[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2702 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2702

   To amend title 38, United States Code, to establish a program of 
educational assistance for members of the Armed Forces who serve in the 
     Armed Forces after September 11, 2001, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2007

Mr. Scott of Virginia (for himself, Mr. Carney, Mr. Moran of Virginia, 
Mr. Boucher, and Mr. Salazar) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to establish a program of 
educational assistance for members of the Armed Forces who serve in the 
     Armed Forces after September 11, 2001, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Post-9/11 Veterans Educational 
Assistance Act of 2007''.

SEC. 2. FINDINGS.

    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 offering 
        educational assistance to millions of veterans, as demonstrated 
        by the many ``G.I. Bills'' enacted since World War II. 
        Educational 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 
        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 served 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 provided by a grateful 
        Nation to veterans of World War II.

SEC. 3. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO 
              SERVE AFTER SEPTEMBER 11, 2001.

    (a) Educational Assistance Authorized.--
            (1) In general.--Part III of title 38, United States Code, 
        is amended by inserting after chapter 32 the following new 
        chapter:

             ``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.
                 ``subchapter ii--educational assistance

``3311. Educational assistance for service in the Armed Forces after 
                            September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: payment; amount.
``3314. Tutorial assistance.
``3315. Licensing and certification tests.
               ``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

``Sec. 3301. Definitions
    ``In this chapter:
            ``(1) The term `active duty' has the meaning given such 
        term in sections 101 and 3002(7) of this title and includes the 
        limitations specified in section 3002(6) of this title.
            ``(2) The terms `program of education', `Secretary of 
        Defense', and `Selected Reserve' have the meaning given such 
        terms in section 3002 of this title.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

``Sec. 3311. Educational assistance for service in the Armed Forces 
              after September 11, 2001: entitlement
    ``(a) Entitlement.--Except as provided in subsection (c) and 
subject to subsections (d) through (f), 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) as of September 11, 2001, is a member of the 
                Armed Forces and has served an aggregate of at least 
                two years of active duty in the Armed Forces; and
                    ``(B) after September 10, 2001--
                            ``(i) serves at least 30 days of active 
                        duty in the Armed Forces; or
                            ``(ii) is discharged or released as 
                        described in subsection (e)(1).
            ``(2) An individual who--
                    ``(A) as of September 10, 2001, is a member of the 
                Armed Forces;
                    ``(B) as of any date on or after September 11, 
                2001--
                            ``(i) has served an aggregate of at least 
                        two years of active duty in the Armed Forces; 
                        or
                            ``(ii) before completion of service as 
                        described in clause (i), is discharged or 
                        released as described in subsection (e)(1); and
                    ``(C) if described by subparagraph (B)(i), after 
                September 11, 2001--
                            ``(i) serves at least 30 days of active 
                        duty in the Armed Forces; or
                            ``(ii) is discharged or released as 
                        described in subsection (e)(1).
            ``(3) An individual (other than an individual described in 
        paragraph (4)) who--
                    ``(A) on or after September 11, 2001, first becomes 
                a member of the Armed Forces, or first enters on active 
                duty as a member of the Armed Forces, and--
                            ``(i) serves an aggregate of at least two 
                        years of active duty in the Armed Forces; or
                            ``(ii) before completion of service as 
                        described in clause (i), is discharged or 
                        released as described in subsection (e); and
                    ``(B) after completion of the service described in 
                subparagraph (A)(i)--
                            ``(i) continues on active duty;
                            ``(ii) is discharged from active duty with 
                        an honorable discharge;
                            ``(iii) is released after service on active 
                        duty characterized by the Secretary concerned 
                        as honorable service and is placed on the 
                        retired list, is transferred to the Fleet 
                        Reserve or Fleet Marine Corps Reserve, or is 
                        placed on the temporary disability list; or
                            ``(iv) is released from active duty 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) An individual who--
                    ``(A) on or after September 11, 2001, first enlists 
                as a Reserve, or otherwise first becomes a Reserve, in 
                the Armed Forces and--
                            ``(i) serves an aggregate of at least two 
                        years of active duty in the Armed Forces 
                        characterized by the Secretary concerned as 
                        honorable service; or
                            ``(ii) before completion of service as 
                        described in clause (i), is discharged or 
                        released as described in subsection (e); and
                    ``(B) after completion of the service described in 
                subparagraph (A)(i)--
                            ``(i) continues as a Reserve (whether or 
                        not on active duty); or
                            ``(ii) is discharged from service with an 
                        honorable discharge, is placed on the retired 
                        list, or is transferred to the Standby Reserve 
                        after service characterized by the Secretary 
                        concerned as honorable service.
