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[Senate Report 110-433]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 902
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-433

======================================================================

 
 VETERANS' EDUCATIONAL ASSISTANCE BENEFITS TECHNICAL CORRECTION ACT OF 
                                  2008

                                _______
                                

                 July 26, 2008.--Ordered to be printed

                                _______
                                

          Mr. Akaka, from the Committee on Veterans' Affairs,
                        submitted the following

                              R E P O R T

                             together with

                           SUPPLEMENTAL VIEWS

                         [To accompany S. 3339]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs (hereinafter, 
``Committee''), reports favorably an original bill (S. 3339) to 
amend chapter 33 of title 38, United States Code, to clarify 
and improve authorities relating to the availability of post-9/
11 veterans educational assistance, and for other purposes, and 
recommends that the bill do pass.

                              Introduction

    On June 26, 2008, the Committee met in legislative session 
to consider a number of measures pending before the Committee, 
including an original measure proposed by Chairman Daniel K. 
Akaka to clarify and improve authorities relating to the 
availability of post-9/11 educational assistance.

                           Committee Hearing

    No hearings were held on this measure.

                           Committee Meeting

    On June 26, 2008, the Committee met in open session to 
consider legislation pending before the Committee. Among the 
items considered was an original bill making technical 
corrections to clarify and improve authorities relating to the 
availability of post-9/11 educational assistance (hereinafter, 
``Committee bill''). The Committee voted by voice vote to 
report the Committee bill to the Senate.

               Summary of the Committee Bill as Reported

    The Committee bill contains provisions that would amend 
chapter 33 of title 38, United States Code, to:

          1. Clarify how benefit levels are to be calculated 
        for certain training outside the United States;
          2. Clarify that proprietary for-profit institutions 
        of higher learning would not be eligible to participate 
        in the ``Yellow Ribbon G.I. Education Enhancement 
        Program'' (hereinafter, ``Yellow Ribbon Program'');
          3. Clarify the nature of the agreements between the 
        Department of Veterans Affairs (hereinafter, ``VA'') 
        and institutions participating in the Yellow Ribbon 
        Program; and
          4. Require VA to take steps necessary to ensure that 
        the education provisions in chapter 33 can be 
        implemented on August 1, 2009, and provide VA with 
        authority to proceed under interim or final 
        regulations.

                       Background and Discussion

    On January 4, 2007, Senator Webb introduced S. 22, the 
Post-9/11 Veterans Educational Assistance Act of 2007. Since 
introduction, this measure was listed on the agenda of three 
hearings of the Committee: May 9, 2007; July 31, 2007; and May 
7, 2008.
    On May 15, in the context of the Supplemental 
Appropriations Act, 2008 (H.R. 2642), the House of 
Representatives passed provisions derived from S. 22 by a vote 
of 256 to 166. The Senate passed virtually identical provisions 
on May 22 by a vote of 75 to 22.
    Following the resolution of differences between the House 
and Senate versions of the supplemental, the measure was 
presented to the President and signed into law as Public Law 
110-252 on June 30, 2008. Title V of that public law 
establishes a new program of educational assistance to 
individuals serving in the Armed Forces since September 11, 
2001, which is codified in a new chapter 33 of title 38.
    Even before the measure became law, the Committee was made 
aware of a variety of issues and concerns that VA and the 
Department of Defense (hereinafter, ``DOD'') raised that will 
need to be addressed in order to ensure the smoothest possible 
transition to this new program. This Committee bill is the 
first of what the Committee envisions will be a series of 
measures developed with broad input from the Executive branch 
and from a bipartisan coalition dedicated to working together 
to make the new program a success.
    The Committee bill consists of one section with provisions 
addressing four issues as discussed below.

