H. R. 2642—34 
account of such State in the Unemployment Trust Fund (as so 
established). 
(c) ASSISTANCE TO STATES.—There are appropriated out of the 
employment security administration account (as established by sec-
tion 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 appro-
priated from the general fund of the Treasury, without fiscal year 
limitation, to the extended unemployment compensation account 
(as so established) of the Unemployment Trust Fund (as so estab-
lished) such sums as the Secretary estimates to be necessary to 
make the payments 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 knowingly has 
made, or caused to be made by another, a false statement or 
representation of a material fact, or knowingly has failed, or caused 
another to fail, to disclose a material fact, and as a result of 
such false statement or representation or of such nondisclosure 
such individual has received an amount of emergency unemploy-
ment compensation under this title to which such individual was 
not entitled, such individual— 
(1) shall be ineligible for further emergency unemployment 
compensation under this title in accordance with the provisions 
of the applicable State unemployment compensation law 
relating to fraud in connection with a claim for unemployment 
compensation; 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 compensation under this title 
to which they were not entitled, the State shall require such individ-
uals to repay the amounts of such emergency unemployment com-
pensation to the State agency, except that the State agency may 
waive such repayment if it determines that— 
(1) the payment of such emergency unemployment com-
pensation was without fault on the part of any such individual; 
and 
(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 deductions from any 
emergency unemployment compensation payable to such indi-
vidual under this title or from any unemployment compensation 
payable to such individual under any State or Federal 
unemployment compensation law administered by the State
H. R. 2642—35 
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 respect to any week of unemploy-
ment, during the 3-year period after the date such individuals 
received the payment of the emergency unemployment com-
pensation 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. 
(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 Unemployment 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 agreement is 
entered into; and 
(2) ending on or before March 31, 2009. 
(b) TRANSITION FOR AMOUNT REMAINING IN ACCOUNT.— 
(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 March 31, 2009, emergency unemploy-
ment compensation shall continue to be payable to such indi-
vidual from such amounts for any week beginning after such 
last day for which the individual meets the eligibility require-
ments 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:
H. R. 2642—36 
(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 offering edu-
cational assistance to millions of veterans, as demonstrated 
by the many ‘‘G.I. Bills’’ enacted since World War II. Edu-
cational assistance for veterans helps reduce the costs of war, 
assist veterans in 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 read-
justing 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 worthy of such service and are 
commensurate with the educational assistance benefits pro-
vided 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 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: 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 relocating 
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.
H. R. 2642—37 
‘‘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 active 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 Individual 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 pro-
vided in section 3313. 
‘‘(4) The term ‘Secretary of Defense’ means the Secretary 
of Defense, except that the term means the Secretary of Home-
land Security with respect to the 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 subpara-
graph (A)— 
‘‘(i) continues on active duty; or 
‘‘(ii) is discharged or released from active duty 
as described in subsection (c). 
‘‘(2) An individual who—
H. R. 2642—38 
‘‘(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 subpara-
graph (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 subpara-
graph (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 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 subpara-
graph (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 subpara-
graph (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, 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 subpara-
graph (A)— 
‘‘(i) continues on active duty for an aggregate of 
less than 18 months; or
H. R. 2642—39 
‘‘(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 
‘‘(B) after completion of service described in subpara-
graph (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 subpara-
graph (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 discharge or 
release from active duty of an individual described 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 concerned as honorable 
service and placement on the retired list, transfer to the Fleet 
Reserve or Fleet Marine 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 characterized 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 not result from the 
individual’s own willful misconduct but did interfere with 
the individual’s performance of duty, as determined by 
the Secretary 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
H. R. 2642—40 
an individual’s entitlement to educational assistance under this 
chapter is based: 
‘‘(1) A period of service on active duty of an officer pursuant 
to an agreement under section 2107(b) of title 10. 
‘‘(2) A period of service on active duty of an officer pursuant 
to an agreement under section 4348, 6959, or 9348 of title 
10. 
‘‘(3) A period of service that is terminated because 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 entitled to educational 
assistance under this chapter is entitled by reason of both para-
graphs (4) and (5) of subsection (b), the individual shall be treated 
as being entitled to educational assistance under this chapter by 
reason of paragraph (5) of subsection (b). 
‘‘§ 3312. Educational assistance: duration 
‘‘(a) IN GENERAL.—Subject to section 3695 and except as pro-
vided 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 equal to 36 months. 
‘‘(b) CONTINUING RECEIPT.—The receipt of educational assist-
ance under section 3313 by an individual entitled 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 concerned under this chapter; 
or 
‘‘(B) be counted against the aggregate period for which 
section 3695 limits the individual’s receipt of educational 
assistance under this chapter. 
‘‘(2) DESCRIPTION
OF
PAYMENT
OF
EDUCATIONAL
ASSIST-
ANCE.—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 this chapter if the Secretary finds that the individual— 
‘‘(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 ordered 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 pursuit as a result 
of being ordered to a new duty location or assignment 
or to perform an increased amount of work; and 
‘‘(B) failed to receive credit or lost training time toward 
completion of the individual’s approved education, profes-
sional, or vocational objective as a result of having to 
discontinue, as described in subparagraph (A), the individ-
ual’s course pursuit.
H. R. 2642—41 
‘‘(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 
the course or courses from which the individual failed to receive 
credit or with respect to which the individual lost training 
time, as determined under paragraph (2)(B). 
