1.This Act may be cited as
the Post-9/11 Veterans Educational
Assistance Act of 2007
.
2.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.
3.Educational
assistance for members of the Armed Forces who serve after September 11,
2001
(a)Educational
assistance authorized
(1)Part III of title 38, United States Code, is amended by
inserting after chapter 32 the following new chapter:
33Post–9/11
Educational Assistance
SUBCHAPTER I—Definitions
Sec.
3301. Definitions.
SUBCHAPTER II—Educational Assistance
3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001: entitlement.
3312. Educational assistance: duration.
3313. Educational assistance: amount; payment.
3314. Tutorial assistance.
3315. Licensure and certification tests.
3316. Supplemental educational assistance for additional
service.
3317. Public-private contributions for additional educational
assistance.
SUBCHAPTER III—Administrative Provisions
3321. Time limitation for use of and eligibility for
entitlement.
3322. Bar to duplication of educational assistance
benefits.
3323. Administration.
3324. Allocation of administration and costs.
I
3301.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
entry level and skill training means the following:
(A)In the case of
members of the Army, Basic Combat Training and Advanced Individual
Training.
(B)In the case of
members of the Navy, Recruit Training (or Boot Camp) and Skill
Training (or
so-called A
School).
(C)In the case of
members of the Air Force, Basic Military Training and Technical
Training.
(D)In the case of
members of the Marine Corps, Recruit Training and Marine Corps
Training (or
School of Infantry Training).
(E)In the case of
members of the Coast Guard, Basic Training.
(3)The terms program of education
and Secretary of Defense have the meaning given such terms in
section 3002 of this title.
II
3311.Educational
assistance for service in the Armed Forces commencing on or after
September 11,
2001: entitlement
(a)Subject
to subsections (d) and (e), each individual described in subsection
(b) is
entitled to educational assistance under this chapter.
(b)An individual described in this subsection is any
individual as follows:
(1)An individual
(including an individual as a Reserve) who—
(A)commencing on or
after September 11, 2001, serves an aggregate of at least 36 months
on active
duty in the Armed Forces (including service on active duty in entry
level and
skill training); and
(B)after completion
of service described in subparagraph (A)—
(i)continues on
active duty; or
(ii)is discharged or
released from active duty as described in subsection (c).
(2)An individual
who—
(A)commencing on or
after September 11, 2001, serves at least 30 continuous days on
active duty in
the Armed Forces; and
(B)after completion
of service described in subparagraph (A), is discharged or released
from active
duty in the Armed Forces for a service-connected disability.
(3)An individual
who—
(A)commencing on or
after September 11, 2001, serves an aggregate of at least 30
months, but less
than 36 months, on active duty in the Armed Forces (including
service on active
duty in entry level and skill training); and
(B)after completion
of service described in subparagraph (A)—
(i)continues on
active duty for an aggregate of less than 36 months; or
(ii)before
completion of service on active duty of an aggregate of 36 months,
is
discharged or released from active duty as described in subsection
(c).
(4)An individual
who—
(A)commencing on or
after September 11, 2001, serves an aggregate of at least 24
months, but less
than 30 months, on active duty in the Armed Forces (including
service on active
duty in entry level and skill training); and
(B)after completion
of service described in subparagraph (A)—
(i)continues on
active duty for an aggregate of less than 30 months; or
(ii)before
completion of service on active duty of an aggregate of 30 months,
is
discharged or released from active duty as described in subsection
(c).
(5)An individual
who—
(A)commencing on or
after September 11, 2001, serves an aggregate of at least 18
months, but less
than 24 months, on active duty in the Armed Forces (excluding
service on active
duty in entry level and skill training); and
(B)after completion
of service described in subparagraph (A)—
(i)continues on
active duty for an aggregate of less than 24 months; or
(ii)before
completion of service on active duty of an aggregate of 24 months,
is
discharged or released from active duty as described in subsection
(c).
(6)An individual
who—
(A)commencing on or
after September 11, 2001, serves an aggregate of at least 12
months, but less
than 18 months, on active duty in the Armed Forces (excluding
service on active
duty in entry level and skill training); and
(B)after completion
of service described in subparagraph (A)—
(i)continues on
active duty for an aggregate of less than 18 months; or
(ii)before
completion of service on active duty of an aggregate of 18 months,
is
discharged or released from active duty as described in subsection
(c).
