duration of such assistance (in most cases 36 months) and assistance amounts. Requires programs of education pursued with such assistance to be approved by the Secretary of Veterans Affairs. Allows for the pursuit of an approved program of education while on active duty. Allows, under such assistance, for the pursuit of: (1) programs on less than a half-time basis; (2) apprenticeship or other on-job training; (3) correspondence courses; (4) flight training; (5) tutorial assistance; and (6) licensure and certification tests.
Authorizes the provision of supplemental veterans' educational assistance for additional service above the qualifying amount for basic educational assistance.
Directs the Secretary to carry out a program under which colleges and universities can voluntarily contribute a portion of the educational assistance costs for veterans attending such college or university, which contributions shall be matched by the Secretary.
Terminates the educational assistance authorized under this Act 15 years after the qualifying individual's last discharge or release from active duty. Bars the duplication of educational assistance benefits. Directs the Secretary to inform individuals of their entitlement to assistance provided under this Act.
Allows individuals currently under the Montgomery GI Bill educational assistance program to elect to participate in the post-9/11 educational assistance program with respect to any unused entitlement.
Amends the Higher Education Act of 1965 to prohibit educational assistance provided under specified benefit programs for veterans and members of the Selected Reserve from being considered in analyses of their need for assistance under title IV (Student Assistance) of the Act.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5651 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5651
To amend title 38, United States Code, to establish a program of
educational assistance for members of the Armed Forces who serve in the
Armed Forces after September 11, 2001, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2008
Mr. Mitchell introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committee on
Education and Labor, 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 concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish a program of
educational assistance for members of the Armed Forces who serve in the
Armed Forces after September 11, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Veterans' College
Affordability Act of 2008''.
SEC. 2. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO
SERVE AFTER SEPTEMBER 11, 2001.
(a) Educational Assistance Authorized.--
(1) In general.--Part III of title 38, United States Code,
is amended by inserting after chapter 32 the following new
chapter:
``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
``subchapter i--definitions
``Sec.
``3301. Definitions.
``subchapter ii--educational assistance
``3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001:
entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance for additional service.
``3317. Public-private contributions for additional educational
assistance.
``subchapter iii--administrative provisions
``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.
``SUBCHAPTER I--DEFINITIONS
``Sec. 3301. Definitions
``For purposes of this chapter:
``(1) The term `active duty' has the meanings as follows
(subject to the limitations specified in sections 3002(6) and
3311(b) of this title):
``(A) In the case of members of the regular
components of the Armed Forces, the meaning given such
term in section 101(21)(A) of this title.
``(B) In the case of members of the reserve
components of the Armed Forces, service on active duty
under a call or order to active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title
10.
``(2) The term `entry level and skill training' means the
following:
``(A) In the case of members of the Army, Basic
Combat Training and Advanced Individual Training.
``(B) In the case of members of the Navy, Recruit
Training (or Boot Camp) and Skill Training (or so-
called `A' School).
``(C) In the case of members of the Air Force,
Basic Military Training and Technical Training.
``(D) In the case of members of the Marine Corps,
Recruit Training and Marine Corps Training (or School
of Infantry Training).
``(E) In the case of members of the Coast Guard,
Basic Training.
``(3) The terms `program of education' and `Secretary of
Defense' have the meaning given such terms in section 3002 of
this title.
``SUBCHAPTER II--EDUCATIONAL ASSISTANCE
``Sec. 3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001: entitlement
``(a) Entitlement.--Subject to subsections (d) and (e), each
individual described in subsection (b) is entitled to educational
assistance under this chapter.
``(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
``(1) An individual (including an individual as a Reserve)
who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 36 months on active
duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty; or
``(ii) is discharged or released from
active duty as described in subsection (c).
``(2) An individual who--
``(A) commencing on or after September 11, 2001,
serves at least 30 continuous days on active duty in
the Armed Forces; and
``(B) after completion of service described in
subparagraph (A), is discharged or released from active
duty in the Armed Forces for a service-connected
disability.
``(3) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 30 months, but less
than 36 months, on active duty in the Armed Forces
(including service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 36 months; or
``(ii) before completion of service on
active duty of an aggregate of 36 months, is
discharged or released from active duty as
described in subsection (c).
``(4) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 24 months, but less
than 30 months, on active duty in the Armed Forces
(including service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 30 months; or
``(ii) before completion of service on
active duty of an aggregate of 30 months, is
discharged or released from active duty as
described in subsection (c).
``(5) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 18 months, but less
than 24 months, on active duty in the Armed Forces
(excluding service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 24 months; or
``(ii) before completion of service on
active duty of an aggregate of 24 months, is
discharged or released from active duty as
described in subsection (c).
