(B) ensuring meaningful engagement with 
civil society to monitor efforts to combat drug 
trafficking and related violent crime, judicial re-
form, institution building, and rule of law ac-
tivities to ensure due process and the protection 
of freedom of expression, association, and assem-
bly in accordance with Mexican and inter-
national law; and 
(C) ensuring that, in accordance with ap-
plicable Mexican law, the Mexican armed forces 
and the Federal police forces are cooperating 
with civilian prosecutors and judicial authorities 
in investigating and prosecuting in the civilian 
justice system those individuals, including mili-
tary personnel, who have been credibly alleged 
under Mexican law to have committed violations 
of internationally recognized human rights, and, 
consistent with Mexican and international law, 
is vigorously enforcing the prohibition on the use 
of testimony obtained through torture or other 
ill-treatment. 
(2) The Federal Public Security Secretary and 
the Minister of Defense, respectively, in accordance 
with applicable Mexican law, are suspending or plac-
ing on administrative duty, those members of the
Federal police and armed forces who have been 
credibly alleged under Mexican law, to have com-
mitted violations of internationally recognized human 
rights or participated in corrupt acts and have estab-
lished policies that reward respect for human rights, 
in particular regarding the use of force. 
(3) The Attorney General and other relevant au-
thorities of the Mexican Government are investigating 
and prosecuting members of the Mexican armed forces 
and police forces who have been credibly alleged under 
Mexican law to have committed violations of inter-
nationally recognized human rights. 
(d) EXCEPTION.—Notwithstanding subsections (b) and 
(c), of the funds appropriated by subchapter A for assist-
ance for Mexico under the heading ‘‘International Narcotics 
Control and Law Enforcement’’, $3,000,000 shall be made 
available for technical and other assistance to enable the 
Government of Mexico to implement a unified national reg-
istry encompassing Federal, state, and municipal police of-
ficials, and $5,000,000 may be made available to the Bu-
reau of Alcohol, Tobacco, Firearms and Explosives to deploy 
special agents in Mexico to support Mexican law enforce-
ment agencies in tracing seized firearms and investigating 
firearms trafficking cases: Provided, That section 484(a) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2291c(a))
shall not apply with respect to assistance for Mexico made 
available by this chapter. 
(e) REPORT.—The report required in subsection (b) 
shall include a description of actions taken with respect to 
each requirement specified in subsection (c) and the cases 
or issues brought to the attention of the Secretary of State 
for which the response or action taken has been inadequate. 
(f) VETTING.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the Committees on Appropriations a report, in 
classified form if necessary, detailing the procedures used 
to vet Mexican armed forces and police forces for eligibility 
to receive assistance under this section. 
(g) NOTIFICATION.—Funds made available for Mexico 
by this chapter shall be subject to the regular notification 
procedures of the Committees on Appropriations and sec-
tion 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2394–1). 
(h) SPENDING PLAN.—Not later than 45 days after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the Committees on Appropriations a de-
tailed spending plan for funds appropriated or otherwise 
made available for Mexico by this chapter, which shall in-
clude a strategy for combating drug trafficking and related 
violent crime, judicial reform, institution building, and
rule of law activities, with concrete goals, actions to be 
taken, budget proposals, and anticipated results. 
(i) CONSULTATION.—Not later than 90 days after the 
date of the enactment of this Act, and every 180 days there-
after until September 30, 2010, the Secretary of State shall 
consult with Mexican and internationally recognized 
human rights organizations on progress in meeting the re-
quirements described in subsection (c). 