A. Modifications of Base Amounts of Educational Assistance for Training 
        Outside the United States

    As enacted in Public Law 110-252, new section 3313 
prescribes the manner in which rates of benefits are to be paid 
for college level training on more than a part-time basis. 
Briefly, rates for individuals are to be computed based on the 
lesser of the actual costs of tuition and fees regularly 
charged by an institution of higher learning for undergraduate 
programs or the highest rate of such charges regularly charged 
in-State students by a four-year public institution of higher 
learning offering an approved undergraduate program of 
education within the state where the institution is located. In 
addition, individuals training on more than a half-time basis 
receive a living stipend based on the zip code for the area in 
which the institution of higher learning is located.
    This new section 3313, however, does not provide for a 
means of computing the maximum rate to be paid to individuals 
training outside the United States at facilities that are not 
branches of institutions based in the United States and does 
not clearly set forth the maximum rate for individuals training 
outside the United States at branches of institutions based in 
the United States.
    Thus, subsection (a) of the Committee bill would clarify 
that the maximum rate to be paid to individuals training 
outside the United States at branches of institutions based in 
the United States would be based on the highest rate of 
dubitation and fees regularly charged full-time in-State 
students pursuing undergraduate programs of education in the 
state in which the institution is located.
    It would also provide that the rate to be paid for training 
outside of the United States at facilities that are not 
branches of institutions based in the United States is to be 
based on the national average charged for full-time in-State 
students pursuing undergraduate programs of education at public 
four-year institutions during the preceding academic year. It 
would further provide that for those students, the rate of the 
monthly living stipend would be based on the national average 
of the basic allowance for housing payable for a servicemember 
with dependents in pay grade E-5 residing in the continental 
United States. The Committee expects that this would be 
computed based on data available from ``selected military 
compensation'' as published annually by the Department of 
Defense.

B. Institutions Eligible to Participate in a Program of Public-Private 
        Contributions for Additional Educational Assistance

    Under section 3317 of the new chapter 33, there is 
established a program of public-private contributions for 
additional educational assistance to be known as the Yellow 
Ribbon Program. Under this program, colleges and universities 
would be able to further offset the costs of a program of 
education by making available to participating individuals an 
additional amount of assistance. That additional assistance 
would be matched dollar-for-dollar by VA, up to 50% of the 
difference between the cost of tuition and fees and the amount 
otherwise provided under chapter 33 for tuition and fees.
    In view of concerns expressed by VA, subsection (b) of the 
Committee bill would amend section 3317 to provide that only 
public and private non-profit institutions of higher learning 
would be eligible to participate in such matching programs.

C. Requirements for Participating Institutions

    Under the section 3317 Yellow Ribbon Program, the new 
provisions added by Public Law 110-252 require the VA Secretary 
to ``enter into an agreement with each college and university 
seeking to participate in the program'' specifying various 
elements of the manner in which the matching program would be 
conducted.
    VA testified before the Committee that the term ``enter 
into an agreement'' would require VA to enter into a 
``Memorandum of Understanding'' with each individual 
participating institution. In order to remove any such 
requirement, subsection (c) of the Committee bill would revise 
existing law to remove any reference to ``entering into an 
agreement''. It would instead require that participating 
colleges or universities submit to the Secretary of VA a report 
on the manner by which the college or university would provide 
additional assistance to the individual and the amount of the 
contributions to be made by the college or university for each 
covered individual. In addition, the Committee bill would 
clarify that a participating college or university must offer 
the same percentage of additional assistance to all individuals 
receiving assistance under the Yellow Ribbon Program who are 
pursuing a program of education at that college or university.

D. Anticipation of Implementation and Interim and Final Regulations

    The new program of educational assistance established in 
the new chapter 33 is to become effective generally on August 
1, 2009. The Committee is sensitive to the serious time 
constraints that this effective date places on those involved 
with implementation of a complex and substantially different 
program than those that exist under titles 10 and 38, United 
States Code, at the present--especially as it relates to the 
need to promulgate and finalize regulations prior to that date.
    The Committee is also aware that the upcoming change in 
Administration could exacerbate the situation, especially in 
terms of clearing final regulations through the Office of 
Management and Budget.
    Thus, subsection (d) of the Committee bill would require VA 
to take appropriate actions to ensure that the new program can 
be implemented on August 1, 2009, including the authority to 
proceed forward with interim regulations, if necessary.

                             Cost Estimate

    In compliance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate, the Committee, based on 
information supplied by the Congressional Budget Office 
(hereinafter ``CBO''), estimates that enactment of the 
Committee bill would, relative to current law, decrease direct 
spending for veterans' educational benefits by $181 million 
over the 2009-2013 period and $479 million over the 2009-2018 
period. Enactment of the Committee bill would not affect the 
budget of state, local, or tribal governments.
    The cost estimate provided by CBO, setting forth a detailed 
breakdown of costs, follows:

                               Congressional Budget Office,
                                     Washington, DC, July 23, 2008.
Hon. Daniel K. Akaka,
Chairman,
Committee on Veterans' Affairs,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for a bill to amend chapter 
33 of title 38, United States Code, to clarify and improve 
authorities relating to the availability of post-9/11 veterans 
educational assistance, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Camille 
Woodland.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.
    cc: Honorable Richard Burr, Ranking Member.

