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(c) ASSISTANCE TO STATES.—There are appropriated 
out of the employment security administration account (as 
established by section 901(a) of the Social Security Act (42 
U.S.C. 1101(a)) of the Unemployment Trust Fund, without 
fiscal year limitation, such funds as may be necessary for 
purposes of assisting States (as provided in title III of the 
Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
costs of administration of agreements under this title. 
(d) APPROPRIATIONS
FOR
CERTAIN
PAYMENTS.— 
There are appropriated from the general fund of the Treas-
ury, without fiscal year limitation, to the extended unem-
ployment compensation account (as so established) of the 
Unemployment Trust Fund (as so established) such sums 
as the Secretary estimates to be necessary to make the pay-
ments under this section in respect of— 
(1) compensation payable under chapter 85 of 
title 5, United States Code; and 
(2) compensation payable on the basis of services 
to which section 3309(a)(1) of the Internal Revenue 
Code of 1986 applies. 
Amounts appropriated pursuant to the preceding sentence 
shall not be required to be repaid. 
FRAUD AND OVERPAYMENTS 
SEC. 4005. (a) IN GENERAL.—If an individual know-
ingly has made, or caused to be made by another, a false 
statement or representation of a material fact, or knowingly 
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has failed, or caused another to fail, to disclose a material 
fact, and as a result of such false statement or representa-
tion or of such nondisclosure such individual has received 
an amount of emergency unemployment compensation 
under this title to which such individual was not entitled, 
such individual— 
(1) shall be ineligible for further emergency un-
employment compensation under this title in accord-
ance with the provisions of the applicable State un-
employment compensation law relating to fraud in 
connection with a claim for unemployment compensa-
tion; and 
(2) shall be subject to prosecution under section 
1001 of title 18, United States Code. 
(b) REPAYMENT.—In the case of individuals who have 
received amounts of emergency unemployment compensa-
tion under this title to which they were not entitled, the 
State shall require such individuals to repay the amounts 
of such emergency unemployment compensation to the State 
agency, except that the State agency may waive such repay-
ment if it determines that— 
(1) the payment of such emergency unemploy-
ment compensation was without fault on the part of 
any such individual; and 
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(2) such repayment would be contrary to equity 
and good conscience. 
(c) RECOVERY BY STATE AGENCY.— 
(1) IN GENERAL.—The State agency may recover 
the amount to be repaid, or any part thereof, by de-
ductions from any emergency unemployment com-
pensation payable to such individual under this title 
or from any unemployment compensation payable to 
such individual under any State or Federal unem-
ployment compensation law administered by the 
State agency or under any other State or Federal law 
administered by the State agency which provides for 
the payment of any assistance or allowance with re-
spect to any week of unemployment, during the 3-year 
period after the date such individuals received the 
payment of the emergency unemployment compensa-
tion to which they were not entitled, except that no 
single deduction may exceed 50 percent of the weekly 
benefit amount from which such deduction is made. 
(2) OPPORTUNITY FOR HEARING.—No repayment 
shall be required, and no deduction shall be made, 
until a determination has been made, notice thereof 
and an opportunity for a fair hearing has been given 
to the individual, and the determination has become 
final. 
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(d) REVIEW.—Any determination by a State agency 
under this section shall be subject to review in the same 
manner and to the same extent as determinations under 
the State unemployment compensation law, and only in 
that manner and to that extent. 
DEFINITIONS 
SEC. 4006. In this title, the terms ‘‘compensation’’, 
‘‘regular compensation’’, ‘‘extended compensation’’, ‘‘benefit 
year’’, ‘‘base period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, 
and ‘‘week’’ have the respective meanings given such terms 
under section 205 of the Federal-State Extended Unemploy-
ment Compensation Act of 1970 (26 U.S.C. 3304 note). 
APPLICABILITY 
SEC. 4007. (a) IN GENERAL.—Except as provided in 
subsection (b), an agreement entered into under this title 
shall apply to weeks of unemployment— 
(1) beginning after the date on which such agree-
ment is entered into; and 
(2) ending on or before March 31, 2009. 
