S 2938 ISCommentsClose CommentsPermalink

To amend titles 10 and 38, United States Code, to improve educational assistance for members of the Armed Forces and veterans in order to enhance recruitment and retention for the Armed Forces, and for other purposes.CommentsClose CommentsPermalink

April 29, 2008

Mr. GRAHAM (for himself, Mr. BURR, Mr. MCCAIN, Mr. CHAMBLISS, Mr. LIEBERMAN, Mr. CORNYN, Mr. ALEXANDER, Mrs. HUTCHISON, Mr. MARTINEZ, Mr. STEVENS, Mr. COCHRAN, Ms. COLLINS, Mr. BARRASSO, Mr. DOMENICI, Mrs. DOLE, Mr. WICKER, Mr. ISAKSON, and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsCommentsClose CommentsPermalink

To amend titles 10 and 38, United States Code, to improve educational assistance for members of the Armed Forces and veterans in order to enhance recruitment and retention for the Armed Forces, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Enhancement of Recruitment, Retention, and Readjustment Through Education Act of 2008'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Plan on coordination of current educational assistance programs and development of additional educational assistance programs to enable career-oriented members of the Armed Forces to attain a bachelor's degree.CommentsClose CommentsPermalink





Sec. 4. Increase in rates of basic educational assistance under the Montgomery GI Bill.CommentsClose CommentsPermalink





Sec. 5. Annual stipend for recipients of basic educational assistance under the Montgomery GI Bill.CommentsClose CommentsPermalink





Sec. 6. Increase in rates of educational assistance for members of the Selected Reserve.CommentsClose CommentsPermalink





Sec. 7. Increase in rates of educational assistance for reserve component members supporting contingency operations and other operations with extended service in the Selected Reserve.CommentsClose CommentsPermalink





Sec. 8. Enhancement of transferability of entitlement to educational assistance.CommentsClose CommentsPermalink





Sec. 9. Use of educational assistance to repay Federal student loans.CommentsClose CommentsPermalink





Sec. 10. Educational assistance for graduates of the service academies and Reserve Officers' Training Corps programs.CommentsClose CommentsPermalink





Sec. 11. Opportunity for current and certain retired VEAP-era personnel to enroll in basic educational assistance under the Montgomery GI Bill.CommentsClose CommentsPermalink





Sec. 12. College Patriots Grant Program.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) The World War II-era GI Bill assisted almost 8,000,000 members of the Armed Forces in readjusting to civilian life after completing their service to the nation. With the support and assistance of America's colleges and universities, the GI Bill provided incentives that transformed American society, making a college degree a realizable goal for millions of Americans.CommentsClose CommentsPermalink





(2) In the years following World War II, the GI Bill continued to provide educational benefits for members of the Armed Forces who had been drafted into or volunteered for service.CommentsClose CommentsPermalink





(3) The establishment of the All Volunteer Force in 1973, and its development since its inception, has produced highly professional Armed Forces that are recognized as the most effective fighting force the world has ever seen.CommentsClose CommentsPermalink





(4) The Sonny Montgomery GI Bill was enacted in 1984 to sustain the All Volunteer Force by providing educational benefits to aid in the recruitment and retention of highly qualified personnel for the Armed Forces and to assist veterans in readjusting to civilian life. Today, it remains a cornerstone of military recruiting and retention planning for the Armed Forces and continues to fulfill its original purposes.CommentsClose CommentsPermalink





(5) The All Volunteer Force depends for its effectiveness and vitality on successful recruiting of highly capable men and women, and retention for careers of soldiers, sailors, airmen, and marines, in both the active and reserve components of the Armed Forces, who, with the support of their families and loved ones, develop into professional, dedicated, and experienced officers, noncommissioned officers, and petty officers.CommentsClose CommentsPermalink





(6) The achievement of educational goals, including obtaining the means to a college degree, has traditionally been a key reason for volunteering for service in the Armed Forces. For members who serve a career in the Armed Forces, this goal extends to their spouses and children and has resulted in requests for the option to transfer educational benefits under the GI Bill to spouses and children.CommentsClose CommentsPermalink





(7) As in the aftermath of World War II, colleges and universities throughout the United States should demonstrate their and the Nation's appreciation to veterans by dedicated programs providing financial aid.CommentsClose CommentsPermalink





(8) It is in that national interest for the United States--CommentsClose CommentsPermalink





(A) to express the gratitude of the American people by assisting those who have honorably served in the Armed Forces and returned to civilian life to achieve their educational goals;CommentsClose CommentsPermalink





(B) to provide significant educational benefits to provide incentives for successful recruiting;CommentsClose CommentsPermalink





(C) to motivate continued service in the All Volunteer Force by those members with the potential for military careers and their spouses and children; andCommentsClose CommentsPermalink





(D) to assist those who serve and their families in achieving their personal goals, including higher education, while progressing in a military career.CommentsClose CommentsPermalink

SEC. 3. PLAN ON COORDINATION OF CURRENT EDUCATIONAL ASSISTANCE PROGRAMS AND DEVELOPMENT OF ADDITIONAL EDUCATIONAL ASSISTANCE PROGRAMS TO ENABLE CAREER-ORIENTED MEMBERS OF THE ARMED FORCES TO ATTAIN A BACHELOR'S DEGREE.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the outstanding men and women who volunteer for service in the Armed Forces and demonstrate through their service the ability, motivation, and commitment to serve as career commissioned officers, noncommissioned officers, petty officers, and warrant officers should be given the opportunities and resources needed to obtain a bachelor's degree before they complete active duty and retire from the Armed Forces; andCommentsClose CommentsPermalink





(2) every effort should be made by the leaders of the Army, Navy, Marine Corps, Air Force, and Coast Guard to demonstrate to members of the Armed Forces who are willing to serve and study that the dual goals of attaining a bachelor's degree and a distinguished military career are achievable and not mutually exclusive.CommentsClose CommentsPermalink





(b) Plan To Coordinate and Develop Educational Assistance Programs-CommentsClose CommentsPermalink





(1) PLAN REQUIRED- The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, develop a plan to make the attainment of a bachelor's degree an achievable goal for members of the Armed Forces who are motivated towards careers in the Armed Forces and who are able and willing to accept the challenges of military duty and pursuit of college level studies.CommentsClose CommentsPermalink





