I 
110TH CONGRESS 
2D SESSION 
H. R. 5947 
To amend title 38, United States Code, to establish a returning soldiers’ 
bill of rights. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2008 
Mr. KING of New York (for himself, Mrs. MCCARTHY of New York, Mr. 
FOSSELLA, Mr. REYNOLDS, and Mr. KUHL of New York) introduced the 
following bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to establish a 
returning soldiers’ bill of rights. 
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 ‘‘Returning Soldiers’ 
Bill of Rights Act’’. 
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TITLE I—EDUCATION 
SEC. 101. EDUCATIONAL ASSISTANCE FOR MEMBERS OF 
THE ARMED FORCES WHO SERVE IN SUP-
PORT OF A CONTINGENCY OPERATION AFTER 
SEPTEMBER 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—BASIC EDUCATIONAL AS-
SISTANCE FOR SERVICE IN SUPPORT 
OF A CONTINGENCY OPERATION 
‘‘SUBCHAPTER I—DEFINITIONS 
‘‘Sec. 3301. Definitions. 
‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 
‘‘Sec. 3311. Educational assistance for service in the Armed Forces on or after 
September 11, 2001: entitlement. 
‘‘Sec. 3312. Educational assistance: duration. 
‘‘Sec. 3313. Educational assistance: amount; payment. 
‘‘Sec. 3314. Tutorial assistance. 
‘‘Sec. 3315. Licensure and certification tests. 
‘‘Sec. 3316. Supplemental educational assistance for additional service. 
‘‘Sec. 3317. Transfer of entitlement to basic educational assistance. 
‘‘Sec. 3318. Use of educational assistance benefits for the repayment of Federal 
student loans for certain courses of education. 
‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS 
‘‘Sec. 3321. Time limitation for use of and eligibility for entitlement. 
‘‘Sec. 3322. Bar to duplication of educational assistance benefits. 
‘‘Sec. 3323. Administration. 
‘‘Sec. 3324. Allocation of administration and costs. 
‘‘SUBCHAPTER I—DEFINITIONS 
‘‘§ 3301. Definitions 
‘‘In this chapter: 
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‘‘(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): 
‘‘(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 ‘contingency operation’ has the 
meaning given such term under section 101(a)(13) 
of title 10, United States Code. 
‘‘(3) 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). 
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‘‘(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. 
‘‘(4) 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 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 (including an 
individual as a Reserve) who— 
‘‘(1) on or after September 11, 2001, serves an 
aggregate of at least 6 months on active duty in the 
Armed Forces in support of a contingency operation; 
and 
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‘‘(2) after completion of service described in 
paragraph (1)— 
‘‘(A) continues on active duty; or 
‘‘(B) 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 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 service-connected disability; 
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‘‘(B) 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; 
‘‘(C) hardship; or 
‘‘(D) 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) CONTRIBUTION.—(1) Except as provided in 
paragraph (2), the basic pay of any individual described 
in subsection (b) who elects to receive educational assist-
ance under this chapter shall be reduced by $100 for each 
of the first 12 months that such individual is entitled to 
such pay. 
‘‘(2) In the case of an individual covered by para-
graph (1) who is a member of the Selected Reserve, the 
Secretary of Defense shall collect from the individual an 
amount equal to $1,200 not later than one year after com-
pletion by the individual of the two years of service on 
active duty providing the basis for such entitlement. The 
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Secretary of Defense may collect such amount through re-
ductions in basic pay in accordance with paragraph (1) 
or through such other method as the Secretary of Defense 
considers appropriate. 
‘‘(3) Any amount by which the basic pay of an indi-
vidual is reduced under this subsection shall revert to the 
Treasury and shall not, for purposes of any Federal law, 
be considered to have been received by or to be within the 
control of such individual. 
‘‘§ 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— 
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