II 

Calendar No. 902 

110TH CONGRESS 

2D SESSION S. 3339 

[Report No. 110–433] 

To amend chapter 33 of title 38, United States Code, to clarify and improve 

authorities relating to the availability of post-9/11 veterans educational 

assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2008 

Mr. AKAKA, from the Committee on Veterans’ Affairs, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To amend chapter 33 of title 38, United States Code, to 

clarify and improve authorities relating to the availability 

of post-9/11 veterans educational assistance, 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, 


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1 SECTION 1. CLARIFICATION AND IMPROVEMENT OF AU2 THORITIES RELATING TO POST-9/11 EDU3 CATIONAL ASSISTANCE FOR MEMBERS OF 

4 THE ARMED FORCES AND VETERANS. 

5 (a) MODIFICATION OF BASE AMOUNTS OF EDU6 CATIONAL ASSISTANCE.—Section 3313(c)(1) of title 38, 

7 United States Code, is amended— 

8 (1) in subparagraph (A), by striking ‘‘may not 

9 exceed’’ and all that follows and inserting ‘‘may not 

10 exceed the amount as follows: 

11 ‘‘(i) In the case of an individual en12 rolled in an institution of higher learning 

13 located in the United States, the maximum 

14 amount of established charges regularly 

15 charged in-State students for full-time pur16 suit of approved programs of education for 

17 undergraduates by the public institution of 

18 higher learning offering approved pro19 grams of education in the State in which 

20 the individual is enrolled that has the high21 est rate of regularly charged established 

22 charges for such programs of education 

23 among all public institutions of higher 

24 learning in such State offering such pro25 grams of education. 


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1 ‘‘(ii) In the case of an individual en2 rolled in an institution of higher learning 

3 located in the United States who is pur4 suing a program of education at a branch 

5 of such institution that is located outside 

6 the United States, the maximum amount 

7 of established charges regularly charged in8 State students for full-time pursuit of ap9 proved programs of education for under10 graduates by the public institution of high11 er learning offering approved programs of 

12 education in the State in which is located 

13 the institution in which the individual is 

14 enrolled that has the highest rate of regu15 larly charged established charges for such 

16 programs of education among all public in17 stitutions of higher learning in such State 

18 offering such programs of education. 

19 ‘‘(iii) In the case of an individual en20 rolled in an institution of higher learning 

21 not located in the United States, the aver22 age amount of established charges charged 

23 in-State students for full-time pursuit of 

24 approved programs of education for under25 graduates by public institutions of higher 


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1 learning throughout the United States dur2 ing the preceding academic year.’’; and 

3 (2) in subparagraph (B)(i), by striking ‘‘month4 ly housing stipend amount’’ and all that follows and 

5 inserting ‘‘monthly housing stipend in an amount as 

6 follows: 

7 ‘‘(I) In the case of an individual 

8 enrolled in an institution of higher 

9 learning located in the United States, 

10 an amount equal to the monthly 

11 amount of the basic allowance for 

12 housing payable under section 403 of 

13 title 37 for a member with dependents 

14 in pay grade E–5 residing in the mili15 tary housing area that encompasses 

16 all or the majority portion of the ZIP 

17 code area in which is located the insti18 tution of higher learning at which the 

19 individual is enrolled. 

20 ‘‘(II) In the case of an individual 

21 enrolled in an institution of higher 

22 learning located outside the United 

23 States, an amount equal to the aver24 age monthly amount of the basic al25 lowance for housing payable under 


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1 section 403 of title 37 for a member 

2 with dependents in pay grade E–5 re3 siding in the continental United 

4 States.’’. 

5 (b) PUBLIC-PRIVATE CONTRIBUTIONS FOR ADDI6 TIONAL EDUCATIONAL ASSISTANCE.— 

7 (1) IN GENERAL.—Subsection (a) of section 

8 3317 of such title is amended by striking the first 

9 sentence and inserting the following new sentences: 

10 ‘‘The Secretary shall carry out a program under 

11 which a college or university (other than a propri12 etary for-profit college or university) may, through 

13 voluntary contributions, cover a portion of the estab14 lished charges for an approved program of education 

15 of an individual entitled to educational assistance 

16 under this chapter that would not otherwise be cov17 ered by section 3313(c)(1)(A). Subject to subsection 

18 (d), such contributions shall be matched by equiva19 lent contributions toward such costs by the Sec20 retary.’’. 

21 (2) REQUIREMENTS FOR PARTICIPATING INSTI22 TUTIONS.—Subsection (c) of such section is amend23 ed to read as follows: 


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1 ‘‘(c) REQUIREMENTS FOR PARTICIPATING INSTITU2 TIONS.—A college or university participating in the pro3 gram under this section shall— 

4 ‘‘(1) offer the same percentage of additional as5 sistance to all individuals receiving educational as6 sistance under this section who are pursuing a pro7 gram of education at the college or university; 

8 ‘‘(2) submit to the Secretary a report on the 

9 manner (whether by direct grant, scholarship, or 

10 otherwise) by which the college or university shall 

11 cover portions of the established charges of individ12 uals under the program; and 

13 ‘‘(3) submit to the Secretary a report on the 

14 amount of the contribution to be made by the college 

15 or university for each individual covered by the pro16 gram.’’. 

17 (3) MATCHING CONTRIBUTIONS.—Paragraph 

18 (1) of subsection (d) of such section is amended to 

19 read as follows: 

20 ‘‘(1) IN GENERAL.—The amount of any match21 ing contribution by the Secretary under the program 

22 under this section with respect to the pursuit of a 

23 program of education by an individual entitled to 

24 educational assistance under this chapter may not 

25 exceed an amount equal to 50 percent of any costs 


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1 for tuition and mandatory fees for the individual’s 

2 pursuit of the program of education that are not 

3 otherwise covered under section 3311(c)(1)(A).’’. 

4 (4) REGULATIONS.—Subsection (e) of such sec5 tion is amended to read as follows: 

6 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

7 regulations to carry out the program required by this sec8 tion.’’. 

9 (c) INTERIM IMPLEMENTATION AUTHORITY.—Sec10 tion 5003 of the Post-9/11 Veterans Educational Assist11 ance Act of 2008 (title V of Public Law 110–252) is 

12 amended by striking subsection (d) and inserting the fol13 lowing new subsections: 

14 ‘‘(d) ANTICIPATION OF IMPLEMENTATION.—The Sec15 retary of Veterans Affairs shall take appropriate actions 

16 to ensure that this section and the amendments made by 

17 this section are implementable on the effective date pro18 vided in subsection (e)(1), including the prescription of 

19 such interim and final regulations for purposes of this sec20 tion and the amendments made by this section as the Sec21 retary considers appropriate. 

22 ‘‘(e) EFFECTIVE DATE.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), this section and the amendments made by 

25 this section shall take effect on August 1, 2009. 


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1 ‘‘(2) IMPLEMENTATION.—Subsection (d) shall 

2 take effect on the date of the enactment of this 

3 Act.’’. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on June 30, 2008, as if in6 cluded in the Post-9/11 Veterans Educational Assistance 

7 Act of 2008, to which such amendments relate. 


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Calendar No. 902 

110TH CONGRESS 

2D SESSION S. 3339 

[Report No. 110

–433] 

A BILL 

To amend chapter 33 of title 38, United States 

cational assistance, and for other purposes. to the availability of post-9/11 veterans eduCode, to clarify and improve authorities relating 

JULY 26, 2008 

Read twice and placed on the calendar 


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