(2) ADVICE OF THE SERVICE CHIEFS- The Secretary of Defense shall develop the plan required by paragraph (1) with the advice of the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and the Commandant of the Marine Corps.CommentsClose CommentsPermalink





(3) ELEMENTS- The plan required by paragraph (1) shall include the following:CommentsClose CommentsPermalink





(A) Appropriate elements of current programs to assist members of the Armed Forces in obtaining college-level education, including tuition assistance programs, distance learning programs, and technical training and education provided by the military departments, including programs currently administered by the Secretary of Veterans Affairs.CommentsClose CommentsPermalink





(B) Appropriate elements of current programs to provide members of the Armed Forces with assistance in obtaining college-level credit for the technical training and experience they undergo during their military career.CommentsClose CommentsPermalink





(C) One or more additional education programs to assist members of the Armed Forces in obtaining a college-level education, including mechanisms for the provision by the military departments of guidance, mentoring, and resources to assist members in achieving their professional military and personal educational goals.CommentsClose CommentsPermalink





(D) Such additional programs or mechanisms, such as sabbaticals from the Armed Forces or college-level education provided or funded by the military departments, as the Secretary of Defense considers appropriate to assist members of the Armed Forces in making adequate progress towards a bachelor's degree from an accredited institution of higher education while continuing a successful military career.CommentsClose CommentsPermalink





(E) Such mechanisms for the application of the elements of the plan to members of the National Guard and Reserves as the Secretary of Defense considers appropriate to ensure that such members receive appropriate assistance in achieving their professional military and personal educational goals.CommentsClose CommentsPermalink





(F) Such elements of current programs of the military departments for in-service education of members of the Armed Forces as the Secretary of Defense considers appropriate to maintain and enhance the recruitment and retention by the Armed Forces of highly trained and experienced military leaders.CommentsClose CommentsPermalink





(4) SUBMITTAL TO CONGRESS- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan required by paragraph (1) not later than August 1, 2009.CommentsClose CommentsPermalink

SEC. 4. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL.

(a) Increase in General Rates and Augmented Rates for Extended Service-CommentsClose CommentsPermalink





(1) RATES BASED ON THREE YEARS OF OBLIGATED SERVICE- Subsection (a)(1) of section 3015 of title 38, United States Code, is amended by striking `on a full-time basis, at the monthly rate of' and all that follows and inserting `on a full-time basis--CommentsClose CommentsPermalink





`(A) in the case of an individual who served on active duty in the Armed Forces for 12 or more years, at the monthly rate of--CommentsClose CommentsPermalink





`(i) for months occurring during fiscal year 2009, $1,650;CommentsClose CommentsPermalink





`(ii) for months occurring during fiscal year 2010, $1,800;CommentsClose CommentsPermalink





`(iii) for months occurring during fiscal year 2011, $2,000; andCommentsClose CommentsPermalink





`(iv) for months occurring during a subsequent fiscal year, the amount for months occurring during the preceding fiscal year increased under subsection (h); andCommentsClose CommentsPermalink





`(B) in the case of an individual who served on active duty in the Armed Forces for less than 12 years, at the monthly rate of--CommentsClose CommentsPermalink





`(i) for months occurring during fiscal year 2009, $1,500; andCommentsClose CommentsPermalink





`(ii) for months occurring during a subsequent fiscal year, the amount for months occurring during the preceding fiscal year increased under subsection (h); or'.CommentsClose CommentsPermalink





(2) RATES BASED ON TWO YEARS OF OBLIGATED SERVICE- Subsection (b)(1) of such section is amended--CommentsClose CommentsPermalink





(A) by striking subparagraphs (A) through (C) and inserting the following new subparagraph (A):CommentsClose CommentsPermalink





`(A) for months occurring during fiscal year 2009, $950; and'; andCommentsClose CommentsPermalink





(B) by redesignating subparagraph (D) as subparagraph (B).CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to basic educational assistance payable for months beginning on or after that date.CommentsClose CommentsPermalink





(2) LIMITATION ON COST-OF-LIVING ADJUSTMENTS-CommentsClose CommentsPermalink





(A) CERTAIN RATES BASED ON THREE YEARS OF OBLIGATED SERVICE- No adjustment under subsection (h) of section 3015 of title 38, United States Code, shall be made in the rates of educational assistance payable under subsection (a)(1)(A) of such section (as amended by subsection (a)(1) of this section) for any of fiscal years 2009 through 2011.CommentsClose CommentsPermalink





(B) OTHER RATES- No adjustment under subsection (h) of section 3015 of title 38, United States Code, shall be made in the rates of educational assistance payable under subsection (a)(1)(B) of such section (as so amended), or subsection (b) of such section, for fiscal year 2009.CommentsClose CommentsPermalink

SEC. 5. ANNUAL STIPEND FOR RECIPIENTS OF BASIC EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL.

(a) Entitlement to Stipend-CommentsClose CommentsPermalink





(1) IN GENERAL- Subchapter II of chapter 30 of title 38, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 3020A. Educational stipend

`(a) Entitlement- Each individual receiving basic educational assistance under this subchapter who is pursuing a program of education at an institution of higher learning (as such term is defined in section 3452(f) of this title) is entitled to an educational stipend under this section.CommentsClose CommentsPermalink





`(b) Amount of Stipend- The educational stipend payable under this section to an individual entitled to such a stipend shall be paid--CommentsClose CommentsPermalink





`(1) in the case of an individual pursuing an approved program of education on at least a half-time basis, at the annual rate of $500; andCommentsClose CommentsPermalink





`(2) in the case of an individual pursuing an approved program of education on less than a half-time basis, at the annual rate of $350.CommentsClose CommentsPermalink





`(c) Payment Frequency and Method- The educational stipend payable under this subsection shall be paid with such frequency (including by lump sum), and by such mechanisms, as the Secretary shall prescribe for purposes of this section.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 30 of such title is amended by adding at the end of the items relating to subchapter II the following new item:CommentsClose CommentsPermalink





`3020A. Educational stipend.'.CommentsClose CommentsPermalink





(b) Effective Date- Section 3020A of title 38, United States Code, as added by subsection (a), shall take effect on the date that is one year after the enactment of this Act.CommentsClose CommentsPermalink

SEC. 6. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE.

