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 Com-
mittee on Veterans’ Affairs, and in addition to the Committee on Edu-
cation 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 pro-
gram of educational assistance for members of the 
Armed Forces who serve in the Armed Forces after 
September 11, 2001, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Veterans’ Col-
lege Affordability Act of 2008’’. 
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SEC. 2. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE 
ARMED FORCES WHO SERVE AFTER SEP-
TEMBER 11, 2001. 
(a) EDUCATIONAL ASSISTANCE AUTHORIZED.— 
(1) IN GENERAL.—Part III of title 38, United 
States Code, is amended by inserting after chapter 
32 the following new chapter: 
‘‘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 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. 
‘‘SUBCHAPTER I—DEFINITIONS 
‘‘§ 3301. Definitions 
‘‘For purposes of this chapter: 
‘‘(1) The term ‘active duty’ has the meanings 
as follows (subject to the limitations specified in sec-
tions 3002(6) and 3311(b) of this title): 
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‘‘(A) In the case of members of the regular 
components of the Armed Forces, the meaning 
given such term in section 101(21)(A) of this 
title. 
‘‘(B) In the case of members of the reserve 
components of the Armed Forces, service on ac-
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. 
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‘‘(3) The terms ‘program of education’ and 
‘Secretary of Defense’ have the meaning given such 
terms in section 3002 of this title. 
‘‘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 de-
scribed in this subsection is any individual as follows: 
‘‘(1) An individual (including an individual as a 
Reserve) who— 
‘‘(A) commencing on or after September 
11, 2001, serves an aggregate of at least 36 
months on active duty in the Armed Forces (in-
cluding 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 
active 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 
active 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 
active 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 
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months, but less than 30 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 30 months; or 
‘‘(ii) before completion of service on 
active 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 
active duty of an aggregate of 24 months, 
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is discharged or released from active duty 
as described in subsection (c). 
‘‘(6) An individual who— 
‘‘(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 
active 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 
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‘‘(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 
active duty of an aggregate of 12 months, 
is 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 
active 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-
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scribed in this subsection is a discharge or release as fol-
lows: 
‘‘(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 
concerned as honorable service and placement on the 
retired list, transfer to the Fleet Reserve or Fleet 
Marine Corps Reserve, or placement on the tem-
porary 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 char-
acterized by the Secretary concerned as honorable 
service. 
‘‘(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 
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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 
SERVICE AS PERIOD OF ACTIVE DUTY.—The following 
periods of service shall not be considered a part of the 
period of active duty on which an individual’s entitlement 
to educational assistance under this chapter is based: 
‘‘(1) A period of service on active duty of an of-
ficer pursuant to an agreement under section 
2107(b) of title 10. 
‘‘(2) A period of service on active duty of an of-
ficer 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. 
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‘‘(e) 
TREATMENT
OF
INDIVIDUALS
ENTITLED 
UNDER MULTIPLE PROVISIONS.—In the event an indi-
vidual entitled 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 en-
titled to educational assistance under this chapter by rea-
son of paragraph (5) of such subsection. 
‘‘§ 3312. Educational assistance: duration 
‘‘(a) IN GENERAL.—Subject to section 3695 of this 
title and except as provided in subsections (b) and (c), 
an individual entitled to educational assistance under this 
chapter is entitled to a number of months of educational 
assistance under section 3313 of this title equal to 36 
months, which is the equivalent of four academic years. 
‘‘(b) CONTINUING RECEIPT.—The receipt of edu-
cational assistance under section 3313 of this title by an 
individual entitled to educational assistance under this 
chapter is subject to the provisions of section 3321(b)(2) 
of this title. 
‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE 
DUTY.—(1) Any payment of educational assistance de-
scribed in paragraph (2) shall not— 
‘‘(A) be charged against any entitlement to edu-
cational assistance of the individual concerned under 
this chapter; or 
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‘‘(3) The period for which, by reason of this sub-
section, educational assistance is not charged against enti-
tlement or counted toward the applicable aggregate period 
under section 3695 of this title shall not exceed the por-
tion of the period of enrollment in the course or courses 
from which the individual failed to receive credit or with 
respect to which the individual lost training time, as deter-
mined under paragraph (2)(B). 
‘‘§ 3313. Educational assistance: amount; payment 
‘‘(a) PAYMENT.—The Secretary shall pay to each in-
dividual entitled to educational assistance under this chap-
ter who is pursuing an approved program of education 
(other than a program covered by subsections (e) through 
(i)) the amounts specified in subsection (c) to meet the 
expenses of such individual’s subsistence, tuition, fees, and 
other educational costs for pursuit of such program of 
education. 
‘‘(b) APPROVED PROGRAMS OF EDUCATION.—Except 
as provided in subsections (g) through (i), a program of 
education is an approved program of education for pur-
poses of this chapter if the program of education is ap-
proved for purposes of chapter 30 of this title. 
‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—The 
amounts payable under this subsection for pursuit of an 
approved program of education are amounts as follows: 
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‘‘(1) In the case of an individual entitled to 
educational assistance under this chapter by reason 
of section 3311(b)(1) or 3311(b)(2) of this title, 
amounts as follows: 
‘‘(A) An amount equal to the established 
charges for the program of education, except 
that the amount payable under this subpara-
graph may not exceed the maximum amount of 
established charges regularly charged in-State 
students for full-time pursuit of programs of 
education by the public institution of higher 
education in the State in which the individual 
is enrolled that has the highest rate of regu-
larly-charged established charges for programs 
of education among all public institutions of 
higher education in such State. 
‘‘(B) A monthly housing stipend in an 
amount equal to the monthly amount of the 
basic allowance for housing payable under sec-
tion 403 of title 37 for a member with depend-
ents in pay grade E–5 residing in the military 
housing area that encompasses all or the major-
ity portion of the ZIP code area in which is lo-
cated the institution of higher education at 
which the individual is enrolled. 
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‘‘(C) A yearly stipend for books, supplies, 
equipment, and other educational costs in the 
amount of $1,000. 
‘‘(2) In the case of an individual entitled to 
educational assistance under this chapter by reason 
of section 3311(b)(3) of this title, 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 program of education under para-
graph (1) rather than this paragraph. 
‘‘(3) In the case of an individual entitled to 
educational assistance under this chapter by reason 
of section 3311(b)(4) of this title, 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 program of education under para-
graph (1) rather than this paragraph. 
‘‘(4) In the case of an individual entitled to 
educational assistance under this chapter by reason 
of section 3311(b)(5) of this title, 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 
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amounts for the program of education under para-
graph (1) rather than this paragraph. 
‘‘(5) In the case of an individual entitled to 
educational assistance under this chapter by reason 
of section 3311(b)(6) of this title, 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 program of education under para-
graph (1) rather than this paragraph. 
‘‘(6) In the case of an individual entitled to 
educational assistance under this chapter by reason 
of section 3311(b)(7) of this title, 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 program of education under para-
graph (1) rather than this paragraph. 
‘‘(7) In the case of an individual entitled to 
educational assistance under this chapter by reason 
of section 3311(b)(8) of this title, 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 
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amounts for the program of education under para-
graph (1) rather than this paragraph. 
‘‘(d) FREQUENCY OF PAYMENT.—(1) Payment of the 
amounts payable under subsection (c)(1)(A), and of simi-
lar amounts payable under paragraphs (2) through (7) of 
subsection (c), for pursuit of a program of education shall 
be made in a lump-sum amount for the entire quarter, 
semester, or term, as applicable, of the program of edu-
cation before the commencement of such quarter, semes-
ter, or term. 
‘‘(2) Payment of the amount payable under sub-
section (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) The amount payable under subsection (c)(1)(C), 
and similar amounts payable under paragraphs (2) 
through (7) of subsection (c), for pursuit of a program 
of education shall be payable in equal installments for the 
quarter, semester, or term, as applicable, falling within the 
year concerned. Payment of such amounts shall be made 
in a lump-sum amount for the entire quarter, semester, 
or term, as the case may be, of the program of education 
before the commencement of such quarter, semester, or 
term. 
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‘‘(4) The Secretary shall prescribe in regulations 
methods for determining the number of months (including 
fractions thereof) of entitlement of an individual to edu-
cational assistance this chapter that are chargeable under 
this chapter for an advance payment of amounts under 
paragraphs (1) and (3) for pursuit of a program of edu-
cation on a quarter, semester, term, or other basis. 
‘‘(e) PROGRAMS OF EDUCATION PURSUED ON AC-
TIVE DUTY.—(1) Educational assistance is payable under 
this chapter for pursuit of an approved program of edu-
cation while on active duty. 
‘‘(2) 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— 
‘‘(A) the established charges which similarly 
circumstanced nonveterans enrolled in the program 
of education involved would be required to pay; or 
‘‘(B) the amount of the charges of the edu-
cational institution as elected by the individual in 
the manner specified in section 3014(b)(1) of this 
title. 
‘‘(3) Payment of the amount payable under para-
graph (2) for pursuit of a program of education shall be 
made in a lump-sum amount for the entire quarter, semes-
ter, or term, as applicable, of the program of education 
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before the commencement of such quarter, semester, or 
term. 
‘‘(4) For each month (as determined pursuant to the 
methods prescribed under subsection (d)(4)) for which 
amounts are paid an individual under this subsection, the 
entitlement of the individual to educational assistance 
under this chapter shall be charged at the rate of one 
month for each such month. 
‘‘(f) PROGRAMS OF EDUCATION PURSUED ON LESS 
THAN HALF-TIME BASIS.—(1) Educational assistance is 
payable under this chapter for pursuit of an approved pro-
gram of education on less than half-time basis. 
