[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4064 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4064

 To make certain improvements in the Post-9/11 Educational Assistance 
                                program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 7, 2009

 Ms. Giffords introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To make certain improvements in the Post-9/11 Educational Assistance 
                                program.

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

SECTION 1. AUTHORITY OF CERTAIN MEMBERS OF THE ARMED FORCES TO TRANSFER 
              ENTITLEMENT TO POST-9/11 EDUCATIONAL ASSISTANCE TO THEIR 
              DEPENDENTS.

    Subsection (b) of section 3319 of title 38, United States Code, is 
amended to read as follows:
    ``(b) Eligible Individuals.--An individual referred to in 
subsection (a) is any member of the Armed Forces who--
            ``(1) at the time of the approval of the individual's 
        request to transfer entitlement to educational assistance under 
        this section, has completed at least--
                    ``(A) six years of service in the Armed Forces and 
                enters into an agreement to serve at least four more 
                years as a member of the Armed Forces; or
                    ``(B) the years of service as determined in 
                regulations pursuant to section (k);
            ``(2) retired on or after September 10, 2001, and on or 
        before July 31, 2009; or
            ``(3) medically retired or separated from the Armed Forces 
        on or after September 10, 2001, by reason of a disability 
        determined to be a service-connected disability.''.

SEC. 2. SPECIAL RULES FOR CERTAIN INDIVIDUALS ENTITLED TO POST-9/11 
              EDUCATIONAL ASSISTANCE AND BASIC EDUCATIONAL ASSISTANCE 
              UNDER MONTGOMERY GI BILL.

    Section 5003(c)(4) of the Post-9/11 Veterans Educational Assistance 
Act of 2008 (title V of Public Law 110-252) is amended--
            (1) by adding at the end the following new subparagraph:
                    ``(C) Special rule for certain members entitled to 
                mgib.--In the case of an individual who makes an 
                election under paragraph (1) and who is entitled to 
                basic educational assistance under chapter 30 of title 
                38, United States Code, by reason of the individual's 
                service in the Armed Forces or before September 10, 
                2001--
                            ``(i) if the individual is entitled to not 
                        more than 24 months of basic educational 
                        assistance under such chapter prior to making 
                        such election, the individual shall be entitled 
                        to 36 months of 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; and
                            ``(ii) if the individual is entitled to 
                        more than 24 months of basic educational 
                        assistance under such chapter prior to making 
                        such election, the individual shall be entitled 
                        to 36 months of educational assistance under 
                        chapter 33 of title 38, United States Code (as 
                        so added) in accordance with the provisions of 
                        such chapter, plus the number of months, in 
                        excess of 24, of basic educational assistance 
                        under chapter 30 of such title to which the 
                        individual is entitled.''; and
            (2) in subparagraph (A), by inserting ``subparagraph (C) 
        or'' before ``paragraph (5)''.

SEC. 3. MONTHLY HOUSING ASSISTANCE FOR INDIVIDUALS PURSUING PROGRAMS OF 
              EDUCATION OFFERED THROUGH DISTANCE LEARNING WHO RECEIVE 
              POST-9/11 EDUCATIONAL ASSISTANCE.

    Section 3313(c)(1)(B)(i) of title 38, United States Code, is 
amended--
            (1) by striking ``(other than, in the case of assistance 
        under this section only, a program of education offered through 
        distance learning)''; and
            (2) by adding at the end the following: ``, except that in 
        the case of an individual pursuing a program of education 
        offered, completely or in part, through distance learning, the 
        amount of the monthly housing stipend under this clause shall 
        be 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 in which the individual resides.''

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as if included in 
the enactment of the Post-9/11 Veterans Educational Assistance Act of 
2008 (title V of Public Law 110-252).
                                 <all>