[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5947 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5947

    To amend title 38, United States Code, to establish a returning 
                       soldiers' bill of rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2008

   Mr. King of New York (for himself, Mrs. McCarthy of New York, Mr. 
   Fossella, Mr. Reynolds, and Mr. Kuhl of New York) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to establish a returning 
                       soldiers' bill of rights.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Returning Soldiers' Bill of Rights 
Act''.

                           TITLE I--EDUCATION

SEC. 101. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO 
              SERVE IN SUPPORT OF A CONTINGENCY OPERATION AFTER 
              SEPTEMBER 11, 2001.

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

``CHAPTER 33--BASIC EDUCATIONAL ASSISTANCE FOR SERVICE IN SUPPORT OF A 
                         CONTINGENCY OPERATION

                       ``subchapter i--definitions

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

``Sec. 3311. Educational assistance for service in the Armed Forces on 
                            or after September 11, 2001: entitlement.
``Sec. 3312. Educational assistance: duration.
``Sec. 3313. Educational assistance: amount; payment.
``Sec. 3314. Tutorial assistance.
``Sec. 3315. Licensure and certification tests.
``Sec. 3316. Supplemental educational assistance for additional 
                            service.
``Sec. 3317. Transfer of entitlement to basic educational assistance.
``Sec. 3318. Use of educational assistance benefits for the repayment 
                            of Federal student loans for certain 
                            courses of education.
               ``subchapter iii--administrative provisions

``Sec. 3321. Time limitation for use of and eligibility for 
                            entitlement.
``Sec. 3322. Bar to duplication of educational assistance benefits.
``Sec. 3323. Administration.
``Sec. 3324. Allocation of administration and costs.

                      ``SUBCHAPTER I--DEFINITIONS

``Sec. 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 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 `contingency operation' has the meaning 
        given such term under section 101(a)(13) of title 10, United 
        States Code.
            ``(3) The term `entry level and skill training' means the 
        following:
                    ``(A) In the case of members of the Army, Basic 
                Combat Training and Advanced 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.
            ``(4) The terms `program of education' and `Secretary of 
        Defense' have the meaning given such terms in section 3002 of 
        this title.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