Summary

    This bill would modify the Post-9/11 Veterans Educational 
Assistance (Post-9/11 GI Bill) by prohibiting private, for-
profit colleges and universities from participating in the 
Yellow Ribbon GI Education Enhancement Program (Yellow Ribbon 
program), and by setting benefit levels for individuals 
attending college outside the United States. CBO estimates that 
enacting the bill would decrease direct spending for veterans' 
education benefits by $181 million over the 2009-2013 period 
and $479 million over the 2009-2018 period.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA); 
any costs to state, local, or tribal governments would be 
incurred voluntarily.

Estimated Cost to the Federal Government

    The estimated budgetary impact of the bill is shown in the 
following table. The costs of this legislation fall within 
budget function 700 (veterans benefits and services).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2009   2010   2011   2012   2013   2014   2015   2016   2017   2018  2009-2013  2009-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Estimated Budget Authority..................................     -6    -35    -41    -48    -51    -54    -56    -59    -63    -66     -181       -479
Estimated Outlays...........................................     -6    -35    -41    -48    -51    -54    -56    -59    -63    -66     -181       -479
--------------------------------------------------------------------------------------------------------------------------------------------------------

Basis of Estimate

    This bill would modify the Post-9/11 Veterans Education 
Assistance Act of 2008, recently enacted as Public Law 110-252. 
The Post-9/11 GI Bill will provide education benefits to 
veterans and servicemembers who have served 90 or more 
cumulative days on active duty since September 11, 2001. 
Beginning August 1, 2009, individuals who have served at least 
three years on active duty and attend school more than half 
time will be eligible for the full benefit for 36 months, 
including:

     The cost of tuition and fees up to the maximum in-
state undergraduate tuition and fees for the state in which 
they live,
     A monthly housing allowance tied to the basic 
allowance for housing (BAH) for active-duty members in the E5 
pay grade with dependents based on the zip code of the school 
they are attending, and
     A $1,000 stipend for books and supplies.

    The provisions of this bill would clarify and limit payment 
of benefits under several provisions of the Post-9/11 GI Bill. 
CBO estimates that, in total, this bill would decrease direct 
spending by $479 million over the 2009-2018 period.
    Yellow Ribbon Program. Under the Yellow Ribbon program, the 
Post-9/11 GI Bill will allow colleges and universities to cover 
a portion of tuition and fees that are in excess of the tuition 
cap in exchange for a matching contribution from the Department 
of Veterans Affairs (VA). This bill would prohibit private, 
for-profit colleges and universities from participating in the 
program.
    Based on information from the National Association of 
Independent Colleges and Universities, CBO anticipates that 80 
percent of trainees attending private colleges and 
universities--nearly 60,000--will participate in the program 
under current law. Using student data from the Department of 
Education, CBO estimates that under this proposal 20 percent of 
eligible trainees attending private colleges and universities 
will be attending for-profit institutions. Those trainees would 
not be eligible to participate in the program under this bill, 
and CBO anticipates participation in the Yellow Ribbon program 
would decrease by nearly 12,000 trainees.
    On average, CBO estimates that the combined contributions 
from VA and participating schools for the Yellow Ribbon program 
will cover 75 percent of the excess costs of tuition and fees 
for participating trainees. Based on current tuition and fee 
levels and projected increases in the cost of higher education, 
CBO estimates that VA's portion of Yellow Ribbon program costs 
will average $4,000 per trainee per year. Therefore, CBO 
estimates that, over the 2009-2018 period, this provision would 
decrease direct spending by $479 million.
    Payment for Training Outside the United States. The Post-9/
11 GI Bill allows for the possibility of using education 
benefits to attend colleges or universities outside the United 
States; however, benefit rates are tied to locations within the 
United States. Tuition is capped at the highest in-state 
tuition of the state in which the trainee is enrolled. Based on 
current law, it is unclear how out-of-country tuition payments 
would be paid under the in-state public tuition cap. This bill 
sets the payment level for out-of-country trainees at the 
average level of in-state, undergraduate tuition and fees paid 
by students at public institutions in the United States.
    Under the Post-9/11 GI Bill, individuals will be eligible 
for BAH based on the zip code of the college or university they 
attend; however, it is unclear how individuals attending 
schools outside of the United States will be paid since foreign 
institutions do not have a zip code. This bill would set the 
monthly housing allowance for trainees attending college 
outside the United States at the average level of BAH for the 
E5 pay grade with dependents inside the United States.
    CBO believes that VA could set payment policies for out-of-
country benefits through regulation under current authority and 
that those rates would not be significantly different from the 
rates specified in this provision. CBO therefore estimates that 
enacting this provision would have no significant budgetary 
impact.

