I 

110TH CONGRESS 

1ST SESSION H. R. 2702 

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 

JUNE 13, 2007 

Mr. SCOTT of Virginia (for himself, Mr. CARNEY, Mr. MORAN of Virginia, Mr. 

BOUCHER, and Mr. SALAZAR) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Post-9/11 Veterans 

5 Educational Assistance Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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1 (1) On September 11, 2001, terrorists attacked 

2 the United States, and the brave members of the 

3 Armed Forces of the United States were called to 

4 the defense of the Nation. 

5 (2) Service on active duty in the Armed Forces 

6 has been especially arduous for the members of the 

7 Armed Forces since September 11, 2001. 

8 (3) The United States has a proud history of 

9 offering educational assistance to millions of vet10 erans, as demonstrated by the many ‘‘G.I. Bills’’ en11 acted since World War II. Educational assistance for 

12 veterans helps reduce the costs of war, assist vet13 erans in readjusting to civilian life after wartime 

14 service, and boost the United States economy, and 

15 has a positive effect on recruitment for the Armed 

16 Forces. 

17 (4) The current educational assistance program 

18 for veterans is outmoded and designed for peacetime 

19 service in the Armed Forces. 

20 (5) The people of the United States greatly 

21 value military service and recognize the difficult 

22 challenges involved in readjusting to civilian life 

23 after wartime service in the Armed Forces. 

24 (6) It is in the national interest for the United 

25 States to provide veterans who served on active duty 
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1 in the Armed Forces after September 11, 2001, with 

2 enhanced educational assistance benefits that are 

3 worthy of such service and are commensurate with 

4 the educational assistance benefits provided by a 

5 grateful Nation to veterans of World War II. 

6 SEC. 3. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE 

7 ARMED FORCES WHO SERVE AFTER SEP8 TEMBER 11, 2001. 

9 (a) EDUCATIONAL ASSISTANCE AUTHORIZED.— 

10 (1) IN GENERAL.—Part III of title 38, United 

11 States Code, is amended by inserting after chapter 

12 32 the following new chapter: 

13 ‘‘CHAPTER 33—POST-9/11 EDUCATIONAL 

14 ASSISTANCE 

‘‘SUBCHAPTER I—DEFINITIONS

‘‘Sec. 

‘‘3301. Definitions. 

‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE

‘‘3311. Educational assistance for service in the Armed Forces after September 

11, 2001: entitlement. 

‘‘3312. Educational assistance: duration. 

‘‘3313. Educational assistance: payment; amount. 

‘‘3314. Tutorial assistance. 

‘‘3315. Licensing and certification tests. 

‘‘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. 
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1 ‘‘SUBCHAPTER I—DEFINITIONS 

2 ‘‘§ 3301. Definitions 

3 ‘‘In this chapter: 

4 ‘‘(1) The term ‘active duty’ has the meaning 

5 given such term in sections 101 and 3002(7) of this 

6 title and includes the limitations specified in section 

7 3002(6) of this title. 

8 ‘‘(2) The terms ‘program of education’, ‘Sec9 retary of Defense’, and ‘Selected Reserve’ have the 

10 meaning given such terms in section 3002 of this 

11 title. 

12 ‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 

13 ‘‘§ 3311. Educational assistance for service in the 

14 Armed Forces after September 11, 2001: 

15 entitlement 

16 ‘‘(a) ENTITLEMENT.—Except as provided in sub17 section (c) and subject to subsections (d) through (f), each 

18 individual described in subsection (b) is entitled to edu19 cational assistance under this chapter. 

20 ‘‘(b) COVERED INDIVIDUALS.—An individual de21 scribed in this subsection is any individual as follows: 

22 ‘‘(1) An individual who— 

23 ‘‘(A) as of September 11, 2001, is a mem24 ber of the Armed Forces and has served an ag-
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1 gregate of at least two years of active duty in 

2 the Armed Forces; and 

3 ‘‘(B) after September 10, 2001— 

4 ‘‘(i) serves at least 30 days of active 

5 duty in the Armed Forces; or 

6 ‘‘(ii) is discharged or released as de7 scribed in subsection (e)(1). 

8 ‘‘(2) An individual who— 

9 ‘‘(A) as of September 10, 2001, is a mem10 ber of the Armed Forces; 

11 ‘‘(B) as of any date on or after September 

12 11, 2001— 

13 ‘‘(i) has served an aggregate of at 

14 least two years of active duty in the Armed 

15 Forces; or 

16 ‘‘(ii) before completion of service as 

17 described in clause (i), is discharged or re18 leased as described in subsection (e)(1); 

19 and 

20 ‘‘(C) if described by subparagraph (B)(i), 

21 after September 11, 2001— 

22 ‘‘(i) serves at least 30 days of active 

23 duty in the Armed Forces; or 

24 ‘‘(ii) is discharged or released as de25 scribed in subsection (e)(1). 
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1 ‘‘(3) An individual (other than an individual de2 scribed in paragraph (4)) who— 

3 ‘‘(A) on or after September 11, 2001, first 

4 becomes a member of the Armed Forces, or 

5 first enters on active duty as a member of the 

6 Armed Forces, and— 

7 ‘‘(i) serves an aggregate of at least 

8 two years of active duty in the Armed 

9 Forces; or 

10 ‘‘(ii) before completion of service as 

11 described in clause (i), is discharged or re12 leased as described in subsection (e); and 

13 ‘‘(B) after completion of the service de14 scribed in subparagraph (A)(i)— 

15 ‘‘(i) continues on active duty; 

16 ‘‘(ii) is discharged from active duty 

17 with an honorable discharge; 

18 ‘‘(iii) is released after service on active 

19 duty characterized by the Secretary con20 cerned as honorable service and is placed 

21 on the retired list, is transferred to the 

22 Fleet Reserve or Fleet Marine Corps Re23 serve, or is placed on the temporary dis24 ability list; or 
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1 ‘‘(iv) is released from active duty for 

2 further service in a reserve component of 

3 the Armed Forces after service on active 

4 duty characterized by the Secretary con5 cerned as honorable service. 