    ``(c) Exception.--(1) Except as provided in paragraph (2), the 
following individuals are not entitled to educational assistance under 
this chapter:
            ``(A) An individual who receives a commission as an officer 
        in the Armed Forces upon graduation from the United States 
        Military Academy, the United States Naval Academy, the United 
        States Air Force Academy, or the Coast Guard Academy.
            ``(B) An individual who receives a commission as an officer 
        in the Armed Forces upon completion of a program of educational 
        assistance under section 2107 of title 10 if while 
        participating in such program such individual received an 
        aggregate of $25,000 or more for participation in such program.
            ``(C) Any other individual who receives a commission as an 
        officer in the Armed Forces after completion of participation 
        in the Senior Reserve Officers' Training Corps under chapter 
        103 of title 10, including any advanced training under section 
        2104 of that title.
    ``(2) Any service of an individual described by paragraph (1) after 
successful completion by the individual of the service obligation 
incurred by the individual in connection with the receipt of a 
commission as an officer in the Armed Forces as described in that 
paragraph shall be treated under subsection (b) as service counting 
toward the entitlement of the individual to educational assistance 
under this chapter.
    ``(d) Prohibition on Treatment of Certain Duty of Reserves as 
Active Duty.--The following service of a Reserve on active duty shall 
not be treated as service on active duty in the Armed Forces for 
purposes of subsection (b)(4):
            ``(1) Drill and instruction and annual training, including 
        drill and instruction and annual training of a member of the 
        National Guard under section 502 of title 32.
            ``(2) Any other service on active duty, unless such service 
        is service in an operational billet.
    ``(e) Certain Discharge or Release Providing Exception From Service 
Requirements.--A discharge or release described in this subsection is a 
discharge or release from service in the Armed Forces for--
            ``(1) a service-connected disability;
            ``(2) a medical condition which preexisted such service and 
        which the Secretary determines is not service-connected;
            ``(3) hardship; or
            ``(4) 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 of each military department in accordance with 
        regulations prescribed by the Secretary of Defense.
    ``(f) Prohibition on Treatment of Certain Service as Period of 
Active Duty.--A period of service shall not be considered a part of the 
period of active duty in the Armed Forces on which an individual's 
entitlement to educational assistance under this chapter is based if 
the period of service is terminated because of a defective enlistment 
and induction based on--
            ``(1) the individual's being a minor for purposes of 
        service in the Armed Forces;
            ``(2) an erroneous enlistment or induction; or
            ``(3) a defective enlistment agreement.
``Sec. 3312. Educational assistance: duration
    ``(a) In General.--Subject to section 3695 of this title and 
subsection (b), an individual entitled to educational assistance under 
section 3311 of this title is entitled to a number of months of 
educational assistance under section 3313 of this title as follows:
            ``(1) In the case of an individual described by paragraph 
        (1) section 3311(b) of this title--
                    ``(A) if the individual is described by 
                subparagraph (B)(i) of such paragraph, the aggregate 
                number of months served by the individual on active 
                duty in the Armed Forces after September 11, 2001; or
                    ``(B) if the individual is described by 
                subparagraph (B)(ii) of such paragraph, 36 months.
            ``(2) In the case of an individual described by paragraph 
        (2) of section 3311(b) of this title--
                    ``(A) if the individual is described by both 
                subparagraphs (B)(i) and (C)(i) of such paragraph, the 
                aggregate number of months served by the individual on 
                active duty in the Armed Forces after September 11, 
                2001; or
                    ``(B) if the individual is described by 
                subparagraph (B)(ii) or (C)(ii) of such paragraph, 36 
                months.