``(6) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 12 months, but less
than 18 months, on active duty in the Armed Forces
(excluding service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 18 months; or
``(ii) before completion of service on
active duty of an aggregate of 18 months, is
discharged or released from active duty as
described in subsection (c).
``(7) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 6 months, but less than
12 months, on active duty in the Armed Forces
(excluding service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 12 months; or
``(ii) before completion of service on
active duty of an aggregate of 12 months, is
discharged or released from active duty as
described in subsection (c).
``(8) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 90 days, but less than
6 months, on active duty in the Armed Forces (excluding
service on active duty in entry level and skill
training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 6 months; or
``(ii) before completion of service on
active duty of an aggregate of 6 months, is
discharged or released from active duty as
described in subsection (c).
``(c) Covered Discharges and Releases.--A discharge or release from
active duty of an individual described in this subsection is a
discharge or release as follows:
``(1) A discharge from active duty in the Armed Forces with
an honorable discharge.
``(2) A release after service on active duty in the Armed
Forces characterized by the Secretary concerned as honorable
service and placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or placement on
the temporary disability retired list.
``(3) A release from active duty in the Armed Forces for
further service in a reserve component of the Armed Forces
after service on active duty characterized by the Secretary
concerned as honorable service.
``(4) A discharge or release from active duty in the Armed
Forces for--
``(A) a medical condition which preexisted the
service of the individual as described in the
applicable paragraph of subsection (b) and which the
Secretary determines is not service-connected;
``(B) hardship; or
``(C) a physical or mental condition that was not
characterized as a disability and did not result from
the individual's own willful misconduct but did
interfere with the individual's performance of duty, as
determined by the Secretary concerned in accordance
with regulations prescribed by the Secretary of
Defense.
``(d) Prohibition on Treatment of Certain Service as Period of
Active Duty.--The following periods of service shall not be considered
a part of the period of active duty on which an individual's
entitlement to educational assistance under this chapter is based:
``(1) A period of service on active duty of an officer
pursuant to an agreement under section 2107(b) of title 10.
``(2) A period of service on active duty of an officer
pursuant to an agreement under section 4348, 6959, or 9348 of
title 10.
``(3) A period of service that is terminated because of a
defective enlistment and induction based on--
``(A) the individual's being a minor for purposes
of service in the Armed Forces;
``(B) an erroneous enlistment or induction; or
``(C) a defective enlistment agreement.
``(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to educational
assistance under this chapter is entitled by reason of both paragraphs
(4) and (5) of subsection (b), the individual shall be treated as being
entitled to educational assistance under this chapter by reason of
paragraph (5) of such subsection.
``Sec. 3312. Educational assistance: duration
``(a) In General.--Subject to section 3695 of this title and except
as provided in subsections (b) and (c), an individual entitled to
educational assistance under this chapter is entitled to a number of
months of educational assistance under section 3313 of this title equal
to 36 months, which is the equivalent of four academic years.
``(b) Continuing Receipt.--The receipt of educational assistance
under section 3313 of this title by an individual entitled to
educational assistance under this chapter is subject to the provisions
of section 3321(b)(2) of this title.
``(c) Discontinuation of Education for Active Duty.--(1) Any
payment of educational assistance described in paragraph (2) shall
not--
``(A) be charged against any entitlement to educational
assistance of the individual concerned under this chapter; or
``(B) be counted against the aggregate period for which
section 3695 of this title limits the individual's receipt of
educational assistance under this chapter.
``(2) Subject to paragraph (3), the payment of educational
assistance described in this paragraph is the payment of such
assistance to an individual for pursuit of a course or courses under
this chapter if the Secretary finds that the individual--
``(A)(i) in the case of an individual not serving on active
duty, had to discontinue such course pursuit as a result of
being called or ordered to serve on active duty under section
688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;
or
``(ii) in the case of an individual serving on active duty,
had to discontinue such course pursuit as a result of being
ordered to a new duty location or assignment or to perform an
increased amount of work; and
``(B) failed to receive credit or lost training time toward
completion of the individual's approved education,
professional, or vocational objective as a result of having to
discontinue, as described in subparagraph (A), the individual's
course pursuit.
``(3) The period for which, by reason of this subsection,
educational assistance is not charged against entitlement or counted
toward the applicable aggregate period under section 3695 of this title
shall not exceed the portion of the period of enrollment in the course
or courses from which the individual failed to receive credit or with
respect to which the individual lost training time, as determined under
paragraph (2)(B).
``Sec. 3313. Educational assistance: amount; payment
``(a) Payment.--The Secretary shall pay to each individual entitled
to educational assistance under this chapter who is pursuing an
approved program of education (other than a program covered by
subsections (e) through (i)) the amounts specified in subsection (c) to
meet the expenses of such individual's subsistence, tuition, fees, and
other educational costs for pursuit of such program of education.
