[Congressional Record Volume 153, Number 1 (Thursday, January 4, 2007)]
[Senate]
[Pages S56-S61]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WEBB:
  S. 22. A bill to amend title 38, United States Code, to establish a 
program of educational assistance for members of the Armed Forces who 
serve in the Armed Forces after September 11, 2001, and for other 
purposes; to the Committee on Veterans' Affairs.
  Mr. WEBB. Mr. President, I rise today to speak in support of a bill 
that I am introducing, entitled the Post-9/11 Veterans Educational 
Assistance Act of 2007. This bill is designed to expand the educational 
benefits that our Nation offers to the brave men and women who have 
served us so honorably since the terrorist attacks of September 11, 
2001.
  As a veteran who hails from a family with a long history of military 
service, I am proud to offer this bill as my first piece of legislation 
in the United States Senate.
  Most of us know that our country has a tradition--since World War 
II--of offering educational assistance to returning veterans. In the 
1940s, the first G.I. bill helped transform notions of equality in 
American society. The G.I. bill program was designed to help veterans 
readjust to civilian life, avoid high levels of unemployment, and give 
veterans the opportunity to receive the education and training that 
they missed while bravely serving in the military.
  To achieve these goals, the post-World War II G.I. bill paid for 
veterans' tuition, books, fees, and other training costs, and also gave 
a monthly stipend. After World War II, 7.8 million veterans used the 
benefits given under the original G.I. bill in some form, out of a 
wartime veteran population of 15 million.
  Over the last several decades, Congress subsequently passed several 
other G.I. bills, which also gave educational benefits to veterans. 
However, benefits awarded under those subsequent bills have not been as 
generous as our Nation's original G.I. bill.
  Currently, veterans' educational benefits are administered under the 
Montgomery G.I. bill. This program periodically adjusts veterans' 
educational benefits, but the program is designed primarily for 
peacetime--not wartime--service.
  Yet, now our Nation is fighting a worldwide war against terrorism. 
Since 9/11, we have witnessed a sharp increase in the demands placed 
upon our military. Many of our military members are serving two or 
three tours of duty in Iraq and Afghanistan. In light of these immense 
hardships, it is now time to implement a more robust educational 
assistance program for our heroic veterans who have sacrificed so much 
for our great Nation.
  The Post-9/11 Veterans Educational Assistance Act of 2007 does just 
that. This bill is designed to give our returning troops educational 
benefits identical to the benefits provided to veterans after World War 
II.
  The new benefits package under the bill I am introducing today will 
include the costs of tuition, room and board, and a monthly stipend of 
$1,000. By contrast, existing law under the Montgomery G.I. bill 
provides educational support of up to $1,000 per month for four years, 
totaling $9,000 for each academic year. This benefit simply is 
insufficient after 9/11.
  For example, costs of tuition, room, and board for an in-state 
student at George Mason University, located in

[[Page S57]]

Fairfax, Virginia, add up to approximately $14,000 per year. In 
addition, existing law requires participating service members to pay 
$1,200 during their first year of service in order to even qualify for 
the benefit.
  Let me briefly summarize some of the reforms that are contained in 
the bill I am introducing today.
  First, these increased educational benefits will be available to 
those members of the military who have served on active duty since 
September 11, 2001. In general, to qualify, veterans must have served 
at least two years of active duty, with at least some period of active 
duty time served beginning on or after September 11, 2001.
  Next, the bill provides for educational benefits to be paid for a 
duration of time that is linked to time served in the military. 
Generally, veterans will not receive assistance for more than a total 
of 36 months, which equals four academic years.
  Third, as I mentioned a moment ago, my bill would allow veterans 
pursuing an approved program of education to receive payments covering 
the established charges of their program, room and board, and a monthly 
stipend of $1,000. Moreover, the bill would allow additional payments 
for tutorial assistance, as well as licensure and certification tests.
  Fourth, veterans would have up to 15 years to use their educational 
assistance entitlement. But veterans would be barred from receiving 
concurrent assistance from this program and another similar program, 
such as the Montgomery G.I. bill program.
  Finally, under this bill, the Secretary of Veterans Affairs would 
administer the program, promulgate rules to carry out the new law, and 
pay for the program from funds made available to the Department of 
Veterans Affairs for the payment of readjustment benefits.
  Again, I note that the benefits I have outlined today essentially 
mirror the benefits allowed under the G.I. bill enacted after World War 
II. That bill helped spark economic growth and expansion for a whole 
generation of Americans. The bill I introduce today likely will have 
similar beneficial effects. As the post-World War II experience so 
clearly indicated, better educated veterans have higher income levels, 
which in the long run will increase tax revenues.
  Moreover, a strong G.I. bill will have a positive effect on military 
recruitment, broadening the socio-economic makeup of the military and 
reducing the direct costs of recruitment.
  Perhaps more importantly, better-educated veterans have a more 
positive readjustment experience. This experience lowers the costs of 
treating post-traumatic stress disorder and other readjustment-related 
difficulties.
  The United States has never erred when it has made sustained new 
investments in higher education and job training. Enacting the Post-9/
11 Veterans Educational Assistance Act of 2007 is not only the right 
thing to do for our men and women in uniform, but it also is a strong 
tonic for an economy plagued by growing disparities in wealth, stagnant 
wages, and the outsourcing of American jobs.
  Mr. President I am a proud veteran who is honored to serve this great 
Nation. As long as I represent Virginians in the United States Senate, 
I will make it a priority to help protect our brave men and women in 
uniform.
  I am honored that the Senate Majority Leader has agreed to join with 
me to be a defender and advocate of our veterans. The Majority Leader 
has included the concepts of the bill I introduce today in his 
leadership bill designed to rebuild the United States military. 
Additionally, I plan to work closely with Veterans' Affairs Committee 
Chairman Akaka--and all of my Senate colleagues--to statutorily update 
G.I. benefits.
  Together we can provide the deserving veterans of the 9/11 with the 
same program of benefits that our fathers and grandfathers received 
after World War II.
  Mr. President, I ask that the bill I introduce today--the Post-9/11 
Veterans Educational Assistance Act of 2007--be printed in the Record 
along with this statement.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 22

