Post-9/11 Veterans Educational Assistance Act of 2008

The Post-9/11 Veterans Educational Assistance Act of 2008 is Title V of the Supplemental Appropriations Act of 2008, Pub.L. 110-252, H.R. 2642, an Act of Congress which became law on June 30, 2008.^[1] The act amended Part III of Title 38, United States Code to include a new Chapter 33, which expands the educational benefits for military veterans who have served since September 11, 2001. At various times the new education benefits have been referred to as the Post-9/11 GI Bill, the 21st Century G.I. Bill of Rights, or the Webb G.I. Bill, with many current references calling it simply the new G.I. Bill

The law is an effort to pay for veterans' college expenses to a similar extent that the original G.I. Bill did after World War II. The main provisions of the act include funding 100% of a public four-year undergraduate education to a veteran who has served three years on active duty since September 11, 2001. The act also provides the ability for the veteran to transfer benefits to a spouse or children after serving (or agreeing to serve) ten years.

The act was originally proposed by Virginia Senator Jim Webb, who introduced the original form of the bill in January 2007 as his first legislative proposal. Webb hoped that these benefits would help current veterans as much as the original G.I. Bill helped the Greatest Generation in shaping America.

The original Post-9/11 GI Bill's provisions went into effect on August 1, 2009. Pending changes will go into effect in August and October 2011 - see "Pending Changes" section below.

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Overview

The Post-9/11 Veterans Educational Assistance Act of 2008 improves educational benefits for certain individuals serving on active duty in the Armed Forces on or after September 11, 2001.

The main benefits include:

• Four academic years (36 months) of educational tuition benefits for an approved program up to the cost of the most expensive in-state undergraduate public tuition in the state the Veteran enrolls, currently, ranging from approximately $3,500 in Wyoming to over $13,000 in Montana. The amount received depends on the number of months the veteran served on active-duty service on or after September 11, 2001. The minimum requirement is service of at least 90 days, which entitles the veteran to 40% of the educational benefit.
• Additional tuition at more expensive private schools under the "Yellow Ribbon" program allows participating institutions to share the cost (as of 2008, one to one) with the federal government up to 100% of the expense.^[2]
• A monthly living stipend based on housing costs of a service member of pay grade E-5 with dependents, based on zip code of learning institution. This rate varies greatly nationwide; the current rate for New York City is $2,744, while the same rate for El Paso, TX is $917. Veterans attending schools online or through correspondence will not receive this benefit if their entire enrollment is in distance or online learning. The veteran will be entitled to the stipend if at least one course is classified as "in-residence".^[3][4]
• A benefit eligibility period of 15 years after leaving active duty (compared to 10 years in the current Montgomery G.I. Bill).
• International education programs outside the US are eligible. (US national computation for institutions without a US Campus)
• Elimination of the $1,200 program enrollment fee paid by the veteran at the beginning of military service currently required by the Montgomery G.I. Bill. There is also a one-time payment of additional assistance, paid concurrently with the disbursement of the final month of benefits, which refunds either all or portions of the original $1,200 enrollment fee; the refund amount depends both on the amount contributed, up to $1,200, multiplied by the percentile balance of remaining benefits when electing to convert to Chapter 33.
• An annual stipend to cover other education costs (e.g., books, supplies, fees) of up to $1,000.
• Up to $2,000 towards one-time licensing or certification test, not charged against the 36-month entitlement.

Pending Changes to the Post-9/11 GI Bill

In December 2010 Congress passed the Post-9/11 Veterans Education Assistance Improvements Act of 2010. The new law, often referred to as GI Bill 2.0, expands eligibility for members of the National Guard to include time served on Title 32 or in the full-time Active Guard and Reserve (AGR).

The new law also includes a new (reduced) housing stipend for online (distance) learners enables active-duty servicemembers and their GI Bill eligible spouses to receive the annual $1,000 book stipend, adds several vocational, certification and OJT options, and removes the state-by-state tuition caps for veterans enrolled at public (state-operated) colleges and universities.

In addition the so-called GI Bill 2.0 includes a new $17,500 a year cap on tuition and fees coverage for veterans attending private universities, prorates the housing stipend based on the student's rate of pursuit, and removes the "interval pay" which allowed veterans to continue to receive payments during scheduled school breaks (i.e. winter and spring breaks).