6 ‘‘(4) An individual who— 

7 ‘‘(A) on or after September 11, 2001, first 

8 enlists as a Reserve, or otherwise first becomes 

9 a Reserve, in the Armed Forces and— 

10 ‘‘(i) serves an aggregate of at least 

11 two years of active duty in the Armed 

12 Forces characterized by the Secretary con13 cerned as honorable service; or 

14 ‘‘(ii) before completion of service as 

15 described in clause (i), is discharged or re16 leased as described in subsection (e); and 

17 ‘‘(B) after completion of the service de18 scribed in subparagraph (A)(i)— 

19 ‘‘(i) continues as a Reserve (whether 

20 or not on active duty); or 

21 ‘‘(ii) is discharged from service with 

22 an honorable discharge, is placed on the 

23 retired list, or is transferred to the Stand24 by Reserve after service characterized by 
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1 the Secretary concerned as honorable serv2 ice. 

3 ‘‘(c) EXCEPTION.—(1) Except as provided in para4 graph (2), the following individuals are not entitled to edu5 cational assistance under this chapter: 

6 ‘‘(A) An individual who receives a commission 

7 as an officer in the Armed Forces upon graduation 

8 from the United States Military Academy, the 

9 United States Naval Academy, the United States Air 

10 Force Academy, or the Coast Guard Academy. 

11 ‘‘(B) An individual who receives a commission 

12 as an officer in the Armed Forces upon completion 

13 of a program of educational assistance under section 

14 2107 of title 10 if while participating in such pro15 gram such individual received an aggregate of 

16 $25,000 or more for participation in such program. 

17 ‘‘(C) Any other individual who receives a com18 mission as an officer in the Armed Forces after com19 pletion of participation in the Senior Reserve Offi20 cers’ Training Corps under chapter 103 of title 10, 

21 including any advanced training under section 2104 

22 of that title. 

23 ‘‘(2) Any service of an individual described by para24 graph (1) after successful completion by the individual of 

25 the service obligation incurred by the individual in connec-
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1 tion with the receipt of a commission as an officer in the 

2 Armed Forces as described in that paragraph shall be 

3 treated under subsection (b) as service counting toward 

4 the entitlement of the individual to educational assistance 

5 under this chapter. 

6 ‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN

7 DUTY OF RESERVES AS ACTIVE DUTY.—The following 

8 service of a Reserve on active duty shall not be treated 

9 as service on active duty in the Armed Forces for purposes 

10 of subsection (b)(4): 

11 ‘‘(1) Drill and instruction and annual training, 

12 including drill and instruction and annual training 

13 of a member of the National Guard under section 

14 502 of title 32. 

15 ‘‘(2) Any other service on active duty, unless 

16 such service is service in an operational billet. 

17 ‘‘(e) CERTAIN DISCHARGE OR RELEASE PROVIDING

18 EXCEPTION FROM SERVICE REQUIREMENTS.—A dis19 charge or release described in this subsection is a dis20 charge or release from service in the Armed Forces for— 

21 ‘‘(1) a service-connected disability; 

22 ‘‘(2) a medical condition which preexisted such 

23 service and which the Secretary determines is not 

24 service-connected; 

25 ‘‘(3) hardship; or 
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1 ‘‘(4) a physical or mental condition that was 

2 not characterized as a disability and did not result 

3 from the individual’s own willful misconduct but did 

4 interfere with the individual’s performance of duty, 

5 as determined by the Secretary of each military de6 partment in accordance with regulations prescribed 

7 by the Secretary of Defense. 

8 ‘‘(f) PROHIBITION ON TREATMENT OF CERTAIN

9 SERVICE AS PERIOD OF ACTIVE DUTY.—A period of serv10 ice shall not be considered a part of the period of active 

11 duty in the Armed Forces on which an individual’s entitle12 ment to educational assistance under this chapter is based 

13 if the period of service is terminated because of a defective 

14 enlistment and induction based on— 

15 ‘‘(1) the individual’s being a minor for purposes 

16 of service in the Armed Forces; 

17 ‘‘(2) an erroneous enlistment or induction; or 

18 ‘‘(3) a defective enlistment agreement. 

19 ‘‘§ 3312. Educational assistance: duration 

20 ‘‘(a) IN GENERAL.—Subject to section 3695 of this 

21 title and subsection (b), an individual entitled to edu22 cational assistance under section 3311 of this title is enti23 tled to a number of months of educational assistance 

24 under section 3313 of this title as follows: 
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1 ‘‘(1) In the case of an individual described by 

2 paragraph (1) section 3311(b) of this title— 

3 ‘‘(A) if the individual is described by sub4 paragraph (B)(i) of such paragraph, the aggre5 gate number of months served by the individual 

6 on active duty in the Armed Forces after Sep7 tember 11, 2001; or 

8 ‘‘(B) if the individual is described by sub9 paragraph (B)(ii) of such paragraph, 36 

10 months. 

11 ‘‘(2) In the case of an individual described by 

12 paragraph (2) of section 3311(b) of this title— 

13 ‘‘(A) if the individual is described by both 

14 subparagraphs (B)(i) and (C)(i) of such para15 graph, the aggregate number of months served 

16 by the individual on active duty in the Armed 

17 Forces after September 11, 2001; or 

18 ‘‘(B) if the individual is described by sub19 paragraph (B)(ii) or (C)(ii) of such paragraph, 

20 36 months. 

