WikiLeaks Document Release
               http://wikileaks.org/wiki/CRS-RS22929
                                             February 2, 2009



                       Congressional Research Service
                                      Report RS22929
    A Brief Overview of the Post-9/11 Veterans Educational
                    Assistance Act of 2008
                              Shannon S. Loane, Knowledge Services Group

                                               July 28, 2008

Abstract. The Post-9/11 Veterans Educational Assistance Act of 2008, enacted as Title V of P.L. 110-252
on June 30, 2008, provides enhanced educational benefits for veterans and servicemembers. It establishes the
Post-9/11 Veterans Educational Assistance program, under which veterans and servicemembers who have served
on active duty in the armed forces on or after September 11, 2001, may receive assistance towards the cost of
tuition and fees, a monthly housing allowance, and a stipend for books and supplies. The Act grants authority
for servicemembers who meet certain criteria to be permitted to transfer unused veterans education benefits to
family members. It also increases maximum monthly benefits amounts under the Montgomery GI Bill-Active
Duty program and the Reserve Educational Assistance Program.
                                                                                                                      Order Code RS22929
                                                                                                                             July 28, 2008




                                           A Brief Overview of the Post-9/11 Veterans
                                              Educational Assistance Act of 2008
                                                                       Shannon S. Loane
                                                                 Information Research Specialist
                                                                    Knowledge Services Group

                                        Summary

                                             The Post-9/11 Veterans Educational Assistance Act of 2008, enacted as Title V of
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                                        P.L. 110-252 on June 30, 2008, provides enhanced educational benefits for veterans and
                                        servicemembers. It establishes the Post-9/11 Veterans Educational Assistance program,
                                        under which veterans and servicemembers who have served on active duty in the armed
                                        forces on or after September 11, 2001, may receive assistance towards the cost of tuition
                                        and fees, a monthly housing allowance, and a stipend for books and supplies. The Act
                                        grants authority for servicemembers who meet certain criteria to be permitted to transfer
                                        unused veterans education benefits to family members. It also increases maximum
                                        monthly benefits amounts under the Montgomery GI Bill-Active Duty program and the
                                        Reserve Educational Assistance Program.


                                        Post-9/11 Veterans Educational Assistance Program
                                              On June 30, 2008, the President signed into law P.L. 110-252, the Supplemental
                                        Appropriations Act, 2008. Title V of P.L. 110-252, the Post-9/11 Veterans Educational
                                        Assistance Act of 2008, establishes the Post-9/11 Veterans Educational Assistance
                                        program under Chapter 33 of Title 38 of the United States Code, and makes amendments
                                        to existing veterans education programs. The Post-9/11 Veterans Educational Assistance
                                        program extends educational benefits to veterans and servicemembers who have served
                                        on active duty in the armed forces (including members of a reserve component under a
                                        call or order to active duty) for at least 90 days after September 10, 2001. The effective
                                        date for the new program is August 1, 2009, and individuals have 15 years from their
                                        discharge or release from active duty to use the benefits.

                                            Whereas servicemembers must elect to participate in the Montgomery GI Bill-Active
                                        Duty (MGIB-AD) program at the time of their enlistment and agree to have their military
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                                        pay reduced by $100 per month for 12 months, no such requirements apply to the Post-
                                        9/11 program, which requires no contribution by servicemembers.1

                                              Under the Post-9/11 Veterans Educational Assistance program, individuals who have
                                        served at least 90 days on active duty after September 10, 2001, (or who have served at
                                        least 30 continuous days on active duty and were discharged with a service-connected
                                        disability) may receive educational assistance benefits for 36 months. Individuals who
                                        have served for at least 36 months on active duty, or who were discharged with a service
                                        connected disability after 30 consecutive days of service, may receive the maximum
                                        benefit amount. Individuals who serve fewer than 36 months on active duty will be
                                        eligible for benefits calculated as a percentage of the total maximum benefits. (See Table
                                        1.)