‘‘§ 3313. Educational assistance: amount; payment 
‘‘(a) PAYMENT.—The Secretary shall pay to each individual enti-
tled 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 educational costs for pursuit of such program of 
education. 
‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A program of edu-
cation 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 pay-
able under this subsection for pursuit of an approved program 
of education are amounts as follows: 
‘‘(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), amounts as follows: 
‘‘(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 established charges regularly charged in-State 
students for full-time pursuit of approved programs of edu-
cation for undergraduates by the public institution 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 
established charges for such programs of education among 
all public institutions of higher education in such State 
offering such programs of education. 
‘‘(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 assist-
ance under this section only, a program of education 
offered through distance learning), a monthly housing 
stipend amount equal to the monthly amount of the 
basic allowance for housing payable under section 403 
of title 37 for a member with dependents in pay grade 
E–5 residing in the military housing area that encom-
passes all or the majority portion of the ZIP code 
area in which is located the institution of higher edu-
cation at which the individual is enrolled. 
‘‘(ii) For the first month of each quarter, semester, 
or term, as applicable, of the program of education 
pursued by the individual, a lump sum amount for 
books, supplies, equipment, and other educational costs
H. R. 2642—42 
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 edu-
cation that such quarter, semester, or term con-
stitutes. 
‘‘(2) In the case of an individual entitled to educational 
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 program of education under paragraph (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), 
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 paragraph (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), 
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 program of education under paragraph (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), 
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 paragraph (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), 
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 paragraph (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), 
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 program of education under paragraph (1) rather than 
this paragraph. 
‘‘(d) FREQUENCY OF PAYMENT.— 
‘‘(1) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment 
of the amounts payable under subsection (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 for the entire quarter, semester, or term, as applicable, 
of the program of education.
H. R. 2642—43 
‘‘(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 prescribe in regu-
lations methods for determining the number of months 
(including fractions thereof) of entitlement of an individual 
to educational assistance this chapter that are chargeable under 
this chapter for an advance payment of amounts under para-
graphs (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— 
‘‘(A) 
the 
established 
charges 
which 
similarly 
circumstanced nonveterans enrolled in the program of edu-
cation involved would be required to pay; or 
‘‘(B) the amount of the charges of the educational 
institution as elected by the individual in the manner speci-
fied in section 3014(b)(1) 
‘‘(3) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment 
of the amount payable under paragraph (2) for pursuit of a 
program of education shall be made for the entire quarter, 
semester, or term, as applicable, of the program of education. 
‘‘(4) MONTHLY PAYMENTS.—For each month (as determined 
pursuant to the methods prescribed under subsection (d)(3)) 
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 HALF-TIME BASIS 
OR LESS.— 
‘‘(1) IN GENERAL.—Educational assistance is payable under 
this chapter for pursuit of an approved program of education 
on half-time basis or less. 
‘‘(2) AMOUNT OF ASSISTANCE.—The educational assistance 
payable under this chapter to an individual pursuing a program 
of education on half-time basis or less is the amounts as follows: 
‘‘(A) The amount equal to the lesser of— 
‘‘(i) the established charges which similarly 
circumstanced nonveterans enrolled in the program 
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 provi-
sions of paragraphs (2) through (7) of subsection (c) 
applicable to the individual, for the program of edu-
cation if the individual were entitled to amounts for 
the program of education under subsection (c) rather 
than this subsection. 
‘‘(B) A stipend in an amount equal to the amount 
of the appropriately reduced amount of the lump sum
H. R. 2642—44 
amount for books, supplies, equipment, and other edu-
cational costs otherwise payable to the individual under 
subsection (c). 
‘‘(3) QUARTER, TERM, OR SEMESTER PAYMENTS.—Payment 
of the amounts payable to an individual under paragraph (2) 
for pursuit of a program of education on half-time basis or 
less shall be made for the entire quarter, semester, or term, 
as applicable, of the program of education. 
‘‘(4) MONTHLY PAYMENTS.—For each month (as determined 
pursuant to the methods prescribed under subsection (d)(3)) 
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 involved, divided 
by 
‘‘(B) the number of course hours for full-time pursuit 
of such program of education. 
‘‘(g) PAYMENT
OF ESTABLISHED CHARGES
TO EDUCATIONAL 
INSTITUTIONS.—Amounts payable under subsections (c)(1)(A) (and 
of similar amounts payable under paragraphs (2) through (7) of 
subsection (c)), (e)(2), and (f)(2)(A) shall be paid directly to the 
educational institution concerned. 
‘‘(h) ESTABLISHED CHARGES DEFINED.— 
‘‘(1) IN GENERAL.—In this section, the term ‘established 
charges’, in the case of a program of education, means the 
actual charges (as determined pursuant to regulations pre-
scribed by the Secretary) for tuition and fees which similarly 
circumstanced nonveterans enrolled in the program of education 
would be required to pay. 
‘‘(2) BASIS OF DETERMINATION.—Established charges shall 
be determined for purposes 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 individual 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. 
‘‘§ 3314. Tutorial assistance 
‘‘(a) IN GENERAL.—Subject to subsection (b), an individual enti-
tled to educational assistance under this chapter shall also be 
entitled to benefits provided an eligible veteran under section 3492. 
‘‘(b) CONDITIONS.— 
‘‘(1) IN
GENERAL.—The provision of benefits under sub-
section (a) shall be subject to the conditions applicable to an 
eligible veteran under section 3492. 
