[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6430 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6430

     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

                           November 18, 2010

 Mr. Minnick 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 Improvement 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.--
            (1) In general.--Section 3311(d)(2) of such title is 
        amended by inserting ``or section 182 of title 14'' before the 
        period at the end.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        apply with respect to a person who, as of the date of the 
        enactment of this Act, has not been issued a certificate of 
        eligibility by the Secretary of Veterans Affairs for purposes 
        of the educational assistance program under chapter 33 of title 
        38, United States Code.

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

    (a) Amount of Educational Assistance.--Section 3313 of title 38, 
United States Code, is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1) by 
                inserting ``at an institution of higher learning (as 
                defined in section 3452(f) of this title) not including 
                flight training, correspondence courses, apprenticeship 
                programs or on-job training'' after ``program of 
                education''; and
                    (B) 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 regularly charged in-State 
                        students for that 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) $17,300 for each academic 
                                year; or
                            ``(iii) for the period beginning on August 
                        1, 2011, and ending August 1, 2015, in the case 
                        of a program of education pursued by an 
                        eligible individual enrolled prior to August 1, 
                        2011, at a nonpublic institution of higher 
                        learning that is--
                                    ``(I) located in a State where the 
                                maximum 2010-11 tuition rate exceeded 
                                $700/credit hour; and
                                    ``(II) the annual amount of 
                                established charges for that academic 
                                year is greater than $17,300, the 
                                lesser of--
                                            ``(aa) the established 
                                        charges for the program of 
                                        education; or
                                            ``(bb) the amount of 
                                        established charges payable to 
                                        such eligible individual based 
                                        on the `Post-9/11 GI Bill 2010-
                                        2011 Tuition and Fee In-State 
                                        Maximums' as published in the 
                                        Federal Register on October 27, 
                                        2010.''; 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) 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) at a rate of pursuit 
                                        of 100 percent or greater, 100 
                                        percent;
                                            ``(bb) at a rate of pursuit 
                                        of 75 percent or greater, 75 
                                        percent; or
                                            ``(cc) at a rate of pursuit 
                                        of greater than 50 percent but 
                                        less than 75 percent, 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) at a rate of pursuit 
                                        of 100 percent or greater, 100 
                                        percent;
                                            ``(bb) at a rate of pursuit 
                                        of 75 percent or greater, 75 
                                        percent; or
                                            ``(cc) at a rate of pursuit 
                                        of greater than 50 percent but 
                                        less than 75 percent, 50 
                                        percent.
                            ``(iii) In the case of an individual 
                        pursuing a program of education through 
                        distance learning, a monthly housing stipend 
                        amount in an amount equal to the product of 50 
                        percent of 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--
                                    ``(I) in the case of an individual 
                                enrolled in a program of education at a 
                                rate of pursuit of 100 percent or 
                                greater, 100 percent;
                                    ``(II) in the case of an individual 
                                enrolled in a program of education at a 
                                rate of pursuit of 75 percent or 
                                greater, 75 percent; or
                                    ``(III) in the case of an 
                                individual enrolled in a program of 
                                education at a rate of pursuit of 
                                greater than 50 percent.''.
    (c) Approved Programs of Education at Institutions Other Than 
Institutions of Higher Learning.--Section 3313 of such title is 
amended--
            (1) by striking subsection (b) and inserting the following 
        new subsection (b):
    ``(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) by redesignating subsections (g), (h) (as added by 
        subsection (a)), and (i) (as redesignated by such subsection) 
        as subsections (h), (i), and (j) respectively; and
            (3) 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 
        consisting of a program of apprenticeship, other on-job 
        training, flight training, or correspondence courses.
            ``(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.
                    ``(D) In the case of an individual entitled to 
                educational assistance by reason of paragraphs (3) 
                through (8) of section 3311(b), the amounts payable to 
                the individual pursuant to 3313(g) shall be the amounts 
                otherwise determined pursuant to such subparagraphs 
                multiplied by the same percentage applicable to the 
                monthly amounts payable to the individual under 
                paragraphs (2) through (7) of subsection (c).
            ``(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.''.
            (4) 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)''.
    (d) 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, and by moving the 
                margins of such clauses, as so redesignated, 2 ems to 
                the right;
                    (B) in the matter preceding clause (i), as 
                redesignated by subparagraph (A)--
                            (i) by striking ``The amount'' and 
                        inserting ``The amounts''
                            (ii) by striking ``is the lesser of--'' and 
                        inserting ``are the amounts as follows:
                    ``(A) An amount equal to the lesser of--'';
                            (iii) in clause (ii), as redesignated by 
                        subparagraph (A), by inserting ``; or'' at the 
                        end; and
                            (iv) by adding at the end the following new 
                        clause (iii):
                            ``(iii) the amount of assistance payable to 
                        the individual under subsection (c)(1)(A).''; 
                        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. EFFECTIVE DATE FOR ANNUAL HOUSING STIPEND RATE DETERMINATIONS.

    Section 3313 of title 38, United States Code, as amended by section 
3, is further amended by adding at the end the following new 
subsection:
    ``(k) Determination of Housing Stipend Payments for Academic 
Years.--Any monthly housing stipend payable under this section during 
the academic year beginning on August 1 of a calendar year shall be 
determined using rates for basic allowances for housing payable under 
section 403 of title 37 in effect as of January 1 of such calendar 
year.''.

