I 

110TH CONGRESS 

2D SESSION H. R. 5651 

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 

MARCH 14, 2008 

Mr. MITCHELL introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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 ‘‘Student Veterans’ Col5 lege Affordability Act of 2008’’. 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 5651 IH

1 SEC. 2. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE 

2 ARMED FORCES WHO SERVE AFTER SEP3 TEMBER 11, 2001. 

4 (a) EDUCATIONAL ASSISTANCE AUTHORIZED.— 

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

6 States Code, is amended by inserting after chapter 

7 32 the following new chapter: 

8 ‘‘CHAPTER 33—POST-9/11 EDUCATIONAL 

9 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. 

10 ‘‘SUBCHAPTER I—DEFINITIONS 

11 ‘‘§ 3301. Definitions 

12 ‘‘For purposes of this chapter: 

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

14 as follows (subject to the limitations specified in sec15 tions 3002(6) and 3311(b) of this title): 


hsrobinson on PROD1PC76 with BILLS
3 

•HR 5651 IH

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

2 components of the Armed Forces, the meaning 

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

4 title. 

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

6 components of the Armed Forces, service on ac7 tive duty under a call or order to active duty 

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

9 12301(g), 12302, or 12304 of title 10. 

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

11 means the following: 

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

13 Basic Combat Training and Advanced Indi14 vidual Training. 

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

16 Recruit Training (or Boot Camp) and Skill 

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

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

19 Force, Basic Military Training and Technical 

20 Training. 

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

22 Corps, Recruit Training and Marine Corps 

23 Training (or School of Infantry Training). 

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

25 Guard, Basic Training. 


hsrobinson on PROD1PC76 with BILLS
4 

•HR 5651 IH

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

2 ‘Secretary of Defense’ have the meaning given such 

3 terms in section 3002 of this title. 

4 ‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 

5 ‘‘§ 3311. Educational assistance for service in the 

6 Armed Forces commencing on or after 

7 September 11, 2001: entitlement 

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

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

10 to educational assistance under this chapter. 

11 ‘‘(b) COVERED INDIVIDUALS.—An individual de12 scribed in this subsection is any individual as follows: 

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

14 Reserve) who— 

15 ‘‘(A) commencing on or after September 

16 11, 2001, serves an aggregate of at least 36 

17 months on active duty in the Armed Forces (in18 cluding service on active duty in entry level and 

19 skill training); and 

20 ‘‘(B) after completion of service described 

21 in subparagraph (A)— 

22 ‘‘(i) continues on active duty; or 

23 ‘‘(ii) is discharged or released from 

24 active duty as described in subsection (c). 

25 ‘‘(2) An individual who— 


hsrobinson on PROD1PC76 with BILLS
5 

•HR 5651 IH

1 ‘‘(A) commencing on or after September 

2 11, 2001, serves at least 30 continuous days on 

3 active duty in the Armed Forces; and 

4 ‘‘(B) after completion of service described 

5 in subparagraph (A), is discharged or released 

6 from active duty in the Armed Forces for a 

7 service-connected disability. 

8 ‘‘(3) An individual who— 

9 ‘‘(A) commencing on or after September 

10 11, 2001, serves an aggregate of at least 30 

11 months, but less than 36 months, on active 

12 duty in the Armed Forces (including service on 

13 active duty in entry level and skill training); 

14 and 

15 ‘‘(B) after completion of service described 

16 in subparagraph (A)— 

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

18 aggregate of less than 36 months; or 

19 ‘‘(ii) before completion of service on 

20 active duty of an aggregate of 36 months, 

21 is discharged or released from active duty 

22 as described in subsection (c). 

23 ‘‘(4) An individual who— 

24 ‘‘(A) commencing on or after September 

25 11, 2001, serves an aggregate of at least 24 


hsrobinson on PROD1PC76 with BILLS
6 

•HR 5651 IH

1 months, but less than 30 months, on active 

2 duty in the Armed Forces (including service on 

3 active duty in entry level and skill training); 

4 and 

5 ‘‘(B) after completion of service described 

6 in subparagraph (A)— 

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

8 aggregate of less than 30 months; or 

9 ‘‘(ii) before completion of service on 

10 active duty of an aggregate of 30 months, 

11 is discharged or released from active duty 

12 as described in subsection (c). 

13 ‘‘(5) An individual who— 

14 ‘‘(A) commencing on or after September 

15 11, 2001, serves an aggregate of at least 18 

16 months, but less than 24 months, on active 

17 duty in the Armed Forces (excluding service on 

18 active duty in entry level and skill training); 

19 and 

20 ‘‘(B) after completion of service described 

21 in subparagraph (A)— 

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

23 aggregate of less than 24 months; or 

24 ‘‘(ii) before completion of service on 

25 active duty of an aggregate of 24 months, 


hsrobinson on PROD1PC76 with BILLS
7 

•HR 5651 IH

1 is discharged or released from active duty 

2 as described in subsection (c). 

3 ‘‘(6) An individual who— 

4 ‘‘(A) commencing on or after September 

5 11, 2001, serves an aggregate of at least 12 

6 months, but less than 18 months, on active 

7 duty in the Armed Forces (excluding service on 

8 active duty in entry level and skill training); 

9 and 

10 ‘‘(B) after completion of service described 

11 in subparagraph (A)— 

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

13 aggregate of less than 18 months; or 

14 ‘‘(ii) before completion of service on 

15 active duty of an aggregate of 18 months, 

16 is discharged or released from active duty 

17 as described in subsection (c). 