``Sec. 3311. Educational assistance for service in the Armed Forces on 
              or after September 11, 2001: entitlement
    ``(a) Entitlement.--Subject to subsections (d) and (e), each 
individual described in subsection (b) is entitled to educational 
assistance under this chapter.
    ``(b) Covered Individuals.--An individual described in this 
subsection is any individual (including an individual as a Reserve) 
who--
            ``(1) on or after September 11, 2001, serves an aggregate 
        of at least 6 months on active duty in the Armed Forces in 
        support of a contingency operation; and
            ``(2) after completion of service described in paragraph 
        (1)--
                    ``(A) continues on active duty; or
                    ``(B) is discharged or released from active duty as 
                described in subsection (c).
    ``(c) Covered Discharges and Releases.--A 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 service-connected disability;
                    ``(B) a medical condition which preexisted the 
                service of the individual as described in the 
                applicable paragraph of subsection (b) and which the 
                Secretary determines is not service-connected;
                    ``(C) hardship; or
                    ``(D) a physical or mental condition that was not 
                characterized as a disability and did not result from 
                the individual's own willful 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) Contribution.--(1) Except as provided in paragraph (2), the 
basic pay of any individual described in subsection (b) who elects to 
receive educational assistance under this chapter shall be reduced by 
$100 for each of the first 12 months that such individual is entitled 
to such pay.
    ``(2) In the case of an individual covered by paragraph (1) who is 
a member of the Selected Reserve, the Secretary of Defense shall 
collect from the individual an amount equal to $1,200 not later than 
one year after completion by the individual of the two years of service 
on active duty providing the basis for such entitlement. The Secretary 
of Defense may collect such amount through reductions in basic pay in 
accordance with paragraph (1) or through such other method as the 
Secretary of Defense considers appropriate.
    ``(3) Any amount by which the basic pay of an individual is reduced 
under this subsection shall revert to the Treasury and shall not, for 
purposes of any Federal law, be considered to have been received by or 
to be within the control of such individual.
``Sec. 3312. Educational assistance: duration
    ``(a) In General.--Subject to section 3695 of this title and except 
as provided in subsections (b) and (c), an individual entitled to 
educational assistance under this chapter is entitled to a number of 
months of educational assistance under section 3313 of this title equal 
to 36 months, which is the equivalent of four academic years.
    ``(b) Continuing Receipt.--The receipt of educational assistance 
under section 3313 of this title by an individual entitled to 
educational assistance under this chapter is subject to the provisions 
of section 3321(b)(2) of this title.
    ``(c) Discontinuation of Education for Active Duty.--(1) Any 
payment of educational assistance 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 of this title limits the individual's receipt of 
        educational assistance under this chapter.
    ``(2) 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, 
        professional, or vocational objective as a result of having to 
        discontinue, as described in subparagraph (A), the individual's 
        course pursuit.
    ``(3) 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).
``Sec. 3313. Educational assistance: amount; payment
    ``(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.--The amounts payable under 
this subsection for pursuit of an approved program of education are 
amounts as follows:
            ``(1) An amount equal to the established charges for in-
        State students for the program of education at the most 
        expensive public postsecondary institution of any State.
            ``(2) A stipend in the amount of $1,000 for each month for 
        room, board, books, supplies, equipment, and other educational 
        materials.
    ``(d) Frequency of Payment.--(1) Except as provided in paragraph 
(2), payment of the amounts payable under subsections (c)(1) and (c)(2) 
shall be made on a monthly basis.
    ``(2) At the request of an individual entitled to educational 
assistance under this chapter, payment of the amounts payable under 
subsections (c)(1) and (c)(2) shall be made in a lump-sum amount for 
the entire quarter, semester, or term, as applicable, before the 
commencement of such quarter, semester, or term.
    ``(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 subsection 
that are chargeable under this subsection for an advance payment of 
amounts under paragraphs (1) and (2) 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 which similarly circumstanced 
        nonveterans enrolled in the program of education involved would 
        be required to pay; or
            ``(B) the amount of the charges of the educational 
        institution as elected by the individual in the manner 
        specified in section 3014(b)(1) of this title.
    ``(3) For each month (as determined pursuant to the methods 
prescribed under subsection (d)(4)) for which amounts are paid an 
individual under this subsection, the entitlement of the individual to 
educational assistance under this chapter shall be charged at the rate 
of one month for each such month.
    ``(f) Programs of Education Pursued on Less Than Half-Time Basis.--
(1) Educational assistance is payable under this chapter for pursuit of 
an approved program of education on less than half-time basis.
    ``(2) The educational assistance payable under this chapter to an 
individual pursuing a program of education on less than half-time basis 
is the amounts as follows:
            ``(A) The amount equal to the lesser of--
                    ``(i) the established charges which similarly 
                circumstanced nonveterans enrolled in the 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) of subsection (c), for the program of 
                education if the individual were entitled to amounts 
                for the program of education under subsection (c) 
                rather than this subsection.
            ``(B) A housing stipend in an amount equal to the amount of 
        the appropriately reduced amount of monthly stipend for housing 
        otherwise payable to the individual under subsection (c).
            ``(C) A stipend in an amount equal to the amount of the 
        appropriately reduced amount of the yearly stipend for books, 
        supplies, equipment, and other educational costs otherwise 
        payable to the individual under subsection (c).
    ``(3)(A) Except as provided in subparagraph (C), payments of the 
amounts payable to an individual under subparagraphs (A) and (B) of 
paragraph (2) shall be made on a monthly basis.
    ``(B) Payment of the amounts payable to an individual under 
subparagraph (C) of paragraph (2) for pursuit of a program of education 
on less than half-time basis shall be made in a lump-sum, and shall be 
made not later than the last day of the month immediately 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.
    ``(C) At the request of an individual entitled to educational 
assistance under this chapter, payment of the amounts payable under 
subparagraph (A) of paragraph (2) for pursuit of a program of education 
on less than a half-time basis 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 (d)(4)) for which amounts are paid an 
individual under this subsection, the entitlement of the individual to 