``(b) Approved Programs of Education.--Except as provided in
subsections (g) through (i), a program of education is an approved
program of education for purposes of this chapter if the program of
education is approved for purposes of chapter 30 of this title.
``(c) Amount of Educational Assistance.--The amounts payable under
this subsection for pursuit of an approved program of education are
amounts as follows:
``(1) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(1)
or 3311(b)(2) of this title, amounts as follows:
``(A) An amount equal to the established charges
for the program of education, except that the amount
payable under this subparagraph may not exceed the
maximum amount of established charges regularly charged
in-State students for full-time pursuit of programs of
education by the public institution of higher education
in the State in which the individual is enrolled that
has the highest rate of regularly-charged established
charges for programs of education among all public
institutions of higher education in such State.
``(B) A monthly housing stipend in an amount equal
to the monthly amount of the basic allowance for
housing payable under section 403 of title 37 for a
member with dependents in pay grade E-5 residing in the
military housing area that encompasses all or the
majority portion of the ZIP code area in which is
located the institution of higher education at which
the individual is enrolled.
``(C) A yearly stipend for books, supplies,
equipment, and other educational costs in the amount of
$1,000.
``(2) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(3)
of this title, amounts equal to 90 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(3) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(4)
of this title, amounts equal to 80 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(4) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(5)
of this title, amounts equal to 70 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(5) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(6)
of this title, amounts equal to 60 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(6) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(7)
of this title, amounts equal to 50 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(7) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(8)
of this title, amounts equal to 40 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(d) Frequency of Payment.--(1) Payment of the amounts payable
under subsection (c)(1)(A), and of similar amounts payable under
paragraphs (2) through (7) of subsection (c), for pursuit of a program
of education shall be made in a lump-sum amount for the entire quarter,
semester, or term, as applicable, of the program of education before
the commencement of such quarter, semester, or term.
``(2) Payment of the amount payable under subsection (c)(1)(B), and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c), for pursuit of a program of education shall be made on
a monthly basis.
``(3) The amount payable under subsection (c)(1)(C), and similar
amounts payable under paragraphs (2) through (7) of subsection (c), for
pursuit of a program of education shall be payable in equal
installments for the quarter, semester, or term, as applicable, falling
within the year concerned. Payment of such amounts shall be made in a
lump-sum amount for the entire quarter, semester, or term, as the case
may be, of the program of education before the commencement of such
quarter, semester, or term.
``(4) The Secretary shall prescribe in regulations methods for
determining the number of months (including fractions thereof) of
entitlement of an individual to educational assistance this chapter
that are chargeable under this chapter for an advance payment of
amounts under paragraphs (1) and (3) for pursuit of a program of
education on a quarter, semester, term, or other basis.
``(e) Programs of Education Pursued on Active Duty.--(1)
Educational assistance is payable under this chapter for pursuit of an
approved program of education while on active duty.
``(2) The amount of educational assistance payable under this
chapter to an individual pursuing a program of education while on
active duty is the lesser of--
``(A) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved would
be required to pay; or
``(B) the amount of the charges of the educational
institution as elected by the individual in the manner
specified in section 3014(b)(1) of this title.
``(3) Payment of the amount payable under paragraph (2) for pursuit
of a program of education shall be made in a lump-sum amount for the
entire quarter, semester, or term, as applicable, of the program of
education before the commencement of such quarter, semester, or term.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(4)) for which amounts are paid an
individual under this subsection, the entitlement of the individual to
educational assistance under this chapter shall be charged at the rate
of one month for each such month.
``(f) Programs of Education Pursued on Less Than Half-Time Basis.--
(1) Educational assistance is payable under this chapter for pursuit of
an approved program of education on less than half-time basis.
``(2) The educational assistance payable under this chapter to an
individual pursuing a program of education on less than half-time basis
is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charges which similarly
circumstanced nonveterans enrolled in the program of
education involved would be required to pay; or
``(ii) the maximum amount that would be payable to
the individual for the program of education under
paragraph (1)(A) of subsection (c), or under the
provisions of paragraphs (2) through (7) of subsection
(c) applicable to the individual, for the program of
education if the individual were entitled to amounts
for the program of education under subsection (c)
rather than this subsection.
``(B) A housing stipend in an amount equal to the amount of
the appropriately reduced amount of monthly stipend for housing
otherwise payable to the individual under subsection (c).
``(C) A stipend in an amount equal to the amount of the
appropriately reduced amount of the yearly stipend for books,
supplies, equipment, and other educational costs otherwise
payable to the individual under subsection (c).
``(3)(A) Payment of the amounts payable to an individual under
subparagraphs (A) and (C) of paragraph (2) for pursuit of a program of
education on less than half-time basis shall be made in a lump-sum, and
shall be made not later than the last day of the month immediately
following the month in which certification is received from the
educational institution involved that the individual has enrolled in
and is pursuing a program of education at the institution.