18 ‘‘(7) An individual who— 

19 ‘‘(A) commencing on or after September 

20 11, 2001, serves an aggregate of at least 6 

21 months, but less than 12 months, on active 

22 duty in the Armed Forces (excluding service on 

23 active duty in entry level and skill training); 

24 and 


hsrobinson on PROD1PC76 with BILLS
8 

•HR 5651 IH

1 ‘‘(B) after completion of service described 

2 in subparagraph (A)— 

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

4 aggregate of less than 12 months; or 

5 ‘‘(ii) before completion of service on 

6 active duty of an aggregate of 12 months, 

7 is discharged or released from active duty 

8 as described in subsection (c). 

9 ‘‘(8) An individual who— 

10 ‘‘(A) commencing on or after September 

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

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

13 the Armed Forces (excluding service on active 

14 duty in entry level and skill training); and 

15 ‘‘(B) after completion of service described 

16 in subparagraph (A)— 

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

18 aggregate of less than 6 months; or 

19 ‘‘(ii) before completion of service on 

20 active duty of an aggregate of 6 months, is 

21 discharged or released from active duty as 

22 described in subsection (c). 

23 ‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis24 charge or release from active duty of an individual deVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
9 

•HR 5651 IH

1 scribed in this subsection is a discharge or release as fol2 lows: 

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

4 Forces with an honorable discharge. 

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

6 the Armed Forces characterized by the Secretary 

7 concerned as honorable service and placement on the 

8 retired list, transfer to the Fleet Reserve or Fleet 

9 Marine Corps Reserve, or placement on the tem10 porary disability retired list. 

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

12 Forces for further service in a reserve component of 

13 the Armed Forces after service on active duty char14 acterized by the Secretary concerned as honorable 

15 service. 

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

17 the Armed Forces for— 

18 ‘‘(A) a medical condition which preexisted 

19 the service of the individual as described in the 

20 applicable paragraph of subsection (b) and 

21 which the Secretary determines is not service22 connected; 

23 ‘‘(B) hardship; or 

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

25 was not characterized as a disability and did 


hsrobinson on PROD1PC76 with BILLS
10 

•HR 5651 IH

1 not result from the individual’s own willful mis2 conduct but did interfere with the individual’s 

3 performance of duty, as determined by the Sec4 retary concerned in accordance with regulations 

5 prescribed by the Secretary of Defense. 

6 ‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN

7 SERVICE AS PERIOD OF ACTIVE DUTY.—The following 

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

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

10 to educational assistance under this chapter is based: 

11 ‘‘(1) A period of service on active duty of an of12 ficer pursuant to an agreement under section 

13 2107(b) of title 10. 

14 ‘‘(2) A period of service on active duty of an of15 ficer pursuant to an agreement under section 4348, 

16 6959, or 9348 of title 10. 

17 ‘‘(3) A period of service that is terminated be18 cause of a defective enlistment and induction based 

19 on— 

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

21 purposes of service in the Armed Forces; 

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

23 or 

24 ‘‘(C) a defective enlistment agreement. 


hsrobinson on PROD1PC76 with BILLS
11 

•HR 5651 IH

1 ‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED

2 UNDER MULTIPLE PROVISIONS.—In the event an indi3 vidual entitled to educational assistance under this chapter 

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

5 subsection (b), the individual shall be treated as being en6 titled to educational assistance under this chapter by rea7 son of paragraph (5) of such subsection. 

8 ‘‘§ 3312. Educational assistance: duration 

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

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

11 an individual entitled to educational assistance under this 

12 chapter is entitled to a number of months of educational 

13 assistance under section 3313 of this title equal to 36 

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

15 ‘‘(b) CONTINUING RECEIPT.—The receipt of edu16 cational assistance under section 3313 of this title by an 

17 individual entitled to educational assistance under this 

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

19 of this title. 

20 ‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE

21 DUTY.—(1) Any payment of educational assistance de22 scribed in paragraph (2) shall not— 

23 ‘‘(A) be charged against any entitlement to edu24 cational assistance of the individual concerned under 

25 this chapter; or 


hsrobinson on PROD1PC76 with BILLS
12 

•HR 5651 IH

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

2 for which section 3695 of this title limits the individ3 ual’s receipt of educational assistance under this 

4 chapter. 

5 ‘‘(2) Subject to paragraph (3), the payment of edu6 cational assistance described in this paragraph is the pay7 ment of such assistance to an individual for pursuit of a 

8 course or courses under this chapter if the Secretary finds 

9 that the individual— 

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

11 on active duty, had to discontinue such course pur12 suit as a result of being called or ordered to serve 

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

14 12301(d), 12301(g), 12302, or 12304 of title 10; or 

15 ‘‘(ii) in the case of an individual serving on ac16 tive duty, had to discontinue such course pursuit as 

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

18 assignment or to perform an increased amount of 

19 work; and 

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

21 time toward completion of the individual’s approved 

22 education, professional, or vocational objective as a 

23 result of having to discontinue, as described in sub24 paragraph (A), the individual’s course pursuit. 


hsrobinson on PROD1PC76 with BILLS
13 

•HR 5651 IH

1 ‘‘(3) The period for which, by reason of this sub2 section, educational assistance is not charged against enti3 tlement or counted toward the applicable aggregate period 

4 under section 3695 of this title shall not exceed the por5 tion of the period of enrollment in the course or courses 

6 from which the individual failed to receive credit or with 

7 respect to which the individual lost training time, as deter8 mined under paragraph (2)(B). 