‘‘(2) The educational assistance payable under this 
chapter to an individual pursuing a program of education 
on less than half-time basis is the amounts as follows: 
‘‘(A) The amount equal to the lesser of— 
‘‘(i) the established charges which similarly 
circumstanced nonveterans enrolled in the pro-
gram of education involved would be required to 
pay; or 
‘‘(ii) the maximum amount that would be 
payable to the individual for the program of 
education under paragraph (1)(A) of subsection 
(c), or under the provisions of paragraphs (2) 
through (7) of subsection (c) applicable to the 
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individual, for the program of education if the 
individual were entitled to amounts for the pro-
gram of education under subsection (c) rather 
than this subsection. 
‘‘(B) A housing stipend in an amount equal to 
the amount of the appropriately reduced amount of 
monthly stipend for housing otherwise payable to the 
individual under subsection (c). 
‘‘(C) A stipend in an amount equal to the 
amount of the appropriately reduced amount of the 
yearly stipend for books, supplies, equipment, and 
other educational costs otherwise payable to the indi-
vidual under subsection (c). 
‘‘(3)(A) Payment of the amounts payable to an indi-
vidual under subparagraphs (A) and (C) of paragraph (2) 
for pursuit of a program of education on less than half- 
time basis shall be made in a lump-sum, and shall be made 
not later than the last day of the month immediately fol-
lowing the month in which certification is received from 
the educational institution involved that the individual has 
enrolled in and is pursuing a program of education at the 
institution. 
‘‘(B) Payments of the amounts payable to an indi-
vidual under subparagraph (B) of paragraph (2) shall be 
made on a monthly basis. 
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‘‘(4) For each month (as determined pursuant to the 
methods prescribed under subsection (d)(4)) for which 
amounts are paid an individual under this subsection, the 
entitlement of the individual to educational assistance 
under this chapter shall be charged at a percentage of a 
month equal to— 
‘‘(A) the number of course hours borne by the 
individual in pursuit of the program of education in-
volved, divided by 
‘‘(B) the number of course hours for full-time 
pursuit of such program of education. 
‘‘(g) APPRENTICESHIP OR OTHER ON-JOB TRAIN-
ING.—(1) Educational assistance is payable under this 
chapter for full-time pursuit of a program of apprentice-
ship or other on-job training described in paragraphs (1) 
and (2) of section 3687(a) of this title. 
‘‘(2) The educational assistance payable under this 
chapter to an individual for pursuit of a program of ap-
prenticeship or training referred to in paragraph (1) is 
the amounts as follows: 
‘‘(A) The amount equal to the lesser of— 
‘‘(i) the established charge which similarly 
circumstances nonveterans enrolled in the pro-
gram would be required to pay; or 
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‘‘(ii) the maximum amount that would be 
payable to the individual for the program of 
education under paragraph (1)(A) of subsection 
(c), or under the provisions of paragraphs (2) 
through (7) of subsection (c) applicable to the 
individual, for the program of education if the 
individual were entitled to amounts for the pro-
gram of education under subsection (c) rather 
than this subsection. 
‘‘(B) A housing stipend in an amount equal to 
the amount of the appropriately reduced amount of 
monthly stipend for housing otherwise payable to the 
individual under subsection (c). 
‘‘(C) A stipend in an amount equal to the 
amount of the appropriately reduced amount of the 
yearly stipend for books, supplies, equipment, and 
other educational costs otherwise payable to the indi-
vidual under subsection (c). 
‘‘(3) The nature and amount of the tuition, fees, and 
other expenses constituting the established charge for a 
program of apprenticeship or training under this sub-
section shall be determined in accordance with regulations 
prescribed by the Secretary. 
‘‘(4)(A) Payment of the amounts payable under sub-
paragraphs (A) and (C) of paragraph (2) for pursuit of 
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a program of apprenticeship or training shall be made, 
at the election of the Secretary— 
‘‘(i) in a lump sum for such period of the pro-
gram as the Secretary shall determine before the 
commencement of such period of the program; or 
‘‘(ii) on a monthly basis. 
‘‘(B) Payments of the amounts payable under sub-
paragraph (B) of paragraph (2) shall be made on a 
monthly basis. 
‘‘(5) For each month (as determined pursuant to the 
methods prescribed under subsection (d)(4)) for which 
amounts are paid an individual under this subsection, the 
entitlement of the individual to educational assistance 
under this chapter shall be charged at the rate of one 
month for each such month. 
‘‘(h) PROGRAMS OF EDUCATION BY CORRESPOND-
ENCE.—(1) Educational assistance is payable under this 
chapter for pursuit of a program of education exclusively 
by correspondence. 
‘‘(2) The educational assistance payable under this 
chapter to an individual who is pursuing a program of 
education exclusively by correspondence is the amounts as 
follows: 
‘‘(A) An amount equal to 55 percent of amount 
that would be payable to the individual for the pro-
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gram of education under paragraph (1)(A) of sub-
section (c), or under the provisions of paragraphs 
(2) through (7) of subsection (c) applicable to the 
individual, for the program of education if the indi-
vidual were entitled to amounts for the program of 
education under subsection (c) rather than this sub-
section. 