``(B) Payments of the amounts payable to an individual under
subparagraph (B) of paragraph (2) shall be made on a monthly basis.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(4)) for which amounts are paid an
individual under this subsection, the entitlement of the individual to
educational assistance under this chapter shall be charged at a
percentage of a month equal to--
``(A) the number of course hours borne by the individual in
pursuit of the program of education involved, divided by
``(B) the number of course hours for full-time pursuit of
such program of education.
``(g) Apprenticeship or Other On-Job Training.--(1) Educational
assistance is payable under this chapter for full-time pursuit of a
program of apprenticeship or other on-job training described in
paragraphs (1) and (2) of section 3687(a) of this title.
``(2) The educational assistance payable under this chapter to an
individual for pursuit of a program of apprenticeship or training
referred to in paragraph (1) is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charge which similarly
circumstances nonveterans enrolled in the program would
be required to pay; or
``(ii) the maximum amount that would be payable to
the individual for the program of education under
paragraph (1)(A) of subsection (c), or under the
provisions of paragraphs (2) through (7) of subsection
(c) applicable to the individual, for the program of
education if the individual were entitled to amounts
for the program of education under subsection (c)
rather than this subsection.
``(B) A housing stipend in an amount equal to the amount of
the appropriately reduced amount of monthly stipend for housing
otherwise payable to the individual under subsection (c).
``(C) A stipend in an amount equal to the amount of the
appropriately reduced amount of the yearly stipend for books,
supplies, equipment, and other educational costs otherwise
payable to the individual under subsection (c).
``(3) The nature and amount of the tuition, fees, and other
expenses constituting the established charge for a program of
apprenticeship or training under this subsection shall be determined in
accordance with regulations prescribed by the Secretary.
``(4)(A) Payment of the amounts payable under subparagraphs (A) and
(C) of paragraph (2) for pursuit of a program of apprenticeship or
training shall be made, at the election of the Secretary--
``(i) in a lump sum for such period of the program as the
Secretary shall determine before the commencement of such
period of the program; or
``(ii) on a monthly basis.
``(B) Payments of the amounts payable under subparagraph (B) of
paragraph (2) shall be made on a monthly basis.
``(5) For each month (as determined pursuant to the methods
prescribed under subsection (d)(4)) for which amounts are paid an
individual under this subsection, the entitlement of the individual to
educational assistance under this chapter shall be charged at the rate
of one month for each such month.
``(h) Programs of Education by Correspondence.--(1) Educational
assistance is payable under this chapter for pursuit of a program of
education exclusively by correspondence.
``(2) The educational assistance payable under this chapter to an
individual who is pursuing a program of education exclusively by
correspondence is the amounts as follows:
``(A) An amount equal to 55 percent of amount that would be
payable to the individual for the program of education under
paragraph (1)(A) of subsection (c), or under the provisions of
paragraphs (2) through (7) of subsection (c) applicable to the
individual, for the program of education if the individual were
entitled to amounts for the program of education under
subsection (c) rather than this subsection.
``(B) A stipend in an amount equal to the equivalent of 55
percent of the appropriately reduced amount of the yearly
stipend for books, supplies, equipment, and other educational
costs otherwise payable to the individual under subsection (c).
``(3) Payment of the amounts payable under paragraph (2) for
pursuit of a program of education by correspondence shall be made
quarterly on a pro rata basis for the lessons completed by the
individual and serviced by the institution involved.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(4)) for which amounts are paid an
individual under this subsection, the entitlement of the individual to
educational assistance under this chapter shall be charged at the rate
of one month for each such month.
``(i) Flight Training.--(1) Educational assistance is payable under
this chapter for a program of education consisting of flight training
as follows:
``(A) Courses of flight training approved under section
3860A(b) of this title.
``(B) Flight training meeting the requirements of section
3034(d) of this title.
``(2) Paragraphs (2) and (4) of section 3032(e) of this title shall
apply with respect to the availability of educational assistance under
this chapter for pursuit of flight training covered by paragraph (1).
``(3) The educational assistance payable under this chapter to an
individual for pursuit of a program of education consisting of flight
training covered by paragraph (1) is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charge which similarly
circumstances nonveterans enrolled in the program would
be required to pay; or
``(ii) the maximum amount that would be payable to
the individual for the program of education under
paragraph (1)(A) of subsection (c), or under the
provisions of paragraphs (2) through (7) of subsection
(c) applicable to the individual, for the program of
education if the individual were entitled to amounts
for the program of education under subsection (c)
rather than this subsection.
``(B) A housing stipend in an amount equal to the amount of
the appropriately reduced amount of monthly stipend for housing
otherwise payable to the individual under subsection (c).
``(C) A monthly stipend in an amount equal to the monthly
equivalent of the appropriately reduced amount of the yearly
stipend for books, supplies, equipment, and other educational
costs otherwise payable to the individual under subsection (c).