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) On September 11, 2001, terrorists attacked the United 
     States, and the brave members of the Armed Forces of the 
     United States were called to the defense of the Nation.
       (2) Service on active duty in the Armed Forces has been 
     especially arduous for the members of the Armed Forces since 
     September 11, 2001.
       (3) The United States has a proud history of offering 
     educational assistance to millions of veterans, as 
     demonstrated by the many ``G.I. Bills'' enacted since World 
     War II. Educational assistance for veterans helps reduce the 
     costs of war, assist veterans in readjusting to civilian life 
     after wartime service, and boost the United States economy, 
     and has a positive effect on recruitment for the Armed 
     Forces.
       (4) The current educational assistance program for veterans 
     is outmoded and designed for peacetime service in the Armed 
     Forces.
       (5) The people of the United States greatly value military 
     service and recognize the difficult challenges involved in 
     readjusting to civilian life after wartime service in the 
     Armed Forces.
       (6) It is in the national interest for the United States to 
     provide veterans who served on active duty in the Armed 
     Forces after September 11, 2001, with enhanced educational 
     assistance benefits that are worthy of such service and are 
     commensurate with the educational assistance benefits 
     provided by a grateful Nation to veterans of World War II.

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

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

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

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.

                 ``subchapter ii--educational assistance

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

               ``subchapter iii--administrative provisions

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

                      ``SUBCHAPTER I--DEFINITIONS

     ``Sec. 3301. Definitions

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

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

     ``Sec. 3311. Educational assistance for service in the Armed 
       Forces after September 11, 2001: entitlement

       ``(a) Entitlement.--Except as provided in subsection (c) 
     and subject to subsections (d) through (f), each individual 
     described in subsection (b) is entitled to educational 
     assistance under this chapter.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       ``(1) An individual who--
       ``(A) as of September 11, 2001, is a member of the Armed 
     Forces and has served an aggregate of at least two years of 
     active duty in the Armed Forces; and
       ``(B) after September 10, 2001--
       ``(i) serves at least 30 days of active duty in the Armed 
     Forces; or
       ``(ii) is discharged or released as described in subsection 
     (d)(1).
       ``(2) An individual who--
       ``(A) as of September 10, 2001, is a member of the Armed 
     Forces;
       ``(B) as of any date on or after September 11, 2001--
       ``(i) has served an aggregate of at least two years of 
     active duty in the Armed Forces; or
       ``(ii) before completion of service as described in clause 
     (i), is discharged or released as described in subsection 
     (d)(1); and
       ``(C) if described by subparagraph (B)(i), after September 
     11, 2001--
       ``(i) serves at least 30 days of active duty in the Armed 
     Forces; or
       ``(ii) is discharged or released as described in subsection 
     (d)(1).
       ``(3) An individual who--
       ``(A) on or after September 11, 2001, first becomes a 
     member of the Armed Forces or

[[Page S58]]

     first enters on active duty as a member of the Armed Forces 
     and--
       ``(i) serves an aggregate of at least two years of active 
     duty in the Armed Forces; or
       ``(ii) before completion of service as described in clause 
     (i), is discharged or released as described in subsection 
     (d);
       ``(B) before applying for benefits under this chapter, 
     completes the requirements of a secondary school diploma (or 
     equivalency certificate), or successfully completes (or 
     otherwise receives academic credit for) the equivalent of 12 
     semester hours in a program of education leading to a 
     standard college degree; and
       ``(C) after completion of the service described in 
     subparagraph (A)(i)--
       ``(i) continues on active duty;
       ``(ii) is discharged from active duty with an honorable 
     discharge;
       ``(iii) is released after service on active duty 
     characterized by the Secretary concerned as honorable service 
     and is placed on the retired list, is transferred to the 
     Fleet Reserve or Fleet Marine Corps Reserve, or is placed on 
     the temporary disability list; or
       ``(iv) is released from active duty for further service in 
     a reserve component of the Armed Forces after service on 
     active duty characterized by the Secretary concerned as 
     honorable service.
       ``(4) An individual who--
       ``(A) on or after September 11, 2001, first becomes a 
     member of the Armed Forces or first enters on active duty as 
     a member of the Armed Forces and--
       ``(i)(I) serves an aggregate of at least two years of 
     active duty in the Armed Forces characterized by the 
     Secretary concerned as honorable service; or
       ``(II) before completion of service as described in 
     subclause (I), is discharged or released as described in 
     subsection (d); and
       ``(ii) beginning within one year after completion of 
     service on active duty as described in clause (i)(I)--