21 ‘‘(3) In the case of an individual described by 

22 paragraph (3) of section 3311(b) of this title— 

23 ‘‘(A) if the individual is described by sub24 paragraph (A)(i) of such paragraph, the aggre25 gate number of months served by the individual 
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1 on active duty in the Armed Forces after Sep2 tember 11, 2001; or 

3 ‘‘(B) if the individual is described by sub4 paragraph (A)(ii) of such paragraph— 

5 ‘‘(i) if the discharge or release of the 

6 individual is described by paragraph (1) of 

7 section 3311(e) of this title, 36 months; or 

8 ‘‘(ii) if the discharge or release of the 

9 individual is described by paragraph (2), 

10 (3), or (4) of section 3311(e) of this title, 

11 the aggregate number of months served by 

12 the individual on active duty in the Armed 

13 Forces after September 11, 2001. 

14 ‘‘(4) In the case of an individual described by 

15 paragraph (4) of section 3311(b) of this title— 

16 ‘‘(A) if the individual is described by sub17 paragraph (A) of such paragraph— 

18 ‘‘(i) if the individual is further de19 scribed by clause (i) of such subparagraph, 

20 24 months; or 

21 ‘‘(ii) if the individual is further de22 scribed by clause (ii) of such subpara23 graph— 

24 ‘‘(I) if the discharge or release of 

25 the individual is described by para-
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1 graph (1) of section 3311(e) of this 

2 title, 36 months; or 

3 ‘‘(II) if the discharge or release 

4 of the individual is described by para5 graph (2), (3), or (4) of section 

6 3311(e) of this title, the aggregate 

7 number of months served by the indi8 vidual on active duty in the Armed 

9 Forces after September 11, 2001; and 

10 ‘‘(B) if the individual is also described by 

11 subparagraph (B) of such paragraph— 

12 ‘‘(i) an additional number of months 

13 equal to— 

14 ‘‘(I) the aggregate number of 

15 months served by the individual on ac16 tive duty in the Armed Forces after 

17 September 11, 2001, without taking 

18 into account the service of the indi19 vidual described by subparagraph 

20 (A)(i) of such paragraph; and 

21 ‘‘(II) one month for each for 

22 month served by the individual as a 

23 Reserve after September 11, 2001, 

24 without taking into account the serv25 ice of the individual described by sub-
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1 paragraph (A)(i) of such paragraph or 

2 any other month of service of the indi3 vidual on active duty; or 

4 ‘‘(ii) if the individual is discharged or 

5 released as described in section 3311(e)(1) 

6 of this title, an additional 12 months. 

7 ‘‘(b) LIMITATION.—Except as provided in section 

8 3321(b)(2) of this title, an individual may not receive edu9 cational assistance under section 3313 of this title for a 

10 number of months in excess of 36 months, which is the 

11 equivalent of four academic years 

12 ‘‘§ 3313. Educational assistance: payment; amount 

13 ‘‘(a) PAYMENT.—The Secretary shall pay to each in14 dividual entitled to educational assistance under this chap15 ter who is pursuing an approved program of education 

16 (other than a program covered by subsections (e) through 

17 (i)) the amounts specified in subsection (c) to meet the 

18 expenses of such individual’s subsistence, tuition, fees, and 

19 other educational costs for pursuit of such program of 

20 education. 

21 ‘‘(b) APPROVED PROGRAMS OF EDUCATION.—Except 

22 as provided in subsections (g) through (i), a program of 

23 education is an approved program of education for pur24 poses of this chapter if the program of education is ap25 proved for purposes of chapter 30 of this title. 
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1 ‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—(1) 

2 The amounts payable under this subsection for pursuit of 

3 an approved program of education are amounts as follows: 

4 ‘‘(A) An amount equal to the established 

5 charges (as determined in accordance with sub6 section (j)) for the program of education. 

7 ‘‘(B) Subject to paragraph (2), an amount 

8 equal to the room and board of the individual. 

9 ‘‘(C) A monthly stipend in the amount of 

10 $1,000. 

11 ‘‘(2) The amount payable under paragraph (1)(B) for 

12 room and board of an individual may not exceed an 

13 amount equal to the standard dormitory fee, or such 

14 equivalent fee as the Secretary shall specify in regulations, 

15 which similarly circumstanced nonveterans enrolled in the 

16 program of education involved would be required to pay. 

17 ‘‘(d) FREQUENCY OF PAYMENT.—(1) Payment of the 

18 amounts payable under subparagraphs (A) and (B) of sub19 section (c)(1) for pursuit of a program of education shall 

20 be made in a lump-sum amount for the entire quarter, 

21 semester, or term, as applicable, of the program of edu22 cation before the commencement of such quarter, semes23 ter, or term. 
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1 ‘‘(2) Payment of the amount payable under subpara2 graph (C) of subsection (c)(1) for pursuit of a program 

3 of education shall be made on a monthly basis. 

4 ‘‘(3) The Secretary shall prescribe in regulations 

5 methods for determining the number of months (including 

6 fractions thereof) of entitlement of an individual to edu7 cational assistance this chapter that are chargeable under 

8 this chapter for an advance payment of amounts for pur9 suit of a program of education on a quarter, semester, 

10 term, or other basis. 

11 ‘‘(e) PROGRAMS OF EDUCATION PURSUED ON AC12 TIVE DUTY.—(1) Educational assistance is payable under 

13 this chapter for pursuit of an approved program of edu14 cation while on active duty. 