9 ‘‘§ 3313. Educational assistance: amount; payment 

10 ‘‘(a) PAYMENT.—The Secretary shall pay to each in11 dividual entitled to educational assistance under this chap12 ter who is pursuing an approved program of education 

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

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

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

16 other educational costs for pursuit of such program of 

17 education. 

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

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

20 education is an approved program of education for pur21 poses of this chapter if the program of education is ap22 proved for purposes of chapter 30 of this title. 

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

24 amounts payable under this subsection for pursuit of an 

25 approved program of education are amounts as follows: 


hsrobinson on PROD1PC76 with BILLS
14 

•HR 5651 IH

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

2 educational assistance under this chapter by reason 

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

4 amounts as follows: 

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

6 charges for the program of education, except 

7 that the amount payable under this subpara8 graph may not exceed the maximum amount of 

9 established charges regularly charged in-State 

10 students for full-time pursuit of programs of 

11 education by the public institution of higher 

12 education in the State in which the individual 

13 is enrolled that has the highest rate of regu14 larly-charged established charges for programs 

15 of education among all public institutions of 

16 higher education in such State. 

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

18 amount equal to the monthly amount of the 

19 basic allowance for housing payable under sec20 tion 403 of title 37 for a member with depend21 ents in pay grade E–5 residing in the military 

22 housing area that encompasses all or the major23 ity portion of the ZIP code area in which is lo24 cated the institution of higher education at 

25 which the individual is enrolled. 


hsrobinson on PROD1PC76 with BILLS
15 

•HR 5651 IH

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

2 equipment, and other educational costs in the 

3 amount of $1,000. 

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

5 educational assistance under this chapter by reason 

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

7 90 percent of the amounts that would be payable to 

8 the individual under paragraph (1) for the program 

9 of education if the individual were entitled to 

10 amounts for the program of education under para11 graph (1) rather than this paragraph. 

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

13 educational assistance under this chapter by reason 

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

15 80 percent of the amounts that would be payable to 

16 the individual under paragraph (1) for the program 

17 of education if the individual were entitled to 

18 amounts for the program of education under para19 graph (1) rather than this paragraph. 

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

21 educational assistance under this chapter by reason 

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

23 70 percent of the amounts that would be payable to 

24 the individual under paragraph (1) for the program 

25 of education if the individual were entitled to 


hsrobinson on PROD1PC76 with BILLS
16 

•HR 5651 IH

1 amounts for the program of education under para2 graph (1) rather than this paragraph. 

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

4 educational assistance under this chapter by reason 

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

6 60 percent of the amounts that would be payable to 

7 the individual under paragraph (1) for the program 

8 of education if the individual were entitled to 

9 amounts for the program of education under para10 graph (1) rather than this paragraph. 

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

12 educational assistance under this chapter by reason 

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

14 50 percent of the amounts that would be payable to 

15 the individual under paragraph (1) for the program 

16 of education if the individual were entitled to 

17 amounts for the program of education under para18 graph (1) rather than this paragraph. 

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

20 educational assistance under this chapter by reason 

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

22 40 percent of the amounts that would be payable to 

23 the individual under paragraph (1) for the program 

24 of education if the individual were entitled to 


hsrobinson on PROD1PC76 with BILLS
17 

•HR 5651 IH

1 amounts for the program of education under para2 graph (1) rather than this paragraph. 

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

4 amounts payable under subsection (c)(1)(A), and of simi5 lar amounts payable under paragraphs (2) through (7) of 

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

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

8 semester, or term, as applicable, of the program of edu9 cation before the commencement of such quarter, semes10 ter, or term. 

11 ‘‘(2) Payment of the amount payable under sub12 section (c)(1)(B), and of similar amounts payable under 

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

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

15 basis. 

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

17 and similar amounts payable under paragraphs (2) 

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

19 of education shall be payable in equal installments for the 

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

21 year concerned. Payment of such amounts shall be made 

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

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

24 before the commencement of such quarter, semester, or 

25 term. 


hsrobinson on PROD1PC76 with BILLS
18 

•HR 5651 IH

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

2 methods for determining the number of months (including 

3 fractions thereof) of entitlement of an individual to edu4 cational assistance this chapter that are chargeable under 

5 this chapter for an advance payment of amounts under 

6 paragraphs (1) and (3) for pursuit of a program of edu7 cation on a quarter, semester, term, or other basis. 

8 ‘‘(e) PROGRAMS OF EDUCATION PURSUED ON AC9 TIVE DUTY.—(1) Educational assistance is payable under 

10 this chapter for pursuit of an approved program of edu11 cation while on active duty. 

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

13 under this chapter to an individual pursuing a program 

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

15 ‘‘(A) the established charges which similarly 

16 circumstanced nonveterans enrolled in the program 

17 of education involved would be required to pay; or 

18 ‘‘(B) the amount of the charges of the edu19 cational institution as elected by the individual in 

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

21 title. 

22 ‘‘(3) Payment of the amount payable under para23 graph (2) for pursuit of a program of education shall be 

24 made in a lump-sum amount for the entire quarter, semes25 ter, or term, as applicable, of the program of education 


hsrobinson on PROD1PC76 with BILLS
19 

•HR 5651 IH

1 before the commencement of such quarter, semester, or 

2 term. 

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

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

5 amounts are paid an individual under this subsection, the 

6 entitlement of the individual to educational assistance 

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

8 month for each such month. 

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

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

11 payable under this chapter for pursuit of an approved pro12 gram of education on less than half-time basis. 