       ``(I) serves at least four years of continuous active duty 
     in the Selected Reserve during which the individual 
     participates satisfactorily in training as required by the 
     Secretary concerned; or
       ``(II) during the four years described in subclause (I), is 
     discharged or released as described in subsection (d);

       ``(B) before applying for benefits under this chapter, 
     completes the requirements of a secondary school diploma (or 
     equivalency certificate), or successfully completes (or 
     otherwise receives academic credit for) the equivalent of 12 
     semester hours in a program of education leading to a 
     standard college degree; and
       ``(C) after completion of the service described in 
     subparagraph (A)--
       ``(i) is discharged from service with an honorable 
     discharge, is placed on the retired list, or is transferred 
     to the Standby Reserve or an element of the Ready Reserve 
     other than the Selected Reserve after service in the Selected 
     Reserve characterized by the Secretary concerned as honorable 
     service; or
       ``(ii) continues on active duty or in the Selected Reserve.
       ``(c) Exceptions.--The following individuals are not 
     entitled to educational assistance under this chapter:
       ``(1) An individual who, after September 11, 2001, receives 
     a commission as an officer in the Armed Forces upon 
     graduation from the United States Military Academy, the 
     United States Naval Academy, the United States Air Force 
     Academy, or the Coast Guard Academy.
       ``(2) An individual who, after September 11, 2001, receives 
     a commission as an officer in the Armed Forces upon 
     completion of a program of educational assistance under 
     section 2107 of title 10 if while participating in such 
     program such individual received an aggregate of $25,000 or 
     more for participation in such program.
       ``(d) Certain Discharge or Release Providing Exception From 
     Service Requirements.--A discharge or release described in 
     this subsection is a discharge or release (whether from 
     service on active duty in the Armed Forces under subsection 
     (b)(1)(B)(i), (b)(2)(B)(i), (b)(2)(C)(i), (b)(3)(A)(i), or 
     (b)(4)(A)(i)(I) or from service in the Selected Reserve under 
     subsection (b)(4)(A)(ii)(I)) for--
       ``(1) a service-connected disability;
       ``(2) a medical condition which preexisted such service and 
     which the Secretary determines is not service-connected;
       ``(3) hardship; or
       ``(4) a physical or mental condition that was not 
     characterized as a disability and did not result from the 
     individual's own willful misconduct but did interfere with 
     the individual's performance of duty, as determined by the 
     Secretary of each military department in accordance with 
     regulations prescribed by the Secretary of Defense.
       ``(e) Certain Interruption in Selected Reserve Service 
     Providing Exception From Service Requirement.--After an 
     individual begins service in the Selected Reserve as 
     described in subsection (b)(4)(A)(ii), the continuity of 
     service of the individual as a member of the Selected Reserve 
     shall not be considered to be broken--
       ``(1) by any period of time (not to exceed a maximum period 
     prescribed in regulations by the Secretary concerned) during 
     which the member is not able to locate a unit of the member's 
     Armed Force that the member is eligible to join or that has a 
     vacancy; or
       ``(2) by any other period of time (not to exceed a maximum 
     period so prescribed) during which the member is not attached 
     to a unit of the Selected Reserve that the Secretary 
     concerned, pursuant to regulations, considers to be 
     inappropriate to consider for such purpose.
       ``(f) Prohibition on Treatment of Certain Service as Period 
     of Active Duty.--A period of service shall not be considered 
     a part of the period of active duty on which an individual's 
     entitlement to educational assistance under this chapter is 
     based if the period of service is terminated because of a 
     defective enlistment and induction based on--
       ``(1) the individual's being a minor for purposes of 
     service in the Armed Forces;
       ``(2) an erroneous enlistment or induction; or
       ``(3) a defective enlistment agreement.

