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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2481 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2481

   To amend title 38, United States Code, to codify and improve the 
 election requirements for the receipt of educational assistance under 
   the Post-9/11 Educational Assistance program of the Department of 
                           Veterans Affairs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2013

  Mr. Flores introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to codify and improve the 
 election requirements for the receipt of educational assistance under 
   the Post-9/11 Educational Assistance program of the Department of 
                           Veterans Affairs.

    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 ``Veterans G.I. Bill Enrollment 
Clarification Act of 2013''.

SEC. 2. RECODIFICATION AND IMPROVEMENT OF ELECTION PROCESS FOR POST-9/
              11 EDUCATIONAL ASSISTANCE PROGRAM.

    (a) In General.--Subchapter III of chapter 33 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 3326. Election to receive educational assistance
    ``(a) Individuals Eligible To Elect Participation in Post-9/11 
Educational Assistance.--An individual may elect to receive educational 
assistance under this chapter if such individual--
            ``(1) as of August 1, 2009--
                    ``(A) is entitled to basic educational assistance 
                under chapter 30 of the title and has used, but retains 
                unused, entitlement under that chapter;
                    ``(B) is entitled to educational assistance under 
                chapter 107, 1606, or 1607 of title 10 and has used, 
                but retains unused, entitlement under the applicable 
                chapter;
                    ``(C) is entitled to basic educational assistance 
                under chapter 30 of this title but has not used any 
                entitlement under that chapter;
                    ``(D) is entitled to educational assistance under 
                chapter 107, 1606, or 1607 of title 10 but has not used 
                any entitlement under such chapter;
                    ``(E) is a member of the Armed Forces who is 
                eligible for receipt of basic educational assistance 
                under chapter 30 this title and is making contributions 
                toward such assistance under section 3011(b) or 3012(c) 
                of this title; or
                    ``(F) is a member of the Armed Forces who is not 
                entitled to basic educational assistance under chapter 
                30 of this title by reason of an election under section 
                3011(c)(1) or 3012(d)(1) of this title; and
            ``(2) as of the date of the individual's election under 
        this paragraph, meets the requirements for entitlement to 
        educational assistance under this chapter.
    ``(b) Cessation of Contributions Toward GI Bill.--Effective as of 
the first month beginning on or after the date of an election under 
subsection (a) of an individual described by paragraph (1)(E) of that 
subsection, the obligation of the individual to make contributions 
under section 3011(b) or 3012(c) of this title, as applicable, shall 
cease, and the requirements of such section shall be deemed to be no 
longer applicable to the individual.
    ``(c) Revocation of Remaining Transferred Entitlement.--
            ``(1) Election to revoke.--If, on the date an individual 
        described in paragraph (1)(A) or (1)(C) of subsection (a) makes 
        an election under that subsection, a transfer of the 
        entitlement of the individual to basic educational assistance 
        under section 3020 of this title 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.
            ``(2) 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 this title in accordance with the 
        provisions of this section.
            ``(3) Availability of unrevoked entitlement.--Any 
        entitlement described in paragraph (1) that is not revoked by 
        an individual in accordance with that paragraph shall remain 
        available to the dependent or dependents concerned in 
        accordance with the current transfer of such entitlement under 
        section 3020 of this title.
    ``(d) Post-9/11 Educational Assistance.--
            ``(1) In general.--Subject to paragraph (2) and except as 
        provided in subsection (e), an individual making an election 
        under subsection (a) shall be entitled to educational 
        assistance under this chapter in accordance with the provisions 
        of this chapter, instead of basic educational assistance under 
        chapter 30 this title, or educational assistance under chapter 
        107, 1606, or 1607 of title 10, as applicable.
            ``(2) Limitation on entitlement for certain individuals.--
        In the case of an individual making an election under 
        subsection (a) who is described by paragraph (1)(A) of that 
        subsection, the number of months of entitlement of the 
        individual to educational assistance under this chapter 33 
        shall be the number of months equal to--
                    ``(A) the number of months of unused entitlement of 
                the individual under chapter 30 of this title, as of 
                the date of the election, plus
                    ``(B) the number of months, if any, of entitlement 
                revoked by the individual under subsection (c)(1).
    ``(e) Continuing Entitlement to Educational Assistance Not 
Available Under 9/11 Assistance Program.--
            ``(1) In general.--In the event educational assistance to 
        which an individual making an election under subsection (a) 
        would be entitled under chapter 30 of this title, or chapter 
        107, 1606, or 1607 of title 10, as applicable, is not 
        authorized to be available to the individual under the 