``(4) The nature and amount of the tuition, fees, and other
expenses constituting the established charge for a program of flight
training under this subsection shall be determined in accordance with
regulations prescribed by the Secretary.
``(5) Payment of the amounts payable under paragraph (3) for
pursuit of a program of flight training shall be made on a monthly
basis.
``(6) For each month for which amounts are paid an individual under
this subsection, the entitlement of the individual to educational
assistance under this chapter shall be charged at the rate of one month
for each such month.
``(j) Payment of Certain Amounts by Voucher.--Amounts payable under
subsections (c)(1)(A), (e)(2)(A), (f)(2)(A), (g)(2)(A), (h)(2)(A), and
(i)(3)(A) shall be paid to the individual concerned in the form of a
voucher, or other form of credit specified by the Secretary for
purposes of this subsection, that is redeemable by the educational
institution concerned in such manner as the Secretary shall prescribe.
``(k) Established Charges Defined.--(1) In subsections (c), (e),
and (f), the term `established charges', in the case of a program of
education, means the actual charges (as determined pursuant to
regulations prescribed by the Secretary) for tuition and fees which
similarly circumstanced nonveterans enrolled in the program of
education would be required to pay.
``(2) Established charges shall be determined for purposes of this
subsection on the following basis:
``(A) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term, quarter,
or semester.
``(B) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis,
the tuition and fees charged the individual for the entire
program of education.
``Sec. 3314. Tutorial assistance
``(a) In General.--Subject to subsection (b), an individual
entitled to educational assistance under this chapter shall also be
entitled to benefits provided an eligible veteran under section 3492 of
this title.
``(b) Conditions.--(1) The provision of benefits under subsection
(a) shall be subject to the conditions applicable to an eligible
veteran under section 3492 of this title.
``(2) In addition to the conditions specified in paragraph (1),
benefits may not be provided to an individual under subsection (a)
unless the professor or other individual teaching, leading, or giving
the course for which such benefits are provided certifies that--
``(A) such benefits are essential to correct a deficiency
of the individual in such course; and
``(B) such course is required as a part of, or is
prerequisite or indispensable to the satisfactory pursuit of,
an approved program of education.
``(c) Amount.--(1) The amount of benefits described in subsection
(a) that are payable under this section may not exceed $100 per month,
for a maximum of 12 months, or until a maximum of $1,200 is utilized.
``(2) The amount provided an individual under this subsection is in
addition to the amounts of educational assistance paid the individual
under section 3313 of this title.
``(d) No Charge Against Entitlement.--Any benefits provided an
individual under subsection (a) are in addition to any other
educational assistance benefits provided the individual under this
chapter.
``Sec. 3315. Licensure and certification tests
``(a) In General.--An individual entitled to educational assistance
under this chapter shall also be entitled to payment for one licensing
or certification test described in section 3452(b) of this title.
``(b) Limitation on Amount.--The amount payable under subsection
(a) for a licensing or certification test may not exceed the lesser
of--
``(1) $2,000; or
``(2) the fee charged for the test.
``(c) No Charge Against Entitlement.--Any amount paid an individual
under subsection (a) is in addition to any other educational assistance
benefits provided the individual under this chapter.
``Sec. 3316. Supplemental educational assistance for additional service
``(a) In General.--Under such regulations as the Secretary of
Defense shall prescribe, an individual entitled to educational
assistance under this chapter shall be eligible for supplemental
educational assistance for additional service as authorized by the
provisions of subchapter III of chapter 30 of this title.
``(b) Administration.--The qualification for entitlement, amount,
and payment of supplemental educational assistance under this section
shall be in accordance with the provisions of subchapter III of chapter
30 of this title, except that any reference in such provisions to
eligibility for basic educational assistance under a provision of
subchapter II of chapter 30 of this title shall be treated as a
reference to eligibility for educational assistance under the
appropriate provision of this chapter.
``Sec. 3317. Public-private contributions for additional educational
assistance
``(a) Establishment of Program.--In instances where the educational
assistance provided pursuant to section 3313(c)(1)(A) does not cover
the full cost of established charges (as specified in section 3313 of
this title), the Secretary shall carry out a program under which
colleges and universities can, voluntarily, enter into an agreement
with the Secretary to cover a portion of those established charges not
otherwise covered under section 3313(c)(1)(A), which contributions
shall be matched by equivalent contributions toward such costs by the
Secretary. The program shall only apply to covered individuals
described in paragraphs (1) and (2) of section 3311(b).
``(b) Designation of Program.--The program under this section shall
be known as the `Yellow Ribbon G.I. Education Enhancement Program'.
``(c) Agreements.--The Secretary shall enter into an agreement with
each college or university seeking to participate in the program under
this section. Each agreement shall specify the following:
``(1) The manner (whether by direct grant, scholarship, or
otherwise) of the contributions to be made by the college or
university concerned.