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

14 chapter to an individual pursuing a program of education 

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

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

17 ‘‘(i) the established charges which similarly 

18 circumstanced nonveterans enrolled in the pro19 gram of education involved would be required to 

20 pay; or 

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

22 payable to the individual for the program of 

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

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

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


hsrobinson on PROD1PC76 with BILLS
20 

•HR 5651 IH

1 individual, for the program of education if the 

2 individual were entitled to amounts for the pro3 gram of education under subsection (c) rather 

4 than this subsection. 

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

6 the amount of the appropriately reduced amount of 

7 monthly stipend for housing otherwise payable to the 

8 individual under subsection (c). 

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

10 amount of the appropriately reduced amount of the 

11 yearly stipend for books, supplies, equipment, and 

12 other educational costs otherwise payable to the indi13 vidual under subsection (c). 

14 ‘‘(3)(A) Payment of the amounts payable to an indi15 vidual under subparagraphs (A) and (C) of paragraph (2) 

16 for pursuit of a program of education on less than half17 time basis shall be made in a lump-sum, and shall be made 

18 not later than the last day of the month immediately fol19 lowing the month in which certification is received from 

20 the educational institution involved that the individual has 

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

22 institution. 

23 ‘‘(B) Payments of the amounts payable to an indi24 vidual under subparagraph (B) of paragraph (2) shall be 

25 made on a monthly basis. 


hsrobinson on PROD1PC76 with BILLS
21 

•HR 5651 IH

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 a percentage of a 

6 month equal to— 

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

8 individual in pursuit of the program of education in9 volved, divided by 

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

11 pursuit of such program of education. 

12 ‘‘(g) APPRENTICESHIP OR OTHER ON-JOB TRAIN13 ING.—(1) Educational assistance is payable under this 

14 chapter for full-time pursuit of a program of apprentice15 ship or other on-job training described in paragraphs (1) 

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

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

18 chapter to an individual for pursuit of a program of ap19 prenticeship or training referred to in paragraph (1) is 

20 the amounts as follows: 

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

22 ‘‘(i) the established charge which similarly 

23 circumstances nonveterans enrolled in the pro24 gram would be required to pay; or 


hsrobinson on PROD1PC76 with BILLS
22 

•HR 5651 IH

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 stipend in an amount equal to the 

15 amount of the appropriately reduced amount of the 

16 yearly stipend for books, supplies, equipment, and 

17 other educational costs otherwise payable to the indi18 vidual under subsection (c). 

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

20 other expenses constituting the established charge for a 

21 program of apprenticeship or training under this sub22 section shall be determined in accordance with regulations 

23 prescribed by the Secretary. 

24 ‘‘(4)(A) Payment of the amounts payable under sub25 paragraphs (A) and (C) of paragraph (2) for pursuit of 


hsrobinson on PROD1PC76 with BILLS
23 

•HR 5651 IH

1 a program of apprenticeship or training shall be made, 

2 at the election of the Secretary— 

3 ‘‘(i) in a lump sum for such period of the pro4 gram as the Secretary shall determine before the 

5 commencement of such period of the program; or 

6 ‘‘(ii) on a monthly basis. 

7 ‘‘(B) Payments of the amounts payable under sub8 paragraph (B) of paragraph (2) shall be made on a 

9 monthly basis. 

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

11 methods prescribed under subsection (d)(4)) 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 ‘‘(h) PROGRAMS OF EDUCATION BY CORRESPOND17 ENCE.—(1) Educational assistance is payable under this 

18 chapter for pursuit of a program of education exclusively 

19 by correspondence. 

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

21 chapter to an individual who is pursuing a program of 

22 education exclusively by correspondence is the amounts as 

23 follows: 

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

25 that would be payable to the individual for the proVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
24 

•HR 5651 IH

1 gram of education under paragraph (1)(A) of sub2 section (c), or under the provisions of paragraphs 

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

4 individual, for the program of education if the indi5 vidual were entitled to amounts for the program of 

6 education under subsection (c) rather than this sub7 section. 

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

9 equivalent of 55 percent of the appropriately reduced 

10 amount of the yearly stipend for books, supplies, 

11 equipment, and other educational costs otherwise 

12 payable to the individual under subsection (c). 

13 ‘‘(3) Payment of the amounts payable under para14 graph (2) for pursuit of a program of education by cor15 respondence shall be made quarterly on a pro rata basis 

16 for the lessons completed by the individual and serviced 

17 by the institution involved. 

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

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

20 amounts are paid an individual under this subsection, the 

21 entitlement of the individual to educational assistance 

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

23 month for each such month. 


hsrobinson on PROD1PC76 with BILLS
25 

•HR 5651 IH

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

2 is payable under this chapter for a program of education 

3 consisting of flight training as follows: 

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

5 section 3860A(b) of this title. 

6 ‘‘(B) Flight training meeting the requirements 

7 of section 3034(d) of this title. 

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

9 this title shall apply with respect to the availability of edu10 cational assistance under this chapter for pursuit of flight 

11 training covered by paragraph (1). 

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

13 chapter to an individual for pursuit of a program of edu14 cation consisting of flight training covered by paragraph 

15 (1) is the amounts as follows: 

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

17 ‘‘(i) the established charge which similarly 

18 circumstances nonveterans enrolled in the pro19 gram would be required to pay; or 

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

21 payable to the individual for the program of 

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

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

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

25 individual, for the program of education if the 


hsrobinson on PROD1PC76 with BILLS
26 

•HR 5651 IH

1 individual were entitled to amounts for the pro2 gram of education under subsection (c) rather 

3 than this subsection. 

