I 

111TH CONGRESS 

1ST SESSION H. R. 4064 

To make certain improvements in the Post-9/11 Educational Assistance 

program. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 7, 2009 

Ms. GIFFORDS introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To make certain improvements in the Post-9/11 Educational 

Assistance program. 

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

3 SECTION 1. AUTHORITY OF CERTAIN MEMBERS OF THE 

4 ARMED FORCES TO TRANSFER ENTITLEMENT 

5 TO POST-9/11 EDUCATIONAL ASSISTANCE TO 

6 THEIR DEPENDENTS. 

7 Subsection (b) of section 3319 of title 38, United 

8 States Code, is amended to read as follows: 


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1 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual re2 ferred to in subsection (a) is any member of the Armed 

3 Forces who— 

4 ‘‘(1) at the time of the approval of the individ5 ual’s request to transfer entitlement to educational 

6 assistance under this section, has completed at 

7 least— 

8 ‘‘(A) six years of service in the Armed 

9 Forces and enters into an agreement to serve at 

10 least four more years as a member of the 

11 Armed Forces; or 

12 ‘‘(B) the years of service as determined in 

13 regulations pursuant to section (k); 

14 ‘‘(2) retired on or after September 10, 2001, 

15 and on or before July 31, 2009; or 

16 ‘‘(3) medically retired or separated from the 

17 Armed Forces on or after September 10, 2001, by 

18 reason of a disability determined to be a service-con19 nected disability.’’. 


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1 SEC. 2. SPECIAL RULES FOR CERTAIN INDIVIDUALS ENTI2 TLED TO POST-9/11 EDUCATIONAL ASSIST3 ANCE AND BASIC EDUCATIONAL ASSISTANCE 

4 UNDER MONTGOMERY GI BILL. 

5 Section 5003(c)(4) of the Post-9/11 Veterans Edu6 cational Assistance Act of 2008 (title V of Public Law 

7 110–252) is amended— 

8 (1) by adding at the end the following new sub9 paragraph: 

10 ‘‘(C) SPECIAL RULE FOR CERTAIN MEM11 BERS ENTITLED TO MGIB.—In the case of an 

12 individual who makes an election under para13 graph (1) and who is entitled to basic edu14 cational assistance under chapter 30 of title 38, 

15 United States Code, by reason of the individ16 ual’s service in the Armed Forces or before 

17 September 10, 2001— 

18 ‘‘(i) if the individual is entitled to not 

19 more than 24 months of basic educational 

20 assistance under such chapter prior to 

21 making such election, the individual shall 

22 be entitled to 36 months of educational as23 sistance under chapter 33 of title 38, 

24 United States Code (as so added), in ac25 cordance with the provisions of such chap26 ter, instead of basic educational assistance 


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1 under chapter 30 of title 38, United States 

2 Code; and 

3 ‘‘(ii) if the individual is entitled to 

4 more than 24 months of basic educational 

5 assistance under such chapter prior to 

6 making such election, the individual shall 

7 be entitled to 36 months of educational as8 sistance under chapter 33 of title 38, 

9 United States Code (as so added) in ac10 cordance with the provisions of such chap11 ter, plus the number of months, in excess 

12 of 24, of basic educational assistance 

13 under chapter 30 of such title to which the 

14 individual is entitled.’’; and 

15 (2) in subparagraph (A), by inserting ‘‘subpara16 graph (C) or’’ before ‘‘paragraph (5)’’. 

17 SEC. 3. MONTHLY HOUSING ASSISTANCE FOR INDIVIDUALS 

18 PURSUING PROGRAMS OF EDUCATION OF19 FERED THROUGH DISTANCE LEARNING WHO 

20 RECEIVE POST-9/11 EDUCATIONAL ASSIST21 ANCE. 

22 Section 3313(c)(1)(B)(i) of title 38, United States 

23 Code, is amended— 


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1 (1) by striking ‘‘(other than, in the case of as2 sistance under this section only, a program of edu3 cation offered through distance learning)’’; and 

4 (2) by adding at the end the following: ‘‘, ex5 cept that in the case of an individual pursuing a pro6 gram of education offered, completely or in part, 

7 through distance learning, the amount of the month8 ly housing stipend under this clause shall be equal 

9 to the monthly amount of the basic allowance for 

10 housing payable under section 403 of title 37 for a 

11 member with dependents in pay grade E–5 residing 

12 in the military housing area in which the individual 

13 resides.’’ 

14 SEC. 4. EFFECTIVE DATE. 

15 The amendments made by this Act shall take effect 

16 as if included in the enactment of the Post-9/11 Veterans 

17 Educational Assistance Act of 2008 (title V of Public Law 

18 110–252). 

Æ 


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