``(2) The maximum amount of the contribution to be made by
the college or university concerned with respect to any
particular individual in any given academic year.
``(3) The maximum number of individuals for whom the
college or university concerned will make contributions in any
given academic year.
``(4) Such other matters as the Secretary and the college
or university concerned jointly consider appropriate.
``(d) Matching Contributions.--(1) In instances where the
educational assistance provided an individual under section
3313(c)(1)(A) of this title does not cover the full cost of tuition and
mandatory fees at a college or university, the Secretary shall provide
up to 50 percent of the remaining costs for tuition and mandatory fees
if the college or university voluntarily enters into an agreement with
the Secretary to match an equal percentage of any of the remaining
costs for such tuition and fees.
``(2) Amounts available to the Secretary under section 3324(b) of
this title for payment of the costs of this chapter shall be available
to the Secretary for purposes of paragraph (1).
``(e) Outreach.--The Secretary shall make available on the Internet
website of the Department available to the public a current list of the
colleges and universities participating in the program under this
section. The list shall specify, for each college or university so
listed, appropriate information on the agreement between the Secretary
and such college or university under subsection (c).
``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
``Sec. 3321. Time limitation for use of and eligibility for entitlement
``(a) In General.--Except as provided in this section, the period
during which an individual entitled to educational assistance under
this chapter may use such individual's entitlement expires at the end
of the 15-year period beginning on the date of such individual's last
discharge or release from active duty.
``(b) Exceptions.--(1) Subsections (b), (c), and (d) of section
3031 of this title shall apply with respect to the running of the 15-
year period described in subsection (a) of this section in the same
manner as such subsections apply under section 3031 of this title with
respect to the running of the 10-year period described in section
3031(a) of this title.
``(2) Section 3031(f) of this title shall apply with respect to the
termination of an individual's entitlement to educational assistance
under this chapter in the same manner as such section applies to the
termination of an individual's entitlement to educational assistance
under chapter 30 of this title, except that, in the administration of
such section for purposes of this chapter, the reference to section
3013 of this title shall be deemed to be a reference to 3312 of this
title.
``(3) For purposes of subsection (a), an individual's last
discharge or release from active duty shall not include any discharge
or release from a period of active duty of less than 90 days of
continuous service, unless the individual is discharged or released as
described in section 3311(b)(2) of this title.
``Sec. 3322. Bar to duplication of educational assistance benefits
``(a) In General.--An individual entitled to educational assistance
under this chapter who is also eligible for educational assistance
under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or
1607 of title 10, or the provisions of the Hostage Relief Act of 1980
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance
under two or more such programs concurrently, but shall elect (in such
form and manner as the Secretary may prescribe) under which chapter or
provisions to receive educational assistance.
``(b) Inapplicability of Service Treated Under Educational Loan
Repayment Programs.--A period of service counted for purposes of
repayment of an education loan under chapter 109 of title 10 may not be
counted as a period of service for entitlement to educational
assistance under this chapter.
``(c) Service in Selected Reserve.--An individual who serves in the
Selected Reserve may receive credit for such service under only one of
this chapter, chapter 30 of this title, and chapters 1606 and 1607 of
title 10, and shall elect (in such form and manner as the Secretary may
prescribe) under which chapter such service is to be credited.
``(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter 30, 31, 32,
or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the
provisions of the Hostage Relief Act of 1980, or making contributions
toward entitlement to educational assistance under chapter 30 of this
title, as of the date of the enactment of the Post-9/11 Veterans
Educational Assistance Act of 2007, coordination of entitlement to
educational assistance under this chapter, on the one hand, and such
chapters or provisions, on the other, shall be governed by the
provisions of section 3(c) of the Post-9/11 Veterans Educational
Assistance Act of 2007.
``Sec. 3323. Administration
``(a) In General.--(1) Except as otherwise provided in this
chapter, the provisions specified in section 3034(a)(1) of this title
shall apply to the provision of educational assistance under this
chapter.
``(2) In applying the provisions referred to in paragraph (1) to an
individual entitled to educational assistance under this chapter for
purposes of this section, the reference in such provisions to the term
`eligible veteran' shall be deemed to refer to an individual entitled
to educational assistance under this chapter.
``(3) In applying section 3474 of this title to an individual
entitled to educational assistance under this chapter for purposes of
this section, the reference in such section 3474 to the term
`educational assistance allowance' shall be deemed to refer to
educational assistance payable under section 3313 of this title.
``(4) In applying section 3482(g) of this title to an individual
entitled to educational assistance under this chapter for purposes of
this section--
``(A) the first reference to the term `educational
assistance allowance' in such section 3482(g) shall be deemed
to refer to educational assistance payable under section 3313
of this title; and
``(B) the first sentence of paragraph (1) of such section
3482(g) shall be applied as if such sentence ended with
`equipment'.
