I 

110TH CONGRESS 

2D SESSION H. R. 5740 

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 

APRIL 9, 2008 

Mr. MITCHELL (for himself, Mr. SCOTT of Virginia, Ms. GINNY BROWNWAITE of Florida, Mr. KING of New York, Mr. CARNEY, Mr. BOUCHER, 

Mr. MORAN of Virginia, Mr. SALAZAR, Mr. BISHOP of Georgia, Mr. 

HOLT, Mr. COURTNEY, Ms. BERKLEY, Mr. ELLISON, Mr. WALZ of Minnesota, Ms. MATSUI, Mr. DINGELL, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. BARTLETT of Maryland, Mr. SESTAK, Mr. YOUNG of Alaska, 

Mrs. MALONEY of New York, Mr. UDALL of Colorado, Mr. JEFFERSON, 

Mrs. NAPOLITANO, Mr. MOLLOHAN, Ms. SHEA-PORTER, Mr. MCNERNEY, 

Mr. BUCHANAN, Mr. MCHENRY, Mrs. TAUSCHER, Mr. PASCRELL, Ms. 

BORDALLO, Ms. HERSETH SANDLIN, Mr. SAXTON, Mr. JONES of North 

Carolina, Ms. KAPTUR, Ms. SUTTON, Mr. KENNEDY, Mr. SERRANO, Ms. 

JACKSON-LEE of Texas, Mr. BILIRAKIS, Mr. WEINER, Mr. HINOJOSA, 

Ms. ESHOO, Mr. RODRIGUEZ, Mr. WALDEN of Oregon, Mr. KLEIN of 

Florida, Mr. ORTIZ, Mr. TIM MURPHY of Pennsylvania, Ms. WOOLSEY, 

Mr. HOLDEN, Mr. LARSON of Connecticut, Ms. MOORE of Wisconsin, Mr. 

MCGOVERN, Mr. MURPHY of Connecticut, Ms. DELAURO, Mr. 

COSTELLO, Mrs. CHRISTENSEN, Mrs. CAPPS, Mr. SHAYS, Ms. MCCOLLUM of Minnesota, Mr. TOWNS, Mr. DEFAZIO, Mr. GRIJALVA, Mr. 

HONDA, Mr. WATT, Mr. ETHERIDGE, Mr. ROTHMAN, Mr. MAHONEY of 

Florida, Mr. LEWIS of Georgia, Mrs. MYRICK, Mr. DELAHUNT, Mr. 

HARE, Mr. SARBANES, Mr. RYAN of Ohio, Mrs. DRAKE, Mr. SCHIFF, Mr. 

CLEAVER, Mr. HINCHEY, Mr. UDALL of New Mexico, Ms. ROYBAL-ALLARD, Mrs. BOYDA of Kansas, Mr. BOSWELL, Mrs. MCCARTHY of New 

York, Mr. LATHAM, Mr. HALL of New York, Mr. CROWLEY, Mr. 

LOEBSACK, Mr. MILLER of North Carolina, Ms. TSONGAS, Mr. MICHAUD, 

Ms. CORRINE BROWN of Florida, Mr. DAVIS of Alabama, Mr. YOUNG of 

Florida, Mr. REICHERT, Mr. KUHL of New York, Mr. ROGERS of Michigan, Mr. WEXLER, Mr. BUTTERFIELD, Mrs. CAPITO, Mr. ELLSWORTH, 

Mr. PORTER, Mr. ALTMIRE, Mr. SPACE, Mrs. DAVIS of California, Mr. 

HAYES, Mr. ROSKAM, Mr. DAVID DAVIS of Tennessee, Mrs. SCHMIDT, 

Mr. REYNOLDS, Mr. FOSSELLA, Mr. CASTLE, Mrs. MUSGRAVE, Mr. SALI, 

Ms. WASSERMAN SCHULTZ, Mr. BERRY, Mr. CARNAHAN, Mr. TIERNEY, 


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Mr. BERMAN, Mr. WELCH of Vermont, Ms. GIFFORDS, Mr. PETERSON

of Minnesota, Mr. PALLONE, Mr. PAYNE, Mr. RUSH, Mr. CHABOT, Mr. 

LAMPSON, Mr. JACKSON of Illinois, Mr. MARIO DIAZ-BALART of Florida, 

Mr. YARMUTH, Mr. CARDOZA, Mr. ALLEN, Mr. LOBIONDO, Ms. HOOLEY, 

Mr. RANGEL, Mr. KIND, Ms. SCHAKOWSKY, Mr. BRADY of Pennsylvania, 

Mr. SHULER, Mr. REYES, Mr. ENGEL, Mr. HIGGINS, Mr. KNOLLENBERG, Mr. PLATTS, Mr. KAGEN, Mr. MCINTYRE, Mr. CRAMER, Mr. VISCLOSKY, Mr. BLUMENAUER, Mr. COHEN, Ms. ZOE LOFGREN of California, Mr. KILDEE, Mr. MCCOTTER, Mr. MILLER of Florida, Mr. 

GILCHREST, Mr. ENGLISH of Pennsylvania, Ms. HIRONO, Ms. LEE, Mr. 

SHUSTER, Mr. HERGER, Mr. BRALEY of Iowa, Ms. ROS-LEHTINEN, Mr. 

LAHOOD, Mr. THOMPSON of California, Mr. COSTA, Mr. OBERSTAR, Mr. 

CAPUANO, Mr. EDWARDS, Mr. SOUDER, Mr. MICA, and Mr. DAVIS of Illinois) 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 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) On September 11, 2001, terrorists attacked 

9 the United States, and the brave members of the 

10 Armed Forces of the United States were called to 

11 the defense of the Nation. 


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

2 has been especially arduous for the members of the 

3 Armed Forces since September 11, 2001. 

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

5 offering educational assistance to millions of vet6 erans, as demonstrated by the many ‘‘G.I. Bills’’ en7 acted since World War II. Educational assistance for 

8 veterans helps reduce the costs of war, assist vet9 erans in readjusting to civilian life after wartime 

10 service, and boost the United States economy, and 

11 has a positive effect on recruitment for the Armed 

12 Forces. 

13 (4) The current educational assistance program 

14 for veterans is outmoded and designed for peacetime 

15 service in the Armed Forces. 