‘‘(2) CERTIFICATION.—In addition to the conditions specified 
in paragraph (1), benefits may not be provided to an individual 
under subsection (a) unless the professor or other individual 
teaching, leading, or giving the course for which such benefits 
are provided certifies that—
H. R. 2642—45 
‘‘(A) such benefits are essential to correct a deficiency 
of the individual in such course; and 
‘‘(B) such course is required as a part of, or is pre-
requisite or indispensable to the satisfactory pursuit of, 
an approved program of education. 
‘‘(c) AMOUNT.— 
‘‘(1) IN
GENERAL.—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) AS ADDITIONAL ASSISTANCE.—The amount provided an 
individual under this subsection is in addition to the amounts 
of educational assistance paid the individual under section 
3313. 
‘‘(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 educational assist-
ance under this chapter shall also be entitled to payment for one 
licensing or certification test described in section 3452(b). 
‘‘(b) LIMITATION ON AMOUNT.—The amount payable under sub-
section (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 addition to any other edu-
cational assistance benefits provided the individual under this 
chapter. 
‘‘§ 3316. Supplemental educational assistance: members with 
critical skills or specialty; members serving addi-
tional service 
‘‘(a) INCREASED ASSISTANCE
FOR MEMBERS WITH CRITICAL 
SKILLS OR SPECIALTY.— 
‘‘(1) IN GENERAL.—In the case of an individual who has 
a skill or specialty designated by the Secretary concerned as 
a skill or specialty in which there is a critical shortage of 
personnel or for which it is difficult to recruit or, in the case 
of critical units, retain personnel, the Secretary concerned may 
increase the monthly amount of educational assistance other-
wise payable to the individual under paragraph (1)(B) of section 
3313(c), or under paragraphs (2) through (7) of such section 
(as applicable). 
‘‘(2) MAXIMUM AMOUNT OF INCREASE IN ASSISTANCE.—The 
amount of the increase in educational assistance authorized 
by paragraph (1) may not exceed the amount equal to the 
monthly amount of increased basic educational assistance 
providable under section 3015(d)(1) at the time of the increase 
under paragraph (1). 
‘‘(b) SUPPLEMENTAL ASSISTANCE
FOR ADDITIONAL SERVICE.— 
‘‘(1) IN GENERAL.—The Secretary concerned may provide 
for the payment to an individual entitled to educational assist-
ance under this chapter of supplemental educational assistance
H. R. 2642—46 
for additional service authorized by subchapter III of chapter 
30. The amount so payable shall be payable as an increase 
in the monthly amount of educational assistance otherwise 
payable to the individual under paragraph (1)(B) of section 
3313(c), or under paragraphs (2) through (7) of such section 
(as applicable). 
‘‘(2) ELIGIBILITY.—Eligibility for supplement educational 
assistance under this subsection shall be determined in accord-
ance with the provisions of subchapter III of chapter 30, except 
that any reference in such provisions to eligibility for basic 
educational assistance under a provision of subchapter II of 
chapter 30 shall be treated as a reference to eligibility for 
educational assistance under the appropriate provision of this 
chapter. 
‘‘(3) AMOUNT.—The amount of supplemental educational 
assistance payable under this subsection shall be the amount 
equal to the monthly amount of supplemental educational pay-
able under section 3022. 
‘‘(c) REGULATIONS.—The Secretaries concerned shall administer 
this section in accordance with such regulations as the Secretary 
of Defense shall prescribe. 
‘‘§ 3317. Public-private contributions for additional edu-
cational assistance 
‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances where the edu-
cational assistance provided pursuant to section 3313(c)(1)(A) does 
not cover the full cost of established charges (as specified in section 
3313), the Secretary shall carry out a program under which colleges 
and universities can, voluntarily, enter into an agreement with 
the Secretary to cover a portion of those established charges not 
otherwise covered under section 3313(c)(1)(A), which contributions 
shall be matched by equivalent contributions toward such costs 
by the Secretary. The program shall only apply to covered individ-
uals described in paragraphs (1) and (2) of section 3311(b). 
‘‘(b) DESIGNATION OF PROGRAM.—The program under this sec-
tion shall be known as the ‘Yellow Ribbon G.I. Education Enhance-
ment 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 agreement 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
GENERAL.—In instances where the educational 
assistance provided an individual under section 3313(c)(1)(A) 
does not cover 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
H. R. 2642—47 
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) USE OF APPROPRIATED FUNDS.—Amounts available to 
the Secretary under section 3324(b) 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 participating in the program 
under this section. The list shall specify, for each college or univer-
sity so listed, appropriate information on the agreement between 
the Secretary and such college or university under subsection (c). 
‘‘§ 3318. Additional assistance: relocation or travel assistance 
for individual relocating or traveling significant 
distance for pursuit of a program of education 
‘‘(a) ADDITIONAL ASSISTANCE.—Each individual described in 
subsection (b) shall be paid additional assistance under this section 
in the amount of $500. 
‘‘(b) COVERED INDIVIDUALS.—An individual described in this 
subsection is any individual entitled to educational assistance under 
this chapter— 
‘‘(1) who resides in a county (or similar entity utilized 
by the Bureau of the Census) with less than seven persons 
per square mile, according to the most recent decennial Census; 
and 
‘‘(2) who— 
‘‘(A) physically relocates a distance of at least 500 
miles in order to pursue a program of education for which 
the individual utilizes educational assistance under this 
chapter; or 
‘‘(B) travels by air to physically attend an institution 
of higher education for pursuit of such a program of edu-
cation because the individual cannot travel to such institu-
tion by automobile or other established form of transpor-
tation due to an absence of road or other infrastructure. 