‘‘(B) A stipend in an amount equal to the 
equivalent of 55 percent of the appropriately reduced 
amount of the yearly stipend for books, supplies, 
equipment, and other educational costs otherwise 
payable to the individual under subsection (c). 
‘‘(3) Payment of the amounts payable under para-
graph (2) for pursuit of a program of education by cor-
respondence shall be made quarterly on a pro rata basis 
for the lessons completed by the individual and serviced 
by the institution involved. 
‘‘(4) For each month (as determined pursuant to the 
methods prescribed under subsection (d)(4)) for which 
amounts are paid an individual under this subsection, the 
entitlement of the individual to educational assistance 
under this chapter shall be charged at the rate of one 
month for each such month. 
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‘‘(i) FLIGHT TRAINING.—(1) Educational assistance 
is payable under this chapter for a program of education 
consisting of flight training as follows: 
‘‘(A) Courses of flight training approved under 
section 3860A(b) of this title. 
‘‘(B) Flight training meeting the requirements 
of section 3034(d) of this title. 
‘‘(2) Paragraphs (2) and (4) of section 3032(e) of 
this title shall apply with respect to the availability of edu-
cational assistance under this chapter for pursuit of flight 
training covered by paragraph (1). 
‘‘(3) The educational assistance payable under this 
chapter to an individual for pursuit of a program of edu-
cation consisting of flight training covered by paragraph 
(1) is the amounts as follows: 
‘‘(A) The amount equal to the lesser of— 
‘‘(i) the established charge which similarly 
circumstances nonveterans enrolled in the pro-
gram would be required to pay; or 
‘‘(ii) the maximum amount that would be 
payable to the individual for the program of 
education under paragraph (1)(A) of subsection 
(c), or under the provisions of paragraphs (2) 
through (7) of subsection (c) applicable to the 
individual, for the program of education if the 
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‘‘(j) PAYMENT OF CERTAIN AMOUNTS BY VOUCH-
ER.—Amounts payable under subsections (c)(1)(A), 
(e)(2)(A), (f)(2)(A), (g)(2)(A), (h)(2)(A), and (i)(3)(A) 
shall be paid to the individual concerned in the form of 
a voucher, or other form of credit specified by the Sec-
retary for purposes of this subsection, that is redeemable 
by the educational institution concerned in such manner 
as the Secretary shall prescribe. 
‘‘(k) ESTABLISHED CHARGES DEFINED.—(1) In sub-
sections (c), (e), and (f), the term ‘established charges’, 
in the case of a program of education, means the actual 
charges (as determined pursuant to regulations prescribed 
by the Secretary) for tuition and fees which similarly 
circumstanced nonveterans enrolled in the program of 
education would be required to pay. 
‘‘(2) Established charges shall be determined for pur-
poses of this subsection on the following basis: 
‘‘(A) In the case of an individual enrolled in a 
program of education offered on a term, quarter, or 
semester basis, the tuition and fees charged the indi-
vidual for the term, quarter, or semester. 
‘‘(B) In the case of an individual enrolled in a 
program of education not offered on a term, quarter, 
or semester basis, the tuition and fees charged the 
individual for the entire program of education. 
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‘‘§ 3314. Tutorial assistance 
‘‘(a) IN GENERAL.—Subject to subsection (b), an in-
dividual entitled to educational assistance under this chap-
ter shall also be entitled to benefits provided an eligible 
veteran under section 3492 of this title. 
‘‘(b) CONDITIONS.—(1) The provision of benefits 
under subsection (a) shall be subject to the conditions ap-
plicable to an eligible veteran under section 3492 of this 
title. 
‘‘(2) In addition to the conditions specified in para-
graph (1), benefits may not be provided to an individual 
under subsection (a) unless the professor or other indi-
vidual teaching, leading, or giving the course for which 
such benefits are provided certifies that— 
‘‘(A) such benefits are essential to correct a de-
ficiency of the individual in such course; and 
‘‘(B) such course is required as a part of, or is 
prerequisite or indispensable to the satisfactory pur-
suit of, an approved program of education. 
‘‘(c) AMOUNT.—(1) The amount of benefits described 
in subsection (a) that are payable under this section may 
not exceed $100 per month, for a maximum of 12 months, 
or until a maximum of $1,200 is utilized. 
‘‘(2) The amount provided an individual under this 
subsection is in addition to the amounts of educational as-
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sistance paid the individual under section 3313 of this 
title. 
‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any 
benefits provided an individual under subsection (a) are 
in addition to any other educational assistance benefits 
provided the individual under this chapter. 
‘‘§ 3315. Licensure and certification tests 
‘‘(a) IN GENERAL.—An individual entitled to edu-
cational assistance under this chapter shall also be entitled 
to payment for one licensing or certification test described 
in section 3452(b) of this title. 
‘‘(b) LIMITATION ON AMOUNT.—The amount payable 
under subsection (a) for a licensing or certification test 
may not exceed the lesser of— 
‘‘(1) $2,000; or 
‘‘(2) the fee charged for the test. 