(7)An individual
who—
(A)commencing on or
after September 11, 2001, serves an aggregate of at least 6 months,
but less
than 12 months, on active duty in the Armed Forces (excluding
service on active
duty in entry level and skill training); and
(B)after completion
of service described in subparagraph (A)—
(i)continues on
active duty for an aggregate of less than 12 months; or
(ii)before
completion of service on active duty of an aggregate of 12 months,
is
discharged or released from active duty as described in subsection
(c).
(8)An individual
who—
(A)commencing on or
after September 11, 2001, serves an aggregate of at least 90 days,
but less
than 6 months, on active duty in the Armed Forces (excluding
service on active
duty in entry level and skill training); and
(B)after completion
of service described in subparagraph (A)—
(i)continues on
active duty for an aggregate of less than 6 months; or
(ii)before
completion of service on active duty of an aggregate of 6 months,
is discharged
or released from active duty as described in subsection (c).
(c)Covered
discharges and releasesA discharge or release from active duty
of an individual described in this subsection is a discharge or
release as
follows:
(1)A discharge from
active duty in the Armed Forces with an honorable discharge.
(2)A release after
service on active duty in the Armed Forces characterized by the
Secretary
concerned as honorable service and placement on the retired list,
transfer to
the Fleet Reserve or Fleet Marine Corps Reserve, or placement on
the temporary
disability retired list.
(3)A release from
active duty in the Armed Forces for further service in a reserve
component of
the Armed Forces after service on active duty characterized by the
Secretary
concerned as honorable service.
(4)A discharge or
release from active duty in the Armed Forces for—
(A)a medical
condition which preexisted the service of the individual as
described in the
applicable paragraph of subsection (b) and which the Secretary
determines is
not service-connected;
(B)hardship;
or
(C)a physical or
mental condition that was not characterized as a disability and did
not result
from the individual's own willful misconduct but did interfere with
the
individual's performance of duty, as determined by the Secretary
concerned in
accordance with regulations prescribed by the Secretary of Defense.
(d)Prohibition on
treatment of certain service as period of active dutyThe
following periods of service shall not be considered a part of the
period of
active duty on which an individual's entitlement to educational
assistance
under this chapter is based:
(1)A period of
service on active duty of an officer pursuant to an agreement under
section
2107(b) of title 10.
(2)A period of
service on active duty of an officer pursuant to an agreement under
section
4348, 6959, or 9348 of title 10.
(3)A period of
service that is terminated because of a defective enlistment and
induction
based on—
(A)the individual's
being a minor for purposes of service in the Armed Forces;
(B)an erroneous
enlistment or induction; or
(C)a defective
enlistment agreement.
(e)Treatment of
individuals entitled under multiple provisionsIn the event an
individual entitled to educational assistance under this chapter is
entitled by
reason of both paragraphs (4) and (5) of subsection (b), the
individual shall
be treated as being entitled to educational assistance under this
chapter by
reason of paragraph (5) of such subsection.
3312.Educational
assistance: duration
(a)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)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).
3313.Educational
assistance: amount; payment
(a)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 educationExcept 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 assistanceThe amounts payable under this subsection
for pursuit of an approved program of education are amounts as
follows:
(1)In the case of an
individual entitled to educational assistance under this chapter by
reason of
section 3311(b)(1) or 3311(b)(2) of this title, amounts as follows:
(A)An amount equal
to the established charges for the program of education, except
that the amount
payable under this subparagraph may not exceed the maximum amount
of
established charges regularly charged in-State students for
full-time pursuit
of programs of education by the public institution of higher
education in the
State in which the individual is enrolled that has the highest rate
of
regularly-charged established charges for programs of education
among all
public institutions of higher education in such State.
(B)A monthly housing
stipend in an amount equal to the monthly amount of the basic
allowance for
housing payable under section 403 of title 37 for a member with
dependents in
pay grade E–5 residing in the military housing area that
encompasses all or the
majority portion of the ZIP code area in which is located the
institution of
higher education at which the individual is enrolled.