                                                  Table 1. Benefits Based on Active Duty Time Served Since
                                                                          9/11/2001

                                                   Aggregate Time Served on Active Duty                     Percentage of Maximum
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                                                              Since 9/11/2001                                   Benefit Payable
                                            At least 36 months                                                        100

                                            At least 30 continuous days on active duty and discharged due             100
                                            to service-connected disability

                                            At least 30 months, but less than 36 months                                90

                                            At least 24 months, but less than 30 months                                80

                                            At least 18 months, but less than 24 months                                70

                                            At least 12 months, but less than 18 months                                60

                                            At least 6 months, but less than 12 months                                 50

                                            At least 90 days, but less than 6 months                                   40

                                        Source: Table prepared by CRS based on 38 U.S.C. ยง3313 and data available from the U.S. Department
                                        of Veterans Affairs.

                                              Under the program, individuals are eligible to receive educational assistance in the
                                        form of payments for tuition and fees, a housing allowance, a books and supplies stipend,
                                        tutoring, testing and certification fees, and, in some cases, certain relocation and travel
                                        expenses. In addition, the program may provide additional funds for attending private
                                        institutions, under certain conditions, through the Yellow Ribbon GI Education
                                        Enhancement Program. The program also allows for transferability of benefits from a
                                        servicemember meeting specified criteria to a spouse and/or child(ren). (See Table 2 for
                                        more information on these benefits.)




                                        1
                                         For more information about the Montgomery GI Bill, see CRS Report RL34549, A Brief History
                                        of Veterans' Education Benefits and Their Value, by David P. Smole and Shannon S. Loane.
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                                              Approved educational programs include undergraduate degrees, graduate degrees,
                                        and vocational or technical training. All training programs must be offered by an
                                        institution of higher education (IHE) and approved by the Veterans Administration.2

                                            Table 2. Post-9/11 Veterans Educational Program Benefit Amounts

                                            Benefit           Amount
                                            Tuition and       An individual is entitled to 36 months of tuition and fees (limited to the amount
                                            feesa             of undergraduate tuition charged at the most expensive public institution in the
                                                              state in which the servicemember or veteran is enrolled).

                                            Housing           An individual is entitled to a monthly housing stipend amount equal to the
                                            Allowanceb        monthly basic allowance for housing (BAH) for a member with dependents in pay
                                                              grade E-5 in the military housing area in which the institution of higher education
                                                              (IHE) is located.

                                            Books and         An individual is entitled to a $1,000 annual stipend for books and required
                                            Suppliesc         educational expenses.
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                                            Tutoring          An individual is entitled to payment, not to exceed $100 per month and up to a
                                                              maximum of $1,200, for tutorial assistance, provided it is certified the individual
                                                              needs tutoring to pass a course required for the approved program of education.

                                            Testing and       An individual is entitled to payment, not to exceed the lesser of the test fee or
                                            Certification     $2,000, for one licensing or certification test.

                                            Relocation or     An individual who resides in a rural county and who has to relocate a distance of
                                            Travel            at least 500 miles, or must travel by air to attend an IHE, is entitled to a single
                                            Assistance        payment of up to $500.

                                            Yellow Ribbon     In cases where an IHE's tuition and fees are not covered by the tuition and fees
                                                              payment benefit, the government may provide up to 50% of the remaining tuition
                                                              and fees costs if the IHE voluntarily enters into an agreement to match an equal
                                                              percentage.

                                            Transferability   The program allows the Secretary of Defense to authorize the branches to permit
                                                              servicemembers who have served at least six years and who agree to serve at least
                                                              four more years to transfer between 18 and 36 months of educational benefits to a
                                                              spouse and/or child(ren).

                                        Source: Table prepared by CRS based on 38 U.S.C. Chapter 33 and data available from the U.S.
                                        Department of Veterans Affairs.