CENTRAL AMERICA 
SEC. 1405. (a) ASSISTANCE FOR THE COUNTRIES OF 
CENTRAL AMERICA.—Of the funds appropriated in sub-
chapter A under the headings ‘‘International Narcotics 
Control and Law Enforcement’’, ‘‘Foreign Military Financ-
ing 
Program’’, 
‘‘Nonproliferation, 
Anti-Terrorism, 
Demining and Related Programs’’, and ‘‘Economic Sup-
port Fund’’, $61,500,000 shall be made available for assist-
ance for the countries of Central America, Haiti, and the 
Dominican Republic only to combat drug trafficking and 
related violent crime, and for judicial reform, institution 
building, rule of law activities, and maritime security: Pro-
vided, That of the funds appropriated under the heading 
‘‘Economic Support Fund’’, $15,000,000 shall be made 
available through the United States Agency for Inter-
national Development for an Economic and Social Develop-
ment Fund for the countries of Central America: Provided 
further, That of the funds appropriated under the heading
‘‘International Narcotics Control and Law Enforcement’’, 
$2,500,000 shall be made available for assistance for Haiti 
and $2,500,000 shall be made available for assistance for 
the Dominican Republic: Provided further, That none of the 
funds shall be made available for budget support or as cash 
payments: Provided further, That none of the funds shall 
be available for obligation until the Secretary of State deter-
mines and reports to the Committees on Appropriations 
that vetting procedures are in place to ensure that Federal 
and municipal police forces and the armed forces of the 
countries of Central America that may receive assistance 
pursuant to this section have not been involved in human 
rights violations or corrupt acts. 
(b) ALLOCATION OF FUNDS.—(1) Up to 75 percent of 
the funds appropriated under the headings ‘‘International 
Narcotics Control and Law Enforcement’’ and ‘‘Foreign 
Military Financing Program’’ in subchapter A that are 
available for assistance for the countries of Central America 
may be obligated prior to the certification and report by 
the Secretary of State required in paragraph (2). 
(2) The balance of the funds may be obligated not less 
than 120 days after the date of the enactment of this Act 
if, before such obligation, the Secretary of State determines 
and reports to the Committees on Appropriations that the 
requirements in subsection (c) have been met.
(c) REQUIREMENTS.—The requirements referred to in 
subsection (b)(2) are the following: 
(1) The International Law Enforcement Acad-
emy (ILEA) in San Salvador, El Salvador is estab-
lishing a vetting procedure for police and other public 
security officials attending programs at the ILEA. 
(2) The countries of Central America are— 
(A) vetting members and units of Federal 
and municipal police forces and the armed forces 
that may receive assistance to ensure such mem-
bers and units have not been involved in human 
rights violations or corrupt acts; 
(B) strengthening law enforcement capabili-
ties, developing effective systems information ex-
change, improving demand reduction, and ex-
panding public education, prevention, and treat-
ment programs; 
(C) improving controls on chemical precur-
sors; 
(D) adopting and implementing reforms 
that improve the capacity and protect the inde-
pendence of the judiciary; 
(E) reforming criminal procedures to ensure 
due process and training Federal and municipal
police leadership in modern policing to curb po-
lice abuses; 
(F) targeting organizational structures and 
financial and other assets of drug cartels; 
(G) taking steps to curb corruption in law 
enforcement agencies; and 
(H) suspending, prosecuting, and punishing 
members of the police forces who have been 
credibly alleged to have committed violations of 
human rights and corrupt acts, and establishing 
policies for members of such forces that reward 
respect for human rights, in particular regard-
ing the use of force. 
(d) REPORT.—The report required in subsection (b)(2) 
shall include actions taken with respect to each requirement 
and the cases or issues brought to the attention of the Sec-
retary for which the response or action taken has been inad-
equate. 
(e) VETTING.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit a report to the Committees on Appropriations, in 
classified form if necessary, detailing the procedures used 
by the Government of the United States to vet the Federal 
and municipal police and the armed forces of the countries
of Central America for eligibility to receive assistance under 
this section. 
(f) NOTIFICATION.—Funds made available for the 
countries of Central America in subchapter A shall be sub-
ject to the regular notification procedures of the Committees 
on Appropriations and section 634A of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2394–1). 