‘‘(c) PROOF OF RESIDENCE.—For purposes of subsection (b)(1), 
an individual may demonstrate the individual’s place of residence 
utilizing any of the following: 
‘‘(1) DD Form 214, Certification of Release or Discharge 
from Active Duty. 
‘‘(2) The most recent Federal income tax return. 
‘‘(3) Such other evidence as the Secretary shall prescribe 
for purposes of this section. 
‘‘(d) SINGLE PAYMENT OF ASSISTANCE.—An individual is entitled 
to only one payment of additional assistance under this section. 
‘‘(e) NO CHARGE AGAINST ENTITLEMENT.—Any amount paid an 
individual under this section is in addition to any other educational 
assistance benefits provided the individual under this chapter. 
‘‘§ 3319. Authority to transfer unused education benefits to 
family members 
‘‘(a) IN GENERAL.—Subject to the provisions of this section, 
the Secretary of Defense may authorize the Secretary concerned, 
to promote recruitment and retention of members of the Armed 
Forces, to permit an individual described in subsection (b) who
H. R. 2642—48 
is entitled to educational assistance under this chapter to elect 
to transfer to one or more of the dependents specified in subsection 
(c) a portion of such individual’s entitlement to such assistance, 
subject to the limitation under subsection (d). 
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in sub-
section (a) is any member of the Armed Forces who, at the time 
of the approval of the individual’s request to transfer entitlement 
to educational assistance under this section, has completed at 
least— 
‘‘(1) six years of service in the armed forces and enters 
into an agreement to serve at least four more years as a 
member of the Armed Forces; or 
‘‘(2) the years of service as determined in regulations pursu-
ant to section (k). 
‘‘(c) ELIGIBLE DEPENDENTS.—An individual approved to transfer 
an entitlement to educational assistance under this section may 
transfer the individual’s entitlement as follows: 
‘‘(1) To the individual’s spouse. 
‘‘(2) To one or more of the individual’s children. 
‘‘(3) To a combination of the individuals referred to in 
paragraphs (1) and (2). 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 
of months of entitlement transferred by a individual under this 
section may not exceed 36 months. The Secretary of Defense may 
prescribe regulations that would limit the months of entitlement 
that may be transferred under this section to no less than 18 
months. 
‘‘(e) DESIGNATION OF TRANSFEREE.—An individual transferring 
an entitlement to educational assistance under this section shall— 
‘‘(1) designate the dependent or dependents to whom such 
entitlement is being transferred; 
‘‘(2) designate the number of months of such entitlement 
to be transferred to each such dependent; and 
‘‘(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1). 
‘‘(f) TIME
FOR TRANSFER; REVOCATION
AND MODIFICATION.— 
‘‘(1) TIME FOR TRANSFER.—Subject to the time limitation 
for use of entitlement under section 3321 an individual 
approved to transfer entitlement to educational assistance 
under this section may transfer such entitlement only while 
serving as a member of the armed forces when the transfer 
is executed. 
‘‘(2) MODIFICATION OR REVOCATION.— 
‘‘(A) IN GENERAL.—An individual transferring entitle-
ment under this section may modify or revoke at any 
time the transfer of any unused portion of the entitlement 
so transferred. 
‘‘(B) NOTICE.—The modification or revocation of the 
transfer of entitlement under this paragraph shall be made 
by the submittal of written notice of the action to both 
the Secretary concerned and the Secretary of Veterans 
Affairs. 
‘‘(3) PROHIBITION ON TREATMENT OF TRANSFERRED ENTITLE-
MENT AS MARITAL PROPERTY.—Entitlement transferred under 
this section may not be treated as marital property, or the 
asset of a marital estate, subject to division in a divorce or 
other civil proceeding.
H. R. 2642—49 
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitle-
ment to educational assistance is transferred under this section 
may not commence the use of the transferred entitlement until— 
‘‘(1) in the case of entitlement transferred to a spouse, 
the completion by the individual making the transfer of at 
least— 
‘‘(A) six years of service in the armed forces; or 
‘‘(B) the years of service as determined in regulations 
pursuant to subsection (j); or 
‘‘(2) in the case of entitlement transferred to a child, both— 
‘‘(A) the completion by the individual making the 
transfer of at least— 
‘‘(i) ten years of service in the armed forces; or 
‘‘(ii) the years of service as determined in regula-
tions pursuant to subsection (j); and 
‘‘(B) either— 
‘‘(i) the completion by the child of the requirements 
of a secondary school diploma (or equivalency certifi-
cate); or 
‘‘(ii) the attainment by the child of 18 years of 
age. 
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.— 
‘‘(1) USE.—The use of any entitlement to educational assist-
ance transferred under this section shall be charged against 
the entitlement of the individual making the transfer at the 
rate of one month for each month of transferred entitlement 
that is used. 