‘‘(c) NO CHARGE AGAINST ENTITLEMENT.—Any 
amount paid an individual under subsection (a) is in addi-
tion to any other educational assistance benefits provided 
the individual under this chapter. 
‘‘§ 3316. Supplemental educational assistance for ad-
ditional service 
‘‘(a) IN GENERAL.—Under such regulations as the 
Secretary of Defense shall prescribe, an individual entitled 
to educational assistance under this chapter shall be eligi-
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ble for supplemental educational assistance for additional 
service as authorized by the provisions of subchapter III 
of chapter 30 of this title. 
‘‘(b) ADMINISTRATION.—The qualification for entitle-
ment, amount, and payment of supplemental educational 
assistance under this section shall be in accordance with 
the provisions of subchapter III of chapter 30 of this title, 
except that any reference in such provisions to eligibility 
for basic educational assistance under a provision of sub-
chapter II of chapter 30 of this title shall be treated as 
a reference to eligibility for educational assistance under 
the appropriate provision of this chapter. 
‘‘§ 3317. Public-private contributions for additional 
educational assistance 
‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances 
where the educational assistance provided pursuant to sec-
tion 3313(c)(1)(A) does not cover the full cost of estab-
lished charges (as specified in section 3313 of this title), 
the Secretary shall carry out a program under which col-
leges and universities can, voluntarily, enter into an agree-
ment with the Secretary to cover a portion of those estab-
lished charges not otherwise covered under section 
3313(c)(1)(A), which contributions shall be matched by 
equivalent contributions toward such costs by the Sec-
retary. The program shall only apply to covered individ-
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uals described in paragraphs (1) and (2) of section 
3311(b). 
‘‘(b) DESIGNATION
OF PROGRAM.—The program 
under this section shall be known as the ‘Yellow Ribbon 
G.I. Education Enhancement Program’. 
‘‘(c) AGREEMENTS.—The Secretary shall enter into 
an agreement with each college or university seeking to 
participate in the program under this section. Each agree-
ment shall specify the following: 
‘‘(1) The manner (whether by direct grant, 
scholarship, or otherwise) of the contributions to be 
made by the college or university concerned. 
‘‘(2) The maximum amount of the contribution 
to be made by the college or university concerned 
with respect to any particular individual in any given 
academic year. 
‘‘(3) The maximum number of individuals for 
whom the college or university concerned will make 
contributions in any given academic year. 
‘‘(4) Such other matters as the Secretary and 
the college or university concerned jointly consider 
appropriate. 
‘‘(d) MATCHING CONTRIBUTIONS.—(1) In instances 
where the educational assistance provided an individual 
under section 3313(c)(1)(A) of this title does not cover 
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the full cost of tuition and mandatory fees at a college 
or university, the Secretary shall provide up to 50 percent 
of the remaining costs for tuition and mandatory fees if 
the college or university voluntarily enters into an agree-
ment with the Secretary to match an equal percentage of 
any of the remaining costs for such tuition and fees. 
‘‘(2) Amounts available to the Secretary under sec-
tion 3324(b) of this title for payment of the costs of this 
chapter shall be available to the Secretary for purposes 
of paragraph (1). 
‘‘(e) OUTREACH.—The Secretary shall make available 
on the Internet website of the Department available to the 
public a current list of the colleges and universities partici-
pating in the program under this section. The list shall 
specify, for each college or university so listed, appropriate 
information on the agreement between the Secretary and 
such college or university under subsection (c). 
‘‘SUBCHAPTER III—ADMINISTRATIVE 
PROVISIONS 
‘‘§ 3321. Time limitation for use of and eligibility for 
entitlement 
‘‘(a) IN GENERAL.—Except as provided in this sec-
tion, the period during which an individual entitled to edu-
cational assistance under this chapter may use such indi-
vidual’s entitlement expires at the end of the 15-year pe-
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riod beginning on the date of such individual’s last dis-
charge or release from active duty. 
‘‘(b) EXCEPTIONS.—(1) Subsections (b), (c), and (d) 
of section 3031 of this title shall apply with respect to 
the running of the 15-year period described in subsection 
(a) of this section in the same manner as such subsections 
apply under section 3031 of this title with respect to the 
running of the 10-year period described in section 3031(a) 
of this title. 
‘‘(2) Section 3031(f) of this title shall apply with re-
spect to the termination of an individual’s entitlement to 
educational assistance under this chapter in the same 
manner as such section applies to the termination of an 
individual’s entitlement to educational assistance under 
chapter 30 of this title, except that, in the administration 
of such section for purposes of this chapter, the reference 
to section 3013 of this title shall be deemed to be a ref-
erence to 3312 of this title. 
‘‘(3) For purposes of subsection (a), an individual’s 
last discharge or release from active duty shall not include 
any discharge or release from a period of active duty of 
less than 90 days of continuous service, unless the indi-
vidual is discharged or released as described in section 
3311(b)(2) of this title. 