        provisions of this chapter the individual shall remain entitled 
        to such educational assistance in accordance with the 
        provisions of the applicable chapter.
            ``(2) Charge for use of entitlement.--The utilization by an 
        individual of entitlement under paragraph (1) shall be 
        chargeable against the entitlement of the individual to 
        educational assistance under this chapter at the rate of one 
        month of entitlement under this chapter for each month of 
        entitlement utilized by the individual under paragraph (1) (as 
        determined as if such entitlement were utilized under the 
        provisions of chapter 30 of this title, or chapter 107, 1606, 
        or 1607 of title 10, as applicable).
    ``(f) Additional Post-9/11 Assistance for Members Having Made 
Contributions Toward GI Bill.--
            ``(1) Additional assistance.--In the case of an individual 
        making an election under subsection (a) who is described by 
        subparagraph (A), (C), or (E) of paragraph (1) of that 
        subsection, the amount of educational assistance payable to the 
        individual under this chapter 33 as a monthly stipend payable 
        under paragraph (1)(B) of section 3313(c) of this title, or 
        under paragraphs (2) through (7) of that section (as 
        applicable), shall be the amount otherwise payable as a monthly 
        stipend under the applicable paragraph increased by the amount 
        equal to--
                    ``(A) the total amount of contributions toward 
                basic educational assistance made by the individual 
                under section 3011(b) or 3012(c) of this title, as of 
                the date of the election, multiplied by
                    ``(B) the fraction--
                            ``(i) the numerator of which is--
                                    ``(I) the number of months of 
                                entitlement to basic educational 
                                assistance under chapter 30 of this 
                                title remaining to the individual at 
                                the time of the election; plus
                                    ``(II) the number of months, if 
                                any, of entitlement under such chapter 
                                30 revoked by the individual under 
                                subsection (c)(1); and
                            ``(ii) the denominator of which is 36 
                        months.
            ``(2) Months of remaining entitlement for certain 
        individuals.--In the case of an individual covered by paragraph 
        (1) who is described by subsection (a)(1)(E), the number of 
        months of entitlement to basic educational assistance remaining 
        to the individual for purposes of paragraph (1)(B)(i)(II) shall 
        be 36 months.
            ``(3) Timing of payment.--The amount payable with respect 
        to an individual under paragraph (1) shall be paid to the 
        individual together with the last payment of the monthly 
        stipend payable to the individual under paragraph (1)(B) of 
        section 3313(c) of this title, or under subsections (b) through 
        (g) of that section (as applicable), before the exhaustion of 
        the individual's entitlement to educational assistance under 
        this chapter.
    ``(g) Continuing Entitlement to Additional Assistance for Critical 
Skills or Speciality and Additional Service.--An individual making an 
election under subsection (a)(1) who, at the time of the election, is 
entitled to increased educational assistance under section 3015(d) of 
this title, or section 16131(i) of title 10, or supplemental 
educational assistance under subchapter III of chapter 30 of this 
title, shall remain entitled to such increased educational assistance 
or supplemental educational assistance in the utilization of 
entitlement to educational assistance under this chapter, in an amount 
equal to the quarter, semester, or term, as applicable, equivalent of 
the monthly amount of such increased educational assistance or 
supplemental educational assistance payable with respect to the 
individual at the time of the election.
    ``(h) Alternative Election by Secretary.--
            ``(1) In general.--In the case of an individual who submits 
        to the Secretary an election under this section that the 
        Secretary determines is clearly against the interests of the 
        individual, the Secretary may make an alternative election on 
        behalf of the individual that the Secretary determines is in 
        the best interests of the individual.
            ``(2) Notice.--If the Secretary makes an election on behalf 
        of an individual under this subsection, the Secretary shall 
        notify the individual by not later than seven days after making 
        such election and shall provide the individual with a 30-day 
        period, beginning on the date of the individual's receipt of 
        such notice, during which the individual may modify or revoke 
        the election made by the Secretary on the individual's behalf. 
        The Secretary shall include, as part of such notice, a clear 
        statement of why the alternative election made by the Secretary 
        is in the best interests of the individual as compared to the 
        election submitted by the individual. The Secretary shall 
        provide the notice required under this paragraph by electronic 
        means whenever possible.
    ``(i) Irrevocability of Elections.--An election under subsection 
(a) or (c)(1) is irrevocable.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``3326. Election to receive educational assistance.''.
    (c) Conforming Repeal.--Subsection (c) of section 5003 of the Post-
9/11 Veterans Educational Assistance Act of 2008 (Public Law 110-252; 
38 U.S.C. 3301 note) is hereby repealed.
                                 <all>
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