16 (5) The people of the United States greatly 

17 value military service and recognize the difficult 

18 challenges involved in readjusting to civilian life 

19 after wartime service in the Armed Forces. 

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

21 States to provide veterans who served on active duty 

22 in the Armed Forces after September 11, 2001, with 

23 enhanced educational assistance benefits that are 

24 worthy of such service and are commensurate with 


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1 the educational assistance benefits provided by a 

2 grateful Nation to veterans of World War II. 

3 SEC. 3. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE 

4 ARMED FORCES WHO SERVE AFTER SEP5 TEMBER 11, 2001. 

6 (a) EDUCATIONAL ASSISTANCE AUTHORIZED.— 

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

8 States Code, is amended by inserting after chapter 

9 32 the following new chapter: 

10 ‘‘CHAPTER 33—POST–9/11 EDUCATIONAL 

11 ASSISTANCE 

‘‘SUBCHAPTER I—DEFINITIONS

‘‘Sec. 

‘‘3301. Definitions. 

‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE

‘‘3311. Educational assistance for service in the Armed Forces commencing on 

or after September 11, 2001: entitlement. 

‘‘3312. Educational assistance: duration. 

‘‘3313. Educational assistance: amount; payment. 

‘‘3314. Tutorial assistance. 

‘‘3315. Licensure and certification tests. 

‘‘3316. Supplemental educational assistance for additional service. 

‘‘3317. Public-private contributions for additional educational assistance. 

‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS

‘‘3321. Time limitation for use of and eligibility for entitlement. 

‘‘3322. Bar to duplication of educational assistance benefits. 

‘‘3323. Administration. 

‘‘3324. Allocation of administration and costs. 

12 ‘‘SUBCHAPTER I—DEFINITIONS 

13 ‘‘§ 3301. Definitions 

14 ‘‘In this chapter: 


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1 ‘‘(1) The term ‘active duty’ has the meanings 

2 as follows (subject to the limitations specified in sec3 tions 3002(6) and 3311(b) of this title): 

4 ‘‘(A) In the case of members of the regular 

5 components of the Armed Forces, the meaning 

6 given such term in section 101(21)(A) of this 

7 title. 

8 ‘‘(B) In the case of members of the reserve 

9 components of the Armed Forces, service on ac10 tive duty under a call or order to active duty 

11 under section 688, 12301(a), 12301(d), 

12 12301(g), 12302, or 12304 of title 10. 

13 ‘‘(2) The term ‘entry level and skill training’ 

14 means the following: 

15 ‘‘(A) In the case of members of the Army, 

16 Basic Combat Training and Advanced Indi17 vidual Training. 

18 ‘‘(B) In the case of members of the Navy, 

19 Recruit Training (or Boot Camp) and Skill 

20 Training (or so-called ‘A’ School). 

21 ‘‘(C) In the case of members of the Air 

22 Force, Basic Military Training and Technical 

23 Training. 


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1 ‘‘(D) In the case of members of the Marine 

2 Corps, Recruit Training and Marine Corps 

3 Training (or School of Infantry Training). 

4 ‘‘(E) In the case of members of the Coast 

5 Guard, Basic Training. 

6 ‘‘(3) The terms ‘program of education’ and 

7 ‘Secretary of Defense’ have the meaning given such 

8 terms in section 3002 of this title. 

9 ‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 

10 ‘‘§ 3311. Educational assistance for service in the 

11 Armed Forces commencing on or after 

12 September 11, 2001: entitlement 

13 ‘‘(a) ENTITLEMENT.—Subject to subsections (d) and 

14 (e), each individual described in subsection (b) is entitled 

15 to educational assistance under this chapter. 

16 ‘‘(b) COVERED INDIVIDUALS.—An individual de17 scribed in this subsection is any individual as follows: 

18 ‘‘(1) An individual (including an individual as a 

19 Reserve) who— 

20 ‘‘(A) commencing on or after September 

21 11, 2001, serves an aggregate of at least 36 

22 months on active duty in the Armed Forces (in23 cluding service on active duty in entry level and 

24 skill training); and 


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1 ‘‘(B) after completion of service described 

2 in subparagraph (A)— 

3 ‘‘(i) continues on active duty; or 

4 ‘‘(ii) is discharged or released from 

5 active duty as described in subsection (c). 

6 ‘‘(2) An individual who— 

7 ‘‘(A) commencing on or after September 

8 11, 2001, serves at least 30 continuous days on 

9 active duty in the Armed Forces; and 

10 ‘‘(B) after completion of service described 

11 in subparagraph (A), is discharged or released 

12 from active duty in the Armed Forces for a 

13 service-connected disability. 

14 ‘‘(3) An individual who— 

15 ‘‘(A) commencing on or after September 

16 11, 2001, serves an aggregate of at least 30 

17 months, but less than 36 months, on active 

18 duty in the Armed Forces (including service on 

19 active duty in entry level and skill training); 

20 and 

21 ‘‘(B) after completion of service described 

22 in subparagraph (A)— 

23 ‘‘(i) continues on active duty for an 

24 aggregate of less than 36 months; or 


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1 ‘‘(ii) before completion of service on 

2 active duty of an aggregate of 36 months, 

3 is discharged or released from active duty 

4 as described in subsection (c). 

5 ‘‘(4) An individual who— 

6 ‘‘(A) commencing on or after September 

7 11, 2001, serves an aggregate of at least 24 

8 months, but less than 30 months, on active 

9 duty in the Armed Forces (including service on 

10 active duty in entry level and skill training); 

11 and 

12 ‘‘(B) after completion of service described 

13 in subparagraph (A)— 

14 ‘‘(i) continues on active duty for an 

15 aggregate of less than 30 months; or 

16 ‘‘(ii) before completion of service on 

17 active duty of an aggregate of 30 months, 

18 is discharged or released from active duty 

19 as described in subsection (c). 