``(b) Information on Benefits.--(1) The Secretary of Veterans
Affairs shall provide the information described in paragraph (2) to
each member of the Armed Forces at such times as the Secretary of
Veterans Affairs and the Secretary of Defense shall jointly prescribe
in regulations.
``(2) The information described in this paragraph is information on
benefits, limitations, procedures, eligibility requirements (including
time-in-service requirements), and other important aspects of
educational assistance under this chapter, including application forms
for such assistance under section 5102 of this title.
``(3) The Secretary of Veterans Affairs shall furnish the
information and forms described in paragraph (2), and other educational
materials on educational assistance under this chapter, to educational
institutions, training establishments, military education personnel,
and such other persons and entities as the Secretary considers
appropriate.
``(c) Regulations.--(1) The Secretary shall prescribe regulations
for the administration of this chapter.
``(2) Any regulations prescribed by the Secretary of Defense for
purposes of this chapter shall apply uniformly across the Armed Forces.
``Sec. 3324. Allocation of administration and costs
``(a) Administration.--Except as otherwise provided in this
chapter, the Secretary shall administer the provision of educational
assistance under this chapter.
``(b) Costs.--Payments for entitlement to educational assistance
earned under this chapter shall be made from funds appropriated to, or
otherwise made available to, the Department of Veterans Affairs for the
payment of readjustment benefits.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and at the beginning
of part III of such title, are each amended by inserting after
the item relating to chapter 32 the following new item:
``33. Post-9/11 Educational Assistance...................... 3301''.
(b) Conforming Amendments.--
(1) Amendments relating to duplication of benefits.--
(A) Section 3033 of title 38, United States Code,
is amended--
(i) in subsection (a)(1), by inserting
``33,'' after ``32,''; and
(ii) in subsection (c), by striking ``both
the program established by this chapter and the
program established by chapter 106 of title
10'' and inserting ``two or more of the
programs established by this chapter, chapter
33 of this title, and chapters 1606 and 1607 of
title 10''.
(B) Paragraph (4) of section 3695(a) of such title
is amended to read as follows:
``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
(C) Section 16163(e) of title 10, United States
Code, is amended by inserting ``33,'' after ``32,''.
(2) Additional conforming amendments.--
(A) Title 38, United States Code, is further
amended by inserting ``33,'' after ``32,'' each place
it appears in the following provisions:
(i) In subsections (b) and (e)(1) of
section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1),
(c)(1)(G), (d), and (e)(2) of section 3689.
(iv) In section 3690( b)(3)(A).
(v) In subsections (a) and (b) of section
3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is amended by
striking ``or 32'' and inserting ``32, or 33''.
(c) Applicability to Individuals Under Montgomery GI Bill
Program.--
(1) Individuals eligible to elect participation in post-9/
11 educational assistance.--An individual may elect to receive
educational assistance under chapter 33 of title 38, United
States Code (as added by subsection (a)), if such individual--
(A) as of the date of the enactment of this Act--
(i) is entitled to basic educational
assistance under chapter 30 of title 38, United
States Code, and has used, but retains unused,
entitlement under that chapter;
(ii) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10,
United States Code, and has used, but retains
unused, entitlement under the applicable
chapter;
(iii) is entitled to basic educational
assistance under chapter 30 of title 38, United
States Code, but has not used any entitlement
under that chapter;
(iv) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10,
United States Code, but has not used any
entitlement under such chapter;
(v) is a member of the Armed Forces who is
eligible for receipt of basic educational
assistance under chapter 30 of title 38, United
States Code, and is making contributions toward
such assistance under section 3011(b) or
3012(c) of such title; or
(vi) is a member of the Armed Forces who is
not entitled to basic educational assistance
under chapter 30 of title 38, United States
Code, by reason of an election under section
3011(c)(1) or 3012(d)(1) of such title; and
(B) as of the date of the individual's election
under this paragraph, meets the requirements for
entitlement to educational assistance under chapter 33
of title 38, United States Code (as so added).
(2) Election on treatment of transferred entitlement.--
(A) Election.--If, on the date an individual
described in subparagraph (A)(i) or (A)(iii) of
paragraph (1) makes an election under that paragraph, a
transfer of the entitlement of the individual to basic
educational assistance under section 3020 of title 38,
United States Code, is in effect and a number of months
of the entitlement so transferred remain unutilized,
the individual may elect to revoke all or a portion of
the entitlement so transferred that remains unutilized.
(B) Availability of revoked entitlement.--Any
entitlement revoked by an individual under this
paragraph shall no longer be available to the dependent
to whom transferred, but shall be available to the
individual instead for educational assistance under
chapter 33 of title 38, United States Code (as so
added), as provided in paragraph (3)(B).