            ``(3) In the case of an individual described by paragraph 
        (3) of section 3311(b) of this title--
                    ``(A) if the individual is described by 
                subparagraph (A)(i) of such paragraph, the aggregate 
                number of months served by the individual on active 
                duty in the Armed Forces after September 11, 2001; or
                    ``(B) if the individual is described by 
                subparagraph (A)(ii) of such paragraph--
                            ``(i) if the discharge or release of the 
                        individual is described by paragraph (1) of 
                        section 3311(e) of this title, 36 months; or
                            ``(ii) if the discharge or release of the 
                        individual is described by paragraph (2), (3), 
                        or (4) of section 3311(e) of this title, the 
                        aggregate number of months served by the 
                        individual on active duty in the Armed Forces 
                        after September 11, 2001.
            ``(4) In the case of an individual described by paragraph 
        (4) of section 3311(b) of this title--
                    ``(A) if the individual is described by 
                subparagraph (A) of such paragraph--
                            ``(i) if the individual is further 
                        described by clause (i) of such subparagraph, 
                        24 months; or
                            ``(ii) if the individual is further 
                        described by clause (ii) of such subparagraph--
                                    ``(I) if the discharge or release 
                                of the individual is described by 
                                paragraph (1) of section 3311(e) of 
                                this title, 36 months; or
                                    ``(II) if the discharge or release 
                                of the individual is described by 
                                paragraph (2), (3), or (4) of section 
                                3311(e) of this title, the aggregate 
                                number of months served by the 
                                individual on active duty in the Armed 
                                Forces after September 11, 2001; and
                    ``(B) if the individual is also described by 
                subparagraph (B) of such paragraph--
                            ``(i) an additional number of months equal 
                        to--
                                    ``(I) the aggregate number of 
                                months served by the individual on 
                                active duty in the Armed Forces after 
                                September 11, 2001, without taking into 
                                account the service of the individual 
                                described by subparagraph (A)(i) of 
                                such paragraph; and
                                    ``(II) one month for each for month 
                                served by the individual as a Reserve 
                                after September 11, 2001, without 
                                taking into account the service of the 
                                individual described by subparagraph 
                                (A)(i) of such paragraph or any other 
                                month of service of the individual on 
                                active duty; or
                            ``(ii) if the individual is discharged or 
                        released as described in section 3311(e)(1) of 
                        this title, an additional 12 months.
    ``(b) Limitation.--Except as provided in section 3321(b)(2) of this 
title, an individual may not receive educational assistance under 
section 3313 of this title for a number of months in excess of 36 
months, which is the equivalent of four academic years
``Sec. 3313. Educational assistance: payment; amount
    ``(a) Payment.--The Secretary shall pay to each individual entitled 
to educational assistance under this chapter who is pursuing an 
approved program of education (other than a program covered by 
subsections (e) through (i)) the amounts specified in subsection (c) to 
meet the expenses of such individual's subsistence, tuition, fees, and 
other educational costs for pursuit of such program of education.
    ``(b) Approved Programs of Education.--Except as provided in 
subsections (g) through (i), a program of education is an approved 
program of education for purposes of this chapter if the program of 
education is approved for purposes of chapter 30 of this title.
    ``(c) Amount of Educational Assistance.--(1) The amounts payable 
under this subsection for pursuit of an approved program of education 
are amounts as follows:
            ``(A) An amount equal to the established charges (as 
        determined in accordance with subsection (j)) for the program 
        of education.
            ``(B) Subject to paragraph (2), an amount equal to the room 
        and board of the individual.
            ``(C) A monthly stipend in the amount of $1,000.
    ``(2) The amount payable under paragraph (1)(B) for room and board 
of an individual may not exceed an amount equal to the standard 
dormitory fee, or such equivalent fee as the Secretary shall specify in 
regulations, which similarly circumstanced nonveterans enrolled in the 
program of education involved would be required to pay.
    ``(d) Frequency of Payment.--(1) Payment of the amounts payable 
under subparagraphs (A) and (B) of subsection (c)(1) for pursuit of a 
program of education shall be made in a lump-sum amount for the entire 
quarter, semester, or term, as applicable, of the program of education 
before the commencement of such quarter, semester, or term.
    ``(2) Payment of the amount payable under subparagraph (C) of 
subsection (c)(1) for pursuit of a program of education shall be made 
on a monthly basis.
    ``(3) The Secretary shall prescribe in regulations 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 for pursuit of a program of education on a quarter, semester, 
term, or other basis.
    ``(e) Programs of Education Pursued on Active Duty.--(1) 
Educational assistance is payable under this chapter for pursuit of an 
approved program of education while on active duty.