20 ‘‘(5) An individual who— 

21 ‘‘(A) commencing on or after September 

22 11, 2001, serves an aggregate of at least 18 

23 months, but less than 24 months, on active 

24 duty in the Armed Forces (excluding service on 


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1 active duty in entry level and skill training); 

2 and 

3 ‘‘(B) after completion of service described 

4 in subparagraph (A)— 

5 ‘‘(i) continues on active duty for an 

6 aggregate of less than 24 months; or 

7 ‘‘(ii) before completion of service on 

8 active duty of an aggregate of 24 months, 

9 is discharged or released from active duty 

10 as described in subsection (c). 

11 ‘‘(6) An individual who— 

12 ‘‘(A) commencing on or after September 

13 11, 2001, serves an aggregate of at least 12 

14 months, but less than 18 months, on active 

15 duty in the Armed Forces (excluding service on 

16 active duty in entry level and skill training); 

17 and 

18 ‘‘(B) after completion of service described 

19 in subparagraph (A)— 

20 ‘‘(i) continues on active duty for an 

21 aggregate of less than 18 months; or 

22 ‘‘(ii) before completion of service on 

23 active duty of an aggregate of 18 months, 

24 is discharged or released from active duty 

25 as described in subsection (c). 


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1 ‘‘(7) An individual who— 

2 ‘‘(A) commencing on or after September 

3 11, 2001, serves an aggregate of at least 6 

4 months, but less than 12 months, on active 

5 duty in the Armed Forces (excluding service on 

6 active duty in entry level and skill training); 

7 and 

8 ‘‘(B) after completion of service described 

9 in subparagraph (A)— 

10 ‘‘(i) continues on active duty for an 

11 aggregate of less than 12 months; or 

12 ‘‘(ii) before completion of service on 

13 active duty of an aggregate of 12 months, 

14 is discharged or released from active duty 

15 as described in subsection (c). 

16 ‘‘(8) An individual who— 

17 ‘‘(A) commencing on or after September 

18 11, 2001, serves an aggregate of at least 90 

19 days, but less than 6 months, on active duty in 

20 the Armed Forces (excluding service on active 

21 duty in entry level and skill training); and 

22 ‘‘(B) after completion of service described 

23 in subparagraph (A)— 

24 ‘‘(i) continues on active duty for an 

25 aggregate of less than 6 months; or 


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1 ‘‘(ii) before completion of service on 

2 active duty of an aggregate of 6 months, is 

3 discharged or released from active duty as 

4 described in subsection (c). 

5 ‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis6 charge or release from active duty of an individual de7 scribed in this subsection is a discharge or release as fol8 lows: 

9 ‘‘(1) A discharge from active duty in the Armed 

10 Forces with an honorable discharge. 

11 ‘‘(2) A release after service on active duty in 

12 the Armed Forces characterized by the Secretary 

13 concerned as honorable service and placement on the 

14 retired list, transfer to the Fleet Reserve or Fleet 

15 Marine Corps Reserve, or placement on the tem16 porary disability retired list. 

17 ‘‘(3) A release from active duty in the Armed 

18 Forces for further service in a reserve component of 

19 the Armed Forces after service on active duty char20 acterized by the Secretary concerned as honorable 

21 service. 

22 ‘‘(4) A discharge or release from active duty in 

23 the Armed Forces for— 

24 ‘‘(A) a medical condition which preexisted 

25 the service of the individual as described in the 


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1 applicable paragraph of subsection (b) and 

2 which the Secretary determines is not service3 connected; 

4 ‘‘(B) hardship; or 

5 ‘‘(C) a physical or mental condition that 

6 was not characterized as a disability and did 

7 not result from the individual’s own willful mis8 conduct but did interfere with the individual’s 

9 performance of duty, as determined by the Sec10 retary concerned in accordance with regulations 

11 prescribed by the Secretary of Defense. 

12 ‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN

13 SERVICE AS PERIOD OF ACTIVE DUTY.—The following 

14 periods of service shall not be considered a part of the 

15 period of active duty on which an individual’s entitlement 

16 to educational assistance under this chapter is based: 

17 ‘‘(1) A period of service on active duty of an of18 ficer pursuant to an agreement under section 

19 2107(b) of title 10. 

20 ‘‘(2) A period of service on active duty of an of21 ficer pursuant to an agreement under section 4348, 

22 6959, or 9348 of title 10. 

23 ‘‘(3) A period of service that is terminated be24 cause of a defective enlistment and induction based 

25 on— 


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

2 purposes of service in the Armed Forces; 

3 ‘‘(B) an erroneous enlistment or induction; 

4 or 

5 ‘‘(C) a defective enlistment agreement. 

6 ‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED

7 UNDER MULTIPLE PROVISIONS.—In the event an indi8 vidual entitled to educational assistance under this chapter 

9 is entitled by reason of both paragraphs (4) and (5) of 

10 subsection (b), the individual shall be treated as being en11 titled to educational assistance under this chapter by rea12 son of paragraph (5) of such subsection. 

13 ‘‘§ 3312. Educational assistance: duration 

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

15 title and except as provided in subsections (b) and (c), 

16 an individual entitled to educational assistance under this 

17 chapter is entitled to a number of months of educational 

18 assistance under section 3313 of this title equal to 36 

19 months, which is the equivalent of four academic years. 

20 ‘‘(b) CONTINUING RECEIPT.—The receipt of edu21 cational assistance under section 3313 of this title by an 

22 individual entitled to educational assistance under this 

23 chapter is subject to the provisions of section 3321(b)(2) 

24 of this title. 


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1 ‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE

2 DUTY.—(1) Any payment of educational assistance de3 scribed in paragraph (2) shall not— 

4 ‘‘(A) be charged against any entitlement to edu5 cational assistance of the individual concerned under 

6 this chapter; or 

7 ‘‘(B) be counted against the aggregate period 

8 for which section 3695 of this title limits the individ9 ual’s receipt of educational assistance under this 

10 chapter. 