(C)A yearly stipend
for books, supplies, equipment, and other educational costs in the
amount of
$1,000.
(2)In the case of an
individual entitled to educational assistance under this chapter by
reason of
section 3311(b)(3) of this title, amounts equal to 90 percent of
the amounts
that would be payable to the individual under paragraph (1) for the
program of
education if the individual were entitled to amounts for the
program of
education under paragraph (1) rather than this paragraph.
(3)In the case of an
individual entitled to educational assistance under this chapter by
reason of
section 3311(b)(4) of this title, amounts equal to 80 percent of
the amounts
that would be payable to the individual under paragraph (1) for the
program of
education if the individual were entitled to amounts for the
program of
education under paragraph (1) rather than this paragraph.
(4)In the case of an
individual entitled to educational assistance under this chapter by
reason of
section 3311(b)(5) of this title, amounts equal to 70 percent of
the amounts
that would be payable to the individual under paragraph (1) for the
program of
education if the individual were entitled to amounts for the
program of
education under paragraph (1) rather than this paragraph.
(5)In the case of an
individual entitled to educational assistance under this chapter by
reason of
section 3311(b)(6) of this title, amounts equal to 60 percent of
the amounts
that would be payable to the individual under paragraph (1) for the
program of
education if the individual were entitled to amounts for the
program of
education under paragraph (1) rather than this paragraph.
(6)In the case of an
individual entitled to educational assistance under this chapter by
reason of
section 3311(b)(7) of this title, amounts equal to 50 percent of
the amounts
that would be payable to the individual under paragraph (1) for the
program of
education if the individual were entitled to amounts for the
program of
education under paragraph (1) rather than this paragraph.
(7)In the case of an
individual entitled to educational assistance under this chapter by
reason of
section 3311(b)(8) of this title, amounts equal to 40 percent of
the amounts
that would be payable to the individual under paragraph (1) for the
program of
education if the individual were entitled to amounts for the
program of
education under paragraph (1) rather than this paragraph.
(d)(1)Payment of the amounts
payable under subsection (c)(1)(A), and of similar amounts payable
under
paragraphs (2) through (7) of subsection (c), for pursuit of a
program of
education shall be made 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
subsection (c)(1)(B), and of similar amounts payable under
paragraphs (2)
through (7) of subsection (c), for pursuit of a program of
education shall be
made on a monthly basis.
(3)The amount payable under subsection
(c)(1)(C), and similar amounts payable under paragraphs (2) through
(7) of
subsection (c), for pursuit of a program of education shall be
payable in equal
installments for the quarter, semester, or term, as applicable,
falling within
the year concerned. Payment of such amounts shall be made in a
lump-sum amount
for the entire quarter, semester, or term, as the case may be, of
the program
of education before the commencement of such quarter, semester, or
term.
(4)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 under
paragraphs (1) and (3) 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 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)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 (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)(A)
of subsection (c), or under the provisions of paragraphs (2)
through (7) of
subsection (c) applicable to the individual, 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)Payment of the amounts
payable to an individual under subparagraphs (A) and (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.
(B)Payments of the amounts payable to an
individual under subparagraph (B) of paragraph (2) shall be made on
a monthly
basis.
(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)(A)
of subsection (c), or under the provisions of paragraphs (2)
through (7) of
subsection (c) applicable to the individual, 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)(A) of subsection (c), or under the provisions
of paragraphs
(2) through (7) of subsection (c) applicable to the individual, 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)(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)(A)
of subsection (c), or under the provisions of paragraphs (2)
through (7) of
subsection (c) applicable to the individual, 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 voucherAmounts payable under subsections
(c)(1)(A), (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.
3314.
(a)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)(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)(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 entitlementAny benefits provided an individual under
subsection (a) are in addition to any other educational assistance
benefits
provided the individual under this chapter.
3315.Licensure and
certification tests
(a)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)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 entitlementAny amount paid an individual under
subsection (a) is in addition to any other educational assistance
benefits
provided the individual under this chapter.
3316.Supplemental
educational assistance for additional service
(a)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)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.