‘‘(2) NATURE
OF
TRANSFERRED
ENTITLEMENT.—Except as 
provided under subsection (e)(2) and subject to paragraphs 
(5) and (6)— 
‘‘(A) in the case of entitlement transferred to a spouse 
under this section, the spouse is entitled to educational 
assistance under this chapter in the same manner as the 
individual from whom the entitlement was transferred; 
or 
‘‘(B) in the case of entitlement transferred to a child 
under this section, the child is entitled to educational 
assistance under this chapter in the same manner as the 
individual from whom the entitlement was transferred as 
if the individual were not on active duty. 
‘‘(3) RATE OF PAYMENT.—The monthly rate of educational 
assistance payable to a dependent to whom entitlement referred 
to in paragraph (2) is transferred under this section shall 
be payable— 
‘‘(A) in the case of a spouse, at the same rate as 
such entitlement would otherwise be payable under this 
chapter to the individual making the transfer; or 
‘‘(B) in the case of a child, at the same rate as such 
entitlement would otherwise be payable under this chapter 
to the individual making the transfer as if the individual 
were not on active duty. 
‘‘(4) DEATH OF TRANSFEROR.—The death of an individual 
transferring an entitlement under this section shall not affect 
the use of the entitlement by the dependent to whom the 
entitlement is transferred. 
‘‘(5) LIMITATION ON AGE OF USE BY CHILD TRANSFEREES.— 
A child to whom entitlement is transferred under this section
H. R. 2642—50 
may use the benefit without regard to the 15-year delimiting 
date, but may not use any entitlement so transferred after 
attaining the age of 26 years. 
‘‘(6) SCOPE
OF
USE
BY
TRANSFEREES.—The purposes for 
which a dependent to whom entitlement is transferred under 
this section may use such entitlement shall include the pursuit 
and completion of the requirements of a secondary school 
diploma (or equivalency certificate). 
‘‘(7) 
ADDITIONAL
ADMINISTRATIVE
PROVISIONS.—The 
administrative provisions of this chapter shall apply to the 
use of entitlement transferred under this section, except that 
the dependent to whom the entitlement is transferred shall 
be treated as the eligible individual for purposes of such provi-
sions. 
‘‘(i) OVERPAYMENT.— 
‘‘(1) JOINT
AND
SEVERAL
LIABILITY.—In the event of an 
overpayment of educational assistance with respect to a 
dependent to whom entitlement is transferred under this sec-
tion, the dependent and the individual making the transfer 
shall be jointly and severally liable to the United States for 
the amount of the overpayment for purposes of section 3685. 
‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), if an individual transferring entitlement under this 
section fails to complete the service agreed to by the indi-
vidual under subsection (b)(1) in accordance with the terms 
of the agreement of the individual under that subsection, 
the amount of any transferred entitlement under this sec-
tion that is used by a dependent of the individual as 
of the date of such failure shall be treated as an overpay-
ment of educational assistance under paragraph (1). 
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 
in the case of an individual who fails to complete service 
agreed to by the individual— 
‘‘(i) by reason of the death of the individual; or 
‘‘(ii) for a reason referred to in section 3311(c)(4). 
‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in coordina-
tion with the Secretary of Veterans Affairs, shall prescribe regula-
tions for purposes of this section. 
‘‘(2) Such regulations shall specify— 
‘‘(A) the manner of authorizing the transfer of entitlements 
under this section; 
‘‘(B) the eligibility criteria in accordance with subsection 
(b); and 
‘‘(C) the manner and effect of an election to modify or 
revoke a transfer of entitlement under subsection (f)(2). 
‘‘(k) SECRETARY CONCERNED DEFINED.—Notwithstanding sec-
tion 101(25), in this section, the term ‘Secretary concerned’ means— 
‘‘(1) the Secretary of the Army with respect to matters 
concerning the Army; 
‘‘(2) the Secretary of the Navy with respect to matters 
concerning the Navy or the Marine Corps; 
‘‘(3) the Secretary of the Air Force with respect to matters 
concerning the Air Force; and 
‘‘(4) the Secretary of Defense with respect to matters con-
cerning the Coast Guard, or the Secretary of Homeland Security 
when it is not operating as a service in the Navy.
H. R. 2642—51 
‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS 
‘‘§ 3321. Time limitation for use of and eligibility for entitle-
ment 
‘‘(a) IN GENERAL.—Except as provided in this section, the period 
during which an individual entitled to educational assistance under 
this chapter may use such individual’s entitlement expires at the 
end of the 15-year period beginning on the date of such individual’s 
last discharge or release from active duty. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) APPLICABILITY
OF
SECTION
3031
TO
RUNNING
OF 
PERIOD.—Subsections (b), (c), and (d) of section 3031 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 with respect to the run-
ning of the 10-year period described in section 3031(a). 
‘‘(2) APPLICABILITY OF SECTION 3031 TO TERMINATION.—Sec-
tion 3031(f) shall apply with respect 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 assist-
ance under chapter 30, except that, in the administration of 
such section for purposes of this chapter, the reference to section 
3013 shall be deemed to be a reference to 3312. 
‘‘(3) DETERMINATION
OF
LAST
DISCHARGE
OR
RELEASE.— 
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 individual is discharged or 
released as described in section 3311(b)(2). 
‘‘§ 3322. Bar to duplication of educational assistance benefits 
‘‘(a) IN GENERAL.—An individual entitled to educational assist-
ance under this chapter who is also eligible for educational assist-
ance 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 assistance 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 pur-
poses of repayment of an education loan under chapter 109 of 
title 10 may not be counted as a period of service for entitlement 
to educational assistance under this chapter. 