11 ‘‘(2) Subject to paragraph (3), the payment of edu12 cational assistance described in this paragraph is the pay13 ment of such assistance to an individual for pursuit of a 

14 course or courses under this chapter if the Secretary finds 

15 that the individual— 

16 ‘‘(A)(i) in the case of an individual not serving 

17 on active duty, had to discontinue such course pur18 suit as a result of being called or ordered to serve 

19 on active duty under section 688, 12301(a), 

20 12301(d), 12301(g), 12302, or 12304 of title 10; or 

21 ‘‘(ii) in the case of an individual serving on ac22 tive duty, had to discontinue such course pursuit as 

23 a result of being ordered to a new duty location or 

24 assignment or to perform an increased amount of 

25 work; and 


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1 ‘‘(B) failed to receive credit or lost training 

2 time toward completion of the individual’s approved 

3 education, professional, or vocational objective as a 

4 result of having to discontinue, as described in sub5 paragraph (A), the individual’s course pursuit. 

6 ‘‘(3) The period for which, by reason of this sub7 section, educational assistance is not charged against enti8 tlement or counted toward the applicable aggregate period 

9 under section 3695 of this title shall not exceed the por10 tion of the period of enrollment in the course or courses 

11 from which the individual failed to receive credit or with 

12 respect to which the individual lost training time, as deter13 mined under paragraph (2)(B). 

14 ‘‘§ 3313. Educational assistance: amount; payment 

15 ‘‘(a) PAYMENT.—The Secretary shall pay to each in16 dividual entitled to educational assistance under this chap17 ter who is pursuing an approved program of education 

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

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

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

21 other educational costs for pursuit of such program of 

22 education. 

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

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

25 education is an approved program of education for purVerDate Aug 31 2005 03:30 Apr 11, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5740.IH H5740

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1 poses of this chapter if the program of education is ap2 proved for purposes of chapter 30 of this title. 

3 ‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—The 

4 amounts payable under this subsection for pursuit of an 

5 approved program of education are amounts as follows: 

6 ‘‘(1) In the case of an individual entitled to 

7 educational assistance under this chapter by reason 

8 of section 3311(b)(1) or 3311(b)(2) of this title, 

9 amounts as follows: 

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

11 charges for the program of education, except 

12 that the amount payable under this subpara13 graph may not exceed the maximum amount of 

14 established charges regularly charged in-State 

15 students for full-time pursuit of programs of 

16 education by the public institution of higher 

17 education in the State in which the individual 

18 is enrolled that has the highest rate of regu19 larly-charged established charges for programs 

20 of education among all public institutions of 

21 higher education in such State. 

22 ‘‘(B) A monthly housing stipend in an 

23 amount equal to the monthly amount of the 

24 basic allowance for housing payable under sec25 tion 403 of title 37 for a member with dependVerDate Aug 31 2005 03:30 Apr 11, 2008 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5740.IH H5740

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1 ents in pay grade E–5 residing in the military 

2 housing area that encompasses all or the major3 ity portion of the ZIP code area in which is lo4 cated the institution of higher education at 

5 which the individual is enrolled. 

6 ‘‘(C) A yearly stipend for books, supplies, 

7 equipment, and other educational costs in the 

8 amount of $1,000. 

9 ‘‘(2) In the case of an individual entitled to 

10 educational assistance under this chapter by reason 

11 of section 3311(b)(3) of this title, amounts equal to 

12 90 percent of the amounts that would be payable to 

13 the individual under paragraph (1) for the program 

14 of education if the individual were entitled to 

15 amounts for the program of education under para16 graph (1) rather than this paragraph. 

17 ‘‘(3) In the case of an individual entitled to 

18 educational assistance under this chapter by reason 

19 of section 3311(b)(4) of this title, amounts equal to 

20 80 percent of the amounts that would be payable to 

21 the individual under paragraph (1) for the program 

22 of education if the individual were entitled to 

23 amounts for the program of education under para24 graph (1) rather than this paragraph. 


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1 ‘‘(4) In the case of an individual entitled to 

2 educational assistance under this chapter by reason 

3 of section 3311(b)(5) of this title, amounts equal to 

4 70 percent of the amounts that would be payable to 

5 the individual under paragraph (1) for the program 

6 of education if the individual were entitled to 

7 amounts for the program of education under para8 graph (1) rather than this paragraph. 

9 ‘‘(5) In the case of an individual entitled to 

10 educational assistance under this chapter by reason 

11 of section 3311(b)(6) of this title, amounts equal to 

12 60 percent of the amounts that would be payable to 

13 the individual under paragraph (1) for the program 

14 of education if the individual were entitled to 

15 amounts for the program of education under para16 graph (1) rather than this paragraph. 

17 ‘‘(6) In the case of an individual entitled to 

18 educational assistance under this chapter by reason 

19 of section 3311(b)(7) of this title, amounts equal to 

20 50 percent of the amounts that would be payable to 

21 the individual under paragraph (1) for the program 

22 of education if the individual were entitled to 

23 amounts for the program of education under para24 graph (1) rather than this paragraph. 


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1 ‘‘(7) In the case of an individual entitled to 

2 educational assistance under this chapter by reason 

3 of section 3311(b)(8) of this title, amounts equal to 

4 40 percent of the amounts that would be payable to 

5 the individual under paragraph (1) for the program 

6 of education if the individual were entitled to 

7 amounts for the program of education under para8 graph (1) rather than this paragraph. 

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

10 amounts payable under subsection (c)(1)(A), and of simi11 lar amounts payable under paragraphs (2) through (7) of 

12 subsection (c), for pursuit of a program of education shall 

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

14 semester, or term, as applicable, of the program of edu15 cation before the commencement of such quarter, semes16 ter, or term. 