     ``Sec. 3312. Educational assistance: duration

       ``(a) In General.--Subject to section 3695 of this title 
     and subsection (b), an individual entitled to educational 
     assistance under section 3311 of this title is entitled to a 
     number of months of educational assistance under section 3313 
     of this title as follows:
       ``(1) In the case of an individual described by paragraph 
     (1) section 3311(b) of this title--
       ``(A) if the individual is described by subparagraph (B)(i) 
     of such paragraph, the aggregate number of months served by 
     the individual on active duty in the Armed Forces after 
     September 11, 2001; or
       ``(B) if the individual is described by subparagraph 
     (B)(ii) of such paragraph, 36 months.
       ``(2) In the case of an individual described by paragraph 
     (2) of section 3311(b) of this title--
       ``(A) if the individual is described by both subparagraphs 
     (B)(i) and (C)(i) of such paragraph, the aggregate number of 
     months served by the individual on active duty in the Armed 
     Forces after September 11, 2001; or
       ``(B) if the individual is described by subparagraph 
     (B)(ii) or (C)(ii) of such paragraph, 36 months.
       ``(3) In the case of an individual described by paragraph 
     (3) of section 3311(b) of this title--
       ``(A) if the individual is described by subparagraph (A)(i) 
     of such paragraph, the aggregate number of months served by 
     the individual on active duty in the Armed Forces after 
     September 11, 2001; or
       ``(B) if the individual is described by subparagraph 
     (A)(ii) of such paragraph--
       ``(i) if the discharge or release of the individual is 
     described by paragraph (1) of section 3311(d) of this title, 
     36 months; or
       ``(ii) if the discharge or release of the individual is 
     described by paragraph (2), (3), or (4) of section 3311(d) of 
     this title, the aggregate number of months served by the 
     individual on active duty in the Armed Forces after September 
     11, 2001.
       ``(4) In the case of an individual described by paragraph 
     (4) of section 3311(b) of this title--
       ``(A) if the individual is described by subparagraph (A)(i) 
     of such paragraph--
       ``(i) if the individual is further described by subclause 
     (I) of such subparagraph, 24 months;
       ``(ii) if the individual is further described by subclause 
     (II) of such subparagraph and has a discharge or release 
     described by paragraph (1) of section 3311(d) of this title, 
     36 months; or
       ``(iii) if the individual is further described by subclause 
     (II) of such subparagraph and has a discharge or release 
     described by paragraph (2), (3), of (4) of section 3311(d) of 
     this title, the aggregate number of months served by the 
     individual on active duty in the Armed Forces after September 
     11, 2001; and
       ``(B) if the individual is also described by subparagraph 
     (A)(ii) of such paragraph--
       ``(i) if the individual is further described by subclause 
     (I) of such subparagraph, an additional one month for each 
     four months served by the individual in the Selected Reserve 
     (other than any month in which the individual served on 
     active duty) after September 11, 2001; or
       ``(ii) if the individual is further described by subclause 
     (II) of such subparagraph and the individual--

       ``(I) has a discharge or release described by paragraph (1) 
     of section 3311(d) of this title, 12 months; or
       ``(II) has a discharge or release described by paragraph 
     (2), (3), or (4) of section 3311(d) of this title, an 
     additional one month for each four months served by the 
     individual in the Selected Reserve (other than any month in 
     which the individual served on active duty) after September 
     11, 2001.

       ``(b) Limitation.--Except as provided in section 3321(b)(2) 
     of this title, an individual may not receive educational 
     assistance under section 3313 of this title for a number of 
     months in excess of 36 months, which is the equivalent of 
     four academic years

     ``Sec. 3313. Educational assistance: payment; amount

       ``(a) Payment.--The Secretary shall pay to each individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education (other than a 
     program covered by subsections (e) through (i)) the amounts 
     specified in subsection (c) to meet the expenses of such 
     individual's subsistence, tuition, fees, and other 
     educational costs for pursuit of such program of education.
       ``(b) Approved Programs of Education.--Except as provided 
     in subsections (g) through (i), a program of education is an 
     approved program of education for purposes of this chapter if 
     the program of education is

[[Page S59]]

