[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5933 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5933

     To amend title 38, United States Code, to improve educational 
assistance for veterans who served in the Armed Forces after September 
                   11, 2001, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

   Mr. Minnick (for himself, Mr. Filner, Ms. Markey of Colorado, Mr. 
  Perriello, Mr. Childers, Mr. Murphy of New York, Mr. Loebsack, Ms. 
Norton, Mr. Kissell, Mr. Carney, Ms. Ginny Brown-Waite of Florida, Mr. 
 Bartlett, Mr. Courtney, Mr. Hall of New York, Mr. Costa, Mr. Latham, 
  Mr. Wilson of Ohio, Mr. Kratovil, and Mr. Ellsworth) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend title 38, United States Code, to improve educational 
assistance for veterans who served in the Armed Forces after September 
                   11, 2001, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Post-9/11 Veterans Educational 
Assistance Improvements Act of 2010''.

SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE.

    (a) Modification of Definitions That Concern Eligibility for 
Educational Assistance.--
            (1) Modification of definition of active duty with respect 
        to members of reserve components generally.--Paragraph (1)(B) 
        of section 3301 of title 38, United States Code, is amended by 
        striking ``of title 10.'' and inserting the following: ``of 
        title 10--
                            ``(i) for the purpose of organizing, 
                        administering, recruiting, instructing, or 
                        training the reserve components of the Armed 
                        Forces; or
                            ``(ii) in support of a contingency 
                        operation (as defined in section 101(a) of 
                        title 10).''.
            (2) Expansion of definition of active duty to include 
        service in national guard for certain purposes.--Paragraph (1) 
        of such section is amended by adding at the end the following 
        new subparagraph:
                    ``(C) In the case of a member of the Army National 
                Guard of the United States or Air National Guard of the 
                United States, in addition to service described in 
                subparagraph (B), full-time service--
                            ``(i) in the National Guard of a State for 
                        the purpose of organizing, administering, 
                        recruiting, instructing, or training the 
                        National Guard; or
                            ``(ii) in the National Guard under section 
                        502(f) of title 32 when authorized by the 
                        President or Secretary of Defense.''.
            (3) Expansion of definition of entry level and skill 
        training to include one station unit training.--Paragraph 
        (2)(A) of such section is amended by inserting ``or One Station 
        Unit Training'' before the period at the end.
    (b) Clarification of Applicability of Honorable Service Requirement 
for Certain Discharges and Releases From the Armed Forces as Basis for 
Entitlement to Educational Assistance.--Section 3311(c)(4) of such 
title is amended in the matter preceding subparagraph (A) by striking 
``A discharge or release from active duty in the Armed Forces'' and 
inserting ``A discharge or release from active duty in the Armed Forces 
after service on active duty in the Armed Forces characterized by the 
Secretary concerned as honorable service''.
    (c) Exclusion of Period of Service on Active Duty of Periods of 
Service in Connection With Attendance at the Coast Guard Academy.--
Section 3311(d)(2) of such title is amended by inserting ``or section 
182 of title 14'' before the period at the end.

SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND TYPES OF APPROVED 
              PROGRAMS OF EDUCATION.