17 ‘‘(2) Payment of the amount payable under sub18 section (c)(1)(B), and of similar amounts payable under 

19 paragraphs (2) through (7) of subsection (c), for pursuit 

20 of a program of education shall be made on a monthly 

21 basis while enrolled full-time in a program of education. 

22 ‘‘(3) The amount payable under subsection (c)(1)(C), 

23 and similar amounts payable under paragraphs (2) 

24 through (7) of subsection (c), for pursuit of a program 

25 of education shall be payable in equal installments for the 


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1 quarter, semester, or term, as applicable, falling within the 

2 year concerned. Payment of such amounts shall be made 

3 in a lump-sum amount for the entire quarter, semester, 

4 or term, as the case may be, of the program of education 

5 before the commencement of such quarter, semester, or 

6 term. 

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

8 methods for determining the number of months (including 

9 fractions thereof) of entitlement of an individual to edu10 cational assistance this chapter that are chargeable under 

11 this chapter for an advance payment of amounts under 

12 paragraphs (1) and (3) for pursuit of a program of edu13 cation on a quarter, semester, term, or other basis. 

14 ‘‘(e) PROGRAMS OF EDUCATION PURSUED ON AC15 TIVE DUTY.—(1) Educational assistance is payable under 

16 this chapter for pursuit of an approved program of edu17 cation while on active duty. 

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

19 under this chapter to an individual pursuing a program 

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

21 ‘‘(A) the established charges which similarly 

22 circumstanced nonveterans enrolled in the program 

23 of education involved would be required to pay; or 

24 ‘‘(B) the amount of the charges of the edu25 cational institution as elected by the individual in 


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

2 title. 

3 ‘‘(3) Payment of the amount payable under para4 graph (2) for pursuit of a program of education shall be 

5 made in a lump-sum amount for the entire quarter, semes6 ter, or term, as applicable, of the program of education 

7 before the commencement of such quarter, semester, or 

8 term. 

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

10 methods prescribed under subsection (d)(4)) for which 

11 amounts are paid an individual under this subsection, the 

12 entitlement of the individual to educational assistance 

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

14 month for each such month. 

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

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

17 payable under this chapter for pursuit of an approved pro18 gram of education on less than half-time basis. 

19 ‘‘(2) The educational assistance payable under this 

20 chapter to an individual pursuing a program of education 

21 on less than half-time basis is the amounts as follows: 

22 ‘‘(A) The amount equal to the lesser of— 

23 ‘‘(i) the established charges which similarly 

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1 gram of education involved would be required to 

2 pay; or 

3 ‘‘(ii) the maximum amount that would be 

4 payable to the individual for the program of 

5 education under paragraph (1)(A) of subsection 

6 (c), or under the provisions of paragraphs (2) 

7 through (7) of subsection (c) applicable to the 

8 individual, for the program of education if the 

9 individual were entitled to amounts for the pro10 gram of education under subsection (c) rather 

11 than this subsection. 

12 ‘‘(B) A housing stipend in an amount equal to 

13 the amount of the appropriately reduced amount of 

14 monthly stipend for housing otherwise payable to the 

15 individual under subsection (c). 

16 ‘‘(C) A stipend in an amount equal to the 

17 amount of the appropriately reduced amount of the 

18 yearly stipend for books, supplies, equipment, and 

19 other educational costs otherwise payable to the indi20 vidual under subsection (c). 

21 ‘‘(3)(A) Payment of the amounts payable to an indi22 vidual under subparagraphs (A) and (C) of paragraph (2) 

23 for pursuit of a program of education on less than half24 time basis shall be made in a lump-sum, and shall be made 

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1 lowing the month in which certification is received from 

2 the educational institution involved that the individual has 

3 enrolled in and is pursuing a program of education at the 

4 institution. 

5 ‘‘(B) Payments of the amounts payable to an indi6 vidual under subparagraph (B) of paragraph (2) shall be 

7 made on a monthly basis. 

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

9 methods prescribed under subsection (d)(4)) for which 

10 amounts are paid an individual under this subsection, the 

11 entitlement of the individual to educational assistance 

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

13 month equal to— 

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

15 individual in pursuit of the program of education in16 volved, divided by 

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

18 pursuit of such program of education. 

19 ‘‘(g) APPRENTICESHIP OR OTHER ON-JOB TRAIN20 ING.—(1) Educational assistance is payable under this 

21 chapter for full-time pursuit of a program of apprentice22 ship or other on-job training described in paragraphs (1) 

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

24 ‘‘(2) The educational assistance payable under this 

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1 prenticeship or training referred to in paragraph (1) is 

2 the amounts as follows: 

3 ‘‘(A) The amount equal to the lesser of— 

4 ‘‘(i) the established charge which similarly 

5 circumstances nonveterans enrolled in the pro6 gram would be required to pay; or 

7 ‘‘(ii) the maximum amount that would be 

8 payable to the individual for the program of 

9 education under paragraph (1)(A) of subsection 

10 (c), or under the provisions of paragraphs (2) 

11 through (7) of subsection (c) applicable to the 

12 individual, for the program of education if the 

13 individual were entitled to amounts for the pro14 gram of education under subsection (c) rather 

15 than this subsection. 

16 ‘‘(B) A housing stipend in an amount equal to 

17 the amount of the appropriately reduced amount of 

18 monthly stipend for housing otherwise payable to the 

19 individual under subsection (c). 

20 ‘‘(C) A stipend in an amount equal to the 

21 amount of the appropriately reduced amount of the 

22 yearly stipend for books, supplies, equipment, and 

23 other educational costs otherwise payable to the indi24 vidual under subsection (c). 


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1 ‘‘(3) The nature and amount of the tuition, fees, and 

2 other expenses constituting the established charge for a 

3 program of apprenticeship or training under this sub4 section shall be determined in accordance with regulations 

5 prescribed by the Secretary. 

6 ‘‘(4)(A) Payment of the amounts payable under sub7 paragraphs (A) and (C) of paragraph (2) for pursuit of 

8 a program of apprenticeship or training shall be made, 

9 at the election of the Secretary— 

10 ‘‘(i) in a lump sum for such period of the pro11 gram as the Secretary shall determine before the 

12 commencement of such period of the program; or 

13 ‘‘(ii) on a monthly basis. 