     approved for purposes of chapter 30 of this title.
       ``(c) Amount of Educational Assistance.--(1) The amounts 
     payable under this subsection for pursuit of an approved 
     program of education are amounts as follows:
       ``(A) An amount equal to the established charges for the 
     program of education.
       ``(B) Subject to paragraph (2), an amount equal to the room 
     and board of the individual.
       ``(C) A monthly stipend in the amount of $1,000.
       ``(2) The amount payable under paragraph (1)(B) for room 
     and board of an individual may not exceed an amount equal to 
     the standard dormitory fee, or such equivalent fee as the 
     Secretary shall specify in regulations, which similarly 
     circumstanced nonveterans enrolled in the program of 
     education involved would be required to pay.
       ``(d) Frequency of Payment.--(1) Payment of the amounts 
     payable under subparagraphs (A) and (B) of subsection (c)(1) 
     for pursuit of a program of education shall be made in a 
     lump-sum amount for the entire quarter, semester, or term, as 
     applicable, of the program of education before the 
     commencement of such quarter, semester, or term.
       ``(2) Payment of the amount payable under subparagraph (C) 
     of subsection (c)(1) for pursuit of a program of education 
     shall be made on a monthly basis.
       ``(3) The Secretary shall prescribe in regulations methods 
     for determining the number of months (including fractions 
     thereof) of entitlement of an individual to educational 
     assistance this chapter that are chargeable under this 
     chapter for an advance payment of amounts for pursuit of a 
     program of education on a quarter, semester, term, or other 
     basis.
       ``(e) Programs of Education Pursued on Active Duty.--(1) 
     Educational assistance is payable under this chapter for 
     pursuit of an approved program of education while on active 
     duty.
       ``(2) The amount of educational assistance payable under 
     this chapter to an individual pursuing a program of education 
     while on active duty is the lesser of--
       ``(A) the established charges 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 (c)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at the rate of one month for each such 
     month.
       ``(f) Programs of Education Pursued on Less Than Half-Time 
     Basis.--(1) Educational assistance is payable under this 
     chapter for pursuit of an approved program of education on 
     less than half-time basis.
       ``(2) The amount of educational assistance payable under 
     this chapter to an individual pursuing a program of education 
     on less than half-time basis is the established charges which 
     similarly circumstanced nonveterans enrolled in the program 
     of education involved would be required to pay.
       ``(3) Payment of the amount payable under this chapter to 
     an individual for pursuit of a program of education on less 
     than half-time basis shall be made in a lump-sum, and shall 
     be made not later than the last day of the month immediately 
     following the month in which certification is received from 
     the educational institution involved that the individual has 
     enrolled in and is pursuing a program of education at the 
     institution.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (c)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at a percentage of a month equal to--
       ``(A) the number of course hours borne by the individual in 
     pursuit of the program of education involved, divided by
       ``(B) the number of course hours for full-time pursuit of 
     such program of education.
       ``(g) Apprenticeship or Other On-Job Training.--(1) 
     Educational assistance is payable under this chapter for 
     full-time pursuit of a program of apprenticeship or other on-
     job training described in paragraphs (1) and (2) of section 
     3687(a) of this title.
       ``(2)(A) The educational assistance payable under this 
     chapter to an individual for pursuit of a program of 
     apprenticeship or training referred to in paragraph (1) is 
     the amounts as follows:
       ``(i) The established charge which similarly circumstances 
     nonveterans enrolled in the program would be required to pay.
       ``(ii) A monthly stipend in the amount of $1,000.
       ``(B) The nature and amount of the tuition, fees, and other 
     expenses constituting the established charge for a program of 
     apprenticeship or training under this subsection shall be 
     determined in accordance with regulations prescribed by the 
     Secretary. Such expenses may include room and board under 
     such circumstances as the Secretary shall prescribe in the 
     regulations.
       ``(3)(A) Payment of the amount payable under paragraph 
     (2)(A)(i) for pursuit of a program of apprenticeship or 
     training shall be made, at the election of the Secretary--
       ``(i) in a lump sum for such period of the program as the 
     Secretary shall determine before the commencement of such 
     period of the program; or
       ``(ii) on a monthly basis.
       ``(B) Payment of the amount payable under paragraph 
     (2)(A)(ii) for pursuit of a program of apprenticeship or 
     training shall be made on a monthly basis.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (c)(3) in the case of payments 
     made in accordance with paragraph (3)(A)(i)) for which 
     amounts are paid an individual under this subsection, the 
     entitlement of the individual to educational assistance under 
     this chapter shall be charged at the rate of one month for 
     each such month.
       ``(h) Programs of Education by Correspondence.--(1) 
     Educational assistance is payable under this chapter for 
     pursuit of a program of education exclusively by 
     correspondence.
       ``(2)(A) The amount of educational assistance payable under 
     this chapter to an individual who is pursuing a program of 
     education exclusively by correspondence is an amount equal to 
     55 percent of the established charge which similarly 
     circumstanced nonveterans enrolled in the program of 
     education would be required to pay.
       ``(B) In this paragraph, the term `established charge', in 
     the case of a program of education, means the lesser of--
       ``(i) the charge for the course or courses under the 
     program of education, as determined on the basis of the 
     lowest extended time payment plan offered by the institution 
     involved and approved by the appropriate State approving 
     agency; or
       ``(ii) the actual charge to the individual for such course 
     or courses.
       ``(3) Payment of the amount payable under this chapter for 
     pursuit of a program of education by correspondence shall be 
     made quarterly on a pro rata basis for the lessons completed 
     by the individual and serviced by the institution involved.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (c)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at the rate of one month for each such 
     month.
       ``(i) Flight Training.--(1) Educational assistance is 
     payable under this chapter for a program of education 
     consisting of flight training as follows:
       ``(A) Courses of flight training approved under section 
     3860A(b) of this title.
       ``(B) Flight training meeting the requirements of section 
     3034(d) of this title.
       ``(2) Paragraphs (2) and (4) of section 3032(e) of this 
     title shall apply with respect to the availability of 
     educational assistance under this chapter for pursuit of 
     flight training covered by paragraph (1).
       ``(3)(A) The educational assistance payable under this 
     chapter to an individual for pursuit of a program of 
     education consisting of flight training covered by paragraph 
     (1) is the amounts as follows:
       ``(i) The established charge which similarly circumstances 
     nonveterans enrolled in the program would be required to pay.
       ``(ii) A monthly stipend in the amount of $1,000.
       ``(B) The nature and amount of the tuition, fees, and other 
     expenses constituting the established charge for a program of 
     flight training under this subsection shall be determined in 
     accordance with regulations prescribed by the Secretary.
       ``(4) Payment of the amounts payable under paragraph (3) 
     for pursuit of a program of flight training shall be made on 
     a monthly basis.
       ``(5) For each month for which amounts are paid an 
     individual under this subsection, the entitlement of the 
     individual to educational assistance under this chapter shall 
     be charged at the rate of one month for each such month.
       ``(j) Established Charges Defined.--(1) In subsections (c) 
     and (e), the term `established charges', in the case of a 
     program of education, means the actual charges (as determined 
     pursuant to regulations prescribed by the Secretary) for 
     tuition, fees (including required supplies, books, and 
     equipment), and other educational costs which similarly 
     circumstanced nonveterans enrolled in the program of 
     education would be required to pay.
       ``(2) 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.