    (a) Amount of Educational Assistance for Programs of Education 
Pursued on at Least a Half-Time Basis.--Section 3313 of title 38, 
United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking the subsection heading and 
                inserting the following: ``Programs of Education at 
                Institutions of Higher Learning Pursued on at Least a 
                Half-Time Basis.--'';
                    (B) in the matter preceding paragraph (1) by 
                inserting ``at an institution of higher learning (as 
                defined in section 3452(f) of this title)'' after 
                ``program of education''; and
                    (C) in paragraph (1), by amending subparagraph (A) 
                to read as follows:
                    ``(A) An amount equal to--
                            ``(i) in the case that such institution is 
                        a public institution of higher learning, the 
                        established charges for the program of 
                        education; and
                            ``(ii) in the case that such institution is 
                        a non-public or foreign institution of higher 
                        learning, the lesser of--
                                    ``(I) the established charges for 
                                the program of education; or
                                    ``(II) $20,000 for each academic 
                                year.''; and
            (2) by redesignating subsection (h) as subsection (i); and
            (3) by adding at the end the following new subsection:
    ``(h) Annual Increase in Certain Amounts.--
            ``(1) In general.--On August 1 of each year, the Secretary 
        shall provide an increase in the amount in effect under 
        subsection (c)(1)(A)(ii)(II) equal to the percentage by which--
                    ``(A) the average cost of undergraduate tuition in 
                the United States, as determined by the National Center 
                for Education Statistics, for the last academic year 
                preceding the beginning of the fiscal year for which 
                the increase is made, exceeds
                    ``(B) the average cost of undergraduate tuition in 
                the United States, as so determined, for the academic 
                year preceding the academic year described in 
                subparagraph (A).
            ``(2) Applicability.--Any increase under paragraph (1) 
        shall only apply to academic terms beginning on or after the 
        date on which the increase is made and shall be rounded to the 
        nearest whole dollar amount.''.
    (b) Amount of Educational Assistance for Programs of Education 
Pursued on Less Than a Half-Time Basis.--Subsection (f) of section 3313 
of title 38, United States Code, is amended--
            (1) by striking the subsection heading and inserting the 
        following: ``Programs of Education at Institutions of Higher 
        Learning Pursued on Less Than a Half-Time Basis.--'';
            (2) in paragraph (1), by striking ``on half-time basis or 
        less'' and inserting ``on less than a half-time basis'';
            (3) in paragraph (2), by striking ``on half-time basis or 
        less'' and inserting ``on less than a half-time basis''; and
            (4) in paragraph (3), by striking ``on half-time basis or 
        less'' and inserting ``on less than a half-time basis''.
    (c) Modification of Amount of Monthly Stipends, Including Stipends 
for Part-Time Study, Distance Learning, and Pursuit of Programs of 
Education at Foreign Institutions of Higher Learning.--Subparagraph (B) 
of section 3313(c)(1) of such title is amended--
            (1) by redesignating clause (ii) as clause (iv); and
            (2) by striking clause (i) and inserting the following new 
        clauses:
                            ``(i) Except as provided in clauses (ii) 
                        and (iii), for each month the individual 
                        pursues the program of education, a monthly 
                        housing stipend amount equal to the product 
                        of--
                                    ``(I) the monthly amount of the 
                                basic allowance for housing payable 
                                under section 403 of title 37 for a 
                                member with dependents in pay grade E-5 
                                residing in the military housing area 
                                that encompasses all or the majority 
                                portion of the ZIP code area in which 
                                is located the institution of higher 
                                learning at which the individual is 
                                enrolled, multiplied by
                                    ``(II) in the case of an individual 
                                enrolled in a program of education--
                                            ``(aa) on a full-time 
                                        basis, 100 percent;
                                            ``(bb) on a three-quarter-
                                        time basis, 75 percent; or
                                            ``(cc) on a half-time 
                                        basis, 50 percent.
                            ``(ii) In the case of an individual 
                        pursuing a program of education at a foreign 
                        institution of higher learning, for each month 
                        the individual pursues the program of 
                        education, a monthly housing stipend amount 
                        equal to the product of--
                                    ``(I) the national average of the 
                                monthly amount of the basic allowance 
                                for housing payable under section 403 
                                of title 37 for a member with 
                                dependents in pay grade E-5, multiplied 
                                by
                                    ``(II) in the case of an individual 
                                enrolled in a program of education--
                                            ``(aa) on a full-time 
                                        basis, 100 percent;
                                            ``(bb) on a three-quarter-
                                        time basis, 75 percent; or
                                            ``(cc) on a half-time 
                                        basis, 50 percent.
                            ``(iii) In the case of an individual 
                        pursuing a program of education through 
                        distance learning on a half-time basis or more, 
                        a monthly housing stipend amount in an amount 
                        equal to the monthly amount of the basic 
                        allowance for housing payable under section 403 
                        of title 37 for a member with dependents in pay 