(b) TRANSITION
FOR AMOUNT REMAINING
IN AC-
COUNT.— 
(1) IN GENERAL.—Subject to paragraph (2), in 
the case of an individual who has amounts remaining 
in an account established under section 4002 as of the 
last day of the last week (as determined in accordance 
with the applicable State law) ending on or before 
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March 31, 2009, emergency unemployment compensa-
tion shall continue to be payable to such individual 
from such amounts for any week beginning after such 
last day for which the individual meets the eligibility 
requirements of this title. 
(2) LIMIT ON COMPENSATION.—No compensation 
shall be payable by reason of paragraph (1) for any 
week beginning after June 30, 2009. 
TITLE V—VETERANS EDUCATIONAL ASSISTANCE 
SHORT TITLE 
SEC. 5001. This title may be cited as the ‘‘Post-9/11 
Veterans Educational Assistance Act of 2008’’. 
FINDINGS 
SEC. 5002. Congress makes the following findings: 
(1) On September 11, 2001, terrorists attacked 
the United States, and the brave members of the 
Armed Forces of the United States were called to the 
defense of the Nation. 
(2) Service on active duty in the Armed Forces 
has been especially arduous for the members of the 
Armed Forces since September 11, 2001. 
(3) The United States has a proud history of of-
fering educational assistance to millions of veterans, 
as demonstrated by the many ‘‘G.I. Bills’’ enacted 
since World War II. Educational assistance for vet-
erans helps reduce the costs of war, assist veterans in 
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readjusting to civilian life after wartime service, and 
boost the United States economy, and has a positive 
effect on recruitment for the Armed Forces. 
(4) The current educational assistance program 
for veterans is outmoded and designed for peacetime 
service in the Armed Forces. 
(5) The people of the United States greatly value 
military service and recognize the difficult challenges 
involved in readjusting to civilian life after wartime 
service in the Armed Forces. 
(6) It is in the national interest for the United 
States to provide veterans who serve on active duty 
in the Armed Forces after September 11, 2001, with 
enhanced educational assistance benefits that are wor-
thy of such service and are commensurate with the 
educational assistance benefits provided by a grateful 
Nation to veterans of World War II. 
EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED 
FORCES WHO SERVE AFTER SEPTEMBER 11, 2001 
SEC. 5003. (a) EDUCATIONAL ASSISTANCE AUTHOR-
IZED.— 
(1) IN GENERAL.—Part III of title 38, United 
States Code, is amended by inserting after chapter 32 
the following new chapter: 
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‘‘CHAPTER 33—POST–9/11 EDUCATIONAL 
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: members with critical skills or spe-
cialty; members serving additional service. 
‘‘3317. Public-private contributions for additional educational assistance. 
‘‘3318. Additional assistance: relocation or travel assistance for individual relo-
cating or traveling significant distance for pursuit of a program 
of education. 
‘‘3319. Authority to transfer unused education benefits to family members. 
‘‘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. 
‘‘SUBCHAPTER I—DEFINITIONS 
‘‘§ 3301. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘active duty’ has the meanings as 
follows (subject to the limitations specified in sections 
3002(6) and 3311(b)): 
‘‘(A) In the case of members of the regular 
components of the Armed Forces, the meaning 
given such term in section 101(21)(A). 
‘‘(B) In the case of members of the reserve 
components of the Armed Forces, service on ac-
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tive duty under a call or order to active duty 
under section 688, 12301(a), 12301(d), 12301(g), 
12302, or 12304 of title 10. 
‘‘(2) The term ‘entry level and skill training’ 
means the following: 
‘‘(A) In the case of members of the Army, 
Basic Combat Training and Advanced Indi-
vidual Training. 
‘‘(B) In the case of members of the Navy, 
Recruit Training (or Boot Camp) and Skill 
Training (or so-called ‘A’ School). 
‘‘(C) In the case of members of the Air 
Force, Basic Military Training and Technical 
Training. 
‘‘(D) In the case of members of the Marine 
Corps, Recruit Training and Marine Corps 
Training (or School of Infantry Training). 
‘‘(E) In the case of members of the Coast 
Guard, Basic Training. 