educational assistance under this chapter shall be charged at a 
percentage of a month equal to--
            ``(A) the number of course hours borne by the individual in 
        pursuit of the program of education 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) 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:
            ``(A) The amount equal to the lesser of--
                    ``(i) the established charge which similarly 
                circumstances nonveterans enrolled in the program 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) of subsection (c) for the program of 
                education if the individual were entitled to amounts 
                for the program of education under subsection (c) 
                rather than this subsection.
            ``(B) A housing stipend in an amount equal to the amount of 
        the appropriately reduced amount of monthly stipend for housing 
        otherwise payable to the individual under subsection (c).
            ``(C) A stipend in an amount equal to the amount of the 
        appropriately reduced amount of the yearly stipend for books, 
        supplies, equipment, and other educational costs otherwise 
        payable to the individual under subsection (c).
    ``(3) The nature and amount of the tuition, fees, and other 
expenses constituting the established charge for a program of 
apprenticeship or training under this subsection shall be determined in 
accordance with regulations prescribed by the Secretary.
    ``(4)(A) Payment of the amounts payable under subparagraphs (A) and 
(C) of paragraph (2) 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) Payments of the amounts payable under subparagraph (B) of 
paragraph (2) shall be made on a monthly basis.
    ``(5) For each month (as determined pursuant to the methods 
prescribed under subsection (d)(4)) for which amounts are paid an 
individual under this subsection, the entitlement of the individual to 
educational assistance under this chapter shall be charged at the rate 
of one month for each such month.
    ``(h) Programs of Education by Correspondence.--(1) Educational 
assistance is payable under this chapter for pursuit of a program of 
education exclusively by correspondence.
    ``(2) The educational assistance payable under this chapter to an 
individual who is pursuing a program of education exclusively by 
correspondence is the amounts as follows:
            ``(A) An amount equal to 55 percent of amount that would be 
        payable to the individual for the program of education under 
        paragraph (1) of subsection (c) for the program of education 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 equivalent of 55 
        percent of the appropriately reduced amount of the yearly 
        stipend for books, supplies, equipment, and other educational 
        costs otherwise payable to the individual under subsection (c).
    ``(3) Payment of the amounts payable under paragraph (2) 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 (d)(4)) for which amounts are paid an 
individual under this subsection, the entitlement of the individual to 
educational assistance under this chapter shall be charged at the rate 
of one month for each such month.
    ``(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) 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:
            ``(A) The amount equal to the lesser of--
                    ``(i) the established charge which similarly 
                circumstances nonveterans enrolled in the program 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) of subsection (c) for the program of 
                education if the individual were entitled to amounts 
                for the program of education under subsection (c) 
                rather than this subsection.
            ``(B) A housing stipend in an amount equal to the amount of 
        the appropriately reduced amount of monthly stipend for housing 
        otherwise payable to the individual under subsection (c).
            ``(C) A monthly stipend in an amount equal to the monthly 
        equivalent of the appropriately reduced amount of the yearly 
        stipend for books, supplies, equipment, and other educational 
        costs otherwise payable to the individual under subsection (c).
    ``(4) 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.
    ``(5) Payment of the amounts payable under paragraph (3) for 
pursuit of a program of flight training shall be made on a monthly 
basis.
    ``(6) 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) Payment of Certain Amounts by Voucher.--Amounts payable under 
subsections (c)(1), (e)(2)(A), (f)(2)(A), (g)(2)(A), (h)(2)(A), and 
(i)(3)(A) shall be paid to the individual concerned in the form of a 
voucher, or other form of credit specified by the Secretary for 
purposes of this subsection, that is redeemable by the educational 
institution concerned in such manner as the Secretary shall prescribe.
    ``(k) Established Charges Defined.--(1) In 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 and fees which 
similarly circumstanced nonveterans enrolled in the program of 
education would be required to pay.
    ``(2) 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.
``Sec. 3316. Supplemental educational assistance for additional service
    ``(a) In General.--Under such regulations as the Secretary of 
Defense shall prescribe, an individual entitled to educational 
assistance under this chapter shall be eligible for supplemental 
educational assistance for additional service as authorized by the 
provisions of subchapter III of chapter 30 of this title.
    ``(b) Administration.--The qualification for entitlement, amount, 
and payment of supplemental educational assistance under this section 
shall be in accordance with the provisions of subchapter III of chapter 
30 of this title, except that any reference in such provisions to 
eligibility for basic educational assistance under a provision of 
subchapter II of chapter 30 of this title shall be treated as a 
reference to eligibility for educational assistance under the 
appropriate provision of this chapter.
``Sec. 3317. Transfer of entitlement to basic educational assistance
    ``(a) In General.--Subject to the provisions of this section, an 
individual who is entitled to basic educational assistance under this 
subchapter to elect to transfer to one or more of the dependents 
specified in subsection (b) a portion of such individual's entitlement 
to such assistance.
    ``(b) Eligible Dependents.--An individual approved to transfer an 
entitlement to basic 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).
    ``(c) Designation of Transferee.--An individual transferring an 
entitlement to basic 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 
        effective for each dependent designated under paragraph (1).
``Sec. 3318. Use of educational assistance benefits for the repayment 
              of Federal student loans for certain courses of education
    ``(a) Use of Benefits.--Notwithstanding any other provision of this 
chapter, an individual who is entitled to educational assistance under 
this subchapter may apply amounts of such educational assistance 
otherwise available to the individual to repay some or all of any 
Federal student loan balance owed by the individual for a course of 
education.
    ``(b) Amount of Payments.--The Secretary shall make monthly 
payments under this section in such amounts as the individual may elect 
for the repayment of a Federal student loan of such an individual.
    ``(c) Arrangements To Make Payments.--The Secretary shall enter 
into such arrangements, and shall prescribe such regulations, as may be 
necessary to carry out this section.
    ``(d) Federal Student Loan Defined.--In this section, the term 
`Federal student loan' means any loan made under title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.).