14 ‘‘(B) Payments of the amounts payable under sub15 paragraph (B) of paragraph (2) shall be made on a 

16 monthly basis. 

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

18 methods prescribed under subsection (d)(4)) for which 

19 amounts are paid an individual under this subsection, the 

20 entitlement of the individual to educational assistance 

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

22 month for each such month. 

23 ‘‘(h) PROGRAMS OF EDUCATION BY CORRESPOND24 ENCE.—(1) Educational assistance is payable under this 


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1 chapter for pursuit of a program of education exclusively 

2 by correspondence. 

3 ‘‘(2) The educational assistance payable under this 

4 chapter to an individual who is pursuing a program of 

5 education exclusively by correspondence is the amounts as 

6 follows: 

7 ‘‘(A) An amount equal to 55 percent of amount 

8 that would be payable to the individual for the pro9 gram of education under paragraph (1)(A) of sub10 section (c), or under the provisions of paragraphs 

11 (2) through (7) of subsection (c) applicable to the 

12 individual, for the program of education if the indi13 vidual were entitled to amounts for the program of 

14 education under subsection (c) rather than this sub15 section. 

16 ‘‘(B) A stipend in an amount equal to the 

17 equivalent of 55 percent of the appropriately reduced 

18 amount of the yearly stipend for books, supplies, 

19 equipment, and other educational costs otherwise 

20 payable to the individual under subsection (c). 

21 ‘‘(3) Payment of the amounts payable under para22 graph (2) for pursuit of a program of education by cor23 respondence shall be made quarterly on a pro rata basis 

24 for the lessons completed by the individual and serviced 

25 by the institution involved. 


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

2 methods prescribed under subsection (d)(4)) for which 

3 amounts are paid an individual under this subsection, the 

4 entitlement of the individual to educational assistance 

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

6 month for each such month. 

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

8 is payable under this chapter for a program of education 

9 consisting of flight training as follows: 

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

11 section 3860A(b) of this title. 

12 ‘‘(B) Flight training meeting the requirements 

13 of section 3034(d) of this title. 

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

15 this title shall apply with respect to the availability of edu16 cational assistance under this chapter for pursuit of flight 

17 training covered by paragraph (1). 

18 ‘‘(3) The educational assistance payable under this 

19 chapter to an individual for pursuit of a program of edu20 cation consisting of flight training covered by paragraph 

21 (1) is the amounts as follows: 

22 ‘‘(A) The amount equal to the lesser of— 

23 ‘‘(i) the established charge which similarly 

24 circumstances nonveterans enrolled in the pro25 gram would be required to pay; or 


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1 ‘‘(ii) the maximum amount that would be 

2 payable to the individual for the program of 

3 education under paragraph (1)(A) of subsection 

4 (c), or under the provisions of paragraphs (2) 

5 through (7) of subsection (c) applicable to the 

6 individual, for the program of education if the 

7 individual were entitled to amounts for the pro8 gram of education under subsection (c) rather 

9 than this subsection. 

10 ‘‘(B) A housing stipend in an amount equal to 

11 the amount of the appropriately reduced amount of 

12 monthly stipend for housing otherwise payable to the 

13 individual under subsection (c). 

14 ‘‘(C) A monthly stipend in an amount equal to 

15 the monthly equivalent of the appropriately reduced 

16 amount of the yearly stipend for books, supplies, 

17 equipment, and other educational costs otherwise 

18 payable to the individual under subsection (c). 

19 ‘‘(4) The nature and amount of the tuition, fees, and 

20 other expenses constituting the established charge for a 

21 program of flight training under this subsection shall be 

22 determined in accordance with regulations prescribed by 

23 the Secretary. 


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1 ‘‘(5) Payment of the amounts payable under para2 graph (3) for pursuit of a program of flight training shall 

3 be made on a monthly basis. 

4 ‘‘(6) For each month for which amounts are paid an 

5 individual under this subsection, the entitlement of the in6 dividual to educational assistance under this chapter shall 

7 be charged at the rate of one month for each such month. 

8 ‘‘(j) PAYMENT OF CERTAIN AMOUNTS BY VOUCH9 ER.—Amounts payable under subsections (c)(1)(A), 

10 (e)(2)(A), (f)(2)(A), (g)(2)(A), (h)(2)(A), and (i)(3)(A) 

11 shall be paid to the individual concerned in the form of 

12 a voucher, or other form of credit specified by the Sec13 retary for purposes of this subsection, that is redeemable 

14 by the educational institution concerned in such manner 

15 as the Secretary shall prescribe. 

16 ‘‘(k) ESTABLISHED CHARGES DEFINED.—(1) In sub17 sections (c), (e), and (f), the term ‘established charges’, 

18 in the case of a program of education, means the actual 

19 charges (as determined pursuant to regulations prescribed 

20 by the Secretary) for tuition and fees which similarly 

21 circumstanced nonveterans enrolled in the program of 

22 education would be required to pay. 

23 ‘‘(2) Established charges shall be determined for pur24 poses of this subsection on the following basis: 


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

2 program of education offered on a term, quarter, or 

3 semester basis, the tuition and fees charged the indi4 vidual for the term, quarter, or semester. 

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

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

7 or semester basis, the tuition and fees charged the 

8 individual for the entire program of education. 

9 ‘‘§ 3314. Tutorial assistance 

10 ‘‘(a) IN GENERAL.—Subject to subsection (b), an in11 dividual entitled to educational assistance under this chap12 ter shall also be entitled to benefits provided an eligible 

13 veteran under section 3492 of this title. 

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

15 under subsection (a) shall be subject to the conditions ap16 plicable to an eligible veteran under section 3492 of this 

17 title. 