3317.Public-private
contributions for additional educational assistance
(a)In instances where the educational assistance provided
pursuant to section 3313(c)(1)(A) does not cover the full cost of
established
charges (as specified in section 3313 of this title), the Secretary
shall carry
out a program under which colleges and universities can,
voluntarily, enter
into an agreement with the Secretary to cover a portion of those
established
charges not otherwise covered under section 3313(c)(1)(A), which
contributions
shall be matched by equivalent contributions toward such costs by
the
Secretary. The program shall only apply to covered individuals
described in
paragraphs (1) and (2) of section 3311(b).
(b)The program under this section shall be known as the
Yellow Ribbon G.I. Education Enhancement Program
.
(c)The
Secretary shall enter into an agreement with each college or
university seeking
to participate in the program under this section. Each agreement
shall specify
the following:
(1)The manner
(whether by direct grant, scholarship, or otherwise) of the
contributions to be
made by the college or university concerned.
(2)The maximum
amount of the contribution to be made by the college or university
concerned
with respect to any particular individual in any given academic
year.
(3)The maximum
number of individuals for whom the college or university concerned
will make
contributions in any given academic year.
(4)Such other
matters as the Secretary and the college or university concerned
jointly
consider appropriate.
(d)(1)In instances where the
educational assistance provided an individual under section
3313(c)(1)(A) of
this title does not cover the full cost of tuition and mandatory
fees at a
college or university, the Secretary shall provide up to 50 percent
of the
remaining costs for tuition and mandatory fees if the college or
university
voluntarily enters into an agreement with the Secretary to match an
equal
percentage of any of the remaining costs for such tuition and fees.
(2)Amounts available to the Secretary
under section 3324(b) of this title for payment of the costs of
this chapter
shall be available to the Secretary for purposes of paragraph (1).
(e)The
Secretary shall make available on the Internet website of the
Department
available to the public a current list of the colleges and
universities
participating in the program under this section. The list shall
specify, for
each college or university so listed, appropriate information on
the agreement
between the Secretary and such college or university under
subsection
(c).
IIIAdministrative
Provisions
3321.Time
limitation for use of and eligibility for entitlement
(a)Except as provided in this section, the period during
which an individual entitled to educational assistance under this
chapter may
use such individual's entitlement expires at the end of the 15-year
period
beginning on the date of such individual's last discharge or
release from
active duty.
(b)(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 section 3311(b)(2) of this title.
3322.Bar to
duplication of educational assistance benefits
(a)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 programsA
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 ReserveAn 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 mattersIn 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.
3323.
(a)(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)(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)(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.
3324.Allocation of
administration and costs
(a)Except
as otherwise provided in this chapter, the Secretary shall
administer the
provision of educational assistance under this chapter.
(b)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)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
Assistance3301
.
(b)
(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
assistanceAn 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, entitlement under that
chapter;
(ii)is
entitled to educational assistance under chapter 107, 1606, or 1607 of
title
10, United States Code, and has used, but retains unused, entitlement
under the
applicable chapter;
(iii)is entitled to
basic educational assistance under chapter 30 of title 38, United States
Code,
but has not used any entitlement under that chapter;
(iv)is
entitled to educational assistance under chapter 107, 1606, or 1607 of
title
10, United States Code, but has not used any entitlement under such
chapter;
(v)is
a member of the Armed Forces who is eligible for receipt of basic
educational
assistance under chapter 30 of title 38, United States Code, and is making
contributions toward such assistance under section 3011(b) or 3012(c) of
such
title; or
(vi)is
a member of the Armed Forces who is not entitled to basic educational
assistance under chapter 30 of title 38, United States Code, by reason of
an
election under section 3011(c)(1) or 3012(d)(1) of such title; and
(B)as of the date of
the individual's election under this paragraph, meets the requirements for
entitlement to educational assistance under chapter 33 of title 38, United
States Code (as so added).
(2)Election on
treatment of transferred entitlement
(A)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 entitlementAny 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 entitlementAny 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)Post-9/11
educational assistance
(A)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 individualsIn 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)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 entitlementThe 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)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)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
contributionsEffective 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 billExcept 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 electionsAn election under paragraph (1) or (2)(A) is
irrevocable.