    ``(2) The amount of educational assistance payable under this 
chapter to an individual pursuing a program of education while on 
active duty is the lesser of--
            ``(A) the established charges (as determined in accordance 
        with subsection (j)) for the program of education; or
            ``(B) the amount of the charges of the educational 
        institution as elected by the individual in the manner 
        specified in section 3014(b)(1) of this title.
    ``(3) Payment of the amount payable under paragraph (2) for pursuit 
of a program of education shall be made in a lump-sum amount for the 
entire quarter, semester, or term, as applicable, of the program of 
education before the commencement of such quarter, semester, or term.
    ``(4) For each month (as determined pursuant to the methods 
prescribed under subsection (c)(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 Less Than Half-Time Basis.--
(1) Educational assistance is payable under this chapter for pursuit of 
an approved program of education on less than half-time basis.
    ``(2) The amount of educational assistance payable under this 
chapter to an individual pursuing a program of education on less than 
half-time basis is the established charges (as determined in accordance 
with subsection (j)) for the program of education.
    ``(3) Payment of the amount payable under this chapter to an 
individual for pursuit of a program of education on less than half-time 
basis shall be made in a lump-sum, and shall be made not later than the 
last day of the month immediately following the month in which 
certification is received from the educational institution involved 
that the individual has enrolled in and is pursuing a program of 
education at the institution.
    ``(4) For each month (as determined pursuant to the methods 
prescribed under subsection (c)(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) Apprenticeship or Other On-Job Training.--(1) Educational 
assistance is payable under this chapter for full-time pursuit of a 
program of apprenticeship or other on-job training described in 
paragraphs (1) and (2) of section 3687(a) of this title.
    ``(2)(A) The educational assistance payable under this chapter to 
an individual for pursuit of a program of apprenticeship or training 
referred to in paragraph (1) is the amounts as follows:
            ``(i) The established charge (as determined under 
        subparagraph (B)) which similarly circumstances nonveterans 
        enrolled in the program would be required to pay.
            ``(ii) A monthly stipend in the amount of $1,000.
    ``(B) The nature and amount of the tuition, fees, and other 
expenses constituting the established charge for a program of 
apprenticeship or training under this subsection shall be determined in 
accordance with regulations prescribed by the Secretary. Such expenses 
may include room and board under such circumstances as the Secretary 
shall prescribe in the regulations.
    ``(3)(A) Payment of the amount payable under paragraph (2)(A)(i) 
for pursuit of a program of apprenticeship or training shall be made, 
at the election of the Secretary--
            ``(i) in a lump sum for such period of the program as the 
        Secretary shall determine before the commencement of such 
        period of the program; or
            ``(ii) on a monthly basis.
    ``(B) Payment of the amount payable under paragraph (2)(A)(ii) for 
pursuit of a program of apprenticeship or training shall be made on a 
monthly basis.
    ``(4) For each month (as determined pursuant to the methods 
prescribed under subsection (c)(3) in the case of payments made in 
accordance with paragraph (3)(A)(i)) for which amounts are paid an 
individual under this subsection, the entitlement of the individual to 
educational assistance under this chapter shall be charged at the rate 
of one month for each such month.
    ``(h) Programs of Education by Correspondence.--(1) Educational 
assistance is payable under this chapter for pursuit of a program of 
education exclusively by correspondence.
    ``(2)(A) The amount of educational assistance payable under this 
chapter to an individual who is pursuing a program of education 
exclusively by correspondence is an amount equal to 55 percent of the 
established charge (as determined under subparagraph (B)) which 
similarly circumstanced nonveterans enrolled in the program of 
education would be required to pay.
    ``(B) In this paragraph, the term `established charge', in the case 
of a program of education, means the lesser of--
            ``(i) the charge for the course or courses under the 
        program of education, as determined on the basis of the lowest 
        extended time payment plan offered by the institution involved 
        and approved by the appropriate State approving agency; or
            ``(ii) the actual charge to the individual for such course 
        or courses.
    ``(3) Payment of the amount payable under this chapter for pursuit 
of a program of education by correspondence shall be made quarterly on 
a pro rata basis for the lessons completed by the individual and 
serviced by the institution involved.
    ``(4) For each month (as determined pursuant to the methods 
prescribed under subsection (c)(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.
