Sponsors (7)
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Amends section 3301(1) by revising subparagraph (B) to specify qualifying service for members of the reserve components and by modifying subparagraph (C) to (A) change punctuation in clause (i) and (B) replace clause (ii) with new clauses adding (ii) service in the National Guard when performing full-time National Guard duty (as defined in title 32) and (iii) service in the National Guard when performing active duty (as defined in title 32).
Directs that section 3321(a) shall apply to entitlement to educational assistance acquired as a result of the amendments made by subsection (a) as if those amendments had been enacted immediately after the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110–252).
Expands Post-9/11 educational benefit eligibility by adding certain full‑time National Guard duty and specified Title 32 active‑duty service to the definition of qualifying service. The change takes effect one year after enactment and is applied retroactively to service on or after September 11, 2001, while standard time‑limit rules for using benefits are treated as if this change had been made right after the 2008 Post‑9/11 law.
Amends 38 U.S.C. 3301(1)(B) to define qualifying service for members of the reserve components to include: (i) service on active duty (as defined in 10 U.S.C. 101(d)), inactive-duty training (as defined in 10 U.S.C. 101(d)), or annual training duty; or (ii) service on active duty under a call or order to active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b, or 14 U.S.C. 3713, but excluding inactive-duty training and annual training duty.
Amends 38 U.S.C. 3301(1)(C) by adjusting clause (i) punctuation and replacing former clause (ii) with two new clauses that explicitly cover National Guard service: (ii) service in the National Guard when performing full-time National Guard duty (as defined in 32 U.S.C. 101); and (iii) service in the National Guard when performing active duty (as defined in 32 U.S.C. 101).
Sets the effective date for the amendments to be one year after the date of enactment of this Act.
Makes the amendments apply with respect to service performed on or after September 11, 2001.
Specifies that 38 U.S.C. 3321(a) (the time limitation for use of entitlement) applies to educational assistance entitlements acquired because of these amendments as if the amendments had been enacted immediately after the Post-9/11 Veterans Educational Assistance Act of 2008 (Public Law 110–252).
Who is affected and how:
Members of the National Guard: The most directly affected group. Members whose full‑time Guard duty previously did not count may now qualify for Post‑9/11 education benefits, potentially opening access to tuition, housing, and other GI Bill benefits.
Members of the reserve components: Reserve members who performed qualifying Title 32 active‑duty service may now have that service count toward Post‑9/11 entitlement, increasing the number who meet service thresholds.
Veterans and beneficiaries: Veterans and dependents who were previously ineligible because their service was not counted may become eligible. Dependents who rely on transferred benefits could also be affected if the service of the transferring sponsor is newly credited.
Department of Veterans Affairs and benefit administrators: Will need to revise eligibility rules, claims processing, record searches, and communications. Retroactive application back to 2001 could require substantial record review and casework.
Educational institutions and training providers: May see increased enrollment by students using Post‑9/11 benefits and will need to process GI Bill tuition and housing payments for additional beneficiaries.
Practical implications:
Retroactivity to 2001 could allow some individuals who thought they had exhausted or never had benefits to claim entitlements now; however, the statute treats time‑limit rules as if the change had been made earlier, which may limit or qualify some claimants' usable benefit window.
The change likely increases future VA expenditures (more beneficiaries or restored entitlements) though the single section does not appropriate funds; administrative costs for processing retroactive claims may be nontrivial.
Implementation will require clear guidance to beneficiaries about how the retroactive treatment and time limits affect eligibility and the remaining period to use benefits.
Expand sections to see detailed analysis
Read twice and referred to the Committee on Veterans' Affairs.
Introduced February 20, 2025 by Jerry Moran · Last progress February 20, 2025
Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 119-86.
Read twice and referred to the Committee on Veterans' Affairs.
Introduced in Senate