                                        a. There may be great variation from state to state in tuition and fees amounts. For example, in 2006,
                                           undergraduate in-state tuition and fees at the most expensive public IHE ranged from $2,160 at the
                                           University of the District of Columbia in Washington, D.C. to $12,750 at the Benjamin Franklin Institute
                                           of Technology in Massachusetts. Figures obtained from the Integrated Postsecondary Education Data
                                           System (IPEDS) at the National Center for Education Statistics (NCES) at [http://nces.ed.gov/ipeds/].
                                        b. There may be great variation from state to state and within states for BAH stipends. For example, in
                                           2008, the BAH for pay grade E-5 with dependents ranged from $667 per month to $2,512 per month
                                           [http://141.116.74.201/bah/acrobat/2008/!FINAL%202008%20'With'%20BAH%20Rates.pdf].
                                           Individuals on active duty or pursuing an education on a less-than-half-time basis are not eligible for the
                                           housing allowance.
                                        c. Individuals on active duty are not eligible for the books and supplies stipend.



                                        2
                                            For more information see [http://www.gibill.va.gov/GI_Bill_Info/search_programs.htm].
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                                        Amendments to Other Veterans' Education Programs
                                             In addition to the newly-enacted Post-9/11 Veterans Educational Assistance
                                        program, the following educational assistance programs are currently available to veterans
                                        and servicemembers:

                                             !   MGIB-Active Duty (MGIB-AD), for individuals who are on active duty
                                                 or following separation from active duty;
                                             !   MGIB-Selected Reserves (MGIB-SR), for members of the selected
                                                 reserves; and
                                             !   Reserve Educational Assistance Program (REAP), for members of
                                                 reserve components who are called or ordered to active duty in response
                                                 to a war or national emergency as declared by the President or Congress.

                                              Maximum monthly benefit amounts for full-time enrollment in eligible programs,
                                        as of October 1, 2007, are $1,101.00 for active duty members (MGIB-AD) who enlist for
                                        three years or more; $880.80 for individuals in the selected reserves (REAP) who are
                                        called to active duty and who serve more than two consecutive years on active duty; and
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                                        $317.00 for members of the selected reserves (MGIB-SR) who are not serving on active
                                        duty. P.L. 110-252 increases the maximum rate for MGIB-AD to $1,321 for the period
                                        August 1, 2008, through September 30, 2009. The maximum reimbursement rate for
                                        REAP increases to $1,056.80 as of August 1, 2008.3

                                             Previously, under the MGIB-AD program, the different service branches were
                                        authorized to operate limited transferability programs, but only the Army offered such a
                                        program. P.L. 110-252 provides for transferability of educational benefits for MGIB-AD,
                                        MGIB-SR, and REAP, effective the date of enactment.

                                             Individuals eligible for the MGIB-AD, MGIB-SR, or REAP programs on August 1,
                                        2009, may elect to receive benefits under the Post-9/11 Veterans Educational Assistance
                                        Act. Individuals may be able to receive benefits under multiple veterans educational
                                        assistance programs (to a maximum of 48 months), but may not receive benefits under
                                        more than one program at a time.

                                        Additional Resources
                                             !   The GI Bill Website of the Department of Veterans Affairs contains
                                                 information on the Post-9/11 Veterans Educational Assistance program,
                                                 as well as MGIB-AD, MGIB-SR, and REAP [http://www.gibill.va.gov/].
                                             !   For more information about the different federal education benefits
                                                 available to veterans and military personnel, see CRS Report RL34549,
                                                 A Brief History of Veterans' Education Benefits and Their Value, by
                                                 David P. Smole and Shannon S. Loane.



                                        3
                                          The benefit amounts shown for each program are for full-time institutional training. The
                                        amounts are less for individuals who attend school less than full-time and who served less than
                                        the aforementioned number of years. Links to the latest education benefits payment rate
                                        schedules for each of the three programs are available at [http://www.gibill.va.gov/GI_Bill_Info/
                                        rates.htm].