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‘‘§ 3322. Bar to duplication of educational assistance 
benefits 
‘‘(a) IN GENERAL.—An individual entitled to edu-
cational assistance under this chapter who is also eligible 
for educational assistance under chapter 30, 31, 32, or 
35 of this title, chapter 107, 1606, or 1607 of title 10, 
or the provisions of the Hostage Relief Act of 1980 (Public 
Law 96–449; 5 U.S.C. 5561 note) may not receive assist-
ance under two or more such programs concurrently, but 
shall elect (in such form and manner as the Secretary may 
prescribe) under which chapter or provisions to receive 
educational assistance. 
‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER 
EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period 
of service counted for purposes of repayment of an edu-
cation loan under chapter 109 of title 10 may not be 
counted as a period of service for entitlement to edu-
cational assistance under this chapter. 
‘‘(c) SERVICE
IN SELECTED RESERVE.—An indi-
vidual who serves in the Selected Reserve may receive 
credit for such service under only one of this chapter, 
chapter 30 of this title, and chapters 1606 and 1607 of 
title 10, and shall elect (in such form and manner as the 
Secretary may prescribe) under which chapter such service 
is to be credited. 
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‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the 
case of an individual entitled to educational assistance 
under chapter 30, 31, 32, or 35 of this title, chapter 107, 
1606, or 1607 of title 10, or the provisions of the Hostage 
Relief Act of 1980, or making contributions toward enti-
tlement to educational assistance under chapter 30 of this 
title, as of the date of the enactment of the Post-9/11 Vet-
erans Educational Assistance Act of 2007, coordination 
of entitlement to educational assistance under this chap-
ter, on the one hand, and such chapters or provisions, on 
the other, shall be governed by the provisions of section 
3(c) of the Post-9/11 Veterans Educational Assistance Act 
of 2007. 
‘‘§ 3323. Administration 
‘‘(a) IN GENERAL.—(1) Except as otherwise provided 
in this chapter, the provisions specified in section 
3034(a)(1) of this title shall apply to the provision of edu-
cational assistance under this chapter. 
‘‘(2) In applying the provisions referred to in para-
graph (1) to an individual entitled to educational assist-
ance under this chapter for purposes of this section, the 
reference in such provisions to the term ‘eligible veteran’ 
shall be deemed to refer to an individual entitled to edu-
cational assistance under this chapter. 
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‘‘(3) In applying section 3474 of this title to an indi-
vidual entitled to educational assistance under this chapter 
for purposes of this section, the reference in such section 
3474 to the term ‘educational assistance allowance’ shall 
be deemed to refer to educational assistance payable under 
section 3313 of this title. 
‘‘(4) In applying section 3482(g) of this title to an 
individual entitled to educational assistance under this 
chapter for purposes of this section— 
‘‘(A) the first reference to the term ‘educational 
assistance allowance’ in such section 3482(g) shall 
be deemed to refer to educational assistance payable 
under section 3313 of this title; and 
‘‘(B) the first sentence of paragraph (1) of such 
section 3482(g) shall be applied as if such sentence 
ended with ‘equipment’. 
‘‘(b) INFORMATION
ON BENEFITS.—(1) The Sec-
retary of Veterans Affairs shall provide the information 
described in paragraph (2) to each member of the Armed 
Forces at such times as the Secretary of Veterans Affairs 
and the Secretary of Defense shall jointly prescribe in reg-
ulations. 
‘‘(2) The information described in this paragraph is 
information on benefits, limitations, procedures, eligibility 
requirements (including time-in-service requirements), 
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and other important aspects of educational assistance 
under this chapter, including application forms for such 
assistance under section 5102 of this title. 
‘‘(3) The Secretary of Veterans Affairs shall furnish 
the information and forms described in paragraph (2), and 
other educational materials on educational assistance 
under this chapter, to educational institutions, training es-
tablishments, military education personnel, and such other 
persons and entities as the Secretary considers appro-
priate. 
‘‘(c) REGULATIONS.—(1) The Secretary shall pre-
scribe regulations for the administration of this chapter. 
‘‘(2) Any regulations prescribed by the Secretary of 
Defense for purposes of this chapter shall apply uniformly 
across the Armed Forces. 
‘‘§ 3324. Allocation of administration and costs 
‘‘(a) ADMINISTRATION.—Except as otherwise pro-
vided in this chapter, the Secretary shall administer the 
provision of educational assistance under this chapter. 
‘‘(b) COSTS.—Payments for entitlement to edu-
cational assistance earned under this chapter shall be 
made from funds appropriated to, or otherwise made avail-
able to, the Department of Veterans Affairs for the pay-
ment of readjustment benefits.’’. 