                        grade E-5 residing in the military housing area 
                        that encompasses all or the majority portion of 
                        the ZIP code area in which the individual 
                        resides.''.
    (d) Educational Assistance for Approved Programs of Education at 
Institutions Other Than Institutions of Higher Learning.--
            (1) Approved programs of education at institutions other 
        than institutions of higher learning.--Subsection (b) of 
        section 3313 of such title is amended to read as follows:
    ``(b) Approved Programs of Education.--For purposes of this 
chapter, a program of education is an approved program of education for 
purposes of this chapter if the program of education is approved for 
purposes of chapter 30 of this title (including approval by the State 
approving agency concerned) and--
            ``(1) is offered by an institution offering postsecondary 
        level academic instruction that leads to an associate or higher 
        degree and such institution is an institution of higher 
        learning (as that term is defined in section 3452(f) of this 
        title); or
            ``(2) is offered by an institution offering instruction 
        that does not lead to an associate or higher degree and such 
        institution is an educational institution (as that term is 
        defined in section 3452(c) of this title).''.
            (2) Assistance for pursuit of programs of education at 
        institutions other than institutions of higher learning.--Such 
        section is further amended--
                    (A) by redesignating subsections (g), (h) (as added 
                by subsection (c)), and (i) (as redesignated by as 
                subsection(c)) as subsections (h), (i), and (j) 
                respectively; and
                    (B) by inserting after subsection (f) the following 
                new subsection (g):
    ``(g) Programs of Education Pursued at Institutions Other Than 
Institutions of Higher Learning.--
            ``(1) In general.--Educational assistance is payable under 
        this chapter for pursuit of an approved program of education at 
        an institution other than an institution of higher learning.
            ``(2) Amount of assistance.--The amounts of educational 
        assistance payable under this chapter to each individual 
        entitled to educational assistance under this chapter who is 
        pursuing an approved program of education at an institution 
        other than an institution of higher learning (as defined in 
        section 3452(f) of this title) are amounts as follows:
                    ``(A) In the case of an individual enrolled in a 
                program of education consisting of on-job training or a 
                program of apprenticeship, a stipend for each month the 
                individual pursues the program, as follows:
                            ``(i) For the first six-month period of the 
                        program, an amount equal to the monthly amount 
                        of the basic allowance for housing payable 
                        under section 403 of title 37 for a member with 
                        dependents in pay grade E-5 residing in the 
                        military housing area that encompasses all or 
                        the majority portion of the ZIP code area in 
                        which the employer is located.
                            ``(ii) For the second six-month period of 
                        the program, an amount equal to 80 percent of 
                        such amount.
                            ``(iii) For the third six-month period of 
                        the program, an amount equal to 60 percent of 
                        such amount.
                            ``(iv) For any month after the first 18 
                        months of such program, an amount equal to 40 
                        percent of such amount.
                    ``(B) In the case of an individual enrolled in a 
                program of education consisting of flight training, an 
                amount equal to the lesser of--
                            ``(i) the established charges for the 
                        program of education; or
                            ``(ii) 60 percent of the amount in effect 
                        under section 3313(c)(1)(A)(ii)(II) of this 
                        title.
                    ``(C) In the case of an individual enrolled in a 
                program of education that is pursued exclusively by 
                correspondence, an amount equal to the lesser of--
                            ``(i) the established charges for the 
                        program of education; or
                            ``(ii) 55 percent of the amount in effect 
                        under section 3313(c)(1)(A)(ii)(II) of this 
                        title.
            ``(3) Charge against entitlement.--The entitlement of an 
        individual to educational assistance under this chapter shall 
        be charged at the rate of one month for each month of 
        assistance provided under this subsection.''.
            (3) Conforming amendment.--Subsection (i) of such section 
        3313, as redesignated by paragraph (2) of this subsection, is 
        amended by striking ``(e)(2), and (f)(2)(A)'' and inserting 
        ``subsections (e)(2) and (f)(2)(A), and subparagraphs (A)(i), 
        (B), and (C), of subsection (g)(2)''.
    (e) Programs of Education Pursued on Active Duty.--
            (1) In general.--Subsection (e)(2) of such section is 
        amended--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
                    (B) in the matter preceding clause (i), as 
                redesignated by subparagraph (A)--
                            (i) by striking ``The amount'' and 
                        inserting ``The amounts''; and
                            (ii) by striking ``is the lesser of--'' and 
                        inserting ``are the amounts as follows:
                    ``(A) An amount equal to the lesser of--''; and
                    (C) by adding at the end the following new 
                subparagraph (B):
                    ``(B) For the first month of each quarter, 
                semester, or term, as applicable, of the program of 
                education pursued by the individual, a lump sum amount 
                for books, supplies, equipment, and other educational 
                costs with respect to such quarter, semester, or term 
                in the amount equal to--
                            ``(i) $1,000, multiplied by
                            ``(ii) the fraction which is the portion of 
                        a complete academic year under the program of 
                        education that such quarter, semester, or term 
                        constitutes.''.
            (2) Technical amendment.--Clause (ii) of subsection 
        (e)(2)(A) of such section, as redesignated by paragraph (1)(A) 
        of this subsection, is amended by adding a period at the end.