(a) Increase in Rates- Section 16131(b)(1) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking `$251' and inserting `$634';CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking `$188' and inserting `$474'; andCommentsClose CommentsPermalink





(3) in subparagraph (C), by striking `$125' and inserting `$314'.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to educational assistance payable for months beginning on or after that date.CommentsClose CommentsPermalink





(2) NO COST-OF-LIVING ADJUSTMENT- No adjustment under paragraph (2) of section 16131(b) of title 10, United States Code, shall be made in the rates of educational assistance payable under paragraph (1) of such section for fiscal year 2009.CommentsClose CommentsPermalink

SEC. 7. INCREASE IN RATES OF EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND OTHER OPERATIONS WITH EXTENDED SERVICE IN THE SELECTED RESERVE.

(a) Increase in Rates for Extended Service- Paragraph (2) of section 16162(c) of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(2) The educational assistance allowance provided under this chapter shall be the amount as follows (as adjusted under paragraphs (3) and (4)):CommentsClose CommentsPermalink





`(A) In the case of a member who serves an aggregate of 12 years or more in the Selected Reserve of the Ready Reserve, the amount provided under section 3015(a)(1)(A) of title 38 for the fiscal year concerned, except that if a member otherwise covered by this subparagraph ceases serving in the Selected Reserve the amount shall be the amount provided under subparagraph (B) of this paragraph.CommentsClose CommentsPermalink





`(B) In the case of any other member, the amount provided under section 3015(a)(1)(B) of title 38 for the fiscal year concerned.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to educational assistance payable for months beginning on or after that date.CommentsClose CommentsPermalink

SEC. 8. ENHANCEMENT OF TRANSFERABILITY OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE.

(a) Modification of Authority To Transfer Entitlement Under Montgomery GI Bill-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (a) of section 3020 of title 38, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(a) In General- Subject to the provisions of this section, the Secretary of Defense shall authorize each Secretary concerned to permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d).'.CommentsClose CommentsPermalink





(2) ELIGIBLE INDIVIDUALS- Subsection (b) of such section is amended to read as follows:CommentsClose CommentsPermalink





`(b) Eligible Individuals- An individual referred to in subsection (a) is any member of the Armed Forces serving on active duty or as a member of the Selected Reserve who, at the time of the approval by the Secretary concerned of the member's request to transfer entitlement to basic educational assistance under this section--CommentsClose CommentsPermalink





`(1) has completed six years of service in the Armed Forces; andCommentsClose CommentsPermalink





`(2) meets such other requirements as the Secretary of Defense may prescribe for purposes of this section.'.CommentsClose CommentsPermalink





(3) LIMITATIONS ON MONTHS OF TRANSFER- Subsection (d) of such section is amended to read as follows:CommentsClose CommentsPermalink





`(d) Number of Months Transferrable- (1) Except as provided in paragraphs (2) and (3), an individual may transfer under this section any number of months of unused entitlement of the individual to basic educational assistance under this chapter.CommentsClose CommentsPermalink





`(2) In the case of an individual who has completed at least six but less than 12 years of service in the Armed Forces at the time of the approval by the Secretary concerned of the individual's request to transfer entitlement under this section, the number of months that may be transferred by the individual under this section may not exceed the lesser of--CommentsClose CommentsPermalink





`(A) the number of months transferrable by the individual under paragraph (1); orCommentsClose CommentsPermalink





`(B) 18 months.'.CommentsClose CommentsPermalink





(4) TIMING, REVOCATION, AND MODIFICATION OF TRANSFER- Subsection (f) of such section is amended--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking `without regard' and all that follows and inserting `while the individual is a member of the Armed Forces.'; andCommentsClose CommentsPermalink





(B) in paragraph (2)(A), by inserting `while the individual is serving as a member of the Armed Forces or in the Selected Reserve' after `at any time'.CommentsClose CommentsPermalink





(5) EXCLUSION FROM MARITAL PROPERTY- Subsection (f) of such section is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.'.CommentsClose CommentsPermalink





(6) OVERPAYMENT- Subsection (i) of such section is amended--CommentsClose CommentsPermalink





(A) by striking `(1)' before `In the event'; andCommentsClose CommentsPermalink





(B) by striking paragraphs (2) and (3).CommentsClose CommentsPermalink





(7) REGULATIONS- Subsection (k) of such section is amended to read as follows:CommentsClose CommentsPermalink





`(k) Regulations- The Secretary of Defense shall, in coordination with the Secretary of Veterans Affairs, prescribe regulations for purposes of this section. Such regulations shall specify the following:CommentsClose CommentsPermalink





`(1) The circumstances under which the Secretaries concerned may permit and approve transfers of entitlement under this section.CommentsClose CommentsPermalink





`(2) Such requirements for eligibility for transfer of entitlement under this section as the Secretary of Defense considers appropriate for purposes of subsection (b)(2).CommentsClose CommentsPermalink





`(3) The manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).'.CommentsClose CommentsPermalink





(8) HEADING AMENDMENT- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

`Sec. 3020. Transfer of entitlement to basic educational assistance'.

(9) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 30 of such title is amended by striking the item relating to section 3020 and inserting the following:CommentsClose CommentsPermalink





`3020. Transfer of entitlement to basic educational assistance.'.CommentsClose CommentsPermalink





(b) Authority for Transfer of Entitlement Under Reserve Components Educational Assistance Programs-CommentsClose CommentsPermalink





(1) SELECTED RESERVE PROGRAM-CommentsClose CommentsPermalink





(A) IN GENERAL- Chapter 1606 of title 10, United States Code, is amended by inserting after section 16131a the following new section:CommentsClose CommentsPermalink

`Sec. 16131b. Transfer of entitlement to educational assistance

`(a) In General- Subject to the provisions of this section, the Secretary concerned may permit a member of the Armed Forces described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such member's entitlement to such assistance, subject to the limitations under subsection (d).CommentsClose CommentsPermalink





`(b) Eligible Members- A member described in this subsection is a member of the Selected Reserve of the Ready Reserve who, at the time of the approval of the member's request to transfer entitlement to educational assistance under this section--CommentsClose CommentsPermalink





`(1) has completed at least six years of service in the Selected Reserve; andCommentsClose CommentsPermalink





`(2) meets such other requirements as the Secretary of Defense may prescribe for purposes of this section.CommentsClose CommentsPermalink