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

5 the amount of the appropriately reduced amount of 

6 monthly stipend for housing otherwise payable to the 

7 individual under subsection (c). 

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

9 the monthly equivalent of the appropriately reduced 

10 amount of the yearly stipend for books, supplies, 

11 equipment, and other educational costs otherwise 

12 payable to the individual under subsection (c). 

13 ‘‘(4) 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 ‘‘(5) 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 ‘‘(6) 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. 


hsrobinson on PROD1PC76 with BILLS
27 

•HR 5651 IH

1 ‘‘(j) PAYMENT OF CERTAIN AMOUNTS BY VOUCH2 ER.—Amounts payable under subsections (c)(1)(A), 

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

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

5 a voucher, or other form of credit specified by the Sec6 retary for purposes of this subsection, that is redeemable 

7 by the educational institution concerned in such manner 

8 as the Secretary shall prescribe. 

9 ‘‘(k) ESTABLISHED CHARGES DEFINED.—(1) In sub10 sections (c), (e), and (f), the term ‘established charges’, 

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

12 charges (as determined pursuant to regulations prescribed 

13 by the Secretary) for tuition and fees which similarly 

14 circumstanced nonveterans enrolled in the program of 

15 education would be required to pay. 

16 ‘‘(2) Established charges shall be determined for pur17 poses of this subsection on the following basis: 

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

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

20 semester basis, the tuition and fees charged the indi21 vidual for the term, quarter, or semester. 

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

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

24 or semester basis, the tuition and fees charged the 

25 individual for the entire program of education. 


hsrobinson on PROD1PC76 with BILLS
28 

•HR 5651 IH

1 ‘‘§ 3314. Tutorial assistance 

2 ‘‘(a) IN GENERAL.—Subject to subsection (b), an in3 dividual entitled to educational assistance under this chap4 ter shall also be entitled to benefits provided an eligible 

5 veteran under section 3492 of this title. 

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

7 under subsection (a) shall be subject to the conditions ap8 plicable to an eligible veteran under section 3492 of this 

9 title. 

10 ‘‘(2) In addition to the conditions specified in para11 graph (1), benefits may not be provided to an individual 

12 under subsection (a) unless the professor or other indi13 vidual teaching, leading, or giving the course for which 

14 such benefits are provided certifies that— 

15 ‘‘(A) such benefits are essential to correct a de16 ficiency of the individual in such course; and 

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

18 prerequisite or indispensable to the satisfactory pur19 suit of, an approved program of education. 

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

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

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

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

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

25 subsection is in addition to the amounts of educational asVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
29 

•HR 5651 IH

1 sistance paid the individual under section 3313 of this 

2 title. 

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

4 benefits provided an individual under subsection (a) are 

5 in addition to any other educational assistance benefits 

6 provided the individual under this chapter. 

7 ‘‘§ 3315. Licensure and certification tests 

8 ‘‘(a) IN GENERAL.—An individual entitled to edu9 cational assistance under this chapter shall also be entitled 

10 to payment for one licensing or certification test described 

11 in section 3452(b) of this title. 

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

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

14 may not exceed the lesser of— 

15 ‘‘(1) $2,000; or 

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

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

18 amount paid an individual under subsection (a) is in addi19 tion to any other educational assistance benefits provided 

20 the individual under this chapter. 

21 ‘‘§ 3316. Supplemental educational assistance for ad22 ditional service 

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

24 Secretary of Defense shall prescribe, an individual entitled 

25 to educational assistance under this chapter shall be eligiVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
30 

•HR 5651 IH

1 ble for supplemental educational assistance for additional 

2 service as authorized by the provisions of subchapter III 

3 of chapter 30 of this title. 

4 ‘‘(b) ADMINISTRATION.—The qualification for entitle5 ment, amount, and payment of supplemental educational 

6 assistance under this section shall be in accordance with 

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

8 except that any reference in such provisions to eligibility 

9 for basic educational assistance under a provision of sub10 chapter II of chapter 30 of this title shall be treated as 

11 a reference to eligibility for educational assistance under 

12 the appropriate provision of this chapter. 

13 ‘‘§ 3317. Public-private contributions for additional 

14 educational assistance 

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

16 where the educational assistance provided pursuant to sec17 tion 3313(c)(1)(A) does not cover the full cost of estab18 lished charges (as specified in section 3313 of this title), 

19 the Secretary shall carry out a program under which col20 leges and universities can, voluntarily, enter into an agree21 ment with the Secretary to cover a portion of those estab22 lished charges not otherwise covered under section 

23 3313(c)(1)(A), which contributions shall be matched by 

24 equivalent contributions toward such costs by the Sec25 retary. The program shall only apply to covered individVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
31 

•HR 5651 IH

1 uals described in paragraphs (1) and (2) of section 

2 3311(b). 

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

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

5 G.I. Education Enhancement Program’. 

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

7 an agreement with each college or university seeking to 

8 participate in the program under this section. Each agree9 ment shall specify the following: 

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

11 scholarship, or otherwise) of the contributions to be 

12 made by the college or university concerned. 

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

14 to be made by the college or university concerned 

15 with respect to any particular individual in any given 

16 academic year. 

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

18 whom the college or university concerned will make 

19 contributions in any given academic year. 

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

21 the college or university concerned jointly consider 

22 appropriate. 