(C) Availability of unrevoked entitlement.--Any
entitlement described in subparagraph (A) that is not
revoked by an individual in accordance with that
subparagraph shall remain available to the dependent or
dependents concerned in accordance with the current
transfer of such entitlement under section 3020 of
title 38, United States Code.
(3) Post-9/11 educational assistance.--
(A) In general.--Subject to subparagraph (B), an
individual making an election under paragraph (1) shall
be entitled to educational assistance under chapter 33
of title 38, United States Code (as so added), in
accordance with the provisions of such chapter, instead
of basic educational assistance under chapter 30 of
title 38, United States Code, or educational assistance
under chapter 107, 1606, or 1607 of title 10, United
States Code, as applicable.
(B) Limitation on entitlement for certain
individuals.--In the case of an individual making an
election under paragraph (1) who is described by
subparagraph (A)(i) of that paragraph, the number of
months of entitlement of such individual to educational
assistance under chapter 33 of title 38, United States
Code (as so added), shall be the number of months equal
to the number of months of unused entitlement of such
individual under chapter 30 of title 38, United States
Code, as of the date of the election, including any
number of months entitlement revoked by the individual
under paragraph (2)(A).
(4) Continuing educational assistance under montgomery gi
bill.--
(A) In general.--If the aggregate amount of
entitlement to educational assistance under chapter 33
of title 38, United States Code (as so added),
accumulated by an individual described in subparagraph
(A)(i) or (A)(ii) of paragraph (1) who makes an
election under that paragraph is less than 36 months,
the individual shall retain, and may utilize, any
unutilized entitlement of the individual to educational
assistance under chapter 30 of title 38, United States
Code, or chapter 107, 1606, or 1607 of title 10, United
States Code, as applicable, for a number of months
equal to the lesser of--
(i) 36 months minus the number of months of
entitlement so accumulated by the individual;
or
(ii) the number of months of such
unutilized entitlement of the individual.
(B) Utilization of retained entitlement.--The
utilization of entitlement retained by an individual
under this paragraph shall be governed by the
provisions of chapter 30 of title 38, United States
Code, or chapter 107, 1606, or 1607 of title 10, United
States Code, as applicable.
(5) Treatment of contributions toward basic educational
assistance.--
(A) Refund of contributions.--Except as provided in
subparagraph (B), the Secretary of Veterans Affairs
shall pay to each individual making an election under
paragraph (1) who is described by clause (i), (iii), or
(v) of subparagraph (A) of that paragraph an amount
equal to the total amount of contributions made by such
individual under subchapter II of chapter 30 of title
38, United States Code, for basic educational
assistance under that chapter, including any
contributions made under subsection (b) or (e) of
section 3011 of such title or any contributions made
under subsection (c) or (f) of section 3012 of such
title.
(B) Exception.--In the case of an individual
described by subparagraph (A) who is entitled to basic
educational assistance under chapter 30 of title 38,
United States Code, by reason of paragraph (4)(A), the
amount payable to the individual under this paragraph
shall be an amount equal to--
(i) the amount otherwise payable to the
individual under subparagraph (A), multiplied
by
(ii) a fraction--
(I) the numerator of which is the
number equal to the number of months of
basic educational assistance under
chapter 30 of title 38, United States
Code, to which the individual is
entitled by reason of paragraph (4)(A);
and
(II) the denominator of which is
36.
(C) Cessation of contributions.--Effective as of
the first month beginning on or after the date of an
election under paragraph (1) of an individual described
by subparagraph (A)(v) of that paragraph, the
obligation of such individual to make contributions
under section 3011(b) or 3012(c) of title 38, United
States Code, as applicable, shall cease, and the
requirements of such section shall be deemed to be no
longer applicable to such person.
(6) Termination of entitlement under montgomery gi bill.--
Except as otherwise provided in paragraph (4), effective on the
last day of the month in which an individual makes an election
under paragraph (1), the entitlement, if any, of the individual
to basic educational assistance under chapter 30 of title 38,
United States Code, or educational assistance under chapter
107, 1606, or 1607 of title 10, United States Code, as
applicable, shall terminate.
(7) Irrevocability of elections.--An election under
paragraph (1) or (2)(A) is irrevocable.
SEC. 3. TREATMENT AS OTHER FINANCIAL AID.
Section 480(j)(1) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(j)(1)) is amended--
(1) by striking ``veterans' education benefits as in
subsection (c) of this section, and''; and
(2) by inserting before the period at the end the
following: ``, but excluding any payments of educational
assistance to veterans under title 38, United States Code, and
to members of the Selected Reserve under chapters 1606 and 1607
of title 10, United States Code''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Education and Labor, 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 concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Education and Labor, 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 concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Education and Labor, 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 concerned.
Referred to the Subcommittee on Economic Opportunity.
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