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

``Sec. 3321. Time limitation for use of and eligibility for entitlement
    ``(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 20-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 20-
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 section 3011(c)(4).
``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 Returning Soldiers' Bill 
of Rights Act, 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 101(c) of 
the Returning Soldiers' Bill of Rights Act.
``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. Basic Educational Assistance for Service in Support of    3301''.
                            a Contingency Operation.
    (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 
        educational assistance program for service in support of a 
        contingency operation.--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) before, on, or after 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, whether or not the individual has 
                        used all or part of the individual's 
                        entitlement under that chapter;
                            (ii) is entitled to educational assistance 
                        under chapter 107, 1606, or 1607 of title 10, 
                        United States Code, whether or not the 
                        individual has used all or part of the 
                        individual's entitlement under that chapter;
                            (iii) 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
                            (iv) 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) 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 dependent or 
                dependents concerned in accordance with the current 
                transfer of such entitlement under section 3020 of 
                title 38, United States Code.
            (3) Educational assistance for service in support of a 
        contingency operation.--
                    (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) of that paragraph, 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), 
                accumulated by an individual described in subparagraph 
                (A)(i) or (A)(ii) of paragraph (1) who makes an 
                election under that paragraph is less than 36 months, 
                the individual shall retain, and may utilize, any 
                unutilized entitlement of the individual to 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.

                           TITLE II--HOUSING

SEC. 201. REPEAL OF DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN FEE.

    (a) Repeal.--
            (1) In general.--Chapter 37 of title 38, United States 
        Code, is amended by striking section 3729.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by striking the item 
        relating to section 3729.
    (b) Conforming Amendments.--Such title is further amended--
            (1) in section 2041(b)(2)--
                    (A) by striking subparagraph (C);
                    (B) in subparagraph (A), by inserting ``and'' after 
                the semicolon; and
                    (C) in subparagraph (B), by striking the semicolon 
                and inserting a period;
            (2) in section 3722(c)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
            (3) in section 3734(b)(2)--
                    (A) by striking subparagraph (A); and
                    (B) by redesignating subparagraphs (B) through (E) 
                as subparagraphs (A) through (D), respectively.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for housing loans under 
chapter 37 of title 38, United States Code, $250,000,000 for each 
fiscal year.

SEC. 203. READJUSTMENT HOUSING ALLOWANCE.

    (a) Provision of Housing Allowance.--The Secretary of Veterans 
Affairs shall provide to each qualifying veteran a voucher in an amount 
sufficient to pay for the cost of the veteran's housing for 180 days, 
except that in no case shall the amount of the voucher exceed $6,000.
    (b) Qualifying Veteran.--For purposes of this section, the term 
``qualifying veteran'' means a veteran of Operation Iraqi Freedom or 
Operation Enduring Freedom who, on or after September 11, 2001, serves 
or served, or both, an aggregate of at least 6 months on active duty in 
the Armed Forces in support of a contingency operation.

                         TITLE III--EMPLOYMENT

SEC. 301. AUTHORIZATION OF APPROPRIATIONS FOR VETERANS EMPLOYMENT AND 
              TRAINING.

    There is authorized to be appropriated for veterans' employment and 
training under chapter 41 of title 38, United States Code--
            (1) $350,000,000 for fiscal year 2009;
            (2) $375,000,000 for fiscal year 2010;
            (3) $400,000,000 for fiscal year 2011;
            (4) $425,000,000 for fiscal year 2012; and
            (5) $450,000,000 for fiscal year 2012.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR THE SERVICE MEMBERS 
              OCCUPATIONAL CONVERSION AND TRAINING ACT.

    There is authorized to be appropriated to carry out the Service 
Members Occupational Conversion and Training Act (subtitle G of title 
XLIV of division D of Public Law 102-484 (106 Stat. 2757 et seq.))--
            (1) $50,000,000 for fiscal year 2009;
            (2) $55,000,000 for fiscal year 2010;
            (3) $60,000,000 for fiscal year 2011;
            (4) $65,000,000 for fiscal year 2012; and
            (5) $70,000,000 for fiscal year 2012.
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