Intergovernmental and Private-Sector Impact

    The bill contains no intergovernmental or private-sector 
mandates as defined in UMRA. Any costs public institutions of 
higher education incur to comply with requirements to 
participate in education programs for veterans, including 
providing matching funds or submitting reports, would be 
incurred voluntarily.
    Estimate prepared by: Federal Costs: Camille Woodland (226-
2840); Impact on State, Local, and Tribal Governments: Lisa 
Ramirez-Branum (225-3220); Impact on the Private Sector: Daniel 
Frisk (226-2900).
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee on Veterans' 
Affairs has made an evaluation of the regulatory impact that 
would be incurred in carrying out the Committee bill. The 
Committee finds that this original bill would not entail any 
regulation of individuals or businesses or result in any impact 
on the personal privacy of any individuals and that the 
paperwork resulting from enactment would be minimal.

                 Tabulation of Votes Cast in Committee

    In compliance with paragraph 7(b) of rule XXVI of the 
Standing Rules of the Senate, the following is a tabulation of 
votes cast in person or by proxy by Members of the Committee on 
Veterans' Affairs at its June 26, 2008, meeting. On that date, 
the Committee, by voice vote, ordered to report favorably an 
original bill to amend chapter 33 of title 38, United States 
Code, to clarify and improve authorities relating to the 
availability of post-9/11 educational assistance.

                             Agency Report

    No agency reports were submitted in connection with this 
original bill.

           *       *       *       *       *       *       *

            SUPPLEMENTAL VIEWS OF CHAIRMAN DANIEL K. AKAKA 
                          AND SENATOR JIM WEBB

                          TO ACCOMPANY S. 3339

    As the Chairman of the Senate Veterans' Affairs Committee 
and as the original author of the ``Post-9/11 Veterans 
Educational Assistance Act'', we worked together closely over 
the course of the past year and a half to develop the 
provisions that were incorporated as part of Public Law 110-252 
and that have now been codified in a new program of educational 
assistance in chapter 33 of title 38, United States Code.
    Particularly important to that process was an agreement 
that we, along with the principal Republican cosponsors, 
reached on April 10, 2008, regarding a number of provisions--
including the effective date of the new program. Specifically, 
we agreed that, instead of being effective on the date of 
enactment, the new chapter 33 program would be implemented on 
August 1, 2009, which would give VA time to put in place 
staffing, computer upgrades, necessary regulations and such 
other policies and procedures necessary to ensure a smooth 
transition to the new program. We further agreed that on August 
1, 2008, there would be a 20-percent increase in the rates of 
benefits under current programs to make up in part for delay. 
Finally, we agreed that retroactive adjustments would be made 
in the benefits paid to those enrolled in and eligible for the 
new tuition and fees/living stipend benefits during the period 
August 1, 2008, to July 31, 2009.
    In the course of drafting the legislation, the latter 
portion of this agreement relating to retroactive adjustments 
was not reflected in what was eventually signed into law on 
June 30, 2008.
    We are working together diligently to do everything 
possible to make sure that our entire agreement and our 
commitment to those who have served in our Armed Forces since 
September 11, 2001, are fully kept.

           *       *       *       *       *       *       *

                        Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman).