SEC. 4. MODIFICATION OF ASSISTANCE FOR LICENSURE AND CERTIFICATION 
              TESTS.

    (a) Repeal of Limitation on Number of Reimbursable Tests.--
Subsection (a) of section 3315 of title 38, United States Code, is 
amended by striking ``one licensing or certification test'' and 
inserting ``licensing or certification tests''.
    (b) Charge of Entitlement for Receipt of Assistance.--Such section 
is further amended by striking subsection (c) and inserting the 
following new subsection (c):
    ``(c) Charge Against Entitlement.--The charge against entitlement 
of an individual under this chapter for payment for a licensing or 
certification test under subsection (a) shall be charged for any amount 
of more than $2,000 at the rate of one month for each amount equal to 
the national average of the monthly amount of the basic allowance for 
housing payable under section 403 of title 37 for a member with 
dependents in pay grade E-5.''.

SEC. 5. TRANSFER OF ENTITLEMENT TO SUPPLEMENTAL EDUCATIONAL ASSISTANCE 
              TO POST-9/11 EDUCATIONAL ASSISTANCE.

    (a) In General.--Section 3316 of title 38, United States Code, is 
amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Transfer of Supplemental Educational Assistance.--
            ``(1) In general.--An individual entitled to supplemental 
        educational assistance under subchapter III of chapter 30 of 
        this title may transfer such entitlement to entitlement for 
        supplemental educational assistance under this section. Such 
        individual shall receive entitlement to one month of 
        supplemental educational assistance under this section for each 
        month of entitlement to supplemental educational assistance so 
        transferred.
            ``(2) Rate.--The monthly rate of supplemental educational 
        assistance payable to an individual who transfers entitlement 
        under paragraph (1) shall be payable at the same rate as such 
        entitlement would otherwise be payable to such individual under 
        subchapter III of chapter 30 of this title.
            ``(3) Nature of transferred entitlement.--An amount of 
        supplemental educational assistance transferred under paragraph 
        (1) shall be payable as an increase in the monthly amount of 
        educational assistance otherwise payable to the individual 
        under paragraph (1)(B) of section 3313(c) of this title, or 
        under paragraphs (2) through (7) of such section 3313(c) (as 
        applicable).''.
    (b) Clarification on Reimbursement of Increased or Supplemental 
Assistance.--Such section is further amended by inserting after 
subsection (c), as added by subsection (a)(2) of this section, the 
following new subsection (d):
    ``(d) Reimbursement.--Any expense incurred by the Secretary for the 
provision of increased assistance or supplemental assistance to an 
individual under this section shall be reimbursed by the Secretary 
concerned.''.

SEC. 6. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE UNDER NATIONAL 
              CALL TO SERVICE AND OTHER PROGRAMS OF EDUCATIONAL 
              ASSISTANCE.

    (a) Bar to Duplication of Educational Assistance Benefits.--Section 
3322(a) of title 38, United States Code, is amended by inserting ``or 
section 510'' after ``or 1607''.
    (b) Limitation on Concurrent Receipt of Educational Assistance.--
Section 3681(b)(2) of such title is amended by inserting ``and section 
510'' after ``and 107''.

SEC. 7. INCREASE IN AMOUNT OF REPORTING FEE.

    Section 3684(c) of title 38, United States Code, is amended--
            (1) by striking ``multiplying $7'' and inserting 
        ``multiplying $21''; and
            (2) by striking ``or $11'' and inserting ``or $25''.

SEC. 8. AMOUNT OF SUBSISTENCE ALLOWANCE FOR VETERANS WITH SERVICE-
              CONNECTED DISABILITIES.

    Section 3108(b) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(4) A veteran entitled to subsistence allowance under this 
chapter and educational assistance under chapter 33 of this title may 
elect to receive payment from the Secretary in lieu of an amount 
otherwise determined by the Secretary under this subsection in an 
amount equal to the national average of the monthly amount of basic 
allowance for housing payable under section 403 of title 37 for a 
member with dependents in pay grade E-5.''.

SEC. 9. PUBLIC-PRIVATE CONTRIBUTIONS FOR ADDITIONAL EDUCATIONAL 
              ASSISTANCE EXTENDED TO NATIONAL GUARD AND RESERVISTS.

    Section 3317(a) of title 38, United States Code, is amended by 
striking the last sentence.

SEC. 10. REAUTHORIZATION OF VETERANS' ADVISORY COMMITTEE ON EDUCATION.

    Section 3692(c) of title 38, United States Code, is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2016''.

SEC. 11. MODIFICATION TO MONTGOMERY G.I. BILL COST OF LIVING 
              ADJUSTMENTS.

    (a) In General.--Section 3015 of title 38, United States Code, is 
amended--
            (1) by striking subsection (h);
            (2) in subsection (a)(1), by striking ``rate of--'' and all 
        that follows through ``; or'' and inserting ``rate of $1368; 
        or''; and
            (3) in subsection (b)(1), by striking ``rate of--'' and all 
        that follows through ``; or'' and inserting ``rate of $1111; 
        or''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 12. EFFECTIVE DATE.

    Sections 1 through 10 of this Act shall take effect on August 1, 
2011.
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