SEC. 5. 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 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. 6. ASSISTANCE FOR NATIONAL TESTS.

    (a) In General.--Chapter 33 of title 38, United States Code, is 
amended by inserting after section 3315 the following new section:
``Sec. 3315A. National tests
    ``(a) In General.--An individual entitled to educational assistance 
under this chapter shall also be entitled to educational assistance for 
the following:
            ``(1) A national test for admission to an institution of 
        higher learning as described in the last sentence of section 
        3452(b) of this title.
            ``(2) A national test providing an opportunity for course 
        credit at an institution of higher learning as described in 
        section 3452(f).
    ``(b) Amount.--The amount of educational assistance payable under 
this chapter for a test described in subsection (a) is the lesser of--
            ``(1) the fee charged for the test; or
            ``(2) the amount of entitlement available to the individual 
        under this chapter at the time of payment for the test under 
        this section.
    ``(c) Charge Against Entitlement.--The charge against entitlement 
of an individual under this chapter for payment for a national test 
under subsection (a) shall be charged 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
3515 the following new item:

``3315A. National tests.''.

SEC. 7. 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''.
    (c) Additional Requirements and Limitations.--Section 3322 of such 
title, as amended by subsection (a), is further amended by adding at 
the end the following new subsections:
    ``(e) Bar to Concurrent Receipt of Transferred Education Benefits 
and Marine Gunnery Sergeant John David Fry Scholarship Assistance.--An 
individual who is entitled to educational assistance under both 
sections 3311(b)(9) and 3319 of this title may not receive assistance 
under both provisions concurrently, but shall elect (in such form and 
manner as the Secretary may prescribe) under which provision to receive 
educational assistance.
    ``(f) Bar to Receipt of Compensation and Pension and Marine Gunnery 
Sergeant John David Fry Scholarship Assistance.--The commencement of a 
program of education under section 3311(b)(9) of this title shall be a 
bar to the following:
            ``(1) Subsequent payments of dependency and indemnity 
        compensation or pension based on the death of a parent to an 
        eligible person over the age of 18 years by reason of pursuing 
        a course in an educational institution.
            ``(2) Increased rates, or additional amounts, of 
        compensation, dependency and indemnity compensation, or pension 
        because of such a person, whether eligibility is based upon the 
        death of the parent.
    ``(g) Bar to Concurrent Receipt of Transferred Education 
Benefits.--A spouse or child who is entitled to educational assistance 
under this chapter based on a transfer of entitlement from more than 
one individual under section 3319 of this title may not receive 
assistance based on transfers from more than one such individual 
concurrently, but shall elect (in such form and manner as the Secretary 
may prescribe) under which source to utilize such assistance at any one 
time.
    ``(h) Bar to Duplication of Eligibility Based on a Single Event or 
Period of Service.--
            ``(1) Active-duty service.--An individual with qualifying 
        service in the Armed Forces that establishes eligibility on the 
        part of such individual for educational assistance under this 
        chapter, chapter 30 or 32 of this title, and chapter 1606 or 
        1607 of title 10, shall elect (in such form and manner as the 
        Secretary may prescribe) under which authority such service is 
        to be credited.
            ``(2) Eligibility for educational assistance based on 
        parent's service.--A child of a member of the Armed Forces who, 
        on or after September 11, 2001, dies in the line of duty while 
        serving on active duty, who is eligible for educational 
        assistance under either section 3311(b)(9) or chapter 35 of 
        this title by reason of the parent's death may not receive such 
        assistance under both this chapter and chapter 35 of this 
        title, but shall elect (in such form and manner as the 
        Secretary may prescribe) under which chapter to receive such 
        assistance.''.

SEC. 8. PAYMENT OF EDUCATIONAL ASSISTANCE OR SUBSISTENCE ALLOWANCES.

    Section 3680(a)(3)(B) of title 38, United States Code, is amended 
by striking ``Notwithstanding the foregoing'' and all that follows 
through the period at the end and inserting the following:
    ``Notwithstanding the foregoing, the Secretary may, subject to such 
regulations as the Secretary shall prescribe, continue to pay 
allowances to any eligible veteran or eligible person who is enrolled 
in a course at an educational institution during periods when the 
educational institution is temporarily closed under an established 
policy based on an Executive order of the President or due to an 
emergency situation. The total number of weeks for which allowances may 
continue to be so payable in any 12-month period may not exceed 4 
weeks.''.

SEC. 9. 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 $12''; and
            (2) by striking ``or $11'' and inserting ``or $15''.

SEC. 10. 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. 11. SUNSET OF BENEFITS.

    Title 38, United States Code, is amended by inserting the 
following:
``Sec. 3037. Sunset of benefits
    ``Education benefits under this chapter are limited to eligible 
individuals who enlisted or reenlisted before October 1, 2012.''.

SEC. 12. 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 $1426; 
        or''; and
            (3) in subsection (b)(1), by striking ``rate of--'' and all 
        that follows through ``; or'' and inserting ``rate of $1158; 
        or''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 13. EFFECTIVE DATE.

    Except as otherwise provided, sections 1 through 12 of this Act 
shall take effect on August 1, 2011.
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