[[Page S60]]

       ``(2) In addition to the conditions specified in paragraph 
     (1), benefits may not be provided to an individual under 
     subsection (a) unless the professor or other individual 
     teaching, leading, or giving the course for which such 
     benefits are provided certifies that--
       ``(A) such benefits are essential to correct a deficiency 
     of the individual in such course; and
       ``(B) such course is required as a part of, or is 
     prerequisite or indispensable to the satisfactory pursuit of, 
     an approved program of education.
       ``(c) Amount.--(1) The amount of benefits described in 
     subsection (a) that are payable under this section may not 
     exceed $100 per month, for a maximum of 12 months, or until a 
     maximum of $1,200 is utilized.
       ``(2) The amount provided an individual under this 
     subsection is in addition to the amounts of educational 
     assistance paid the individual under section 3313 of this 
     title.
       ``(d) No Charge Against Entitlement.--Any benefits provided 
     an individual under subsection (a) are in addition to any 
     other educational assistance benefits provided the individual 
     under this chapter.

     ``Sec. 3315. Licensure and certification tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     payment for one licensing or certification test described in 
     section 3452(b) of this title.
       ``(b) Limitation on Amount.--The amount payable under 
     subsection (a) for a licensing or certification test may not 
     exceed the lesser of--
       ``(1) $2,000; or
       ``(2) the fee charged for the test.
       ``(c) No Charge Against Entitlement.--Any amount paid an 
     individual under subsection (a) is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

     ``Sec. 3321. Time limitation for use of and eligibility for 
       entitlement

       ``(a) In General.--(1) Except as otherwise 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.
       ``(2) In the case of an individual described in paragraph 
     (1) who becomes entitled to educational assistance under this 
     chapter under section 3311(b)(4) of this title, the 15-year 
     period described in paragraph (1) shall begin on the later 
     of--
       ``(A) the date of such individual's last discharge or 
     release from active duty; or
       ``(B) the date on which the four-year requirement described 
     in section 3311(b)(4)(A)(ii) of this title is met.
       ``(b) Exceptions.--(1) Subsections (b), (c), and (d) of 
     section 3031 of this title shall apply with respect to the 
     running of the 15-year period described in subsection (a) of 
     this section in the same manner as such subsections apply 
     under section 3031 of this title with respect to the running 
     of the 10-year period described in section 3031(a) of this 
     title.
       ``(2) Section 3031(f) of this title shall apply with 
     respect to the termination of an individual's entitlement to 
     educational assistance under this chapter in the same manner 
     as such section applies to the termination of an individual's 
     entitlement to educational assistance under chapter 30 of 
     this title, except that, in the administration of such 
     section for purposes of this chapter, the reference to 
     section 3013 of this title shall be deemed to be a reference 
     to 3312 of this title.
       ``(3) For purposes of subsection (a), an individual's last 
     discharge or release from active duty shall not include any 
     discharge or release from a period of active duty of less 
     than 90 days of continuous service, unless the individual is 
     discharged or released as described in paragraph (1), (2), or 
     (3) of section 3311(d) of this title.

     ``Sec. 3322. Bar to duplication of educational assistance 
       benefits

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter who is also eligible for 
     educational assistance under chapter 30, 31, 32, or 35 of 
     this title, chapter 107, 1606, or 1607 of title 10, or the 
     provisions of the Hostage Relief Act of 1980 (Public Law 96-
     449; 5 U.S.C. 5561 note) may not receive assistance under two 
     or more such programs concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter or provisions to receive educational assistance.
       ``(b) Inapplicability of Service Treated Under Educational 
     Loan Repayment Programs.--A period of service counted for 
     purposes of repayment of an education loan under chapter 109 
     of title 10 may not be counted as a period of service for 
     entitlement to educational assistance under this chapter.
       ``(c) Service in Selected Reserve.--An individual who 
     serves in the Selected Reserve may receive credit for such 
     service under only one of this chapter, chapter 30 of this 
     title, and chapters 1606 and 1607 of title 10, and shall 
     elect (in such form and manner as the Secretary may 
     prescribe) under which chapter such service is to be 
     credited.
       ``(d) Additional Coordination Matters.--In the case of an 
     individual entitled to educational assistance under chapter 
     30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 
     of title 10, or the provisions of the Hostage Relief Act of 
     1980, or making contributions toward entitlement to 
     educational assistance under chapter 30 of this title, as of 
     the date of the enactment of the Post-9/11 Veterans 
     Educational Assistance Act of 2007, coordination of 
     entitlement to educational assistance under this chapter, on 
     the one hand, and such chapters or provisions, on the other, 
     shall be governed by the provisions of section 3(c) of the 
     Post-9/11 Veterans Educational Assistance Act of 2007.