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(2) CLERICAL
AMENDMENTS.—The tables of 
chapters at the beginning of title 38, United States 
Code, and at the beginning of part III of such title, 
are each amended by inserting after the item relat-
ing to chapter 32 the following new item: 
‘‘33. Post-9/11 Educational Assistance ....................................... 3301’’. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS RELATING TO DUPLICATION 
OF BENEFITS.— 
(A) Section 3033 of title 38, United States 
Code, is amended— 
(i) in subsection (a)(1), by inserting 
‘‘33,’’ after ‘‘32,’’; and 
(ii) in subsection (c), by striking 
‘‘both the program established by this 
chapter and the program established by 
chapter 106 of title 10’’ and inserting ‘‘two 
or more of the programs established by 
this chapter, chapter 33 of this title, and 
chapters 1606 and 1607 of title 10’’. 
(B) Paragraph (4) of section 3695(a) of 
such title is amended to read as follows: 
‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of 
this title.’’. 
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(C) Section 16163(e) of title 10, United 
States Code, is amended by inserting ‘‘33,’’ 
after ‘‘32,’’. 
(2) ADDITIONAL CONFORMING AMENDMENTS.— 
(A) Title 38, United States Code, is fur-
ther amended by inserting ‘‘33,’’ after ‘‘32,’’ 
each place it appears in the following provi-
sions: 
(i) In subsections (b) and (e)(1) of 
section 3485. 
(ii) In section 3688(b). 
(iii) In subsections (a)(1), (c)(1), 
(c)(1)(G), (d), and (e)(2) of section 3689. 
(iv) In section 3690( b)(3)(A). 
(v) In subsections (a) and (b) of sec-
tion 3692. 
(vi) In section 3697(a). 
(B) Section 3697A(b)(1) of such title is 
amended by striking ‘‘or 32’’ and inserting ‘‘32, 
or 33’’. 
(c) APPLICABILITY TO INDIVIDUALS UNDER MONT-
GOMERY GI BILL PROGRAM.— 
(1) INDIVIDUALS ELIGIBLE TO ELECT PARTICI-
PATION IN POST-9/11 EDUCATIONAL ASSISTANCE.— 
An individual may elect to receive educational assist-
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ance under chapter 33 of title 38, United States 
Code (as added by subsection (a)), if such indi-
vidual— 
(A) as of the date of the enactment of this 
Act— 
(i) is entitled to basic educational as-
sistance under chapter 30 of title 38, 
United States Code, and has used, but re-
tains unused, entitlement under that chap-
ter; 
(ii) is entitled to educational assist-
ance under chapter 107, 1606, or 1607 of 
title 10, United States Code, and has used, 
but retains unused, entitlement under the 
applicable chapter; 
(iii) is entitled to basic educational as-
sistance under chapter 30 of title 38, 
United States Code, but has not used any 
entitlement under that chapter; 
(iv) is entitled to educational assist-
ance under chapter 107, 1606, or 1607 of 
title 10, United States Code, but has not 
used any entitlement under such chapter; 
(v) is a member of the Armed Forces 
who is eligible for receipt of basic edu-
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cational assistance under chapter 30 of 
title 38, United States Code, and is mak-
ing contributions toward such assistance 
under section 3011(b) or 3012(c) of such 
title; or 
(vi) is a member of the Armed Forces 
who is not entitled to basic educational as-
sistance under chapter 30 of title 38, 
United States Code, by reason of an elec-
tion 
under 
section 
3011(c)(1) 
or 
3012(d)(1) of such title; and 
(B) as of the date of the individual’s elec-
tion under this paragraph, meets the require-
ments for entitlement to educational assistance 
under chapter 33 of title 38, United States 
Code (as so added). 
(2) ELECTION
ON
TREATMENT
OF
TRANS-
FERRED ENTITLEMENT.— 
(A) ELECTION.—If, on the date an indi-
vidual described in subparagraph (A)(i) or 
(A)(iii) of paragraph (1) makes an election 
under that paragraph, a transfer of the entitle-
ment of the individual to basic educational as-
sistance under section 3020 of title 38, United 
States Code, is in effect and a number of 
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months of the entitlement so transferred remain 
unutilized, the individual may elect to revoke all 
or a portion of the entitlement so transferred 
that remains unutilized. 
(B) AVAILABILITY OF REVOKED ENTITLE-
MENT.—Any entitlement revoked by an indi-
vidual under this paragraph shall no longer be 
available to the dependent to whom transferred, 
but shall be available to the individual instead 
for educational assistance under chapter 33 of 
title 38, United States Code (as so added), as 
provided in paragraph (3)(B). 
(C) AVAILABILITY OF UNREVOKED ENTI-
TLEMENT.—Any entitlement described in sub-
paragraph (A) that is not revoked by an indi-
vidual in accordance with that subparagraph 
shall remain available to the dependent or de-
pendents concerned in accordance with the cur-
rent transfer of such entitlement under section 
3020 of title 38, United States Code. 
(3) POST-9/11 EDUCATIONAL ASSISTANCE.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), an individual making an election 
under paragraph (1) shall be entitled to edu-
cational assistance under chapter 33 of title 38, 
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United States Code (as so added), in accord-
ance with the provisions of such chapter, in-
stead of basic educational assistance under 
chapter 30 of title 38, United States Code, or 
educational assistance under chapter 107, 
1606, or 1607 of title 10, United States Code, 
as applicable. 