(g) SPENDING PLAN.—Not later than 45 days after en-
actment of this Act the Secretary of State shall submit to 
the Committees on Appropriations a detailed spending plan 
for funds appropriated or otherwise made available for the 
countries of Central America, Haiti and the Dominican Re-
public in subchapter A, which shall include a strategy for 
combating drug trafficking and related violent crime, judi-
cial reform, institution building, and rule of law activities, 
with concrete goals, actions to be taken, budget proposals 
and anticipated results. 
(h) CONSULTATION.—Not later than 90 days after the 
date of enactment of this Act and every 120 days thereafter 
until September 30, 2010, the Secretary of State shall con-
sult with internationally recognized human rights organi-
zations, and human rights organizations in the countries 
of Central America receiving assistance pursuant to this 
section, on progress in meeting the requirements described 
in subsection (c).
(i) DEFINITION.—For the purposes of this section, the 
term ‘‘countries of Central America’’ means Belize, Costa 
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and 
Panama. 
BUYING POWER MAINTENANCE ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 1406. (a) Of the funds appropriated under the 
heading ‘‘Diplomatic and Consular Programs’’ and allo-
cated by section 3810 of the U.S. Troop Readiness, Vet-
erans’ Care, Katrina Recovery, and Iraq Accountability 
Appropriations 
Act, 
2007 
(Public 
Law 
110–28), 
$26,000,000 shall be transferred to and merged with funds 
in the ‘‘Buying Power Maintenance Account’’: Provided, 
That of the funds made available by this chapter up to an 
additional $74,000,000 may be transferred to and merged 
with the ‘‘Buying Power Maintenance Account’’, subject to 
the regular notification procedures of the Committees on 
Appropriations and in accordance with the procedures in 
section 34 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2706). Any funds transferred pursuant 
to this section shall be available, without fiscal year limita-
tion, pursuant to section 24 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2696).
(b) Section 24(b)(7) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by 
amending subparagraph (D) to read as follows: 
‘‘(D) The authorities contained in this 
paragraph may be exercised only with respect to 
funds appropriated or otherwise made available 
after fiscal year 2008.’’. 
RESCISSIONS 
SEC. 1407. (a) WORLD FOOD PROGRAM.—(1) For an 
additional amount for a contribution to the World Food 
Program to assist farmers in countries affected by food 
shortages to increase crop yields, notwithstanding any other 
provision of law, $20,000,000, to remain available until ex-
pended. 
(2) Of the funds appropriated under the heading ‘‘An-
dean Counterdrug Initiative’’ in prior Acts making appro-
priations for foreign operations, export financing, and re-
lated programs, $20,000,000 are rescinded. 
(b) SUDAN.—(1) For an additional amount for ‘‘Inter-
national Narcotics Control and Law Enforcement’’, 
$10,000,000, for assistance for Sudan to support formed po-
lice units, to remain available until September 30, 2009, 
and subject to prior consultation with the Committees on 
Appropriations. 
(2) Of the funds appropriated under the heading 
‘‘International Narcotics Control and Law Enforcement’’ in
prior Acts making appropriations for foreign operations, 
export financing, and related programs, $10,000,000 are re-
scinded. 
(c) Section 8002 of this Act shall not apply to this 
section. 
ALLOCATIONS 
SEC. 1408. (a) Funds provided in this chapter for the 
following accounts shall be made available for programs 
and countries in the amounts contained in the respective 
tables included in the explanatory statement printed in the 
Congressional Record accompanying this Act: 
‘‘Diplomatic and Consular Programs’’ 
‘‘Economic Support Fund’’. 
(b) Any proposed increases or decreases to the amounts 
contained in such tables in the explanatory statement print-
ed in the Congressional Record accompanying this Act shall 
be subject to the regular notification procedures of the Com-
mittees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961. 