    ``(i) Flight Training.--(1) Educational assistance is payable under 
this chapter for a program of education consisting of flight training 
as follows:
            ``(A) Courses of flight training approved under section 
        3860A(b) of this title.
            ``(B) Flight training meeting the requirements of section 
        3034(d) of this title.
    ``(2) Paragraphs (2) and (4) of section 3032(e) of this title shall 
apply with respect to the availability of educational assistance under 
this chapter for pursuit of flight training covered by paragraph (1).
    ``(3)(A) The educational assistance payable under this chapter to 
an individual for pursuit of a program of education consisting of 
flight training covered by paragraph (1) is the amounts as follows:
            ``(i) The established charge (as determined under 
        subparagraph (B)) which similarly circumstances nonveterans 
        enrolled in the program would be required to pay.
            ``(ii) A monthly stipend in the amount of $1,000.
    ``(B) The nature and amount of the tuition, fees, and other 
expenses constituting the established charge for a program of flight 
training under this subsection shall be determined in accordance with 
regulations prescribed by the Secretary.
    ``(4) Payment of the amounts payable under paragraph (3) for 
pursuit of a program of flight training shall be made on a monthly 
basis.
    ``(5) For each month 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.
    ``(j) Established Charges.--(1) Subject to the provisions of this 
subsection, in subsections (c), (e), and (f), the term `established 
charges', in the case of a program of education, means the actual 
charges (as determined pursuant to regulations prescribed by the 
Secretary) for tuition, fees (including required supplies, books, and 
equipment), and other educational costs which similarly circumstanced 
nonveterans enrolled in the program of education would be required to 
pay.
    ``(2) The maximum amount of charges payable for tuition under this 
subsection as part of the established charges for a program of 
education pursued by an individual under subsections (c), (e), and (f) 
may not exceed the maximum amount of tuition regularly charged in-State 
students for full-time pursuit of programs of education by the public 
institution of higher education in the State in which the individual is 
pursuing such program of education that has the highest rate of 
regularly-charged tuition for programs of education among all public 
institutions of higher education in such State.
    ``(3) 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.
``Sec. 3314. Tutorial assistance
    ``(a) In General.--Subject to subsection (b), an individual 
entitled to educational assistance under this chapter shall also be 
entitled to benefits provided an eligible veteran under section 3492 of 
this title.
    ``(b) Conditions.--(1) The provision of benefits under subsection 
(a) shall be subject to the conditions applicable to an eligible 
veteran under section 3492 of this title.
    ``(2) 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--
            ``(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 
        prerequisite or indispensable to the satisfactory pursuit of, 
        an approved program of education.
    ``(c) Amount.--(1) The amount of benefits described in subsection 
(a) that are payable under this section may not exceed $100 per month, 
for a maximum of 12 months, or until a maximum of $1,200 is utilized.
    ``(2) The amount provided an individual under this subsection is in 
addition to the amounts of educational assistance paid the individual 
under section 3313 of this title.
    ``(d) No Charge Against Entitlement.--Any benefits provided an 
individual under subsection (a) are in addition to any other 
educational assistance benefits provided the individual under this 
chapter.
``Sec. 3315. Licensure and certification tests
    ``(a) In General.--An individual entitled to educational assistance 
under this chapter shall also be entitled to payment for one licensing 
or certification test described in section 3452(b) of this title.
    ``(b) Limitation on Amount.--The amount payable under subsection 
(a) for a licensing or certification test may not exceed the lesser 
of--
            ``(1) $2,000; or
            ``(2) the fee charged for the test.
    ``(c) No Charge Against Entitlement.--Any amount paid an individual 
under subsection (a) is in addition to any other educational assistance 
benefits provided the individual under this chapter.

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

``Sec. 3321. Time limitation for use of and eligibility for entitlement
    ``(a) In General.--Except as otherwise provided in subsection (b), 
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) Subsections (b), (c), and (d) of section 
3031 of this title shall apply with respect to the running of the 15-
year period described in subsection (a) of this section in the same 
manner as such subsections apply under section 3031 of this title with 
respect to the running of the 10-year period described in section 
3031(a) of this title.
    ``(2) Section 3031(f) of this title shall apply with 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 assistance 
under chapter 30 of this title, except that, in the administration of 
such section for purposes of this chapter, the reference to section 
3013 of this title shall be deemed to be a reference to 3312 of this 
title.