The bulk of these changes go into effect August and October 2011. ^[5]

The eligibility requirements include:

• Completion of a secondary school diploma (or its equivalent) before applying for such assistance.
• Active duty service^{[Note 1]} on or after September 11, 2001 of 36 months for full benefits, and 3 to 35 months for partial benefits.
• Active Duty soldiers who opted to enroll in the College Loan Repayment Program will receive the new GI Bill benefits. However, the amount of time of enlistment used to fulfill the College Loan Repayment Program requirement (typically the first three to four years of service) will not count toward the time of service required to qualify for the new benefits.^[6]

The transferability provisions may include, depending on final regulations currently being drafted by the DoD (in consultation with the VA and Coast Guard):

• Servicemembers with six years of active duty service, with a commitment to serve an additional four years, may transfer benefits to their spouse.
• Servicemembers with over ten years of service may transfer benefits to a child.

Federal Student Aid Application

Students, regardless of whether Post-9/11 GI Bill benefits pay all or some of college costs, may obtain additional financial aid for education by preparing a federal student aid application (FAFSA). The amount of military aid a student receives for a college education does not defer eligibility or reduce the amount of student aid that student could receive from the four federal grant programs - Pell, SMART, ACG, and TEACH - and many of the state student aid programs.^[7]

Section breakdown

• Section 3311: Educational assistance for service in the Armed Forces after September 11, 2001 - Entitlement. This section prescribes multiple categories of veterans entitled to educational benefits under this Act. In general, to qualify, veterans must have served at least 90 days of active duty, with at least some period of active duty time served on or after September 11, 2001.
• Section 3312: Educational assistance - Duration. Veterans are entitled to receive educational assistance for a period of time that is linked to their entitlement, as measured by Section 3311 above. In general, veterans may not receive assistance for more than a total of 36 months, which equals 4 academic years.
• Section 3313: Educational assistance - Payment and amount. In general, veterans may receive monetary assistance to pursue an approved program of education as follows: (i) payments covering the established charges of the program, (ii) a housing stipend based on a servicemember of pay grade E-5 with dependants in the area of the educational institution (iii) an annual stipend of $1,000. This Section prescribes the timing of such payments and revised payment guidelines related to less-than-half-time education, apprenticeships, on-the-job-training, correspondence school, and flight training.
• Section 3314: Tutorial assistance. Veterans may receive additional payment for tutorial assistance, not to exceed $100/month, for a maximum of 12 months, or until a maximum of $1,200 is used.
• Section 3315: Licensure and certification tests. Veterans may receive payment for one licensing or certification test, not to exceed the lesser of $2,000 or the test fee.
• Section 3317: Public-private contributions for additional educational assistance. Establishes a system where private colleges and universities can voluntarily participate in the program. The government will pay up to 50% of the cost greater than the most expensive public program.
• Section 3319: Authority to transfer unused education benefits to family members. Allows transfer of a veteran's unused benefits to 1) a spouse after six years of service with an agreement to serve at least four more years and/or 2) a child after ten years of service.
• Section 3321: Time limitation for use of and eligibility for entitlement. Veterans have 15 years (as measured under the provisions of this Section) to use their educational entitlement.
• Section 3322: Bar to duplication of educational assistance benefits. Veterans who receive educational benefits under this Act may not receive concurrent assistance under another similar program; instead, veterans must elect one program over another.
• Section 3324: Allocation of administration and costs. Besides addressing administrative items, this section also prescribes ways for veterans to choose to elect into this Act's program from the existing Montgomery G.I. Bill program.

Controversy

Although the bill is widely considered an important piece of legislation, some flaws in the new GI Bill have been noted. Specifically, the fact that service-members who participated in the $600 Buy-up option will no longer be compensated. The Buy-Up option allows active duty members to contribute up to $600 more toward their MGIB. For every dollar the service-member contributes, the federal government contributes $8. Those who contribute the maximum ($600) will receive $5,400 in additional funds, but not until after leaving active duty. The additional contribution must be made while still on active duty. There is no provision for how Buy-up contributions will be handled under the new GI Bill, and the Department of Veterans Affairs (VA) has stated that service members electing Chapter 33 benefits will not be able to collect the additional payment and no refund will be posted for the original $600.

