Statutory Provisions & Regulatory Language

(1) Post-9/11 Veterans Educational Assistance Act of 2008

(2) "Yellow Ribbon G.I. Education Enhancement Program"

(3) Cross-references mentioned in "Yellow Ribbon G.I. Bill Education Enhancement Program"

(4) Regulations

(1)  “Post-9-11 Veterans Educational Assistance Act of 2008.”  

 Statutory Language – Public Law 110-252, the Fiscal Year 2008 Supplemental Appropriations Act.  It was signed into law on June 30, 2008.  Title V of this legislation is the “Post-9-11 Veterans Educational Assistance Act of 2008.”  This title provides a significant expansion of the GI Bill.  (See pages 35-64.)

(2)  “Yellow Ribbon G.I. Education Enhancement Program”.  (more)  

Title V also includes the “Yellow Ribbon G.I. Education Enhancement Program”. 

Statutory Language – Yellow Ribbon Program 

Sec. 3317. Public-private contributions for additional educational assistance  

(a) Establishment of Program- In instances where the educational assistance provided pursuant to section 3313(c)(1)(A) does not cover the full cost of established charges (as specified in section 3313), the Secretary shall carry out a program under which colleges and universities can, voluntarily, enter into an agreement with the Secretary to cover a portion of those established charges not otherwise covered under section 3313(c)(1)(A), which contributions shall be matched by equivalent contributions toward such costs by the Secretary. The program shall only apply to covered individuals described in paragraphs (1) and (2) of section 3311(b).  

(b) Designation of Program- The program under this section shall be known as the “Yellow Ribbon G.I. Education Enhancement Program”.  

(c) Agreements- The Secretary shall enter into an agreement with each college or university seeking to participate in the program under this section. Each agreement shall specify the following: 

         (1) The manner (whether by direct grant, scholarship, or otherwise) of the contributions to be made by the college or university concerned.  
         (2) The maximum amount of the contribution to be made by the college or university concerned with respect to any particular individual in any given academic year.
         (3) The maximum number of individuals for whom the college or university concerned will make contributions in any given academic year.
         (4) Such other matters as the Secretary and the college or university concerned jointly consider appropriate.  

(d) Matching Contributions-

         (1) IN GENERAL- In instances where the educational assistance provided an individual under section 3313(c)(1)(A) does not cover the full cost of tuition and mandatory fees at a college or university, the Secretary shall provide up to 50 percent of the remaining costs for tuition and mandatory fees if the college or university voluntarily enters into an agreement with the Secretary to match an equal percentage of any of the remaining costs for such tuition and fees.
         (2) USE OF APPROPRIATED FUNDS- Amounts available to the Secretary under section 3324(b) for payment of the costs of this chapter shall be available to the Secretary for purposes of paragraph (1).  

 (e) Outreach- The Secretary shall make available on the Internet website of the Department available to the public a current list of the colleges and universities participating in the program under this section. The list shall specify, for each college or university so listed, appropriate information on the agreement between the Secretary and such college or university under subsection (c).

(3)  Cross-references mentioned in “Yellow Ribbon G.I. Education Enhancement  Program.” 

(1)  “ . . . assistance provided pursuant to section 3313(c)(1)(A)” 

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

  (c) Amount of Educational Assistance- The amounts payable under this subsection for pursuit of an approved program of education are amounts as follows:
         (1) In the case of an individual entitled to educational assistance under this chapter by reason of section 3311(b)(1) or 3311(b)(2), amounts as follows:
             (A) An amount equal to the established charges for the program of education, except that the amount payable under this subparagraph may not exceed the maximum amount of established charges regularly charged in-State students for full-time pursuit of approved programs of education for undergraduates by the public institution of higher education offering approved programs of education for undergraduates in the State in which the individual is enrolled that has the highest rate of regularly-charged established charges for such programs of education among all public institutions of higher education in such State offering such programs of education. . . .

 (2)  “ . . . established charges (as specified in section 3313)”

   (a) . . . the amounts specified in subsection (c) to meet the expenses of such individual's subsistence, tuition, fees, and other educational costs for pursuit of such program of education.

 (3)  “The program shall only apply to covered individuals described in paragraphs (1) and (2) of section 3311(b).”

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

    (b) Covered Individuals- An individual described in this subsection is any individual as follows:

(1) An individual who--
    (A) commencing on or after September 11, 2001, serves an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training); and
    (B) after completion of service described in subparagraph (A)--
        (i) continues on active duty; or
        (ii) is discharged or released from active duty as described in subsection (c). 
(2) An individual who-- 
     (A) commencing on or after September 11, 2001, serves at least 30 continuous days on active duty in the Armed Forces; and 
     (B) after completion of service described in subparagraph (A), is discharged or released from active duty in the Armed Forces for a service-connected disability. 

(4)  “Amounts available to the Secretary under section 3324(b) for payment of the costs of this chapter shall be available to the Secretary for purposes of paragraph (1).” 

Sec. 3324. Allocation of administration and costs
         . . .    

(b) Costs- Payments for entitlement to educational assistance earned under this chapter shall be made from funds appropriated to, or otherwise made available to, the Department for the payment of readjustment benefits.
            . . . 
(d) Effective Date- This section and the amendments made by this section shall take effect on August 1, 2009.

 (4) REGULATIONS 

Final Regulations published 3/31/2009 (in pdf)

Proposed Rules published on 12/23/08. Also available in pdf.

NAICU submitted comments on the proposed regulations implementing the new post-9/11 GI Bill program. Click here for the comment letter in pdf.