`(c) Eligible Dependents- A member approved to transfer an entitlement to educational assistance under this section may transfer the member's entitlement as follows:CommentsClose CommentsPermalink





`(1) To the member's spouse.CommentsClose CommentsPermalink





`(2) To one or more of the member's children.CommentsClose CommentsPermalink





`(3) To a combination of the individuals referred to in paragraphs (1) and (2).CommentsClose CommentsPermalink





`(d) Number of Months Transferrable- (1) Except as provided in paragraph (2), a member may transfer under this section any number of months of unused entitlement of the member to educational assistance under this chapter.CommentsClose CommentsPermalink





`(2) In the case of a member who has completed at least six but less than 12 years of service in the Selected Reserve at the time of the approval by the Secretary concerned of the member's request to transfer entitlement under this section, the number of months that may be transferred by the member under this section may not exceed the lesser of--CommentsClose CommentsPermalink





`(A) the number of months transferrable by the individual under paragraph (1); orCommentsClose CommentsPermalink





`(B) 18 months.CommentsClose CommentsPermalink





`(e) Designation of Transferee- A member transferring an entitlement to educational assistance under this section shall--CommentsClose CommentsPermalink





`(1) designate the dependent or dependents to whom such entitlement is being transferred;CommentsClose CommentsPermalink





`(2) designate the number of months of such entitlement to be transferred to each such dependent; andCommentsClose CommentsPermalink





`(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).CommentsClose CommentsPermalink





`(f) Time for Transfer; Revocation and Modification- (1) Subject to the time limitation for use of entitlement under section 16133 of this title, a member approved to transfer entitlement to educational assistance under this section may transfer such entitlement at any time after the approval of the member's request to transfer such entitlement.CommentsClose CommentsPermalink





`(2)(A) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.CommentsClose CommentsPermalink





`(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.CommentsClose CommentsPermalink





`(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.CommentsClose CommentsPermalink





`(g) Commencement of Use- A dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until--CommentsClose CommentsPermalink





`(1) in the case of entitlement transferred to a spouse, the completion by the member making the transfer of six years of service in the Selected Reserve; orCommentsClose CommentsPermalink





`(2) in the case of entitlement transferred to a child, both--CommentsClose CommentsPermalink





`(A) the completion by the member making the transfer of six years of service in the Selected Reserve; andCommentsClose CommentsPermalink





`(B) either--CommentsClose CommentsPermalink





`(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); orCommentsClose CommentsPermalink





`(ii) the attainment by the child of 18 years of age.CommentsClose CommentsPermalink





`(h) Additional Administrative Matters- (1) The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used.CommentsClose CommentsPermalink





`(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the member from whom the entitlement was transferred.CommentsClose CommentsPermalink





`(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable to the member making the transfer under section 16131 or 16132a of this title, as applicable.CommentsClose CommentsPermalink





`(4)(A) The death of a member transferring entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.CommentsClose CommentsPermalink





`(B) The involuntary separation or retirement of a member transferring entitlement under this section because of a nondiscretionary provision of law for age or for years of service, as described in section 16133(b) of this title, or medical disqualification which is not the result of gross negligence or misconduct of the member shall not affect the use of entitlement by the dependent to whom the entitlement is transferred.CommentsClose CommentsPermalink





`(5) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.CommentsClose CommentsPermalink





`(6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).CommentsClose CommentsPermalink





`(7) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions.CommentsClose CommentsPermalink





`(i) Overpayment- (1) In the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the member making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.CommentsClose CommentsPermalink





`(2)(A) Except as provided in subparagraph (B), in the case of a member transferring entitlement under this section whose eligibility is terminated under section 16134(2) of this title, the amount of any transferred entitlement under this section that is used by a dependent of the member as of the date of the failure of the member to participate satisfactorily in training as specified in section 16134(2) of this title shall be treated as an overpayment of educational assistance under paragraph (1).CommentsClose CommentsPermalink





`(B) Subparagraph (A) shall not apply in the case of a member who fails to complete service agreed to by the member--CommentsClose CommentsPermalink





`(i) by reason of the death of the member; orCommentsClose CommentsPermalink





`(ii) for a reason referred to in section 16133(b) of this title.CommentsClose CommentsPermalink





`(j) Approvals of Transfer Subject to Availability of Appropriations- The Secretary concerned may approve transfers of entitlement to educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year.CommentsClose CommentsPermalink





`(k) Regulations- The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, prescribe regulations for purposes of this section. Such regulations shall specify the following:CommentsClose CommentsPermalink





`(1) The circumstances under which the Secretaries concerned may permit and approve transfers of entitlement under this section.CommentsClose CommentsPermalink





`(2) Such requirements for eligibility for transfer of entitlement under this section as the Secretary of Defense considers appropriate for purposes of subsection (b)(2).CommentsClose CommentsPermalink





`(3) The manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).'.CommentsClose CommentsPermalink





(B) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1606 of such title is amended by inserting after the item relating to section 16131a the following new item:CommentsClose CommentsPermalink





`16131b. Transfer of entitlement to educational assistance.'.CommentsClose CommentsPermalink





(2) PROGRAM FOR RESERVE COMPONENTS SUPPORTING CONTINGENCY AND OTHER OPERATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Chapter 1607 of title 10, United States Code, is amended by inserting after section 16162a the following new section:CommentsClose CommentsPermalink

`Sec. 16162b. Transfer of entitlement to educational assistance

`(a) In General- Subject to the provisions of this section, the Secretary concerned may permit a member of the Armed Forces described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such member's entitlement to such assistance, subject to the limitations under subsection (d).CommentsClose CommentsPermalink





`(b) Eligible Members- A member referred to in subsection (a) is a member of the Armed Forces who, at the time of the approval of the member's request to transfer entitlement to educational assistance under this section--CommentsClose CommentsPermalink





`(1) has completed at least six years of service in the Armed Forces; andCommentsClose CommentsPermalink





`(2) meets such other requirements as the Secretary of Defense may prescribe for purposes of this section.CommentsClose CommentsPermalink





`(c) Eligible Dependents- A member approved to transfer an entitlement to educational assistance under this section may transfer the member's entitlement as follows:CommentsClose CommentsPermalink