‘‘(c) SERVICE IN SELECTED RESERVE.—An individual 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. 
‘‘(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 entitlement to educational assistance under
H. R. 2642—52 
chapter 30 of this title, as of August 1, 2009, coordination of entitle-
ment to educational assistance under this chapter, on the one 
hand, and such chapters or provisions, on the other, shall be gov-
erned by the provisions of section 5003(c) of the Post-9/11 Veterans 
Educational Assistance Act of 2008. 
‘‘§ 3323. Administration 
‘‘(a) IN GENERAL.— 
‘‘(1) IN GENERAL.—Except as otherwise provided in this 
chapter, the provisions specified in section 3034(a)(1) shall 
apply to the provision of educational assistance under this 
chapter. 
‘‘(2) SPECIAL
RULE.—In applying the provisions referred 
to in paragraph (1) to an individual entitled to educational 
assistance 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 educational 
assistance under this chapter. 
‘‘(3) RULE FOR APPLYING SECTION 3474.—In applying section 
3474 to an individual 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. 
‘‘(4) RULE FOR APPLYING SECTION 3482.—In applying section 
3482(g) to an individual entitled to educational assistance under 
this chapter for purposes of this section— 
‘‘(A) the first reference to the term ‘educational assist-
ance allowance’ in such section 3482(g) shall be deemed 
to refer to educational assistance payable under section 
3313; 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) TIMING FOR PROVIDING.—The Secretary shall provide 
the information described in paragraph (2) to each member 
of the Armed Forces at such times as the Secretary and the 
Secretary of Defense shall jointly prescribe in regulations. 
‘‘(2) DESCRIPTION
OF
INFORMATION.—The information 
described in this paragraph is information on benefits, limita-
tions, procedures, eligibility requirements (including time-in- 
service requirements), and other important aspects of edu-
cational assistance under this chapter, including application 
forms for such assistance under section 5102. 
‘‘(3) TO
WHOM
PROVIDED.—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 establishments, military education personnel, and such 
other persons and entities as the Secretary considers appro-
priate. 
‘‘(c) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe regulations 
for the administration of this chapter.
H. R. 2642—53 
‘‘(2) UNIFORMITY.—Any regulations prescribed by the Sec-
retary of Defense for purposes of this chapter shall apply uni-
formly across the Armed Forces. 
‘‘§ 3324. Allocation of administration and costs 
‘‘(a) ADMINISTRATION.—Except as otherwise provided in this 
chapter, the Secretary shall administer the provision of educational 
assistance under this chapter. 
‘‘(b) COSTS.—Payments for entitlement to educational assistance 
earned under this chapter shall be made from funds appropriated 
to, or otherwise made available to, the Department for the payment 
of readjustment benefits.’’. 
(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 relating to chapter 32 the following new item: 
‘‘33. Post-9/11 Educational Assistance ............................................................3301.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS RELATING
TO DUPLICATION
OF BENE-
FITS.— 
(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 estab-
lished 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.’’. 
(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 further amended 
by inserting ‘‘33,’’ after ‘‘32,’’ each place it appears in the 
following provisions: 
(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 section 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 MONTGOMERY GI BILL 
PROGRAM.— 
(1) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPATION IN POST- 
9/11 EDUCATIONAL ASSISTANCE.—An individual may elect to 
receive educational assistance under chapter 33 of title 38, 
United States Code (as added by subsection (a)), if such indi-
vidual— 
(A) as of August 1, 2009—
H. R. 2642—54 
(i) is entitled to basic educational assistance under 
chapter 30 of title 38, United States Code, and has 
used, but retains unused, entitlement under that 
chapter; 
(ii) is entitled to educational assistance 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 assistance 
under chapter 30 of title 38, United States Code, but 
has not used any entitlement under that chapter; 
(iv) is entitled to educational assistance 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 educational assistance under 
chapter 30 of title 38, United States Code, and is 
making 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 assistance under chapter 
30 of title 38, United States Code, by reason of an 
election under section 3011(c)(1) or 3012(d)(1) of such 
title; and 
(B) as of the date of the individual’s election under 
this paragraph, meets the requirements for entitlement 
to educational assistance under chapter 33 of title 38, 
United States Code (as so added). 
(2) CESSATION OF CONTRIBUTIONS TOWARD GI BILL.—Effec-
tive 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 
the individual to make contributions under section 3011(b) 
or 3012(c) of title 38, United States Code, as applicable, shall 
cease, and the requirements of such section shall be deemed 
to be no longer applicable to the individual. 
(3) REVOCATION
OF REMAINING TRANSFERRED ENTITLE-
MENT.— 
(A) ELECTION TO REVOKE.—If, on the date an individual 
described in subparagraph (A)(i) or (A)(iii) of paragraph 
(1) makes an election under that paragraph, a transfer 
of the entitlement of the individual to basic educational 
assistance under section 3020 of title 38, United States 
Code, is in effect and a number of 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
ENTITLEMENT.—Any 
entitlement revoked by an individual 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), in accordance with the 
provisions of this subsection. 
(C) AVAILABILITY OF UNREVOKED ENTITLEMENT.—Any 
entitlement described in subparagraph (A) that is not
H. R. 2642—55 
revoked by an individual in accordance with that subpara-
graph shall remain available to the dependent or depend-
ents concerned in accordance with the current transfer 
of such entitlement under section 3020 of title 38, United 
States Code. 