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

24 where the educational assistance provided an individual 

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


hsrobinson on PROD1PC76 with BILLS
32 

•HR 5651 IH

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

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

3 of the remaining costs for tuition and mandatory fees if 

4 the college or university voluntarily enters into an agree5 ment with the Secretary to match an equal percentage of 

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

7 ‘‘(2) Amounts available to the Secretary under sec8 tion 3324(b) of this title for payment of the costs of this 

9 chapter shall be available to the Secretary for purposes 

10 of paragraph (1). 

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

12 on the Internet website of the Department available to the 

13 public a current list of the colleges and universities partici14 pating in the program under this section. The list shall 

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

16 information on the agreement between the Secretary and 

17 such college or university under subsection (c). 

18 ‘‘SUBCHAPTER III—ADMINISTRATIVE 

19 PROVISIONS 

20 ‘‘§ 3321. Time limitation for use of and eligibility for 

21 entitlement 

22 ‘‘(a) IN GENERAL.—Except as provided in this sec23 tion, the period during which an individual entitled to edu24 cational assistance under this chapter may use such indi25 vidual’s entitlement expires at the end of the 15-year peVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
33 

•HR 5651 IH

1 riod beginning on the date of such individual’s last dis2 charge or release from active duty. 

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

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

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

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

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

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

9 of this title. 

10 ‘‘(2) Section 3031(f) of this title shall apply with re11 spect to the termination of an individual’s entitlement to 

12 educational assistance under this chapter in the same 

13 manner as such section applies to the termination of an 

14 individual’s entitlement to educational assistance under 

15 chapter 30 of this title, except that, in the administration 

16 of such section for purposes of this chapter, the reference 

17 to section 3013 of this title shall be deemed to be a ref18 erence to 3312 of this title. 

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

20 last discharge or release from active duty shall not include 

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

22 less than 90 days of continuous service, unless the indi23 vidual is discharged or released as described in section 

24 3311(b)(2) of this title. 


hsrobinson on PROD1PC76 with BILLS
34 

•HR 5651 IH

1 ‘‘§ 3322. Bar to duplication of educational assistance 

2 benefits 

3 ‘‘(a) IN GENERAL.—An individual entitled to edu4 cational assistance under this chapter who is also eligible 

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

6 35 of this title, chapter 107, 1606, or 1607 of title 10, 

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

8 Law 96–449; 5 U.S.C. 5561 note) may not receive assist9 ance under two or more such programs concurrently, but 

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

11 prescribe) under which chapter or provisions to receive 

12 educational assistance. 

13 ‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER

14 EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period 

15 of service counted for purposes of repayment of an edu16 cation loan under chapter 109 of title 10 may not be 

17 counted as a period of service for entitlement to edu18 cational assistance under this chapter. 

19 ‘‘(c) SERVICE IN SELECTED RESERVE.—An indi20 vidual who serves in the Selected Reserve may receive 

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

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

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

24 Secretary may prescribe) under which chapter such service 

25 is to be credited. 


hsrobinson on PROD1PC76 with BILLS
35 

•HR 5651 IH

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

2 case of an individual entitled to educational assistance 

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

4 1606, or 1607 of title 10, or the provisions of the Hostage 

5 Relief Act of 1980, or making contributions toward enti6 tlement to educational assistance under chapter 30 of this 

7 title, as of the date of the enactment of the Post-9/11 Vet8 erans Educational Assistance Act of 2007, coordination 

9 of entitlement to educational assistance under this chap10 ter, on the one hand, and such chapters or provisions, on 

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

12 3(c) of the Post-9/11 Veterans Educational Assistance Act 

13 of 2007. 

14 ‘‘§ 3323. Administration 

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

16 in this chapter, the provisions specified in section 

17 3034(a)(1) of this title shall apply to the provision of edu18 cational assistance under this chapter. 

19 ‘‘(2) In applying the provisions referred to in para20 graph (1) to an individual entitled to educational assist21 ance under this chapter for purposes of this section, the 

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

23 shall be deemed to refer to an individual entitled to edu24 cational assistance under this chapter. 


hsrobinson on PROD1PC76 with BILLS
36 

•HR 5651 IH

1 ‘‘(3) In applying section 3474 of this title to an indi2 vidual entitled to educational assistance under this chapter 

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

4 3474 to the term ‘educational assistance allowance’ shall 

5 be deemed to refer to educational assistance payable under 

6 section 3313 of this title. 

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

8 individual entitled to educational assistance under this 

9 chapter for purposes of this section— 

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

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

12 be deemed to refer to educational assistance payable 

13 under section 3313 of this title; and 

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

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

16 ended with ‘equipment’. 

17 ‘‘(b) INFORMATION ON BENEFITS.—(1) The Sec18 retary of Veterans Affairs shall provide the information 

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

20 Forces at such times as the Secretary of Veterans Affairs 

21 and the Secretary of Defense shall jointly prescribe in reg22 ulations. 

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

24 information on benefits, limitations, procedures, eligibility 

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


hsrobinson on PROD1PC76 with BILLS
37 

•HR 5651 IH

1 and other important aspects of educational assistance 

2 under this chapter, including application forms for such 

3 assistance under section 5102 of this title. 

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

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

6 other educational materials on educational assistance 

7 under this chapter, to educational institutions, training es8 tablishments, military education personnel, and such other 

9 persons and entities as the Secretary considers appro10 priate. 

11 ‘‘(c) REGULATIONS.—(1) The Secretary shall pre12 scribe regulations for the administration of this chapter. 

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

14 Defense for purposes of this chapter shall apply uniformly 

15 across the Armed Forces. 