‘‘(3) The term ‘program of education’ has the 
meaning given such term in section 3002, except to 
the extent otherwise provided in section 3313. 
‘‘(4) The term ‘Secretary of Defense’ means the 
Secretary of Defense, except that the term means the 
Secretary of Homeland Security with respect to the 
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Coast Guard when it is not operating as a service in 
the Navy. 
‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 
‘‘§ 3311. Educational assistance for service in the 
Armed Forces commencing on or after 
September 11, 2001: entitlement 
‘‘(a) ENTITLEMENT.—Subject to subsections (d) and 
(e), each individual described in subsection (b) is entitled 
to educational assistance under this chapter. 
‘‘(b) COVERED INDIVIDUALS.—An individual described 
in this subsection is any individual as follows: 
‘‘(1) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 36 months 
on active duty in the Armed Forces (including 
service on active duty in entry level and skill 
training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty; or 
‘‘(ii) is discharged or released from ac-
tive duty as described in subsection (c). 
‘‘(2) An individual who— 
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‘‘(A) commencing on or after September 11, 
2001, serves at least 30 continuous days on ac-
tive duty in the Armed Forces; and 
‘‘(B) after completion of service described in 
subparagraph (A), is discharged or released from 
active duty in the Armed Forces for a service- 
connected disability. 
‘‘(3) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 30 months, 
but less than 36 months, on active duty in the 
Armed Forces (including service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 36 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 36 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(4) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 24 months, 
but less than 30 months, on active duty in the 
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Armed Forces (including service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 30 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 30 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(5) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 18 months, 
but less than 24 months, on active duty in the 
Armed Forces (excluding service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 24 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 24 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(6) An individual who— 
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‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 12 months, 
but less than 18 months, on active duty in the 
Armed Forces (excluding service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 18 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 18 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(7) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 6 months, 
but less than 12 months, on active duty in the 
Armed Forces (excluding service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 12 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 12 months, is 
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discharged or released from active duty as 
described in subsection (c). 
‘‘(8) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 90 days, but 
less than 6 months, on active duty in the Armed 
Forces (excluding service on active duty in entry 
level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 6 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 6 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis-
charge or release from active duty of an individual de-
scribed in this subsection is a discharge or release as follows: 
‘‘(1) A discharge from active duty in the Armed 
Forces with an honorable discharge. 
‘‘(2) A release after service on active duty in the 
Armed Forces characterized by the Secretary con-
cerned as honorable service and placement on the re-
tired list, transfer to the Fleet Reserve or Fleet Ma-
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rine Corps Reserve, or placement on the temporary 
disability retired list. 
‘‘(3) A release from active duty in the Armed 
Forces for further service in a reserve component of 
the Armed Forces after service on active duty charac-
terized by the Secretary concerned as honorable serv-
ice. 
‘‘(4) A discharge or release from active duty in 
the Armed Forces for— 
‘‘(A) a medical condition which preexisted 
the service of the individual as described in the 
applicable paragraph of subsection (b) and 
which the Secretary determines is not service- 
connected; 
‘‘(B) hardship; or 
‘‘(C) a physical or mental condition that 
was not characterized as a disability and did 
not result from the individual’s own willful mis-
conduct but did interfere with the individual’s 
performance of duty, as determined by the Sec-
retary concerned in accordance with regulations 
prescribed by the Secretary of Defense. 
‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN SERV-
ICE AS PERIOD OF ACTIVE DUTY.—The following periods 
of service shall not be considered a part of the period of 
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active duty on which an individual’s entitlement to edu-
cational assistance under this chapter is based: 
‘‘(1) A period of service on active duty of an offi-
cer pursuant to an agreement under section 2107(b) 
of title 10. 
‘‘(2) A period of service on active duty of an offi-
cer pursuant to an agreement under section 4348, 
6959, or 9348 of title 10. 
‘‘(3) A period of service that is terminated be-
cause of a defective enlistment and induction based 
on— 
‘‘(A) the individual’s being a minor for 
purposes of service in the Armed Forces; 
‘‘(B) an erroneous enlistment or induction; 
or 
‘‘(C) a defective enlistment agreement. 
‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER 
MULTIPLE PROVISIONS.—In the event an individual enti-
tled to educational assistance under this chapter is entitled 
by reason of both paragraphs (4) and (5) of subsection (b), 
the individual shall be treated as being entitled to edu-
cational assistance under this chapter by reason of para-
graph (5) of subsection (b). 
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‘‘§ 3312. Educational assistance: duration 
‘‘(a) IN GENERAL.—Subject to section 3695 and except 
as provided in subsections (b) and (c), an individual enti-
tled to educational assistance under this chapter is entitled 
to a number of months of educational assistance under sec-
tion 3313 equal to 36 months. 
‘‘(b) CONTINUING
RECEIPT.—The receipt of edu-
cational assistance under section 3313 by an individual en-
titled to educational assistance under this chapter is subject 
to the provisions of section 3321(b)(2). 
‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE 
DUTY.— 
‘‘(1) IN GENERAL.—Any payment of educational 
assistance described in paragraph (2) shall not— 
‘‘(A) be charged against any entitlement to 
educational assistance of the individual con-
cerned under this chapter; or 
‘‘(B) be counted against the aggregate pe-
riod for which section 3695 limits the individ-
ual’s receipt of educational assistance under this 
chapter. 
‘‘(2) DESCRIPTION
OF
PAYMENT
OF
EDU-
CATIONAL
ASSISTANCE.—Subject to paragraph (3), 
the payment of educational assistance described in 
this paragraph is the payment of such assistance to 
an individual for pursuit of a course or courses under 
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this chapter if the Secretary finds that the indi-
vidual— 
‘‘(A)(i) in the case of an individual not 
serving on active duty, had to discontinue such 
course pursuit as a result of being called or or-
dered to serve on active duty under section 688, 
12301(a), 12301(d), 12301(g), 12302, or 12304 of 
title 10; or 
‘‘(ii) in the case of an individual serving on 
active duty, had to discontinue such course pur-
suit as a result of being ordered to a new duty 
location or assignment or to perform an in-
creased amount of work; and 
‘‘(B) failed to receive credit or lost training 
time toward completion of the individual’s ap-
proved education, professional, or vocational ob-
jective as a result of having to discontinue, as 
described in subparagraph (A), the individual’s 
course pursuit. 
‘‘(3) 
PERIOD
FOR
WHICH
PAYMENT
NOT 
CHARGED.—The period for which, by reason of this 
subsection, educational assistance is not charged 
against entitlement or counted toward the applicable 
aggregate period under section 3695 of this title shall 
not exceed the portion of the period of enrollment in 
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the course or courses from which the individual failed 
to receive credit or with respect to which the indi-
vidual lost training time, as determined under para-
graph (2)(B). 
‘‘§ 3313. Educational assistance: amount; payment 
‘‘(a) PAYMENT.—The Secretary shall pay to each indi-
vidual entitled to educational assistance under this chapter 
who is pursuing an approved program of education (other 
than a program covered by subsections (e) and (f)) the 
amounts specified in subsection (c) to meet the expenses of 
such individual’s subsistence, tuition, fees, and other edu-
cational costs for pursuit of such program of education. 
‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A pro-
gram of education is an approved program of education 
for purposes of this chapter if the program of education is 
offered by an institution of higher learning (as that term 
is defined in section 3452(f)) and is approved for purposes 
of chapter 30 (including approval by the State approving 
agency concerned). 
‘‘(c) AMOUNT
OF EDUCATIONAL ASSISTANCE.—The 
amounts payable under this subsection for pursuit of an 
approved program of education are amounts as follows: 
‘‘(1) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of 
section 3311(b)(1) or 3311(b)(2), amounts as follows: 
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‘‘(A) An amount equal to the established 
charges for the program of education, except that 
the amount payable under this subparagraph 
may not exceed the maximum amount of estab-
lished charges regularly charged in-State stu-
dents for full-time pursuit of approved programs 
of education for undergraduates by the public in-
stitution of higher education offering approved 
programs of education for undergraduates in the 
State in which the individual is enrolled that 
has the highest rate of regularly-charged estab-
lished charges for such programs of education 
among all public institutions of higher education 
in such State offering such programs of edu-
cation. 