TITLE 38--VETERANS' BENEFITS

           *       *       *       *       *       *       *

PART III--READJUSTMENT AND RELATED BENEFITS

           *       *       *       *       *       *       *

CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

           *       *       *       *       *       *       *

Subchapter II--Educational Assistance

           *       *       *       *       *       *       *

SEC. 3313. EDUCATIONAL ASSISTANCE: AMOUNT; PAYMENT

    (a) * * *
    (b) * * *
    (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), 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 approved 
                programs of education for undergraduates by the 
                public institution of higher education offering 
                approved programs of education for 
                undergraduates in the State in which the 
                individual is enrolled that has the highest 
                rate of regularly-charged established charges 
                for such programs of education among all public 
                institutions of higher education in such State 
                offering such programs of education.] may not 
                exceed the amount as follows:
                          (i) In the case of an individual 
                        enrolled in an institution of higher 
                        learning located in the United States, 
                        the maximum amount of established 
                        charges regularly charged in-State 
                        students for full-time pursuit of 
                        approved programs of education for 
                        undergraduates by the public 
                        institution of higher learning offering 
                        approved programs of education in the 
                        State in which the individual is 
                        enrolled that has the highest rate of 
                        regularly charged established charges 
                        for such programs of education among 
                        all public institutions of higher 
                        learning in such State offering such 
                        programs of education.
                          (ii) In the case of an individual 
                        enrolled in an institution of higher 
                        learning located in the United States 
                        who is pursuing a program of education 
                        at a branch of such institution that is 
                        located outside the United States, the 
                        maximum amount of established charges 
                        regularly charged in-State students for 
                        full-time pursuit of approved programs 
                        of education for undergraduates by the 
                        public institution of higher learning 
                        offering approved programs of education 
                        in the State in which is located the 
                        institution in which the individual is 
                        enrolled that has the highest rate of 
                        regularly charged established charges 
                        for such programs of education among 
                        all public institutions of higher 
                        learning in such State offering such 
                        programs of education.
                          (iii) In the case of an individual 
                        enrolled in an institution of higher 
                        learning not located in the United 
                        States, the average amount of 
                        established charges charged in-State 
                        students for full-time pursuit of 
                        approved programs of education for 
                        undergraduates by public institutions 
                        of higher learning throughout the 
                        United States during the preceding 
                        academic year.
                  (B) A monthly stipend in an amount as 
                follows:
                          (i) For each month the individual 
                        pursues the program of education (other 
                        than, in the case of assistance under 
                        this section only, a program of 
                        education offered through distance 
                        learning), a [monthly housing stipend 
                        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.] monthly housing stipend in 
                        an amount as follows:
                                  (I) In the case of an 
                                individual enrolled in an 
                                institution of higher learning 
                                located in the United States, 
                                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 learning 
                                at which the individual is 
                                enrolled.
                                  (II) In the case of an 
                                individual enrolled in an 
                                institution of higher learning 
                                located outside the United 
                                States, an amount equal to the 
                                average 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 continental 
                                United States.
                          (ii) For the first month of each 
                        quarter, semester, or term, as 
                        applicable, of the program of education 
                        pursued by the individual, a lump sum 
                        amount for books, supplies, equipment, 
                        and other educational costs with 
                        respect to such quarter, semester, or 
                        term in the amount equal to--
                                  (I) $1,000, multiplied by
                                  (II) the fraction which is 
                                the portion of a complete 
                                academic year under the program 
                                of education that such quarter, 
                                semester, or term constitutes.

           *       *       *       *       *       *       *

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), 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 Secretary shall carry out a program under which 
a college or university (other than a proprietary for-profit 
college or university) may, through voluntary contributions, 
cover a portion of the established charges for an approved 
program of education of an individual entitled to educational 
assistance under this chapter that would not otherwise be 
covered by section 3313(c)(1)(A). Subject to subsection (d), 
such 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.]
    (c) Requirements for Participating Institutions.--A college 
or university participating in the program under this section 
shall--
          (1) offer the same percentage of additional 
        assistance to all individuals receiving educational 
        assistance under this section who are pursuing a 
        program of education at the college or university;
          (2) submit to the Secretary a report on the manner 
        (whether by direct grant, scholarship, or otherwise) by 
        which the college or university shall cover portions of 
        the established charges of individuals under the 
        program; and
          (3) submit to the Secretary a report on the amount of 
        the contribution to be made by the college or 
        university for each individual covered by the program.
    (d) Matching Contributions.--
          (1) in general.--[In instances where the educational 
        assistance provided an individual under section 
        3313(c)(1)(A) 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.] The amount of any matching 
        contribution by the Secretary under the program under 
        this section with respect to the pursuit of a program 
        of education by an individual entitled to educational 
        assistance under this chapter may not exceed an amount 
        equal to 50 percent of any costs for tuition and 
        mandatory fees for the individual's pursuit of the 
        program of education that are not otherwise covered 
        under section 3311(c)(1)(A).
          (2) use of appropriated funds.--Amounts available to 
        the Secretary under section 3324(b) 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).] Regulations.--The Secretary 
shall prescribe regulations to carry out the program required 
by this section.

                                  
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