15 ‘‘(2) The amount of educational assistance payable 

16 under this chapter to an individual pursuing a program 

17 of education while on active duty is the lesser of— 

18 ‘‘(A) the established charges (as determined in 

19 accordance with subsection (j)) for the program of 

20 education; or 

21 ‘‘(B) the amount of the charges of the edu22 cational institution as elected by the individual in 

23 the manner specified in section 3014(b)(1) of this 

24 title. 
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1 ‘‘(3) Payment of the amount payable under para2 graph (2) for pursuit of a program of education shall be 

3 made in a lump-sum amount for the entire quarter, semes4 ter, or term, as applicable, of the program of education 

5 before the commencement of such quarter, semester, or 

6 term. 

7 ‘‘(4) For each month (as determined pursuant to the 

8 methods prescribed under subsection (c)(3)) for which 

9 amounts are paid an individual under this subsection, the 

10 entitlement of the individual to educational assistance 

11 under this chapter shall be charged at the rate of one 

12 month for each such month. 

13 ‘‘(f) PROGRAMS OF EDUCATION PURSUED ON LESS

14 THAN HALF-TIME BASIS.—(1) Educational assistance is 

15 payable under this chapter for pursuit of an approved pro16 gram of education on less than half-time basis. 

17 ‘‘(2) The amount of educational assistance payable 

18 under this chapter to an individual pursuing a program 

19 of education on less than half-time basis is the established 

20 charges (as determined in accordance with subsection (j)) 

21 for the program of education. 

22 ‘‘(3) Payment of the amount payable under this chap23 ter to an individual for pursuit of a program of education 

24 on less than half-time basis shall be made in a lump-sum, 

25 and shall be made not later than the last day of the month 
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1 immediately following the month in which certification is 

2 received from the educational institution involved that the 

3 individual has enrolled in and is pursuing a program of 

4 education at the institution. 

5 ‘‘(4) For each month (as determined pursuant to the 

6 methods prescribed under subsection (c)(3)) for which 

7 amounts are paid an individual under this subsection, the 

8 entitlement of the individual to educational assistance 

9 under this chapter shall be charged at a percentage of a 

10 month equal to— 

11 ‘‘(A) the number of course hours borne by the 

12 individual in pursuit of the program of education in13 volved, divided by 

14 ‘‘(B) the number of course hours for full-time 

15 pursuit of such program of education. 

16 ‘‘(g) APPRENTICESHIP OR OTHER ON-JOB TRAIN17 ING.—(1) Educational assistance is payable under this 

18 chapter for full-time pursuit of a program of apprentice19 ship or other on-job training described in paragraphs (1) 

20 and (2) of section 3687(a) of this title. 

21 ‘‘(2)(A) The educational assistance payable under 

22 this chapter to an individual for pursuit of a program of 

23 apprenticeship or training referred to in paragraph (1) is 

24 the amounts as follows: 
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1 ‘‘(i) The established charge (as determined 

2 under subparagraph (B)) which similarly cir3 cumstances nonveterans enrolled in the program 

4 would be required to pay. 

5 ‘‘(ii) A monthly stipend in the amount of 

6 $1,000. 

7 ‘‘(B) The nature and amount of the tuition, fees, and 

8 other expenses constituting the established charge for a 

9 program of apprenticeship or training under this sub10 section shall be determined in accordance with regulations 

11 prescribed by the Secretary. Such expenses may include 

12 room and board under such circumstances as the Sec13 retary shall prescribe in the regulations. 

14 ‘‘(3)(A) Payment of the amount payable under para15 graph (2)(A)(i) for pursuit of a program of apprenticeship 

16 or training shall be made, at the election of the Sec17 retary— 

18 ‘‘(i) in a lump sum for such period of the pro19 gram as the Secretary shall determine before the 

20 commencement of such period of the program; or 

21 ‘‘(ii) on a monthly basis. 

22 ‘‘(B) Payment of the amount payable under para23 graph (2)(A)(ii) for pursuit of a program of apprentice24 ship or training shall be made on a monthly basis. 
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1 ‘‘(4) For each month (as determined pursuant to the 

2 methods prescribed under subsection (c)(3) in the case of 

3 payments made in accordance with paragraph (3)(A)(i)) 

4 for which amounts are paid an individual under this sub5 section, the entitlement of the individual to educational as6 sistance under this chapter shall be charged at the rate 

7 of one month for each such month. 

8 ‘‘(h) PROGRAMS OF EDUCATION BY CORRESPOND9 ENCE.—(1) Educational assistance is payable under this 

10 chapter for pursuit of a program of education exclusively 

11 by correspondence. 

12 ‘‘(2)(A) The amount of educational assistance pay13 able under this chapter to an individual who is pursuing 

14 a program of education exclusively by correspondence is 

15 an amount equal to 55 percent of the established charge 

16 (as determined under subparagraph (B)) which similarly 

17 circumstanced nonveterans enrolled in the program of 

18 education would be required to pay. 

19 ‘‘(B) In this paragraph, the term ‘established charge’, 

20 in the case of a program of education, means the lesser 

21 of— 

22 ‘‘(i) the charge for the course or courses under 

23 the program of education, as determined on the 

24 basis of the lowest extended time payment plan of-
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1 fered by the institution involved and approved by the 

2 appropriate State approving agency; or 

3 ‘‘(ii) the actual charge to the individual for such 

4 course or courses. 

5 ‘‘(3) Payment of the amount payable under this chap6 ter for pursuit of a program of education by correspond7 ence shall be made quarterly on a pro rata basis for the 

8 lessons completed by the individual and serviced by the 

9 institution involved. 

10 ‘‘(4) For each month (as determined pursuant to the 

11 methods prescribed under subsection (c)(3)) for which 

12 amounts are paid an individual under this subsection, the 

13 entitlement of the individual to educational assistance 

14 under this chapter shall be charged at the rate of one 

15 month for each such month. 