‘‘(B) A monthly stipend in an amount as 
follows: 
‘‘(i) For each month the individual 
pursues the program of education (other 
than, in the case of assistance under this 
section only, a program of education offered 
through distance learning), a monthly hous-
ing stipend amount equal to the monthly 
amount of the basic allowance for housing 
payable under section 403 of title 37 for a 
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member with dependents in pay grade E–5 
residing in the military housing area that 
encompasses all or the majority portion of 
the ZIP code area in which is located the 
institution of higher education at which the 
individual is enrolled. 
‘‘(ii) For the first month of each quar-
ter, semester, or term, as applicable, of the 
program of education pursued by the indi-
vidual, a lump sum amount for books, sup-
plies, equipment, and other educational 
costs with respect to such quarter, semester, 
or term in the amount equal to— 
‘‘(I) $1,000, multiplied by 
‘‘(II) the fraction which is the 
portion of a complete academic year 
under the program of education that 
such quarter, semester, or term con-
stitutes. 
‘‘(2) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of 
section 3311(b)(3), amounts equal to 90 percent of the 
amounts that would be payable to the individual 
under paragraph (1) for the program of education if 
the individual were entitled to amounts for the pro-
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gram of education under paragraph (1) rather than 
this paragraph. 
‘‘(3) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of 
section 3311(b)(4), amounts equal to 80 percent of the 
amounts that would be payable to the individual 
under paragraph (1) for the program of education if 
the individual were entitled to amounts for the pro-
gram of education under paragraph (1) rather than 
this paragraph. 
‘‘(4) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of 
section 3311(b)(5), amounts equal to 70 percent of the 
amounts that would be payable to the individual 
under paragraph (1) for the program of education if 
the individual were entitled to amounts for the pro-
gram of education under paragraph (1) rather than 
this paragraph. 
‘‘(5) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of 
section 3311(b)(6), amounts equal to 60 percent of the 
amounts that would be payable to the individual 
under paragraph (1) for the program of education if 
the individual were entitled to amounts for the pro-
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gram of education under paragraph (1) rather than 
this paragraph. 
‘‘(6) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of 
section 3311(b)(7), amounts equal to 50 percent of the 
amounts that would be payable to the individual 
under paragraph (1) for the program of education if 
the individual were entitled to amounts for the pro-
gram of education under paragraph (1) rather than 
this paragraph. 
‘‘(7) In the case of an individual entitled to edu-
cational assistance under this chapter by reason of 
section 3311(b)(8), amounts equal to 40 percent of the 
amounts that would be payable to the individual 
under paragraph (1) for the program of education if 
the individual were entitled to amounts for the pro-
gram of education under paragraph (1) rather than 
this paragraph. 
‘‘(d) FREQUENCY OF PAYMENT.— 
‘‘(1) QUARTER, 
SEMESTER, 
OR
TERM
PAY-
MENTS.—Payment of the amounts payable under sub-
section (c)(1)(A), and of similar amounts payable 
under paragraphs (2) through (7) of subsection (c), 
for pursuit of a program of education shall be made 
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for the entire quarter, semester, or term, as applica-
ble, of the program of education. 
‘‘(2) MONTHLY
PAYMENTS.—Payment of the 
amount payable under subsection (c)(1)(B), and of 
similar amounts payable under paragraphs (2) 
through (7) of subsection (c), for pursuit of a program 
of education shall be made on a monthly basis. 
‘‘(3) REGULATIONS.—The Secretary shall pre-
scribe in regulations methods for determining the 
number of months (including fractions thereof) of en-
titlement of an individual to educational assistance 
this chapter that are chargeable under this chapter for 
an advance payment of amounts under paragraphs 
(1) and (2) for pursuit of a program of education on 
a quarter, semester, term, or other basis. 
‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE 
DUTY.— 
‘‘(1) IN
GENERAL.—Educational assistance is 
payable under this chapter for pursuit of an approved 
program of education while on active duty. 
‘‘(2) AMOUNT OF ASSISTANCE.—The amount of 
educational assistance payable under this chapter to 
an individual pursuing a program of education while 
on active duty is the lesser of— 
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