(B) LIMITATION
ON
ENTITLEMENT
FOR 
CERTAIN INDIVIDUALS.—In the case of an indi-
vidual making an election under paragraph (1) 
who is described by subparagraph (A)(i) of that 
paragraph, the number of months of entitle-
ment of such individual to educational assist-
ance under chapter 33 of title 38, United 
States Code (as so added), shall be the number 
of months equal to the number of months of 
unused entitlement of such individual under 
chapter 30 of title 38, United States Code, as 
of the date of the election, including any num-
ber of months entitlement revoked by the indi-
vidual under paragraph (2)(A). 
(4) CONTINUING
EDUCATIONAL
ASSISTANCE 
UNDER MONTGOMERY GI BILL.— 
(A) 
IN
GENERAL.—If 
the 
aggregate 
amount of entitlement to educational assistance 
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under chapter 33 of title 38, United States 
Code (as so added), accumulated by an indi-
vidual described in subparagraph (A)(i) or 
(A)(ii) of paragraph (1) who makes an election 
under that paragraph is less than 36 months, 
the individual shall retain, and may utilize, any 
unutilized entitlement of the individual to edu-
cational assistance under chapter 30 of title 38, 
United States Code, or chapter 107, 1606, or 
1607 of title 10, United States Code, as appli-
cable, for a number of months equal to the less-
er of— 
(i) 36 months minus the number of 
months of entitlement so accumulated by 
the individual; or 
(ii) the number of months of such un-
utilized entitlement of the individual. 
(B) UTILIZATION OF RETAINED ENTITLE-
MENT.—The utilization of entitlement retained 
by an individual under this paragraph shall be 
governed by the provisions of chapter 30 of title 
38, United States Code, or chapter 107, 1606, 
or 1607 of title 10, United States Code, as ap-
plicable. 
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(5) TREATMENT OF CONTRIBUTIONS TOWARD 
BASIC EDUCATIONAL ASSISTANCE.— 
(A) REFUND OF CONTRIBUTIONS.—Except 
as provided in subparagraph (B), the Secretary 
of Veterans Affairs shall pay to each individual 
making an election under paragraph (1) who is 
described by clause (i), (iii), or (v) of subpara-
graph (A) of that paragraph an amount equal 
to the total amount of contributions made by 
such individual under subchapter II of chapter 
30 of title 38, United States Code, for basic 
educational assistance under that chapter, in-
cluding any contributions made under sub-
section (b) or (e) of section 3011 of such title 
or any contributions made under subsection (c) 
or (f) of section 3012 of such title. 
(B) EXCEPTION.—In the case of an indi-
vidual described by subparagraph (A) who is 
entitled to basic educational assistance under 
chapter 30 of title 38, United States Code, by 
reason of paragraph (4)(A), the amount payable 
to the individual under this paragraph shall be 
an amount equal to— 
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(i) the amount otherwise payable to 
the individual under subparagraph (A), 
multiplied by 
(ii) a fraction— 
(I) the numerator of which is the 
number equal to the number of 
months of basic educational assistance 
under chapter 30 of title 38, United 
States Code, to which the individual is 
entitled 
by 
reason 
of 
paragraph 
(4)(A); and 
(II) the denominator of which is 
36. 
(C) CESSATION OF CONTRIBUTIONS.—Ef-
fective as of the first month beginning on or 
after the date of an election under paragraph 
(1) of an individual described by subparagraph 
(A)(v) of that paragraph, the obligation of such 
individual to make contributions under section 
3011(b) or 3012(c) of title 38, United States 
Code, as applicable, shall cease, and the re-
quirements of such section shall be deemed to 
be no longer applicable to such person. 
(6) TERMINATION
OF
ENTITLEMENT
UNDER 
MONTGOMERY GI BILL.—Except as otherwise pro-
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vided in paragraph (4), effective on the last day of 
the month in which an individual makes an election 
under paragraph (1), the entitlement, if any, of the 
individual to basic educational assistance under 
chapter 30 of title 38, United States Code, or edu-
cational assistance under chapter 107, 1606, or 
1607 of title 10, United States Code, as applicable, 
shall terminate. 
(7) IRREVOCABILITY OF ELECTIONS.—An elec-
tion under paragraph (1) or (2)(A) is irrevocable. 
SEC. 3. TREATMENT AS OTHER FINANCIAL AID. 
Section 480(j)(1) of the Higher Education Act of 
1965 (20 U.S.C. 1087vv(j)(1)) is amended— 
(1) by striking ‘‘veterans’ education benefits as 
in subsection (c) of this section, and’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, but excluding any payments of edu-
cational assistance to veterans under title 38, United 
States Code, and to members of the Selected Re-
serve under chapters 1606 and 1607 of title 10, 
United States Code’’. 
Æ 
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