18 ‘‘(2) In addition to the conditions specified in para19 graph (1), benefits may not be provided to an individual 

20 under subsection (a) unless the professor or other indi21 vidual teaching, leading, or giving the course for which 

22 such benefits are provided certifies that— 

23 ‘‘(A) such benefits are essential to correct a de24 ficiency of the individual in such course; and 


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

2 prerequisite or indispensable to the satisfactory pur3 suit of, an approved program of education. 

4 ‘‘(c) AMOUNT.—(1) The amount of benefits described 

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

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

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

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

9 subsection is in addition to the amounts of educational as10 sistance paid the individual under section 3313 of this 

11 title. 

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

13 benefits provided an individual under subsection (a) are 

14 in addition to any other educational assistance benefits 

15 provided the individual under this chapter. 

16 ‘‘§ 3315. Licensure and certification tests 

17 ‘‘(a) IN GENERAL.—An individual entitled to edu18 cational assistance under this chapter shall also be entitled 

19 to payment for one licensing or certification test described 

20 in section 3452(b) of this title. 

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

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

23 may not exceed the lesser of— 

24 ‘‘(1) $2,000; or 

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


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

2 amount paid an individual under subsection (a) is in addi3 tion to any other educational assistance benefits provided 

4 the individual under this chapter. 

5 ‘‘§ 3316. Supplemental educational assistance for ad6 ditional service 

7 ‘‘(a) IN GENERAL.—Under such regulations as the 

8 Secretary of Defense shall prescribe, an individual entitled 

9 to educational assistance under this chapter shall be eligi10 ble for supplemental educational assistance for additional 

11 service as authorized by the provisions of subchapter III 

12 of chapter 30 of this title. 

13 ‘‘(b) ADMINISTRATION.—The qualification for entitle14 ment, amount, and payment of supplemental educational 

15 assistance under this section shall be in accordance with 

16 the provisions of subchapter III of chapter 30 of this title, 

17 except that any reference in such provisions to eligibility 

18 for basic educational assistance under a provision of sub19 chapter II of chapter 30 of this title shall be treated as 

20 a reference to eligibility for educational assistance under 

21 the appropriate provision of this chapter. 

22 ‘‘§ 3317. Public-private contributions for additional 

23 educational assistance 

24 ‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances 

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1 tion 3313(c)(1)(A) does not cover the full cost of estab2 lished charges (as specified in section 3313 of this title), 

3 the Secretary shall carry out a program under which col4 leges and universities can, voluntarily, enter into an agree5 ment with the Secretary to cover a portion of those estab6 lished charges not otherwise covered under section 

7 3313(c)(1)(A), which contributions shall be matched by 

8 equivalent contributions toward such costs by the Sec9 retary. The program shall only apply to covered individ10 uals described in paragraphs (1) and (2) of section 

11 3311(b). 

12 ‘‘(b) DESIGNATION OF PROGRAM.—The program 

13 under this section shall be known as the ‘Yellow Ribbon 

14 G.I. Education Enhancement Program’. 

15 ‘‘(c) AGREEMENTS.—The Secretary shall enter into 

16 an agreement with each college or university seeking to 

17 participate in the program under this section. Each agree18 ment shall specify the following: 

19 ‘‘(1) The manner (whether by direct grant, 

20 scholarship, or otherwise) of the contributions to be 

21 made by the college or university concerned. 

22 ‘‘(2) The maximum amount of the contribution 

23 to be made by the college or university concerned 

24 with respect to any particular individual in any given 

25 academic year. 


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1 ‘‘(3) The maximum number of individuals for 

2 whom the college or university concerned will make 

3 contributions in any given academic year. 

4 ‘‘(4) Such other matters as the Secretary and 

5 the college or university concerned jointly consider 

6 appropriate. 

7 ‘‘(d) MATCHING CONTRIBUTIONS.—(1) In instances 

8 where the educational assistance provided an individual 

9 under section 3313(c)(1)(A) of this title does not cover 

10 the full cost of tuition and mandatory fees at a college 

11 or university, the Secretary shall provide up to 50 percent 

12 of the remaining costs for tuition and mandatory fees if 

13 the college or university voluntarily enters into an agree14 ment with the Secretary to match an equal percentage of 

15 any of the remaining costs for such tuition and fees. 

16 ‘‘(2) Amounts available to the Secretary under sec17 tion 3324(b) of this title for payment of the costs of this 

18 chapter shall be available to the Secretary for purposes 

19 of paragraph (1). 

20 ‘‘(e) OUTREACH.—The Secretary shall make available 

21 on the Internet website of the Department available to the 

22 public a current list of the colleges and universities partici23 pating in the program under this section. The list shall 

24 specify, for each college or university so listed, appropriate 


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1 information on the agreement between the Secretary and 

2 such college or university under subsection (c). 

3 ‘‘SUBCHAPTER III—ADMINISTRATIVE 

4 PROVISIONS 

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

6 entitlement 

7 ‘‘(a) IN GENERAL.—Except as provided in this sec8 tion, the period during which an individual entitled to edu9 cational assistance under this chapter may use such indi10 vidual’s entitlement expires at the end of the 15-year pe11 riod beginning on the date of such individual’s last dis12 charge 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 section 

9 3311(b)(2) 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, entitlement under that chap18 ter; 

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, entitlement under the 

23 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 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, but has not 

6 used any entitlement under such chapter; 

7 (v) is a member of the Armed Forces 

8 who is eligible for receipt of basic edu9 cational assistance under chapter 30 of 

10 title 38, United States Code, and is mak11 ing contributions toward such assistance 

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

13 title; or 

14 (vi) is a member of the Armed Forces 

15 who is not entitled to basic educational as16 sistance under chapter 30 of title 38, 

17 United States Code, by reason of an elec18 tion under section 3011(c)(1) or 

19 3012(d)(1) of such title; and 

20 (B) as of the date of the individual’s elec21 tion under this paragraph, meets the require22 ments for entitlement to educational assistance 

23 under chapter 33 of title 38, United States 

24 Code (as so added). 


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1 (2) ELECTION ON TREATMENT OF TRANS2 FERRED ENTITLEMENT.— 

3 (A) ELECTION.—If, on the date an indi4 vidual described in subparagraph (A)(i) or 

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

6 under that paragraph, a transfer of the entitle7 ment of the individual to basic educational as8 sistance under section 3020 of title 38, United 

9 States Code, is in effect and a number of 

10 months of the entitlement so transferred remain 

11 unutilized, the individual may elect to revoke all 

12 or a portion of the entitlement so transferred 

13 that remains unutilized. 