Although the original Bill did not include National Guard state activation, effective October 1, 2011, the law was expanded to "include Active Service performed by National Guard members under title 32 U.S.C. for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or under section 502(f) for the purpose of responding to a national emergency." ^[8]

Legislative history

Senator Jim Webb (D-VA), a decorated Vietnam veteran and former Secretary of the Navy, originally introduced the Senate bill the day after he was sworn in (on January 5, 2007) as S. 22. A House companion bill was introduced by Representative Bobby Scott (D-VA). On September 12, 2007, the bill became a bipartisan initiative when Senator Olympia Snowe (R-ME) cosponsored the bill.

After earlier passing the House and Senate in different forms in May 2008 mainly with support from Democrats and a few Republicans, a bipartisan deal was brokered and the bill passed as an amendment to H.R. 2642, the FY08 Supplemental Appropriations Bill, commonly referred to as the War Funding Bill.

On June 19, 2008 the veteran education assistance benefits, along with 13-week unemployment benefit extension, passed as an amendment with a vote of 416-12.^[9] On June 26, the Senate voted 92-6 in favor of the final version of the bill.^[10] President George W. Bush signed H.R. 2642 into law on June 30, 2008.^[1]

Bill supporters

Prior to passage, the bill received support from many Nationwide Organizations such as The American Legion, AMVETS, Veterans of Foreign Wars (VFW), Iraq and Afghanistan Veterans of America (IAVA), the Disabled American Veterans (DAV), the Paralyzed Veterans of America (PVA), and the Student Veterans of America (SVA).

Bill opponents

Some Department of Defense officials, John McCain and President Bush had argued that the measures would hurt servicemember retention in a time when retention is critical for the military. A Congressional Budget Office report that had been cited by opponents states that retention will drop by 16%, while proponents counter that the same study predicts recruitment will be up by 16% due to the new incentives this bill would create. Senator Webb also pointed out that currently, "recent studies show that 70% of all enlisted members get out at or before their initial enlistment."

While President Bush had initially threatened to veto the bill, in early June 2008 the White House signaled he might be willing to sign it along with the National Defense Authorization Act for Fiscal Year 2009. He wanted to see transferability between spouses and dependents added onto the new G.I. Bill, making it more valuable to career military personnel that would like to pay for their spouse or child's education.^[11] On June 19, 2008 this provision was added to the war funding bill and President Bush indicated he would sign such a bill. This provision already existed with respect to the Montgomery GI Bill for regular servicemembers (the MGIB-AD).^[12]

Presidential candidates' positions

Among the bill's initial opponents was Republican presidential hopeful, Senator John McCain of Arizona, who had introduced a competing bill. Sen. McCain's bill would have increased the basic education benefit by the current G.I. Bill by almost $3,000 a year and added another $4,200 a year for service members who stayed in the military for at least 12 years.^[13] With the added transferability provisions for continued military service, Sen. McCain came to support the bill because it was changed to encourage additional service beyond three years, mitigating his earlier concerns.^[14] Sen. McCain, who had not voted in the Senate since April 8, was campaigning in Ohio on June 26 and was not present for the final senate vote on the bill. The only other senator not voting was Sen. Ted Kennedy, who was recovering after surgery to remove a brain tumor.^[15]

Then-United States Senator from Illinois and Democratic presidential hopeful Barack Obama, who had expressed early support for the Webb version of the veteran education benefits,^[14] voted for the final bill on June 26.^[16]

2008 U.S. Presidential campaign issue

In May 2008 the issue became a campaign issue with both candidates attacking the others' position.^[17]

During Senate debate on the bill, Senator Obama made the following comment:

Senator McCain responded in a written statement:

See also

• G.I. Bill

Notes

1. ^ In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10.[1] [2]

References

External links

• Official GI Bill Webpage - U.S. Department of Veterans Affairs
• GIBill2008.org
• Overview of the new GI Bill and FAQ
• Defenselink.mil article
• Post 9/11 GI Bill 2.0