`(1) To the member's spouse.CommentsClose CommentsPermalink





`(2) To one or more of the member's children.CommentsClose CommentsPermalink





`(3) To a combination of the individuals referred to in paragraphs (1) and (2).CommentsClose CommentsPermalink





`(d) Number of Months Transferrable- (1) Except as provided in paragraph (2), a member may transfer under this section any number of months of unused entitlement of the member to educational assistance under this chapter.CommentsClose CommentsPermalink





`(2) In the case of a member who has completed at least six but less than 12 years of service in the Armed Forces at the time of the approval by the Secretary concerned of the member's request to transfer entitlement under this section, the number of months that may be transferred by the member under this section may not exceed the lesser of--CommentsClose CommentsPermalink





`(A) the number of months transferrable by the individual under paragraph (1); orCommentsClose CommentsPermalink





`(B) 18 months.CommentsClose CommentsPermalink





`(e) Designation of Transferee- A member transferring an entitlement to educational assistance under this section shall--CommentsClose CommentsPermalink





`(1) designate the dependent or dependents to whom such entitlement is being transferred;CommentsClose CommentsPermalink





`(2) designate the number of months of such entitlement to be transferred to each such dependent; andCommentsClose CommentsPermalink





`(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).CommentsClose CommentsPermalink





`(f) Time for Transfer; Revocation and Modification- (1) Subject to the time limitation for use of entitlement under section 16164 of this title, a member approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.CommentsClose CommentsPermalink





`(2)(A) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred.CommentsClose CommentsPermalink





`(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.CommentsClose CommentsPermalink





`(g) Commencement of Use- A dependent to whom entitlement to educational assistance as transferred under this section may not commence the use of the transferred entitlement until--CommentsClose CommentsPermalink





`(1) in the case of entitlement transferred to a spouse, the completion by the member making the transfer of the years of service in the Armed Forces applicable to the member under subsection (b); orCommentsClose CommentsPermalink





`(2) in the case of entitlement transferred to a child, both--CommentsClose CommentsPermalink





`(A) the completion by the member making the transfer of the years of service in the Armed Forces applicable to the member under subsection; andCommentsClose CommentsPermalink





`(B) either--CommentsClose CommentsPermalink





`(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); orCommentsClose CommentsPermalink





`(ii) the attainment by the child of 18 years of age.CommentsClose CommentsPermalink





`(h) Additional Administrative Matters- (1) The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used.CommentsClose CommentsPermalink





`(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the member from whom the entitlement was transferred.CommentsClose CommentsPermalink





`(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable to the member making the transfer under section 16162 or 16162a of this title, as applicable.CommentsClose CommentsPermalink





`(4) The death of a member transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.CommentsClose CommentsPermalink





`(5) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 26 years.CommentsClose CommentsPermalink





`(6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).CommentsClose CommentsPermalink





`(7) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions.CommentsClose CommentsPermalink





`(i) Overpayment- In the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the member making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38.CommentsClose CommentsPermalink





`(j) Approvals of Transfer Subject to Availability of Appropriations- The Secretary concerned may approve transfers of entitlement to educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under section 2006 of this title in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of educational assistance attributable to increased usage of benefits as result of such transfers of entitlement in that fiscal year.CommentsClose CommentsPermalink





`(k) Regulations- The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, prescribe regulations for purposes of this section. Such regulations shall specify the following:CommentsClose CommentsPermalink





`(1) The circumstances under which the Secretaries concerned may permit and approve transfers of entitlement under this section.CommentsClose CommentsPermalink





`(2) Such requirements for eligibility for transfer of entitlement under this section as the Secretary of Defense considers appropriate for purposes of subsection (b)(2).CommentsClose CommentsPermalink





`(3) The manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).'.CommentsClose CommentsPermalink





(B) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1607 of such title is amended by inserting after the item relating to section 16162a the following new item:CommentsClose CommentsPermalink





`16162b. Transfer of entitlement to educational assistance.'.CommentsClose CommentsPermalink





(3) FUNDING UNDER DEPARTMENT OF DEFENSE EDUCATION BENEFITS FUND- Section 2006(b)(2)(D) of title 10, United States Code, is amended by inserting before the period at the end the following: `, including payments attributable to increased usage of benefits as a result of transfers of entitlement to educational assistance under sections 16131b and 16162b of this title'.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this subsection shall take effect on October 1, 2009.CommentsClose CommentsPermalink

SEC. 9. USE OF EDUCATIONAL ASSISTANCE TO REPAY FEDERAL STUDENT LOANS.

(a) Use of Educational Assistance To Repay Federal Student Loans-CommentsClose CommentsPermalink





(1) IN GENERAL- Subchapter II of chapter 30 of title 38, United States Code, as amended by section 4(a) of this Act, is further amended by inserting after section 3020A the following new section:CommentsClose CommentsPermalink

`Sec. 3020B. Use of basic educational assistance benefits for repayment of Federal student loans

`(a) In General- An individual entitled to basic educational assistance under this subchapter who is serving on active duty in the Armed Forces may elect to apply amounts of basic educational assistance otherwise available to the individual under this subchapter to repay all or a portion of the outstanding principal and interest on any Federal student loan owed by the individual for the individual's pursuit of a course of education.CommentsClose CommentsPermalink





`(b) Designation of Loans and Amounts Payable- An individual electing under this section to apply amounts of basic educational assistance to the payment of the outstanding principal and interest on Federal student loans shall designate (in such form and manner as the Secretary shall prescribe for purposes of this section) the following:CommentsClose CommentsPermalink





`(1) Each Federal student loan of the individual for which payment shall be made under this section.CommentsClose CommentsPermalink





`(2) For each Federal student loan designated under paragraph (1), the monthly amount to be paid under this section.CommentsClose CommentsPermalink





`(c) Limitation on Amount of Payments- (1) The monthly amount payable with respect to an individual under this section may not exceed the monthly rate of basic educational assistance to which the individual is otherwise entitled under this subchapter at the time of payment of such monthly amount.CommentsClose CommentsPermalink





`(2) The aggregate amount of basic educational assistance payable with respect to an individual under this section for any 12-month period may not exceed $6,000.CommentsClose CommentsPermalink





`(d) Frequency of Payments- Payment of amounts of principal and interest on Federal student loans of an individual under this section shall be made on a monthly basis.CommentsClose CommentsPermalink