16 ‘‘(i) FLIGHT TRAINING.—(1) Educational assistance 

17 is payable under this chapter for a program of education 

18 consisting of flight training as follows: 

19 ‘‘(A) Courses of flight training approved under 

20 section 3860A(b) of this title. 

21 ‘‘(B) Flight training meeting the requirements 

22 of section 3034(d) of this title. 

23 ‘‘(2) Paragraphs (2) and (4) of section 3032(e) of 

24 this title shall apply with respect to the availability of edu-
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1 cational assistance under this chapter for pursuit of flight 

2 training covered by paragraph (1). 

3 ‘‘(3)(A) The educational assistance payable under 

4 this chapter to an individual for pursuit of a program of 

5 education consisting of flight training covered by para6 graph (1) is the amounts as follows: 

7 ‘‘(i) The established charge (as determined 

8 under subparagraph (B)) which similarly cir9 cumstances nonveterans enrolled in the program 

10 would be required to pay. 

11 ‘‘(ii) A monthly stipend in the amount of 

12 $1,000. 

13 ‘‘(B) The nature and amount of the tuition, fees, and 

14 other expenses constituting the established charge for a 

15 program of flight training under this subsection shall be 

16 determined in accordance with regulations prescribed by 

17 the Secretary. 

18 ‘‘(4) Payment of the amounts payable under para19 graph (3) for pursuit of a program of flight training shall 

20 be made on a monthly basis. 

21 ‘‘(5) For each month for which amounts are paid an 

22 individual under this subsection, the entitlement of the in23 dividual to educational assistance under this chapter shall 

24 be charged at the rate of one month for each such month. 
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1 ‘‘(j) ESTABLISHED CHARGES.—(1) Subject to the 

2 provisions of this subsection, in subsections (c), (e), and 

3 (f), the term ‘established charges’, in the case of a pro4 gram of education, means the actual charges (as deter5 mined pursuant to regulations prescribed by the Sec6 retary) for tuition, fees (including required supplies, 

7 books, and equipment), and other educational costs which 

8 similarly circumstanced nonveterans enrolled in the pro9 gram of education would be required to pay. 

10 ‘‘(2) The maximum amount of charges payable for 

11 tuition under this subsection as part of the established 

12 charges for a program of education pursued by an indi13 vidual under subsections (c), (e), and (f) may not exceed 

14 the maximum amount of tuition regularly charged in-State 

15 students for full-time pursuit of programs of education by 

16 the public institution of higher education in the State in 

17 which the individual is pursuing such program of edu18 cation that has the highest rate of regularly-charged tui19 tion for programs of education among all public institu20 tions of higher education in such State. 

21 ‘‘(3) Established charges shall be determined for pur22 poses of this subsection on the following basis: 

23 ‘‘(A) In the case of an individual enrolled in a 

24 program of education offered on a term, quarter, or 
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1 semester basis, the tuition and fees charged the indi2 vidual for the term, quarter, or semester. 

3 ‘‘(B) In the case of an individual enrolled in a 

4 program of education not offered on a term, quarter, 

5 or semester basis, the tuition and fees charged the 

6 individual for the entire program of education. 

7 ‘‘§ 3314. Tutorial assistance 

8 ‘‘(a) IN GENERAL.—Subject to subsection (b), an in9 dividual entitled to educational assistance under this chap10 ter shall also be entitled to benefits provided an eligible 

11 veteran under section 3492 of this title. 

12 ‘‘(b) CONDITIONS.—(1) The provision of benefits 

13 under subsection (a) shall be subject to the conditions ap14 plicable to an eligible veteran under section 3492 of this 

15 title. 

16 ‘‘(2) In addition to the conditions specified in para17 graph (1), benefits may not be provided to an individual 

18 under subsection (a) unless the professor or other indi19 vidual teaching, leading, or giving the course for which 

20 such benefits are provided certifies that— 

21 ‘‘(A) such benefits are essential to correct a de22 ficiency of the individual in such course; and 

23 ‘‘(B) such course is required as a part of, or is 

24 prerequisite or indispensable to the satisfactory pur25 suit of, an approved program of education. 
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1 ‘‘(c) AMOUNT.—(1) The amount of benefits described 

2 in subsection (a) that are payable under this section may 

3 not exceed $100 per month, for a maximum of 12 months, 

4 or until a maximum of $1,200 is utilized. 

5 ‘‘(2) The amount provided an individual under this 

6 subsection is in addition to the amounts of educational as7 sistance paid the individual under section 3313 of this 

8 title. 

9 ‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any 

10 benefits provided an individual under subsection (a) are 

11 in addition to any other educational assistance benefits 

12 provided the individual under this chapter. 

13 ‘‘§ 3315. Licensure and certification tests 

14 ‘‘(a) IN GENERAL.—An individual entitled to edu15 cational assistance under this chapter shall also be entitled 

16 to payment for one licensing or certification test described 

17 in section 3452(b) of this title. 

18 ‘‘(b) LIMITATION ON AMOUNT.—The amount payable 

19 under subsection (a) for a licensing or certification test 

20 may not exceed the lesser of— 

21 ‘‘(1) $2,000; or 

22 ‘‘(2) the fee charged for the test. 

23 ‘‘(c) NO CHARGE AGAINST ENTITLEMENT.—Any 

24 amount paid an individual under subsection (a) is in addi-
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1 tion to any other educational assistance benefits provided 

2 the individual under this chapter. 