14 (B) AVAILABILITY OF REVOKED ENTITLE15 MENT.—Any entitlement revoked by an indi16 vidual under this paragraph shall no longer be 

17 available to the dependent to whom transferred, 

18 but shall be available to the individual instead 

19 for educational assistance under chapter 33 of 

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

21 provided in paragraph (3)(B). 

22 (C) AVAILABILITY OF UNREVOKED ENTI23 TLEMENT.—Any entitlement described in sub24 paragraph (A) that is not revoked by an indi25 vidual in accordance with that subparagraph 


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1 shall remain available to the dependent or de2 pendents concerned in accordance with the cur3 rent transfer of such entitlement under section 

4 3020 of title 38, United States Code. 

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

6 (A) IN GENERAL.—Subject to subpara7 graph (B), an individual making an election 

8 under paragraph (1) shall be entitled to edu9 cational assistance under chapter 33 of title 38, 

10 United States Code (as so added), in accord11 ance with the provisions of such chapter, in12 stead of basic educational assistance under 

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

14 educational assistance under chapter 107, 

15 1606, or 1607 of title 10, United States Code, 

16 as applicable. 

17 (B) LIMITATION ON ENTITLEMENT FOR

18 CERTAIN INDIVIDUALS.—In the case of an indi19 vidual making an election under paragraph (1) 

20 who is described by subparagraph (A)(i) of that 

21 paragraph, the number of months of entitle22 ment of such individual to educational assist23 ance under chapter 33 of title 38, United 

24 States Code (as so added), shall be the number 

25 of months equal to the number of months of 


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1 unused entitlement of such individual under 

2 chapter 30 of title 38, United States Code, as 

3 of the date of the election, including any num4 ber of months entitlement revoked by the indi5 vidual under paragraph (2)(A). 

6 (4) CONTINUING EDUCATIONAL ASSISTANCE

7 UNDER MONTGOMERY GI BILL.— 

8 (A) IN GENERAL.—If the aggregate 

9 amount of entitlement to educational assistance 

10 under chapter 33 of title 38, United States 

11 Code (as so added), accumulated by an indi12 vidual described in subparagraph (A)(i) or 

13 (A)(ii) of paragraph (1) who makes an election 

14 under that paragraph is less than 36 months, 

15 the individual shall retain, and may utilize, any 

16 unutilized entitlement of the individual to edu17 cational assistance under chapter 30 of title 38, 

18 United States Code, or chapter 107, 1606, or 

19 1607 of title 10, United States Code, as appli20 cable, for a number of months equal to the less21 er of— 

22 (i) 36 months minus the number of 

23 months of entitlement so accumulated by 

24 the individual; or 


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1 (ii) the number of months of such un2 utilized entitlement of the individual. 

3 (B) UTILIZATION OF RETAINED ENTITLE4 MENT.—The utilization of entitlement retained 

5 by an individual under this paragraph shall be 

6 governed by the provisions of chapter 30 of title 

7 38, United States Code, or chapter 107, 1606, 

8 or 1607 of title 10, United States Code, as ap9 plicable. 

10 (5) TREATMENT OF CONTRIBUTIONS TOWARD

11 BASIC EDUCATIONAL ASSISTANCE.— 

12 (A) REFUND OF CONTRIBUTIONS.—Except 

13 as provided in subparagraph (B), the Secretary 

14 of Veterans Affairs shall pay to each individual 

15 making an election under paragraph (1) who is 

16 described by clause (i), (iii), or (v) of subpara17 graph (A) of that paragraph an amount equal 

18 to the total amount of contributions made by 

19 such individual under subchapter II of chapter 

20 30 of title 38, United States Code, for basic 

21 educational assistance under that chapter, in22 cluding any contributions made under sub23 section (b) or (e) of section 3011 of such title 

24 or any contributions made under subsection (c) 

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


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1 (B) EXCEPTION.—In the case of an indi2 vidual described by subparagraph (A) who is 

3 entitled to basic educational assistance under 

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

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

6 to the individual under this paragraph shall be 

7 an amount equal to— 

8 (i) the amount otherwise payable to 

9 the individual under subparagraph (A), 

10 multiplied by 

11 (ii) a fraction— 

12 (I) the numerator of which is the 

13 number equal to the number of 

14 months of basic educational assistance 

15 under chapter 30 of title 38, United 

16 States Code, to which the individual is 

17 entitled by reason of paragraph 

18 (4)(A); and 

19 (II) the denominator of which is 

20 36. 

21 (C) CESSATION OF CONTRIBUTIONS.—Ef22 fective as of the first month beginning on or 

23 after the date of an election under paragraph 

24 (1) of an individual described by subparagraph 

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


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1 individual to make contributions under section 

2 3011(b) or 3012(c) of title 38, United States 

3 Code, as applicable, shall cease, and the re4 quirements of such section shall be deemed to 

5 be no longer applicable to such person. 

6 (6) TERMINATION OF ENTITLEMENT UNDER

7 MONTGOMERY GI BILL.—Except as otherwise pro8 vided in paragraph (4), effective on the last day of 

9 the month in which an individual makes an election 

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

11 individual to basic educational assistance under 

12 chapter 30 of title 38, United States Code, or edu13 cational assistance under chapter 107, 1606, or 

14 1607 of title 10, United States Code, as applicable, 

15 shall terminate. 

16 (7) IRREVOCABILITY OF ELECTIONS.—An elec17 tion under paragraph (1) or (2)(A) is irrevocable. 

Æ 


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