     ``Sec. 3323. Administration

       ``(a) In General.--(1) Except as otherwise provided in this 
     chapter, the provisions specified in section 3034(a)(1) of 
     this title shall apply to the provision of educational 
     assistance under this chapter.
       ``(2) In applying the provisions referred to in paragraph 
     (1) to an individual entitled to educational assistance under 
     this chapter for purposes of this section, the reference in 
     such provisions to the term `eligible veteran' shall be 
     deemed to refer to an individual entitled to educational 
     assistance under this chapter.
       ``(3) In applying section 3474 of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section, the reference in such 
     section 3474 to the term `educational assistance allowance' 
     shall be deemed to refer to educational assistance payable 
     under section 3313 of this title.
       ``(4) In applying section 3482(g) of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section--
       ``(A) the first reference to the term `educational 
     assistance allowance' in such section 3482(g) shall be deemed 
     to refer to educational assistance payable under section 3313 
     of this title; and
       ``(B) the first sentence of paragraph (1) of such section 
     3482(g) shall be applied as if such sentence ended with 
     `equipment'.
       ``(b) Information on Benefits.--(1) The Secretary of 
     Veterans Affairs shall provide the information described in 
     paragraph (2) to each member of the Armed Forces at such 
     times as the Secretary of Veterans Affairs and the Secretary 
     of Defense shall jointly prescribe in regulations.
       ``(2) The information described in this paragraph is 
     information on benefits, limitations, procedures, eligibility 
     requirements (including time-in-service requirements), and 
     other important aspects of educational assistance under this 
     chapter, including application forms for such assistance 
     under section 5102 of this title.
       ``(3) The Secretary of Veterans Affairs shall furnish the 
     information and forms described in paragraph (2), and other 
     educational materials on educational assistance under this 
     chapter, to educational institutions, training 
     establishments, military education personnel, and such other 
     persons and entities as the Secretary considers appropriate.
       ``(c) Regulations.--(1) The Secretary shall prescribe 
     regulations for the administration of this chapter.
       ``(2) Any regulations prescribed by the Secretary of 
     Defense for purposes of this chapter shall apply uniformly 
     across the Armed Forces.

     ``Sec. 3324. Allocation of administration and costs

       ``(a) Administration.--Except as otherwise provided in this 
     chapter, the Secretary shall administer the provision of 
     educational assistance under this chapter.
       ``(b) Costs.--Payments for entitlement to educational 
     assistance earned under this chapter shall be made from funds 
     appropriated to, or otherwise made available to, the 
     Department of Veterans Affairs for the payment of 
     readjustment benefits.''.
       (2) Clerical amendments.--The tables of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 32 the following 
     new item:

``33. Post-9/11 Educational Assistance......................3301''.....

       (b) Conforming Amendments.--
       (1) Amendments relating to duplication of benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by inserting ``33,'' after 
     ``32,''; and
       (ii) in subsection (c), by striking ``both the program 
     established by this chapter and the program established by 
     chapter 106 of title 10'' and inserting ``two or more of the 
     programs established by this chapter, chapter 33 of this 
     title, and chapters 1606 and 1607 of title 10''.
       (B) Paragraph (4) of section 3695(a) of such title is 
     amended to read as follows:
       ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
       (C) Section 16163(e) of title 10, United States Code, is 
     amended by inserting ``33,'' after ``32,''.
       (2) Additional conforming amendments.--
       (A) Title 38, United States Code, is further amended by 
     inserting ``33,'' after ``32,'' each place it appears in the 
     following provisions:
       (i) In subsections (b) and (e)(1) of section 3485.
       (ii) In section 3688(b).
       (iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 
     (e)(2) of section 3689.
       (iv) In section 3690( b)(3)(A).
       (v) In subsections (a) and (b) of section 3692.
       (vi) In section 3697(a).
       (B) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32'' and inserting ``32, or 33''.

[[Page S61]]