3 ‘‘SUBCHAPTER III—ADMINISTRATIVE 

4 PROVISIONS 

5 ‘‘§ 3321. Time limitation for use of and eligibility for 

6 entitlement 

7 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

8 subsection (b), the period during which an individual enti9 tled to educational assistance under this chapter may use 

10 such individual’s entitlement expires at the end of the 15- 

11 year period beginning on the date of such individual’s last 

12 discharge or release from active duty. 

13 ‘‘(b) EXCEPTIONS.—(1) Subsections (b), (c), and (d) 

14 of section 3031 of this title shall apply with respect to 

15 the running of the 15-year period described in subsection 

16 (a) of this section in the same manner as such subsections 

17 apply under section 3031 of this title with respect to the 

18 running of the 10-year period described in section 3031(a) 

19 of this title. 

20 ‘‘(2) Section 3031(f) of this title shall apply with re21 spect to the termination of an individual’s entitlement to 

22 educational assistance under this chapter in the same 

23 manner as such section applies to the termination of an 

24 individual’s entitlement to educational assistance under 

25 chapter 30 of this title, except that, in the administration 
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1 of such section for purposes of this chapter, the reference 

2 to section 3013 of this title shall be deemed to be a ref3 erence to 3312 of this title. 

4 ‘‘(3) For purposes of subsection (a), an individual’s 

5 last discharge or release from active duty shall not include 

6 any discharge or release from a period of active duty of 

7 less than 90 days of continuous service, unless the indi8 vidual is discharged or released as described in paragraph 

9 (1), (2), or (3) of section 3311(e) of this title. 

10 ‘‘§ 3322. Bar to duplication of educational assistance 

11 benefits 

12 ‘‘(a) IN GENERAL.—An individual entitled to edu13 cational assistance under this chapter who is also eligible 

14 for educational assistance under chapter 30, 31, 32, or 

15 35 of this title, chapter 107, 1606, or 1607 of title 10, 

16 or the provisions of the Hostage Relief Act of 1980 (Public 

17 Law 96–449; 5 U.S.C. 5561 note) may not receive assist18 ance under two or more such programs concurrently, but 

19 shall elect (in such form and manner as the Secretary may 

20 prescribe) under which chapter or provisions to receive 

21 educational assistance. 

22 ‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER

23 EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period 

24 of service counted for purposes of repayment of an edu25 cation loan under chapter 109 of title 10 may not be 
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1 counted as a period of service for entitlement to edu2 cational assistance under this chapter. 

3 ‘‘(c) SERVICE IN SELECTED RESERVE.—An indi4 vidual who serves in the Selected Reserve may receive 

5 credit for such service under only one of this chapter, 

6 chapter 30 of this title, and chapters 1606 and 1607 of 

7 title 10, and shall elect (in such form and manner as the 

8 Secretary may prescribe) under which chapter such service 

9 is to be credited. 

10 ‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the 

11 case of an individual entitled to educational assistance 

12 under chapter 30, 31, 32, or 35 of this title, chapter 107, 

13 1606, or 1607 of title 10, or the provisions of the Hostage 

14 Relief Act of 1980, or making contributions toward enti15 tlement to educational assistance under chapter 30 of this 

16 title, as of the date of the enactment of the Post-9/11 Vet17 erans Educational Assistance Act of 2007, coordination 

18 of entitlement to educational assistance under this chap19 ter, on the one hand, and such chapters or provisions, on 

20 the other, shall be governed by the provisions of section 

21 3(c) of the Post-9/11 Veterans Educational Assistance Act 

22 of 2007. 

23 ‘‘§ 3323. Administration 

24 ‘‘(a) IN GENERAL.—(1) Except as otherwise provided 

25 in this chapter, the provisions specified in section 
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1 3034(a)(1) of this title shall apply to the provision of edu2 cational assistance under this chapter. 

3 ‘‘(2) In applying the provisions referred to in para4 graph (1) to an individual entitled to educational assist5 ance under this chapter for purposes of this section, the 

6 reference in such provisions to the term ‘eligible veteran’ 

7 shall be deemed to refer to an individual entitled to edu8 cational assistance under this chapter. 

9 ‘‘(3) In applying section 3474 of this title to an indi10 vidual entitled to educational assistance under this chapter 

11 for purposes of this section, the reference in such section 

12 3474 to the term ‘educational assistance allowance’ shall 

13 be deemed to refer to educational assistance payable under 

14 section 3313 of this title. 

15 ‘‘(4) In applying section 3482(g) of this title to an 

16 individual entitled to educational assistance under this 

17 chapter for purposes of this section— 

18 ‘‘(A) the first reference to the term ‘educational 

19 assistance allowance’ in such section 3482(g) shall 

20 be deemed to refer to educational assistance payable 

21 under section 3313 of this title; and 

22 ‘‘(B) the first sentence of paragraph (1) of such 

23 section 3482(g) shall be applied as if such sentence 

24 ended with ‘equipment’. 
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1 ‘‘(b) INFORMATION ON BENEFITS.—(1) The Sec2 retary of Veterans Affairs shall provide the information 

3 described in paragraph (2) to each member of the Armed 

4 Forces at such times as the Secretary of Veterans Affairs 

5 and the Secretary of Defense shall jointly prescribe in reg6 ulations. 

7 ‘‘(2) The information described in this paragraph is 

8 information on benefits, limitations, procedures, eligibility 

9 requirements (including time-in-service requirements), 

10 and other important aspects of educational assistance 

11 under this chapter, including application forms for such 

12 assistance under section 5102 of this title. 

13 ‘‘(3) The Secretary of Veterans Affairs shall furnish 

14 the information and forms described in paragraph (2), and 

15 other educational materials on educational assistance 

16 under this chapter, to educational institutions, training es17 tablishments, military education personnel, and such other 

18 persons and entities as the Secretary considers appro19 priate. 