(4) POST-9/11 EDUCATIONAL ASSISTANCE.— 
(A) IN
GENERAL.—Subject to subparagraph (B) and 
except as provided in paragraph (5), an individual making 
an election under paragraph (1) shall be entitled to edu-
cational assistance under chapter 33 of title 38, United 
States Code (as so added), in accordance with the provisions 
of such chapter, instead of 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. 
(B) LIMITATION ON ENTITLEMENT FOR CERTAIN INDIVID-
UALS.—In the case of an individual making an election 
under paragraph (1) who is described by subparagraph 
(A)(i) of that paragraph, the number of months of entitle-
ment of the individual to educational assistance under 
chapter 33 of title 38, United States Code (as so added), 
shall be the number of months equal to— 
(i) the number of months of unused entitlement 
of the individual under chapter 30 of title 38, United 
States Code, as of the date of the election, plus 
(ii) the number of months, if any, of entitlement 
revoked by the individual under paragraph (3)(A). 
(5) CONTINUING ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
NOT AVAILABLE UNDER 9/11 ASSISTANCE PROGRAM.— 
(A) IN GENERAL.—In the event educational assistance 
to which an individual making an election under paragraph 
(1) would be entitled under chapter 30 of title 38, United 
States Code, or chapter 107, 1606, or 1607 of title 10, 
United States Code, as applicable, is not authorized to 
be available to the individual under the provisions of 
chapter 33 of title 38, United States Code (as so added), 
the individual shall remain entitled to such educational 
assistance in accordance with the provisions of the 
applicable chapter. 
(B) CHARGE FOR USE OF ENTITLEMENT.—The utilization 
by an individual of entitlement under subparagraph (A) 
shall be chargeable against the entitlement of the indi-
vidual to educational assistance under chapter 33 of title 
38, United States Code (as so added), at the rate of one 
month of entitlement under such chapter 33 for each month 
of entitlement utilized by the individual under subpara-
graph (A) (as determined as if such entitlement were uti-
lized under the provisions of chapter 30 of title 38, United 
States Code, or chapter 107, 1606, or 1607 of title 10, 
United States Code, as applicable). 
(6) ADDITIONAL
POST-9/11
ASSISTANCE
FOR
MEMBERS 
HAVING MADE CONTRIBUTIONS TOWARD GI BILL.— 
(A) ADDITIONAL ASSISTANCE.—In the case of an indi-
vidual making an election under paragraph (1) who is 
described by clause (i), (iii), or (v) of subparagraph (A) 
of that paragraph, the amount of educational assistance 
payable to the individual under chapter 33 of title 38,
H. R. 2642—56 
United States Code (as so added), as a monthly stipend 
payable under paragraph (1)(B) of section 3313(c) of such 
title, or under paragraphs (2) through (7) of that section 
(as applicable), shall be the amount otherwise payable as 
a monthly stipend under the applicable paragraph 
increased by the amount equal to— 
(i) the total amount of contributions toward basic 
educational assistance made by the individual under 
section 3011(b) or 3012(c) of title 38, United States 
Code, as of the date of the election, multiplied by 
(ii) the fraction— 
(I) the numerator of which is— 
(aa) the number of months of entitlement 
to basic educational assistance under chapter 
30 of title 38, United States Code, remaining 
to the individual at the time of the election; 
plus 
(bb) the number of months, if any, of 
entitlement under such chapter 30 revoked 
by the individual under paragraph (3)(A); and 
(II) the denominator of which is 36 months. 
(B) MONTHS OF REMAINING ENTITLEMENT FOR CERTAIN 
INDIVIDUALS.—In the case of an individual covered by 
subparagraph (A) who is described by paragraph (1)(A)(v), 
the number of months of entitlement to basic educational 
assistance remaining to the individual for purposes of 
subparagraph (A)(ii)(I)(aa) shall be 36 months. 
(C) TIMING OF PAYMENT.—The amount payable with 
respect to an individual under subparagraph (A) shall be 
paid to the individual together with the last payment of 
the monthly stipend payable to the individual under para-
graph (1)(B) of section 3313(c) of title 38, United States 
Code (as so added), or under paragraphs (2) through (7) 
of that section (as applicable), before the exhaustion of 
the individual’s entitlement to educational assistance under 
chapter 33 of such title (as so added). 
(7) CONTINUING ENTITLEMENT TO ADDITIONAL ASSISTANCE 
FOR
CRITICAL
SKILLS
OR
SPECIALITY
AND
ADDITIONAL 
SERVICE.—An individual making an election under paragraph 
(1)(A) who, at the time of the election, is entitled to increased 
educational assistance under section 3015(d) of title 38, United 
States Code, or section 16131(i) of title 10, United States Code, 
or supplemental educational assistance under subchapter III 
of chapter 30 of title 38, United States Code, shall remain 
entitled to such increased educational assistance or supple-
mental educational assistance in the utilization of entitlement 
to educational assistance under chapter 33 of title 38, United 
States Code (as so added), in an amount equal to the quarter, 
semester, or term, as applicable, equivalent of the monthly 
amount of such increased educational assistance or supple-
mental educational assistance payable with respect to the indi-
vidual at the time of the election. 
(8) IRREVOCABILITY
OF
ELECTIONS.—An election under 
paragraph (1) or (3)(A) is irrevocable. 
(d) EFFECTIVE DATE.—This section and the amendments made 
by this section shall take effect on August 1, 2009.