`(e) Cessation of Payments- Payments made under this section with respect to an individual shall cease if the individual ceases serving on active duty in the Armed Forces, effective as of the first month that begins after the date on which the individual ceases serving on active duty in the Armed Forces.CommentsClose CommentsPermalink





`(f) Charge Against Entitlement- The period of entitlement to basic educational assistance under this subchapter of an individual for whom payments are made under this section shall be charged at the rate of one month for each payment or aggregate of payments under this section that are equivalent in amount to the monthly rate of basic educational assistance to which the individual is otherwise entitled under this subchapter.CommentsClose CommentsPermalink





`(g) Regulations- The Secretary shall prescribe such regulations as the Secretary considers appropriate for purposes of the administration of this section.CommentsClose CommentsPermalink





`(h) Federal Student Loan Defined- In this section, the term `Federal student loan' means any loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections of subchapter II of chapter 30 of such title, as so amended, is further amended by inserting after the item relating to section 3020A the following new item:CommentsClose CommentsPermalink





`3020B. Use of basic educational assistance benefits for repayment of Federal student loans.'.CommentsClose CommentsPermalink





(b) Effective Date- Section 3020B of title 38, United States Code, as added by subsection (a), shall apply with respect to educational assistance payable for months that begin on or after the date that is one year after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 10. EDUCATIONAL ASSISTANCE FOR GRADUATES OF THE SERVICE ACADEMIES AND RESERVE OFFICERS' TRAINING CORPS PROGRAMS.

(a) Active Duty Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (a)(1) of section 3011 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking `or' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (C), by adding `or' at the end; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(D) after September 30, 2009--CommentsClose CommentsPermalink





`(i) receives a commission as an officer in the Armed Forces--CommentsClose CommentsPermalink





`(I) upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy; orCommentsClose CommentsPermalink





`(II) upon completion of a Senior Reserve Officers' Training Corps program under chapter 103 of title 10; andCommentsClose CommentsPermalink





`(ii) completes at least five years of continuous active duty in the Armed Forces (excluding any period of obligated service in connection with receipt of a commission as an officer in the Armed Forces under clause (i) and excluding any other period of obligated service in connection with education, training, or instruction provided or funded, whether in whole or in part, by the United States);'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Such section is further amended--CommentsClose CommentsPermalink





(A) in subsection (b), by striking `subsection (c)(1)' and inserting `subsection (c)';CommentsClose CommentsPermalink





(B) in subsection (c)--CommentsClose CommentsPermalink





(i) by striking `(1)' after `(c)'; andCommentsClose CommentsPermalink





(ii) by striking paragraphs (2) and (3); andCommentsClose CommentsPermalink





(C) in subsection (e)(1), by striking `subsection (c)(1)' and inserting `subsection (c)'.CommentsClose CommentsPermalink





(b) Selected Reserve Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (a)(1) of section 3012 of such title is amended--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking `or' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (C), by adding `or' at the end; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(D) after September 30, 2009--CommentsClose CommentsPermalink





`(i) receives a commission as an officer in the Armed Forces--CommentsClose CommentsPermalink





`(I) upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy; orCommentsClose CommentsPermalink





`(II) upon completion of a Senior Reserve Officers' Training Corps program under chapter 103 of title 10; andCommentsClose CommentsPermalink





`(ii) completes at least five years of continuous active duty in the Armed Forces (excluding any period of obligated service in connection with receipt of a commission as an officer in the Armed Forces under clause (i) and excluding any other period of obligated service in connection with education, training, or instruction provided or funded, whether in whole or in part, by the United States);'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Such section is further amended--CommentsClose CommentsPermalink





(A) in subsection (c), by striking `subsection (d)(1)' and inserting `subsection (d)';CommentsClose CommentsPermalink





(B) in subsection (d)--CommentsClose CommentsPermalink





(i) by striking `(1)' after `(d)'; andCommentsClose CommentsPermalink





(ii) by striking paragraphs (2) and (3); andCommentsClose CommentsPermalink





(C) in subsection (f)(1), by striking `subsection (d)(1)' and inserting `subsection (d)'.CommentsClose CommentsPermalink





(c) Amount of Basic Educational Assistance- Section 3015(c) of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `paragraph (2)' and inserting `paragraphs (2) and (3)'; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(3) Paragraph (1) of this section also applies to the following:CommentsClose CommentsPermalink





`(A) An individual entitled to an educational assistance allowance under section 3011 of this title by reason of subsection (a)(1)(D) of such section.CommentsClose CommentsPermalink





`(B) An individual entitled to an educational assistance allowance under section 3012 of this title by reason of subsection (a)(1)(D) of such section.'.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall take effect on October 1, 2009.CommentsClose CommentsPermalink

SEC. 11. OPPORTUNITY FOR CURRENT AND CERTAIN RETIRED VEAP-ERA PERSONNEL TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL.

(a) Opportunity for Current and Certain Retired VEAP-Era Personnel to Enroll-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section:CommentsClose CommentsPermalink

`Sec. 3018D. Opportunity for current and certain retired VEAP-era personnel to enroll

`(a) In General- An individual described in subsection (b) who makes an election described in paragraph (5) of such subsection is entitled to basic educational assistance under this chapter, subject to the provisions of subsection (d).CommentsClose CommentsPermalink





`(b) Covered Individuals- An individual described in this subsection is an individual who meets each of the following requirements:CommentsClose CommentsPermalink





`(1) The individual first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces on or after January 1, 1977, but before July 1, 1985.CommentsClose CommentsPermalink





`(2) The individual, as of the date of the individual's election under paragraph (5)--CommentsClose CommentsPermalink





`(A) is serving on active duty without a break in service (other than as described in section 3202(1)(C) of this title) since the date the individual first became such a member or first entered on active duty as such a member; orCommentsClose CommentsPermalink





`(B) is retired from the Armed Forces after serving at least 20 years on active duty in the Armed Forces, which service included service on active duty in the Armed Forces on or after September 11, 2001, and elected not to participate in the program of educational assistance under chapter 32 of this title.CommentsClose CommentsPermalink





`(3) The individual, before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree, but has not completed the requirements for nor been awarded a bachelor's degree.CommentsClose CommentsPermalink