16 ‘‘§ 3324. Allocation of administration and costs 

17 ‘‘(a) ADMINISTRATION.—Except as otherwise pro18 vided in this chapter, the Secretary shall administer the 

19 provision of educational assistance under this chapter. 

20 ‘‘(b) COSTS.—Payments for entitlement to edu21 cational assistance earned under this chapter shall be 

22 made from funds appropriated to, or otherwise made avail23 able to, the Department of Veterans Affairs for the pay24 ment of readjustment benefits.’’. 


hsrobinson on PROD1PC76 with BILLS
38 

•HR 5651 IH

1 (2) CLERICAL AMENDMENTS.—The tables of 

2 chapters at the beginning of title 38, United States 

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

4 are each amended by inserting after the item relat5 ing to chapter 32 the following new item: 

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

6 (b) CONFORMING AMENDMENTS.— 

7 (1) AMENDMENTS RELATING TO DUPLICATION

8 OF BENEFITS.— 

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

10 Code, is amended— 

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

12 ‘‘33,’’ after ‘‘32,’’; and 

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

14 ‘‘both the program established by this 

15 chapter and the program established by 

16 chapter 106 of title 10’’ and inserting ‘‘two 

17 or more of the programs established by 

18 this chapter, chapter 33 of this title, and 

19 chapters 1606 and 1607 of title 10’’. 

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

21 such title is amended to read as follows: 

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

23 this title.’’. 


hsrobinson on PROD1PC76 with BILLS
39 

•HR 5651 IH

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

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

3 after ‘‘32,’’. 

4 (2) ADDITIONAL CONFORMING AMENDMENTS.— 

5 (A) Title 38, United States Code, is fur6 ther amended by inserting ‘‘33,’’ after ‘‘32,’’ 

7 each place it appears in the following provi8 sions: 

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

10 section 3485. 

11 (ii) In section 3688(b). 

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

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

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

15 (v) In subsections (a) and (b) of sec16 tion 3692. 

17 (vi) In section 3697(a). 

18 (B) Section 3697A(b)(1) of such title is 

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

20 or 33’’. 

21 (c) APPLICABILITY TO INDIVIDUALS UNDER MONT22 GOMERY GI BILL PROGRAM.— 

23 (1) INDIVIDUALS ELIGIBLE TO ELECT PARTICI24 PATION IN POST-9/11 EDUCATIONAL ASSISTANCE.— 

25 An individual may elect to receive educational assistVerDate Aug 31 2005 03:30 Mar 18, 2008 Jkt 069200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
40 

•HR 5651 IH

1 ance under chapter 33 of title 38, United States 

2 Code (as added by subsection (a)), if such indi3 vidual— 

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

5 Act— 

6 (i) is entitled to basic educational as7 sistance under chapter 30 of title 38, 

8 United States Code, and has used, but re9 tains unused, entitlement under that chap10 ter; 

11 (ii) is entitled to educational assist12 ance under chapter 107, 1606, or 1607 of 

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

14 but retains unused, entitlement under the 

15 applicable chapter; 

16 (iii) is entitled to basic educational as17 sistance under chapter 30 of title 38, 

18 United States Code, but has not used any 

19 entitlement under that chapter; 

20 (iv) is entitled to educational assist21 ance under chapter 107, 1606, or 1607 of 

22 title 10, United States Code, but has not 

23 used any entitlement under such chapter; 

24 (v) is a member of the Armed Forces 

25 who is eligible for receipt of basic eduVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
41 

•HR 5651 IH

1 cational assistance under chapter 30 of 

2 title 38, United States Code, and is mak3 ing contributions toward such assistance 

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

5 title; or 

6 (vi) is a member of the Armed Forces 

7 who is not entitled to basic educational as8 sistance under chapter 30 of title 38, 

9 United States Code, by reason of an elec10 tion under section 3011(c)(1) or 

11 3012(d)(1) of such title; and 

12 (B) as of the date of the individual’s elec13 tion under this paragraph, meets the require14 ments for entitlement to educational assistance 

15 under chapter 33 of title 38, United States 

16 Code (as so added). 

17 (2) ELECTION ON TREATMENT OF TRANS18 FERRED ENTITLEMENT.— 

19 (A) ELECTION.—If, on the date an indi20 vidual described in subparagraph (A)(i) or 

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

22 under that paragraph, a transfer of the entitle23 ment of the individual to basic educational as24 sistance under section 3020 of title 38, United 

25 States Code, is in effect and a number of 


hsrobinson on PROD1PC76 with BILLS
42 

•HR 5651 IH

1 months of the entitlement so transferred remain 

2 unutilized, the individual may elect to revoke all 

3 or a portion of the entitlement so transferred 

4 that remains unutilized. 

5 (B) AVAILABILITY OF REVOKED ENTITLE6 MENT.—Any entitlement revoked by an indi7 vidual under this paragraph shall no longer be 

8 available to the dependent to whom transferred, 

9 but shall be available to the individual instead 

10 for educational assistance under chapter 33 of 

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

12 provided in paragraph (3)(B). 

13 (C) AVAILABILITY OF UNREVOKED ENTI14 TLEMENT.—Any entitlement described in sub15 paragraph (A) that is not revoked by an indi16 vidual in accordance with that subparagraph 

17 shall remain available to the dependent or de18 pendents concerned in accordance with the cur19 rent transfer of such entitlement under section 

20 3020 of title 38, United States Code. 