H. R. 2642—57 
INCREASE IN AMOUNTS OF BASIC EDUCATIONAL ASSISTANCE UNDER 
THE MONTGOMERY GI BILL 
SEC. 5004. (a) EDUCATIONAL ASSISTANCE BASED
ON THREE- 
YEAR PERIOD OF OBLIGATED SERVICE.—Subsection (a)(1) of section 
3015 of title 38, United States Code, is amended— 
(1) by striking subparagraphs (A) through (C) and inserting 
the following new subparagraph: 
‘‘(A) for months occurring during the period beginning on 
August 1, 2008, and ending on the last day of fiscal year 
2009, $1,321; and’’; and 
(2) by redesignating subparagraph (D) as subparagraph 
(B). 
(b) EDUCATIONAL ASSISTANCE BASED ON TWO-YEAR PERIOD OF 
OBLIGATED
SERVICE.—Subsection 
(b)(1) 
of 
such 
section 
is 
amended— 
(1) by striking subparagraphs (A) through (C) and inserting 
the following new subparagraph: 
‘‘(A) for months occurring during the period beginning on 
August 1, 2008, and ending on the last day of fiscal year 
2009, $1,073; and’’; and 
(2) by redesignating subparagraph (D) as subparagraph 
(B). 
(c) MODIFICATION OF MECHANISM FOR COST-OF-LIVING ADJUST-
MENTS.—Subsection (h)(1) of such section is amended by striking 
subparagraphs (A) and (B) and inserting the following new subpara-
graphs: 
‘‘(A) the average cost of undergraduate tuition in the 
United States, as determined by the National Center for 
Education Statistics, for the last academic year preceding 
the beginning of the fiscal year for which the increase 
is made, exceeds 
‘‘(B) the average cost of undergraduate tuition in the 
United States, as so determined, for the academic year 
preceding the academic year described in subparagraph 
(A).’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall take effect on August 1, 2008. 
(2) NO COST-OF-LIVING ADJUSTMENT FOR FISCAL YEAR 2009.— 
The adjustment required by subsection (h) of section 3015 of 
title 38, United States Code (as amended by this section), 
in rates of basic educational assistance payable under sub-
sections (a) and (b) of such section (as so amended) shall not 
be made for fiscal year 2009. 
MODIFICATION
OF
AMOUNT
AVAILABLE
FOR
REIMBURSEMENT
OF 
STATE AND LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION 
BENEFITS 
SEC. 5005. Section 3674(a)(4) of title 38, United States Code, 
is amended by striking ‘‘may not exceed’’ and all that follows 
through the end and inserting ‘‘shall be $19,000,000.’’.
H. R. 2642—58 
AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY 
MEMBERS FOR CAREER SERVICE MEMBERS 
SEC. 5006. (a) AUTHORITY TO TRANSFER MONTGOMERY GI BILL 
BENEFITS TO A DEPENDENT.—Section 3020 of title 38, United States 
Code, is amended— 
(1) by striking the section heading and subsections (a) 
and (b) and inserting the following: 
‘‘§ 3020. Authority to transfer unused education benefits to 
family members for career service members 
‘‘(a) IN GENERAL.—Subject to the provisions of this section, 
the Secretary of Defense may authorize the Secretary concerned, 
to promote recruitment and retention of members of the Armed 
Forces, to permit an individual described in subsection (b) who 
is entitled to basic educational assistance under this subchapter 
to elect to transfer to one or more of the dependents specified 
in subsection (c) the unused portion of entitlement to such assist-
ance, subject to the limitation under subsection (d). 
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in sub-
section (a) is any member of the Armed Forces— 
‘‘(1) who, while serving on active duty or as a member 
of the Selected Reserve at the time of the approval by the 
Secretary concerned of the member’s request to transfer entitle-
ment to basic educational assistance under this section, has 
completed six years of service in the Armed Forces and enters 
into an agreement to serve at least four more years as a 
member of the Armed Forces; or 
‘‘(2) as determined in regulations pursuant to subsection 
(k).’’; 
(2) by striking subsection (d) and inserting the following: 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—(1) An individual 
approved to transfer an entitlement to basic educational assistance 
under this section may transfer any unused entitlement to one 
or more of the dependents specified in subsection (c). 
‘‘(2) The total number of months of entitlement transferred 
by an individual under this section may not exceed 36 months. 
The Secretary of Defense may prescribe regulations that would 
limit the months of entitlement that may be transferred under 
this section to no less than 18 months.’’; 
(3) in subsection (f)(1) by striking ‘‘without regard to 
whether’’ and inserting ‘‘only while’’; and 
(4) in subsection (f)(2) by inserting ‘‘as long as the indi-
vidual is serving on active duty or as a member of the Selected 
Reserve’’ after ‘‘so transferred’’; 
(5) by adding at the end of subsection (f) the following: 
‘‘(3) Entitlement transferred under this section may not be 
treated as marital property, or the asset of a marital estate, subject 
to division in a divorce or other civil proceeding.’’; 
(6) in subsection (h)(5) by inserting ‘‘may use the benefit 
without regard to the 10-year delimiting date, but’’ after ‘‘under 
this section’’; and 
(7) by striking subsection (k) and inserting the following: 
‘‘(k) REGULATIONS.—The Secretary of Defense, in coordination 
with the Secretary of Veterans Affairs, shall prescribe regulations 
for purposes of this section. Such regulations shall specify—