`(4) The individual--CommentsClose CommentsPermalink





`(A) in the case of an individual described by paragraph (2)(A), is discharged with an honorable discharge or released with service characterized as honorable by the Secretary concerned; orCommentsClose CommentsPermalink





`(B) in the case of an individual described by paragraph (2)(B), was discharged with an honorable discharge or released with service characterized as honorable by the Secretary concerned.CommentsClose CommentsPermalink





`(5) During the one-year period beginning on October 1, 2009, the individual makes an irrevocable election to receive benefits under this section pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy.CommentsClose CommentsPermalink





`(c) Reduction of Pay; Collection and Payment of Amounts- (1) In the case of an individual described by subsection (b) who makes an election under this section to become entitled to basic educational assistance under this chapter--CommentsClose CommentsPermalink





`(A) the basic pay or retired or retainer pay, as applicable, of the individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such pay is reduced is $2,700; orCommentsClose CommentsPermalink





`(B) to the extent that the basic pay of the individual is not so reduced before the individual's discharge or release from active duty as described in subsection (d)(4)(A), the Secretary concerned shall collect from the individual an amount equal to the difference between $2,700 and the total amount of reductions with respect to the individual under subparagraph (A).CommentsClose CommentsPermalink





`(2) An individual covered by paragraph (1) may at any time pay the Secretary concerned an amount equal to the difference between the total of the reductions otherwise required with respect to the individual under that paragraph and the total amount of the reductions with respect to the individual under that paragraph at the time of the payment.CommentsClose CommentsPermalink





`(3) Any amounts collected under paragraph (1)(B) or paid under paragraph (2) shall be paid into the Department of Defense Education Benefits Fund under section 2006 of title 10.CommentsClose CommentsPermalink





`(4) The total amount of reductions in pay, or of collections or payments, required with respect to an individual under paragraph (1) shall be achieved not later than 12 months after the date on which the individual makes an election under subsection (b)(5).CommentsClose CommentsPermalink





`(5) No amount of educational assistance allowance under this chapter shall be paid to an individual covered by paragraph (1) until the date on which the total amount of reductions in pay, or of collections or payments, required with respect to the individual under paragraph (1) is achieved.CommentsClose CommentsPermalink





`(d) Limitations on Basic Educational Assistance- (1) The basic educational assistance allowance payable under this chapter to an individual entitled to such educational assistance allowance under this section shall be payable at the monthly rate of basic educational assistance payable under section 3015(a)(1)(B) of this title.CommentsClose CommentsPermalink





`(2) Basic educational assistance under this section shall be available only for pursuit of a non-degree vocational training program, an associate degree, or a bachelor's degree, but shall not be available for pursuit of a masters degree or other advanced college degree.CommentsClose CommentsPermalink





`(3) An individual entitled under this section to basic educational assistance under this chapter is entitled to the educational stipend provided under section 3020A of this title.CommentsClose CommentsPermalink





`(4)(A) Entitlement under this section to basic educational assistance under this chapter is not transferrable under the provisions of section 3020 of this title.CommentsClose CommentsPermalink





`(B) An individual entitled under this section to basic educational assistance under this chapter is not eligible for the following:CommentsClose CommentsPermalink





`(i) The use of basic educational assistance benefits under this chapter for the repayment of Federal student loans under section 3020B of this title.CommentsClose CommentsPermalink





`(ii) Supplemental educational assistance authorized by subchapter III of this chapter.CommentsClose CommentsPermalink





`(5)(A) Except as provided in subparagraph (B), the provisions of section 3031 of this title shall apply to the use of entitlement under this section to basic educational assistance under this chapter.CommentsClose CommentsPermalink





`(B) In the case of an individual entitled under this section to basic educational assistance under this chapter who is described by subsection (b)(2)(B), the period during which the individual may use such entitlement expires on October 1, 2019.CommentsClose CommentsPermalink





`(e) Outreach- The Secretary shall, in coordination with the Secretary of Defense, provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 3018C the following new item:CommentsClose CommentsPermalink





`3018D. Opportunity for current and certain retired VEAP-era personnel to enroll.'.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 3017(b)(1) of such title is amended--CommentsClose CommentsPermalink





(1) in subparagraphs (A) and (C), by striking `or 3018C(e)' and inserting `3018C(e), or 3018D(c)'; andCommentsClose CommentsPermalink





(2) in subparagraph (B), by striking `or 3018C(e) of this title' after `section 3018C(e), or 3018D(c) of this title or paid by the individual under section 3018D(c) of this title'.CommentsClose CommentsPermalink

SEC. 12. COLLEGE PATRIOTS GRANT PROGRAM.

(a) Program Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 36 of title 38, United States Code, is amended by adding at the end the following new subchapter:CommentsClose CommentsPermalink

`SUBCHAPTER IV--COLLEGE PATRIOTS GRANTS

`Sec. 3699A. College Patriots Grant Program

`(a) Purpose- It is the purpose of this section to provide, through a partnership with the Department and institutions of higher education, supplemental educational grants to assist in making available the benefits of postsecondary education to qualified veterans by meeting such veterans' unmet financial need.CommentsClose CommentsPermalink





`(b) Establishment of Program- The Secretary shall carry out a supplemental educational grant program under which--CommentsClose CommentsPermalink





`(1) an institution of higher education participating in the program voluntarily provides a covered individual enrolled in the institution with the non-Federal share of a percentage of the covered individual's unmet financial need determined in accordance with subsection (e); andCommentsClose CommentsPermalink





`(2) the Secretary provides the Federal share of a percentage of the covered individual's unmet financial need determined in accordance with subsection (e).CommentsClose CommentsPermalink





`(c) Designation of Program- The program under this section shall be known as the `College Patriots Grant Program'.CommentsClose CommentsPermalink





`(d) Institutional Eligibility Criteria- Assistance may be made available under this section only to an institution of higher education that satisfies any criteria specified by the Secretary. Such criteria shall include an agreement or other appropriate assurance from the institution of higher education that--CommentsClose CommentsPermalink





`(1) the non-Federal share of a covered individual's unmet financial need awarded under this section shall be provided from non-Federal resources, including--CommentsClose CommentsPermalink