REPROGRAMMING AUTHORITY 
SEC. 1409. Notwithstanding any other provision of 
law, to include minimum funding requirements or funding 
directives, funds made available under the headings ‘‘Devel-
opment Assistance’’ and ‘‘Economic Support Fund’’ in 
prior Acts making appropriations for foreign operations, 
export financing, and related programs may be made avail-
able to address critical food shortages, subject to prior con-
sultation with, and the regular notification procedures of, 
the Committees on Appropriations. 
SPENDING PLAN AND NOTIFICATION PROCEDURES 
SEC. 1410. (a) SUBCHAPTER A SPENDING PLAN.—Not 
later than 45 days after the enactment of this Act the Sec-
retary of State shall submit to the Committees on Appro-
priations a report detailing planned expenditures for funds 
appropriated under the headings in subchapter A, except 
for funds appropriated under the headings ‘‘International 
Disaster Assistance’’, ‘‘Migration and Refugee Assistance’’, 
and ‘‘United States Emergency Refugee and Migration As-
sistance Fund’’. 
(b) SUBCHAPTER B SPENDING PLAN.—The Secretary 
of State shall submit to the Committees on Appropriations 
not later than November 1, 2008, and prior to the initial 
obligation of funds, a detailed spending plan for funds ap-
propriated or otherwise made available in subchapter B, 
except for funds appropriated under the headings ‘‘Inter-
national Disaster Assistance’’, ‘‘Migration and Refugee As-
sistance’’, and ‘‘United States Emergency Refugee and Mi-
gration Assistance Fund’’. 
(c) NOTIFICATION.—Funds made available in this 
chapter shall be subject to the regular notification proce-
dures of the Committees on Appropriations and section 
634A of the Foreign Assistance Act of 1961.
TERMS AND CONDITIONS 
SEC. 1411. Unless otherwise provided for in this Act, 
funds appropriated or otherwise made available by this 
chapter shall be available under the authorities and condi-
tions provided in the Department of State, Foreign Oper-
ations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110–161), except that section 
699K of such Act shall not apply to funds in this chapter. 
TITLE II—DOMESTIC MATTERS 
CHAPTER 1—COMMERCE, JUSTICE, AND SCIENCE 
DEPARTMENT OF COMMERCE 
BUREAU OF THE CENSUS 
PERIODIC CENSUSES AND PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Periodic Censuses and 
Programs’’, $210,000,000, to remain available until ex-
pended, for necessary expenses related to the 2010 Decennial 
Census: Provided, That not less than $3,000,000 shall be 
transferred to the ‘‘Office of Inspector General’’ at the De-
partment of Commerce for necessary expenses associated 
with oversight activities of the 2010 Decennial Census: Pro-
vided further, That not less than $1,000,000 shall be used 
only for a reimbursable agreement with the Defense Con-
tract Management Agency to provide continuing contract 
management oversight of the 2010 Decennial Census.
DEPARTMENT OF JUSTICE 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $178,000,000, to remain available until September 
30, 2008. 