    ``(3) For purposes of subsection (a), an individual's last 
discharge or release from active duty shall not include any discharge 
or release from a period of active duty of less than 90 days of 
continuous service, unless the individual is discharged or released as 
described in paragraph (1), (2), or (3) of section 3311(e) of this 
title.
``Sec. 3322. Bar to duplication of educational assistance benefits
    ``(a) In General.--An individual entitled to educational assistance 
under this chapter who is also eligible for educational assistance 
under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 
1607 of title 10, or the provisions of the Hostage Relief Act of 1980 
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive 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 purposes 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 chapter 30 of this 
title, as of the date of the enactment of the Post-9/11 Veterans 
Educational Assistance Act of 2007, coordination of entitlement to 
educational assistance under this chapter, on the one hand, and such 
chapters or provisions, on the other, shall be governed by the 
provisions of section 3(c) of the Post-9/11 Veterans Educational 
Assistance Act of 2007.
``Sec. 3323. Administration
    ``(a) In General.--(1) Except as otherwise provided in this 
chapter, the provisions specified in section 3034(a)(1) of this title 
shall apply to the provision of educational assistance under this 
chapter.
    ``(2) 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) In applying section 3474 of this title 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 of this title.
    ``(4) In applying section 3482(g) of this title to an individual 
entitled to educational assistance under this chapter for purposes of 
this section--
            ``(A) the first reference to the term `educational 
        assistance allowance' in such section 3482(g) shall be deemed 
        to refer to educational assistance payable under section 3313 
        of this title; and
            ``(B) the first sentence of paragraph (1) of such section 
        3482(g) shall be applied as if such sentence ended with 
        `equipment'.
    ``(b) Information on Benefits.--(1) The Secretary of Veterans 
Affairs shall provide the information described in paragraph (2) to 
each member of the Armed Forces at such times as the Secretary of 
Veterans Affairs and the Secretary of Defense shall jointly prescribe 
in regulations.
    ``(2) The information described in this paragraph is information on 
benefits, limitations, procedures, eligibility requirements (including 
time-in-service requirements), and other important aspects of 
educational assistance under this chapter, including application forms 
for such assistance under section 5102 of this title.
    ``(3) The Secretary of Veterans Affairs shall furnish the 
information and forms described in paragraph (2), and other educational 
materials on educational assistance under this chapter, to educational 
institutions, training establishments, military education personnel, 
and such other persons and entities as the Secretary considers 
appropriate.
    ``(c) Regulations.--(1) The Secretary shall prescribe regulations 
for the administration of this chapter.
    ``(2) Any regulations prescribed by the Secretary of Defense for 
purposes of this chapter shall apply uniformly across the Armed Forces.
``Sec. 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 of Veterans Affairs 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 benefits.--
                    (A) Section 3033 of title 38, United States Code, 
                is amended--
                            (i) in subsection (a)(1), by inserting 
                        ``33,'' after ``32,''; and
                            (ii) in subsection (c), by striking ``both 
                        the program established by this chapter and the 
                        program established by chapter 106 of title 
                        10'' and inserting ``two or more of the 
                        programs established by this chapter, chapter 
                        33 of this title, and chapters 1606 and 1607 of 
                        title 10''.
                    (B) Paragraph (4) of section 3695(a) of such title 
                is amended to read as follows:
            ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
                    (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 individual--
                    (A) as of the date of the enactment of this Act--
                            (i) is entitled to basic educational 
                        assistance under chapter 30 of title 38, United 
                        States Code, and has used, but retains unused, 
                        such 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, such 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 such 
                        entitlement under that chapter;
                            (iv) is entitled to educational assistance 
                        under chapter 107, 1606, or 1607 of title 10, 
                        United States Code, and has not used any such 
                        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--
                            (i) otherwise meets the requirements for 
                        entitlement to educational assistance under 
                        chapter 33 of title 38, United States Code (as 
                        so added); or
                            (ii) is making progress toward meeting such 
                        requirements.
            (2) Election on treatment of transferred entitlement.--
                    (A) Election.--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), as provided in paragraph (3)(B).
                    (C) Availability of unrevoked entitlement.--Any 
                entitlement described in subparagraph (A) that is not 
                revoked by an individual in accordance with that 
                subparagraph shall remain available to the eligible 
                dependent or dependents concerned in accordance with 
                the current transfer of such entitlement under section 
                3020 of title 38, United States Code.