`(A) institutional grants and scholarships;CommentsClose CommentsPermalink





`(B) tuition or fee waivers;CommentsClose CommentsPermalink





`(C) State scholarships; andCommentsClose CommentsPermalink





`(D) foundation or other charitable organization funds; andCommentsClose CommentsPermalink





`(2) funds made available under this section shall be provided to a covered individual for whom the institution of higher education has made a determination that the covered individual has an unmet financial need, which determination shall be made before including Federal student loans under title IV of the Higher Education Act of 1965 in the covered individual's financial aid package.CommentsClose CommentsPermalink





`(e) Federal Share; Non-Federal Share-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall not approve an institution of higher education for participation in the College Patriots Grant Program unless the institution of higher education has provided, in the manner required by the Secretary, the following:CommentsClose CommentsPermalink





`(A) An agreement or other assurance that the institution of higher education will provide the non-Federal share in accordance with this subsection.CommentsClose CommentsPermalink





`(B) Information on the specific methods by which the non-Federal share shall be paid.CommentsClose CommentsPermalink





`(C) An acknowledgment that the non-Federal share provided under this subsection shall supplement and not supplant other Federal and non-Federal funds.CommentsClose CommentsPermalink





`(2) FEDERAL AND NON-FEDERAL SHARES- Each institution of higher education participating in the program under this section shall select one of the three contribution percentage tiers described in paragraph (3) for purposes of meeting a percentage of the unmet financial needs of covered individuals enrolled in the institution.CommentsClose CommentsPermalink





`(3) PERCENTAGE CONTRIBUTION TIERS-CommentsClose CommentsPermalink





`(A) 25 PERCENT TIER- In the case of a covered individual enrolled in the institution who has an unmet financial need that is--CommentsClose CommentsPermalink





`(i) less than $8,000, the non-Federal share shall be 12.5 percent of the unmet financial need and the Federal share shall be 12.5 percent of the unmet financial need, except that the Federal share shall not exceed $1,000; andCommentsClose CommentsPermalink





`(ii) equal to or greater than $8,000, the Federal share shall be $1,000 and the non-Federal share shall be 25 percent of the covered individual's unmet financial need minus $1,000.CommentsClose CommentsPermalink





`(B) 50 PERCENT TIER- In the case of a covered individual enrolled in the institution who has an unmet financial need that is--CommentsClose CommentsPermalink





`(i) less than $8,000, the non-Federal share shall be 25 percent of the unmet financial need and the Federal share shall be 25 percent of the unmet financial need, except that the Federal share shall not exceed $2,000; andCommentsClose CommentsPermalink





`(ii) equal to or greater than $8,000, the Federal share shall be $2,000 and the non-Federal share shall be 50 percent of the covered individual's unmet financial need minus $2,000.CommentsClose CommentsPermalink





`(C) 100 PERCENT TIER- In the case of a covered individual enrolled in the institution who has an unmet financial need that is--CommentsClose CommentsPermalink





`(i) less than $6,000, the non-Federal share shall be 50 percent of the unmet financial need and the Federal share shall be 50 percent of the unmet financial need, except that the Federal share shall not exceed $3,000; andCommentsClose CommentsPermalink





`(ii) equal to or greater than $6,000, the Federal share shall be $3,000 and the non-Federal share shall be 100 percent of the covered individual's unmet financial need minus $3,000.CommentsClose CommentsPermalink





`(f) Regulations- The Secretary shall prescribe regulations necessary to implement and administer the College Patriots Grant Program, including regulations establishing the procedures for determining eligibility for the program, applying for supplemental educational grants under the program, and distributing the Federal share provided by the Secretary under the program.CommentsClose CommentsPermalink





`(g) Outreach- The Secretary of Veterans Affairs, in coordination with the Secretary of Defense and the Secretary of Education, shall--CommentsClose CommentsPermalink





`(1) make available to the public on the Internet website of the Department--CommentsClose CommentsPermalink





`(A) a current list of institutions of higher education participating in the College Patriots Grant Program; andCommentsClose CommentsPermalink





`(B) information on the extent of participation of each institution of higher education participating in the College Patriots Grant Program;CommentsClose CommentsPermalink





`(2) make available to the public on the Internet website of the Department information about all Federal and State education benefits that members of the regular components of the Armed Forces, members of the reserve components of the Armed Forces, veterans, and their dependents may be eligible to receive; andCommentsClose CommentsPermalink





`(3) make available to institutions of higher education information about the College Patriots Grant Program and take appropriate actions to encourage broad participation of institutions of higher education in the program.CommentsClose CommentsPermalink





`(h) Awards for Institutional Recognition- The Secretary may establish and administer an awards program to recognize the extent of an institution of higher education's participation in the College Patriots Grant Program.CommentsClose CommentsPermalink





`(i) Definitions- In this section:CommentsClose CommentsPermalink





`(1) COST OF ATTENDANCE- The term `cost of attendance' has the meaning given the term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).CommentsClose CommentsPermalink





`(2) COVERED INDIVIDUAL- The term `covered individual' means an individual who--CommentsClose CommentsPermalink





`(A) is enrolled in an institution of higher education that is participating in the College Patriots Grant Program;CommentsClose CommentsPermalink





`(B) has such amount of remaining entitlement to educational assistance under chapter 30 or 32 of this title, or under chapter 1606 or 1607 of title 10, as the Secretary may require for purposes of this section; andCommentsClose CommentsPermalink





`(C) after receipt of any of the educational assistance described in subparagraph (B), has an unmet financial need to attend the institution of higher education for which a supplemental educational grant is sought.CommentsClose CommentsPermalink





`(3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).CommentsClose CommentsPermalink





`(4) UNMET FINANCIAL NEED- The term `unmet financial need' means, with respect to a covered individual, the cost of attendance for the covered individual to attend an institution of higher education participating in the College Patriots Grant Program, minus the sum of--CommentsClose CommentsPermalink





`(A) grant and work assistance received by the covered individual under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); andCommentsClose CommentsPermalink





`(B) any educational assistance payments received by the covered individual through any programs administered by the Department of Veterans Affairs or the Department of Defense.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 36 of such title is amended by adding at the end the following new items:CommentsClose CommentsPermalink

`subchapter iv--college patriots grants

`3699A. College Patriots Grant Program.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect one year after the date of the enactment of this Act, and shall apply to terms, quarters, or semesters beginning on or after that date.CommentsClose CommentsPermalink