CHAPTER 2—ENERGY AND WATER 
DEVELOPMENT 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, for nec-
essary expenses related to the consequences of Hurricane 
Katrina and other hurricanes of the 2005 season, 
$2,835,000,000, to remain available until expended: Pro-
vided, That such sums shall not be available until October 
1, 2008: Provided further, That the Secretary of the Army 
is directed to use $1,997,000,000 of the funds provided here-
in to modify authorized projects in southeast Louisiana to 
provide hurricane, storm and flood damage reduction in the 
greater New Orleans and surrounding areas to the levels 
of protection necessary to achieve the certification required 
for participation in the National Flood Insurance Program 
under the base flood elevations current at the time of enact-
ment of this Act, and shall use $1,077,000,000 of those funds 
for the Lake Pontchartrain and Vicinity project and 
$920,000,000 of those funds for the West Bank and Vicinity 
project: Provided further, That, in addition, $838,000,000 
of the funds provided herein shall be for elements of South-
east Louisiana Urban Drainage project within the geo-
graphic perimeter of the West Bank and Vicinity and Lake 
Pontchartrain and Vicinity projects, to provide for interior 
drainage of runoff from rainfall with a ten percent annual 
exceedance probability: Provided further, That the amounts 
provided herein shall be subject to a 65 percent Federal / 
35 percent non-Federal cost share for the specified purposes: 
Provided further, That beginning not later than 60 days 
after the date of enactment of this Act, the Chief of Engi-
neers, acting through the Assistant Secretary of the Army 
for Civil Works, shall provide monthly reports to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate detailing the allocation and obligation of 
these funds. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For an additional amount for ‘‘Flood Control and 
Coastal Emergencies’’, as authorized by section 5 of the Act 
of August 18, 1941 (33 U.S.C. 701n), for necessary expenses 
relating to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $2,926,000,000, to remain
available until expended: Provided, That such sums shall 
not be available until October 1, 2008: Provided further, 
That funds provided herein shall be used to reduce the risk 
of hurricane and storm damages to the greater New Orleans 
metropolitan area, at full Federal expense, for the following: 
$704,000,000 shall be used to modify the 17th Street, Orle-
ans Avenue, and London Avenue drainage canals and in-
stall pumps and closure structures at or near the lakefront; 
$90,000,000 shall be used for storm-proofing interior pump 
stations to ensure the operability of the stations during hur-
ricanes, storms, and high water events; $459,000,000 shall 
be used for armoring critical elements of the New Orleans 
hurricane and storm damage reduction system; $53,000,000 
shall be used to improve protection at the Inner Harbor 
Navigation Canal; $456,000,000 shall be used to replace or 
modify certain non-Federal levees in Plaquemines Parish 
to incorporate the levees into the existing New Orleans to 
Venice hurricane protection project; $412,000,000 shall be 
used for reinforcing or replacing flood walls, as necessary, 
in the existing Lake Pontchartrain and Vicinity project 
and the existing West Bank and Vicinity project to improve 
the performance of the systems; $393,000,000 shall be used 
for repair and restoration of authorized protections and 
floodwalls; and $359,000,000 shall be used to complete the 
authorized protection for the Lake Pontchartrain and Vi-
cinity Project and for the West Bank and Vicinity Project: 
Provided further, That beginning not later than 60 days 
after the date of enactment of this Act, the Chief of Engi-
neers, acting through the Assistant Secretary of the Army 
for Civil Works, shall provide monthly reports to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate detailing the allocation and obligation of 
these funds: Provided further, That any project using funds 
appropriated under this heading shall be initiated only 
after non-Federal interests have entered into binding agree-
ments with the Assistant Secretary of the Army for Civil 
Works requiring the non-Federal interests to pay 100 per-
cent of the operation, maintenance, repair, replacement, 
and rehabilitation costs of completed elements and to hold 
and save the United States free from damages due to the 
construction, operation, and maintenance of the project, ex-
cept for damages due to the fault or negligence of the United 
States or its contractors: Provided further, That the expend-
iture of funds as provided above may be made without re-
gard to individual amounts or purposes except that any 
reallocation of funds that is necessary to accomplish the es-
tablished goals is authorized, subject to the approval of the 
House and Senate Committees on Appropriations.
CHAPTER 3—LABOR, HEALTH AND HUMAN 
SERVICES, AND EDUCATION 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For an additional amount for ‘‘State Unemployment 
Insurance and Employment Service Operations’’ for grants 
to the States for the administration of State unemployment 
insurance, $110,000,000, which may be expended from the 
Employment Security Administration Account in the Un-
employment Trust Fund, to be used for unemployment in-
surance workloads experienced by the States through Sep-
tember 30, 2008, which shall be available for Federal obliga-
tion through December 31, 2008. 