20 ‘‘(c) REGULATIONS.—(1) The Secretary shall pre21 scribe regulations for the administration of this chapter. 

22 ‘‘(2) Any regulations prescribed by the Secretary of 

23 Defense for purposes of this chapter shall apply uniformly 

24 across the Armed Forces. 
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1 ‘‘§ 3324. Allocation of administration and costs 

2 ‘‘(a) ADMINISTRATION.—Except as otherwise pro3 vided in this chapter, the Secretary shall administer the 

4 provision of educational assistance under this chapter. 

5 ‘‘(b) COSTS.—Payments for entitlement to edu6 cational assistance earned under this chapter shall be 

7 made from funds appropriated to, or otherwise made avail8 able to, the Department of Veterans Affairs for the pay9 ment of readjustment benefits.’’. 

10 (2) CLERICAL AMENDMENTS.—The tables of 

11 chapters at the beginning of title 38, United States 

12 Code, and at the beginning of part III of such title, 

13 are each amended by inserting after the item relat14 ing to chapter 32 the following new item: 

‘‘33. Post-9/11 Educational Assistance ....................................... 3301’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) AMENDMENTS RELATING TO DUPLICATION

17 OF BENEFITS.— 

18 (A) Section 3033 of title 38, United States 

19 Code, is amended— 

20 (i) in subsection (a)(1), by inserting 

21 ‘‘33,’’ after ‘‘32,’’; and 

22 (ii) in subsection (c), by striking 

23 ‘‘both the program established by this 

24 chapter and the program established by 

25 chapter 106 of title 10’’ and inserting ‘‘two 
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1 or more of the programs established by 

2 this chapter, chapter 33 of this title, and 

3 chapters 1606 and 1607 of title 10’’. 

4 (B) Paragraph (4) of section 3695(a) of 

5 such title is amended to read as follows: 

6 ‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of 

7 this title.’’. 

8 (C) Section 16163(e) of title 10, United 

9 States Code, is amended by inserting ‘‘33,’’ 

10 after ‘‘32,’’. 

11 (2) ADDITIONAL CONFORMING AMENDMENTS.— 

12 (A) Title 38, United States Code, is fur13 ther amended by inserting ‘‘33,’’ after ‘‘32,’’ 

14 each place it appears in the following provi15 sions: 

16 (i) In subsections (b) and (e)(1) of 

17 section 3485. 

18 (ii) In section 3688(b). 

19 (iii) In subsections (a)(1), (c)(1), 

20 (c)(1)(G), (d), and (e)(2) of section 3689. 

21 (iv) In section 3690( b)(3)(A). 

22 (v) In subsections (a) and (b) of sec23 tion 3692. 

24 (vi) In section 3697(a). 
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1 (B) Section 3697A(b)(1) of such title is 

2 amended by striking ‘‘or 32’’ and inserting ‘‘32, 

3 or 33’’. 

4 (c) APPLICABILITY TO INDIVIDUALS UNDER MONT5 GOMERY GI BILL PROGRAM.— 

6 (1) INDIVIDUALS ELIGIBLE TO ELECT PARTICI7 PATION IN POST-9/11 EDUCATIONAL ASSISTANCE.— 

8 An individual may elect to receive educational assist9 ance under chapter 33 of title 38, United States 

10 Code (as added by subsection (a)), if such indi11 vidual— 

12 (A) as of the date of the enactment of this 

13 Act— 

14 (i) is entitled to basic educational as15 sistance under chapter 30 of title 38, 

16 United States Code, and has used, but re17 tains unused, such entitlement under that 

18 chapter; 

19 (ii) is entitled to educational assist20 ance under chapter 107, 1606, or 1607 of 

21 title 10, United States Code, and has used, 

22 but retains unused, such entitlement under 

23 the applicable chapter; 

24 (iii) is entitled to basic educational as25 sistance under chapter 30 of title 38, 
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1 United States Code, but has not used any 

2 such entitlement under that chapter; 

3 (iv) is entitled to educational assist4 ance under chapter 107, 1606, or 1607 of 

5 title 10, United States Code, and has not 

6 used any such entitlement under such 

7 chapter; 

8 (v) is a member of the Armed Forces 

9 who is eligible for receipt of basic edu10 cational assistance under chapter 30 of 

11 title 38, United States Code, and is mak12 ing contributions toward such assistance 

13 under section 3011(b) or 3012(c) of such 

14 title; or 

15 (vi) is a member of the Armed Forces 

16 who is not entitled to basic educational as17 sistance under chapter 30 of title 38, 

18 United States Code, by reason of an elec19 tion under section 3011(c)(1) or 

20 3012(d)(1) of such title; and 

21 (B) as of the date of the individual’s elec22 tion under this paragraph— 

23 (i) otherwise meets the requirements 

24 for entitlement to educational assistance 
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1 under chapter 33 of title 38, United States 

2 Code (as so added); or 

3 (ii) is making progress toward meet4 ing such requirements. 

5 (2) ELECTION ON TREATMENT OF TRANS6 FERRED ENTITLEMENT.— 

7 (A) ELECTION.—If, on the date an indi8 vidual described in subparagraph (A)(i) or 

9 (A)(iii) of paragraph (1) makes an election 

10 under that paragraph, a transfer of the entitle11 ment of the individual to basic educational as12 sistance under section 3020 of title 38, United 

13 States Code, is in effect and a number of 

14 months of the entitlement so transferred remain 

15 unutilized, the individual may elect to revoke all 

16 or a portion of the entitlement so transferred 

17 that remains unutilized. 