            (3) Post-9/11 educational assistance.--
                    (A) In general.--Subject to subparagraph (B), an 
                individual making an election under paragraph (1) shall 
                be entitled to educational 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 educational assistance 
                under chapter 107, 1606, or 1607 of title 10, United 
                States Code, as applicable.
                    (B) Limitation on entitlement for certain 
                individuals.--In the case of an individual making an 
                election under paragraph (1) who is described by 
                subparagraph (A)(i), the number of months of 
                entitlement of such individual to educational 
                assistance under chapter 33 of title 38, United States 
                Code (as so added), shall be the number of months equal 
                to the number of months of unused entitlement of such 
                individual under chapter 30 of title 38, United States 
                Code, as of the date of the election, including any 
                number of months entitlement revoked by the individual 
                under paragraph (2)(A).
            (4) Continuing educational assistance under montgomery gi 
        bill.--
                    (A) In general.--If the aggregate amount of 
                entitlement to educational assistance under chapter 33 
                of title 38, United States Code (as so added), that is 
                accumulated by an individual described in subparagraph 
                (A)(i), (A)(ii), or (A)(iii) of paragraph (1) who makes 
                an election under that paragraph is less than 36 
                months, the individual shall retain, and may utilize, 
                any unutilized entitlement of the individual to 
                educational assistance under chapter 30 of title 38, 
                United States Code, or chapter 107, 1606, or 1607 of 
                title 10, United States Code, as applicable, for a 
                number of months equal to the lesser of--
                            (i) 36 months minus the number of months of 
                        entitlement so accumulated by the individual; 
                        or
                            (ii) the number of months of such 
                        unutilized entitlement of the individual.
                    (B) Utilization of retained entitlement.--The 
                utilization of entitlement retained by an individual 
                under this paragraph shall be governed by the 
                provisions of chapter 30 of title 38, United States 
                Code, or chapter 107, 1606, or 1607 of title 10, United 
                States Code, as applicable.
            (5) Treatment of contributions toward basic educational 
        assistance.--
                    (A) Refund of contributions.--Except as provided in 
                subparagraph (B), the Secretary of Veterans Affairs 
                shall pay to each individual making an election under 
                paragraph (1) who is described by clause (i), (iii), or 
                (v) of subparagraph (A) of that paragraph an amount 
                equal to the total amount of contributions made by such 
                individual under subchapter II of chapter 30 of title 
                38, United States Code, for basic educational 
                assistance under that chapter, including any 
                contributions made under subsection (b) or (e) of 
                section 3011 of such title or any contributions made 
                under subsection (c) or (f) of section 3012 of such 
                title.
                    (B) Exception.--In the case of an individual 
                described by subparagraph (A) who is entitled to basic 
                educational assistance under chapter 30 of title 38, 
                United States Code, by reason of paragraph (4)(A), the 
                amount payable to the individual under this paragraph 
                shall be an amount equal to--
                            (i) the amount otherwise payable to the 
                        individual under subparagraph (A), multiplied 
                        by
                            (ii) a fraction--
                                    (I) the numerator of which is the 
                                number equal to the number of months of 
                                basic educational assistance under 
                                chapter 30 of title 38, United States 
                                Code, to which the individual is 
                                entitled by reason of paragraph (4)(A); 
                                and
                                    (II) the denominator of which is 
                                36.
                    (C) Cessation of contributions.--Effective as of 
                the first month beginning on or after the date of an 
                election under paragraph (1) of an individual described 
                by subparagraph (A)(v) of that paragraph, the 
                obligation of such individual to make contributions 
                under section 3011(b) or 3012(c) of title 38, United 
                States Code, as applicable, shall cease, and the 
                requirements of such section shall be deemed to be no 
                longer applicable to such person.
            (6) Termination of entitlement under montgomery gi bill.--
        Except as otherwise provided in paragraph (4), effective on the 
        last day of the month in which an individual makes an election 
        under paragraph (1), the entitlement, if any, of the individual 
        to basic educational assistance under chapter 30 of title 38, 
        United States Code, or educational assistance under chapter 
        107, 1606, or 1607 of title 10, United States Code, as 
        applicable, shall terminate.
            (7) Irrevocability of elections.--An election under 
        paragraph (1) or (2)(A) is irrevocable.
                                 <all>