CHAPTER 4—LEGISLATIVE BRANCH 
HOUSE OF REPRESENTATIVES 
PAYMENT TO WIDOWS AND HEIRS OF DECEASED 
MEMBERS OF CONGRESS 
For payment to Annette Lantos, widow of Tom Lan-
tos, late a Representative from the State of California, 
$169,300: Provided, That section 8002 shall not apply to 
this appropriation.
TITLE III—VETERANS EDUCATIONAL 
ASSISTANCE 
SHORT TITLE 
SEC. 3001. This title may be cited as the ‘‘Post-9/11 
Veterans Educational Assistance Act of 2008’’. 
FINDINGS 
SEC. 3002. Congress makes the following findings: 
(1) On September 11, 2001, terrorists attacked 
the United States, and the brave members of the 
Armed Forces of the United States were called to the 
defense of the Nation. 
(2) Service on active duty in the Armed Forces 
has been especially arduous for the members of the 
Armed Forces since September 11, 2001. 
(3) The United States has a proud history of of-
fering educational assistance to millions of veterans, 
as demonstrated by the many ‘‘G.I. Bills’’ enacted 
since World War II. Educational assistance for vet-
erans helps reduce the costs of war, assist veterans in 
readjusting to civilian life after wartime service, and 
boost the United States economy, and has a positive 
effect on recruitment for the Armed Forces. 
(4) The current educational assistance program 
for veterans is outmoded and designed for peacetime 
service in the Armed Forces.
(5) The people of the United States greatly value 
military service and recognize the difficult challenges 
involved in readjusting to civilian life after wartime 
service in the Armed Forces. 
(6) It is in the national interest for the United 
States to provide veterans who serve on active duty 
in the Armed Forces after September 11, 2001, with 
enhanced educational assistance benefits that are wor-
thy of such service and are commensurate with the 
educational assistance benefits provided by a grateful 
Nation to veterans of World War II. 
EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED 
FORCES WHO SERVE AFTER SEPTEMBER 11, 2001 
SEC. 3003. (a) EDUCATIONAL ASSISTANCE AUTHOR-
IZED.— 
(1) IN GENERAL.—Part III of title 38, United 
States Code, is amended by inserting after chapter 32 
the following new chapter: 
‘‘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. 
‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS 
‘‘3321. Time limitation for use of and eligibility for entitlement. 
‘‘3322. Bar to duplication of educational assistance benefits. 
‘‘3323. Administration. 
‘‘3324. Allocation of administration and costs. 
‘‘SUBCHAPTER I—DEFINITIONS 
‘‘§ 3301. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘active duty’ has the meanings as 
follows (subject to the limitations specified in sections 
3002(6) and 3311(b) 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 ‘entry level and skill training’ 
means the following: 
‘‘(A) In the case of members of the Army, 
Basic Combat Training and Advanced Indi-
vidual Training.
‘‘(B) In the case of members of the Navy, 
Recruit Training (or Boot Camp) and Skill 
Training (or so-called ‘A’ School). 
‘‘(C) In the case of members of the Air 
Force, Basic Military Training and Technical 
Training. 
‘‘(D) In the case of members of the Marine 
Corps, Recruit Training and Marine Corps 
Training (or School of Infantry Training). 
‘‘(E) In the case of members of the Coast 
Guard, Basic Training. 
‘‘(3) The term ‘program of education’ has the 
meaning the meaning given such term in section 3002 
of this title, except to the extent otherwise provided in 
section 3313 of this title. 
‘‘(4) The term ‘Secretary of Defense’ has the 
meaning given such term 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 described 
in this subsection is any individual as follows: 
‘‘(1) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 36 months 
on active duty in the Armed Forces (including 
service on active duty in entry level and skill 
training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty; or 
‘‘(ii) is discharged or released from ac-
tive duty as described in subsection (c). 
‘‘(2) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves at least 30 continuous days on ac-
tive duty in the Armed Forces; and 
‘‘(B) after completion of service described in 
subparagraph (A), is discharged or released from 
active duty in the Armed Forces for a service- 
connected disability. 
‘‘(3) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 30 months, 
but less than 36 months, on active duty in the
Armed Forces (including service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 36 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 36 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(4) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 24 months, 
but less than 30 months, on active duty in the 
Armed Forces (including service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 30 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 30 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(5) An individual who—
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 18 months, 
but less than 24 months, on active duty in the 
Armed Forces (excluding service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 24 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 24 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(6) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 12 months, 
but less than 18 months, on active duty in the 
Armed Forces (excluding service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 18 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 18 months, is
discharged or released from active duty as 
described in subsection (c). 
‘‘(7) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 6 months, 
but less than 12 months, on active duty in the 
Armed Forces (excluding service on active duty 
in entry level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)— 
‘‘(i) continues on active duty for an 
aggregate of less than 12 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 12 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(8) An individual who— 
‘‘(A) commencing on or after September 11, 
2001, serves an aggregate of at least 90 days, but 
less than 6 months, on active duty in the Armed 
Forces (excluding service on active duty in entry 
level and skill training); and 
‘‘(B) after completion of service described in 
subparagraph (A)—
‘‘(i) continues on active duty for an 
aggregate of less than 6 months; or 
‘‘(ii) before completion of service on ac-
tive duty of an aggregate of 6 months, is 
discharged or released from active duty as 
described in subsection (c). 
‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis-
charge or release from active duty of an individual de-
scribed in this subsection is a discharge or release as follows: 
‘‘(1) A discharge from active duty in the Armed 
Forces with an honorable discharge. 
‘‘(2) A release after service on active duty in the 
Armed Forces characterized by the Secretary con-
cerned as honorable service and placement on the re-
tired list, transfer to the Fleet Reserve or Fleet Ma-
rine Corps Reserve, or placement on the temporary 
disability retired list. 
‘‘(3) A release from active duty in the Armed 
Forces for further service in a reserve component of 
the Armed Forces after service on active duty charac-
terized by the Secretary concerned as honorable serv-
ice. 
‘‘(4) A discharge or release from active duty in 
the Armed Forces for—
‘‘(A) a medical condition which preexisted 
the service of the individual as described in the 
applicable paragraph of subsection (b) and 
which the Secretary determines is not service- 
connected; 
‘‘(B) hardship; or 
‘‘(C) a physical or mental condition that 
was not characterized as a disability and did 
not result from the individual’s own willful mis-
conduct but did interfere with the individual’s 
performance of duty, as determined by the Sec-
retary concerned in accordance with regulations 
prescribed by the Secretary of Defense. 
‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN SERV-
ICE AS PERIOD OF ACTIVE DUTY.—The following periods 
of service shall not be considered a part of the period of 
active duty on which an individual’s entitlement to edu-
cational assistance under this chapter is based: 
‘‘(1) A period of service on active duty of an offi-
cer pursuant to an agreement under section 2107(b) 
of title 10. 
‘‘(2) A period of service on active duty of an offi-
cer pursuant to an agreement under section 4348, 
6959, or 9348 of title 10.
‘‘(3) A period of service that is terminated be-
cause of a defective enlistment and induction based 
on— 
‘‘(A) the individual’s being a minor for 
purposes of service in the Armed Forces; 
‘‘(B) an erroneous enlistment or induction; 
or 
‘‘(C) a defective enlistment agreement. 
‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER 
MULTIPLE PROVISIONS.—In the event an individual enti-
tled to educational assistance under this chapter is entitled 
by reason of both paragraphs (4) and (5) of subsection (b), 
the individual shall be treated as being entitled to edu-
cational assistance under this chapter by reason of para-
graph (5) of 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 indi-
vidual 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. 
‘‘(b) CONTINUING
RECEIPT.—The receipt of edu-
cational assistance under section 3313 of this title by an 
individual entitled to educational assistance under this