18 (B) AVAILABILITY OF REVOKED ENTITLE19 MENT.—Any entitlement revoked by an indi20 vidual under this paragraph shall no longer be 

21 available to the dependent to whom transferred, 

22 but shall be available to the individual instead 

23 for educational assistance under chapter 33 of 

24 title 38, United States Code (as so added), as 

25 provided in paragraph (3)(B). 
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1 (C) AVAILABILITY OF UNREVOKED ENTI2 TLEMENT.—Any entitlement described in sub3 paragraph (A) that is not revoked by an indi4 vidual in accordance with that subparagraph 

5 shall remain available to the eligible dependent 

6 or dependents concerned in accordance with the 

7 current transfer of such entitlement under sec8 tion 3020 of title 38, United States Code. 

9 (3) POST-9/11 EDUCATIONAL ASSISTANCE.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B), an individual making an election 

12 under paragraph (1) shall be entitled to edu13 cational assistance under chapter 33 of title 38, 

14 United States Code (as so added), in accord15 ance with the provisions of such chapter, in16 stead of basic educational assistance under 

17 chapter 30 of title 38, United States Code, or 

18 educational assistance under chapter 107, 

19 1606, or 1607 of title 10, United States Code, 

20 as applicable. 

21 (B) LIMITATION ON ENTITLEMENT FOR

22 CERTAIN INDIVIDUALS.—In the case of an indi23 vidual making an election under paragraph (1) 

24 who is described by subparagraph (A)(i), the 

25 number of months of entitlement of such indi-
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1 vidual to educational assistance under chapter 

2 33 of title 38, United States Code (as so 

3 added), shall be the number of months equal to 

4 the number of months of unused entitlement of 

5 such individual under chapter 30 of title 38, 

6 United States Code, as of the date of the elec7 tion, including any number of months entitle8 ment revoked by the individual under para9 graph (2)(A). 

10 (4) CONTINUING EDUCATIONAL ASSISTANCE

11 UNDER MONTGOMERY GI BILL.— 

12 (A) IN GENERAL.—If the aggregate 

13 amount of entitlement to educational assistance 

14 under chapter 33 of title 38, United States 

15 Code (as so added), that is accumulated by an 

16 individual described in subparagraph (A)(i), 

17 (A)(ii), or (A)(iii) of paragraph (1) who makes 

18 an election under that paragraph is less than 

19 36 months, the individual shall retain, and may 

20 utilize, any unutilized entitlement of the indi21 vidual to educational assistance under chapter 

22 30 of title 38, United States Code, or chapter 

23 107, 1606, or 1607 of title 10, United States 

24 Code, as applicable, for a number of months 

25 equal to the lesser of— 
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1 (i) 36 months minus the number of 

2 months of entitlement so accumulated by 

3 the individual; or 

4 (ii) the number of months of such un5 utilized entitlement of the individual. 

6 (B) UTILIZATION OF RETAINED ENTITLE7 MENT.—The utilization of entitlement retained 

8 by an individual under this paragraph shall be 

9 governed by the provisions of chapter 30 of title 

10 38, United States Code, or chapter 107, 1606, 

11 or 1607 of title 10, United States Code, as ap12 plicable. 

13 (5) TREATMENT OF CONTRIBUTIONS TOWARD

14 BASIC EDUCATIONAL ASSISTANCE.— 

15 (A) REFUND OF CONTRIBUTIONS.—Except 

16 as provided in subparagraph (B), the Secretary 

17 of Veterans Affairs shall pay to each individual 

18 making an election under paragraph (1) who is 

19 described by clause (i), (iii), or (v) of subpara20 graph (A) of that paragraph an amount equal 

21 to the total amount of contributions made by 

22 such individual under subchapter II of chapter 

23 30 of title 38, United States Code, for basic 

24 educational assistance under that chapter, in25 cluding any contributions made under sub-
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1 section (b) or (e) of section 3011 of such title 

2 or any contributions made under subsection (c) 

3 or (f) of section 3012 of such title. 

4 (B) EXCEPTION.—In the case of an indi5 vidual described by subparagraph (A) who is 

6 entitled to basic educational assistance under 

7 chapter 30 of title 38, United States Code, by 

8 reason of paragraph (4)(A), the amount payable 

9 to the individual under this paragraph shall be 

10 an amount equal to— 

11 (i) the amount otherwise payable to 

12 the individual under subparagraph (A), 

13 multiplied by 

14 (ii) a fraction— 

15 (I) the numerator of which is the 

16 number equal to the number of 

17 months of basic educational assistance 

18 under chapter 30 of title 38, United 

19 States Code, to which the individual is 

20 entitled by reason of paragraph 

21 (4)(A); and 

22 (II) the denominator of which is 

23 36. 

24 (C) CESSATION OF CONTRIBUTIONS.—Ef25 fective as of the first month beginning on or 
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1 after the date of an election under paragraph 

2 (1) of an individual described by subparagraph 

3 (A)(v) of that paragraph, the obligation of such 

4 individual to make contributions under section 

5 3011(b) or 3012(c) of title 38, United States 

6 Code, as applicable, shall cease, and the re7 quirements of such section shall be deemed to 

8 be no longer applicable to such person. 

9 (6) TERMINATION OF ENTITLEMENT UNDER

10 MONTGOMERY GI BILL.—Except as otherwise pro11 vided in paragraph (4), effective on the last day of 

12 the month in which an individual makes an election 

13 under paragraph (1), the entitlement, if any, of the 

14 individual to basic educational assistance under 

15 chapter 30 of title 38, United States Code, or edu16 cational assistance under chapter 107, 1606, or 

17 1607 of title 10, United States Code, as applicable, 

18 shall terminate. 

19 (7) IRREVOCABILITY OF ELECTIONS.—An elec20 tion under paragraph (1) or (2)(A) is irrevocable. 

Æ