       (c) Applicability to Individuals Under Montgomery GI Bill 
     Program.--
       (1) Individuals eligible to elect participation in post-9/
     11 educational assistance.--An individual may elect to 
     receive educational assistance under chapter 33 of title 38, 
     United States Code (as added by subsection (a)), if such 
     individual--
       (A) as of the date of the enactment of this Act--
       (i) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, and has used, but 
     retains unused, such entitlement under that chapter;
       (ii) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, and has 
     used, but retains unused, such entitlement under the 
     applicable chapter;
       (iii) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, but has not used 
     any such entitlement under that chapter;
       (iv) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, and has 
     not used any such entitlement under such chapter;
       (v) is a member of the Armed Forces who is eligible for 
     receipt of basic educational assistance under chapter 30 of 
     title 38, United States Code, and is making contributions 
     toward such assistance under section 3011(b) or 3012(c) of 
     such title; or
       (vi) is a member of the Armed Forces who is not entitled to 
     basic educational assistance under chapter 30 of title 38, 
     United States Code, by reason of an election under section 
     3011(c)(1) or 3012(d)(1) of such title; and
       (B) as of the date of the individual's election under this 
     paragraph--
       (i) otherwise meets the requirements for entitlement to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added); or
       (ii) is making progress toward meeting such requirements.
       (2) Election on treatment of transferred entitlement.--
       (A) Election.--If, on the date an individual described in 
     subparagraph (A)(i) or (A)(iii) of paragraph (1) makes an 
     election under that paragraph, a transfer of the entitlement 
     of the individual to basic educational assistance under 
     section 3020 of title 38, United States Code, is in effect 
     and a number of months of the entitlement so transferred 
     remain unutilized, the individual may elect to revoke all or 
     a portion of the entitlement so transferred that remains 
     unutilized.
       (B) Availability of revoked entitlement.--Any entitlement 
     revoked by an individual under this paragraph shall no longer 
     be available to the dependent to whom transferred, but shall 
     be available to the individual instead for educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), as provided in paragraph (3)(B).
       (C) Availability of unrevoked entitlement.--Any entitlement 
     described in subparagraph (A) that is not revoked by an 
     individual in accordance with that subparagraph shall remain 
     available to the eligible dependent or dependents concerned 
     in accordance with the current transfer of such entitlement 
     under section 3020 of title 38, United States Code.
       (3) Post-9/11 educational assistance.--
       (A) In general.--Subject to subparagraph (B), an individual 
     making an election under paragraph (1) shall be entitled to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), in accordance with the provisions 
     of such chapter, instead of basic educational assistance 
     under chapter 30 of title 38, United States Code, or 
     educational assistance under chapter 107, 1606, or 1607 of 
     title 10, United States Code, as applicable.
       (B) Limitation on entitlement for certain individuals.--In 
     the case of an individual making an election under paragraph 
     (1) who is described by subparagraph (A)(i), the number of 
     months of entitlement of such individual to educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), shall be the number of months equal to the 
     number of months of unused entitlement of such individual 
     under chapter 30 of title 38, United States Code, as of the 
     date of the election, including any number of months 
     entitlement revoked by the individual under paragraph (2)(A).
       (4) Continuing educational assistance under montgomery gi 
     bill.--
       (A) In general.--If the aggregate amount of entitlement to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), that is accumulated by an 
     individual described in subparagraph (A)(i), (A)(ii), or 
     (A)(iii) of paragraph (1) who makes an election under that 
     paragraph is less than 36 months, the individual shall 
     retain, and may utilize, any unutilized entitlement of the 
     individual to educational assistance under chapter 30 of 
     title 38, United States Code, or chapter 107, 1606, or 1607 
     of title 10, United States Code, as applicable, for a number 
     of months equal to the lesser of--
       (i) 36 months minus the number of months of entitlement so 
     accumulated by the individual; or
       (ii) the number of months of such unutilized entitlement of 
     the individual.
       (B) Utilization of retained entitlement.--The utilization 
     of entitlement retained by an individual under this paragraph 
     shall be governed by the provisions of chapter 30 of title 
     38, United States Code, or chapter 107, 1606, or 1607 of 
     title 10, United States Code, as applicable.
       (5) Treatment of contributions toward basic educational 
     assistance.--
       (A) Refund of contributions.--Except as provided in 
     subparagraph (B), the Secretary of Veterans Affairs shall pay 
     to each individual making an election under paragraph (1) who 
     is described by clause (i), (iii), or (v) of subparagraph (A) 
     of that paragraph an amount equal to the total amount of 
     contributions made by such individual under subchapter II of 
     chapter 30 of title 38, United States Code, for basic 
     educational assistance under that chapter, including any 
     contributions made under subsection (b) or (e) of section 
     3011 of such title or any contributions made under subsection 
     (c) or (f) of section 3012 of such title.
       (B) Exception.--In the case of an individual described by 
     subparagraph (A) who is entitled to basic educational 
     assistance under chapter 30 of title 38, United States Code, 
     by reason of paragraph (4)(A), the amount payable to the 
     individual under this paragraph shall be an amount equal to--
       (i) the amount otherwise payable to the individual under 
     subparagraph (A), multiplied by
       (ii) a fraction--

       (I) the numerator of which is the number equal to the 
     number of months of basic educational assistance under 
     chapter 30 of title 38, United States Code, to which the 
     individual is entitled by reason of paragraph (4)(A); and
       (II) the denominator of which is 36.

       (C) Cessation of contributions.--Effective as of the first 
     month beginning on or after the date of an election under 
     paragraph (1) of an individual described by subparagraph 
     (A)(v) of that paragraph, the obligation of such individual 
     to make contributions under section 3011(b) or 3012(c) of 
     title 38, United States Code, as applicable, shall cease, and 
     the requirements of such section shall be deemed to be no 
     longer applicable to such person.
       (6) Termination of entitlement under montgomery gi bill.--
     Except as otherwise provided in paragraph (4), effective on 
     the last day of the month in which an individual makes an 
     election under paragraph (1), the entitlement, if any, of the 
     individual to basic educational assistance under chapter 30 
     of title 38, United States Code, or educational assistance 
     under chapter 107, 1606, or 1607 of title 10, United States 
     Code, as applicable, shall terminate.
       (7) Irrevocability of elections.--An election under 
     paragraph (1) or (2)(A) is irrevocable.
                                 ______