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

22 (A) IN GENERAL.—Subject to subpara23 graph (B), an individual making an election 

24 under paragraph (1) shall be entitled to edu25 cational assistance under chapter 33 of title 38, 


hsrobinson on PROD1PC76 with BILLS
43 

•HR 5651 IH

1 United States Code (as so added), in accord2 ance with the provisions of such chapter, in3 stead of basic educational assistance under 

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

5 educational assistance under chapter 107, 

6 1606, or 1607 of title 10, United States Code, 

7 as applicable. 

8 (B) LIMITATION ON ENTITLEMENT FOR

9 CERTAIN INDIVIDUALS.—In the case of an indi10 vidual making an election under paragraph (1) 

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

12 paragraph, the number of months of entitle13 ment of such individual to educational assist14 ance under chapter 33 of title 38, United 

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

16 of months equal to the number of months of 

17 unused entitlement of such individual under 

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

19 of the date of the election, including any num20 ber of months entitlement revoked by the indi21 vidual under paragraph (2)(A). 

22 (4) CONTINUING EDUCATIONAL ASSISTANCE

23 UNDER MONTGOMERY GI BILL.— 

24 (A) IN GENERAL.—If the aggregate 

25 amount of entitlement to educational assistance 


hsrobinson on PROD1PC76 with BILLS
44 

•HR 5651 IH

1 under chapter 33 of title 38, United States 

2 Code (as so added), accumulated by an indi3 vidual described in subparagraph (A)(i) or 

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

5 under that paragraph is less than 36 months, 

6 the individual shall retain, and may utilize, any 

7 unutilized entitlement of the individual to edu8 cational assistance under chapter 30 of title 38, 

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

10 1607 of title 10, United States Code, as appli11 cable, for a number of months equal to the less12 er of— 

13 (i) 36 months minus the number of 

14 months of entitlement so accumulated by 

15 the individual; or 

16 (ii) the number of months of such un17 utilized entitlement of the individual. 

18 (B) UTILIZATION OF RETAINED ENTITLE19 MENT.—The utilization of entitlement retained 

20 by an individual under this paragraph shall be 

21 governed by the provisions of chapter 30 of title 

22 38, United States Code, or chapter 107, 1606, 

23 or 1607 of title 10, United States Code, as ap24 plicable. 


hsrobinson on PROD1PC76 with BILLS
45 

•HR 5651 IH

1 (5) TREATMENT OF CONTRIBUTIONS TOWARD

2 BASIC EDUCATIONAL ASSISTANCE.— 

3 (A) REFUND OF CONTRIBUTIONS.—Except 

4 as provided in subparagraph (B), the Secretary 

5 of Veterans Affairs shall pay to each individual 

6 making an election under paragraph (1) who is 

7 described by clause (i), (iii), or (v) of subpara8 graph (A) of that paragraph an amount equal 

9 to the total amount of contributions made by 

10 such individual under subchapter II of chapter 

11 30 of title 38, United States Code, for basic 

12 educational assistance under that chapter, in13 cluding any contributions made under sub14 section (b) or (e) of section 3011 of such title 

15 or any contributions made under subsection (c) 

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

17 (B) EXCEPTION.—In the case of an indi18 vidual described by subparagraph (A) who is 

19 entitled to basic educational assistance under 

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

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

22 to the individual under this paragraph shall be 

23 an amount equal to— 


hsrobinson on PROD1PC76 with BILLS
46 

•HR 5651 IH

1 (i) the amount otherwise payable to 

2 the individual under subparagraph (A), 

3 multiplied by 

4 (ii) a fraction— 

5 (I) the numerator of which is the 

6 number equal to the number of 

7 months of basic educational assistance 

8 under chapter 30 of title 38, United 

9 States Code, to which the individual is 

10 entitled by reason of paragraph 

11 (4)(A); and 

12 (II) the denominator of which is 

13 36. 

14 (C) CESSATION OF CONTRIBUTIONS.—Ef15 fective as of the first month beginning on or 

16 after the date of an election under paragraph 

17 (1) of an individual described by subparagraph 

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

19 individual to make contributions under section 

20 3011(b) or 3012(c) of title 38, United States 

21 Code, as applicable, shall cease, and the re22 quirements of such section shall be deemed to 

23 be no longer applicable to such person. 

24 (6) TERMINATION OF ENTITLEMENT UNDER

25 MONTGOMERY GI BILL.—Except as otherwise proVerDate Aug 31 2005 22:45 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5651.IH H5651

hsrobinson on PROD1PC76 with BILLS
47 

•HR 5651 IH

1 vided in paragraph (4), effective on the last day of 

2 the month in which an individual makes an election 

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

4 individual to basic educational assistance under 

5 chapter 30 of title 38, United States Code, or edu6 cational assistance under chapter 107, 1606, or 

7 1607 of title 10, United States Code, as applicable, 

8 shall terminate. 

9 (7) IRREVOCABILITY OF ELECTIONS.—An elec10 tion under paragraph (1) or (2)(A) is irrevocable. 

11 SEC. 3. TREATMENT AS OTHER FINANCIAL AID. 

12 Section 480(j)(1) of the Higher Education Act of 

13 1965 (20 U.S.C. 1087vv(j)(1)) is amended— 

14 (1) by striking ‘‘veterans’ education benefits as 

15 in subsection (c) of this section, and’’; and 

16 (2) by inserting before the period at the end the 

17 following: ‘‘, but excluding any payments of edu18 cational assistance to veterans under title 38, United 

19 States Code, and to members of the Selected Re20 serve under chapters 1606 and 1607 of title 10, 

21 United States Code’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS