[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3447 Enrolled Bill (ENR)]
S.3447
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Post-9/11 Veterans
Educational Assistance Improvements Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
Sec. 3. Statutory Pay-As-You-Go Act compliance.
TITLE I--POST-9/11 VETERANS EDUCATIONAL ASSISTANCE
Sec. 101. Modification of entitlement to educational assistance.
Sec. 102. Amounts of assistance for programs of education leading to a
degree pursued at public, non-public, and foreign institutions
of higher learning.
Sec. 103. Amounts of assistance for programs of education leading to a
degree pursued on active duty.
Sec. 104. Educational assistance for programs of education pursued on
half-time basis or less.
Sec. 105. Educational assistance for programs of education other than
programs of education leading to a degree.
Sec. 106. Determination of monthly housing stipend payments for academic
years.
Sec. 107. Availability of assistance for licensure and certification
tests.
Sec. 108. National tests.
Sec. 109. Continuation of entitlement to additional educational
assistance for critical skills or specialty.
Sec. 110. Transfer of unused education benefits.
Sec. 111. Bar to duplication of certain educational assistance benefits.
Sec. 112. Technical amendments.
TITLE II--OTHER EDUCATIONAL ASSISTANCE MATTERS
Sec. 201. Extension of delimiting dates for use of educational
assistance by primary caregivers of seriously injured veterans
and members of the Armed Forces.
Sec. 202. Limitations on receipt of educational assistance under
National Call to Service and other programs of educational
assistance.
Sec. 203. Approval of courses.
Sec. 204. Reporting fees.
Sec. 205. Election for receipt of alternate subsistence allowance for
certain veterans with service-connected disabilities
undergoing training and rehabilitation.
Sec. 206. Modification of authority to make certain interval payments.
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC. 3. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE I--POST-9/11 VETERANS EDUCATIONAL ASSISTANCE
SEC. 101. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE.
(a) Modification of Definitions on Eligibility for Educational
Assistance.--
(1) Expansion of definition of active duty to include service
in national guard for certain purposes.--Paragraph (1) of section
3301 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 the Secretary
of Defense for the purpose of responding to a national
emergency declared by the President and supported by
Federal funds.''.
(2) Expansion of definition of army 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.
(3) Clarification of definition of entry level and skill
training for the coast guard.--Paragraph (2)(E) of such section is
amended by inserting ``and Skill Training (or so-called `A'
School)'' 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) 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 From Period of Service on Active Duty of Periods of
Service in Connection With Attendance at Coast Guard Academy.--Section
3311(d)(2) is amended by inserting ``or section 182 of title 14''
before the period at the end.
(d) Effective Dates.--
(1) Service in national guard as active duty.--The amendment
made by subsection (a)(1) shall take effect on August 1, 2009, as
if included in the enactment of chapter 33 of title 38, United
States Code, pursuant to the Post-9/11 Veterans Educational
Assistance Act of 2008 (title V of Public Law 110-252). However, no
benefits otherwise payable by reason of such amendment for the
period beginning on August 1, 2009, and ending on September 30,
2011, may be paid before October 1, 2011.
(2) One station unit training.--The amendment made by
subsection (a)(2) shall take effect on the date of the enactment of
this Act.
(3) Entry level and skill training for the coast guard.--The
amendment made by subsection (a)(3) shall take effect on the date
of the enactment of this Act, and shall apply with respect to
individuals entering service on or after that date.
(4) Honorable service requirement.--The amendment made by
subsection (b) shall take effect on the date of the enactment of
this Act, and shall apply with respect to discharges and releases
from the Armed Forces that occur on or after that date.
(5) Service in connection with attendance at coast guard
academy.--The amendment made by subsection (c) shall take effect on
the date of the enactment of this Act, and shall apply with respect
to individuals entering into agreements on service in the Coast
Guard on or after that date.
SEC. 102. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION LEADING
TO A DEGREE PURSUED AT PUBLIC, NON-PUBLIC, AND FOREIGN
INSTITUTIONS OF HIGHER LEARNING.
(a) Amounts of Educational Assistance.--
(1) In general.--Section 3313(c) is amended--
(A) in the matter preceding paragraph (1), by inserting
``leading to a degree at an institution of higher learning (as
that term is defined in section 3452(f))'' after ``program of
education''; and
(B) in paragraph (1), by striking subparagraph (A) and
inserting the following new subparagraph (A):
``(A) An amount equal to the following:
``(i) In the case of a program of education pursued at
a public institution of higher learning, the actual net
cost for in-State tuition and fees assessed by the
institution for the program of education after the
application of--
``(I) any waiver of, or reduction in, tuition and
fees; and
``(II) any scholarship, or other Federal, State,
institutional, or employer-based aid or assistance
(other than loans and any funds provided under section
401(b) of the Higher Education Act of 1965 (20 U.S.C.
1070a)) that is provided directly to the institution
and specifically designated for the sole purpose of
defraying tuition and fees.
``(ii) In the case of a program of education pursued at
a non-public or foreign institution of higher learning, the
lesser of--
``(I) the actual net cost for tuition and fees
assessed by the institution for the program of
education after the application of--
``(aa) any waiver of, or reduction in, tuition
and fees; and
``(bb) any scholarship, or other Federal,
State, institutional, or employer-based aid or
assistance (other than loans and any funds provided
under section 401(b) of the Higher Education Act of
1965) that is provided directly to the institution
and specifically designated for the sole purpose of
defraying tuition and fees; or
``(II) the amount equal to--
``(aa) for the academic year beginning on
August 1, 2011, $17,500; or
``(bb) for an academic year beginning on any
subsequent August 1, the amount for the previous
academic year beginning on August 1 under this
subclause, as increased by the percentage increase
equal to the most recent percentage increase
determined under section 3015(h).''.
(2) Conforming amendment.--The heading of such section is
amended to read as follows: ``Programs of Education Leading to a
Degree Pursued at Institutions of Higher Learning on More Than
Half-time Basis.--''.
(b) Amounts of Monthly Stipends.--Section 3313(c)(1)(B) 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 an individual pursues a program of education on
more than a half-time basis, a monthly housing stipend
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) the lesser of--
``(aa) 1.0; or
``(bb) the number of course hours borne by the
individual in pursuit of the program of education,
divided by the minimum number of course hours
required for full-time pursuit of the program of
education, rounded to the nearest multiple of 10.
``(ii) In the case of an individual pursuing a program
of education at a foreign institution of higher learning on
more than a half-time basis, for each month the individual
pursues the program of education, a monthly housing stipend
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) the lesser of--
``(aa) 1.0; or
``(bb) the number of course hours borne by the
individual in pursuit of the program of education,
divided by the minimum number of course hours
required for full-time pursuit of the program of
education, rounded to the nearest multiple of 10.
``(iii) In the case of an individual pursuing a program
of education solely through distance learning on more than
a half-time basis, a monthly housing stipend equal to 50
percent of the amount payable under clause (ii) if the
individual were otherwise entitled to a monthly housing
stipend under that clause for pursuit of the program of
education.''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on August 1,
2011, and shall apply with respect to amounts payable for
educational assistance for pursuit of programs of education on or
after that date.
(2) Stipend for distance learning on more than half-time
basis.--Clause (iii) of section 3313(c)(1)(B) of title 38, United
States Code (as added by subsection (b)(2) of this section), shall
take effect on October 1, 2011, and shall apply with respect to
amounts payable for educational assistance for pursuit of programs
of education as covered by such clause on or after that date.
SEC. 103. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION LEADING
TO A DEGREE PURSUED ON ACTIVE DUTY.
(a) In General.--Section 3313(e) is amended--
(1) in paragraphs (1), by inserting ``leading to a degree''
after ``approved program of education'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``leading to a degree'' after ``program of education'';
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (iii), respectively;
(C) in the matter preceding clause (i), as redesignated by
subparagraph (B) of this paragraph--
(i) by striking ``The amount'' and inserting ``The
amounts''; and
(ii) by striking ``is the lesser of--'' and inserting
``are as follows:
``(A) Subject to subparagraph (C), an amount equal to the
lesser of--'';
(D) by striking clause (i), as so redesignated, and
inserting the following new clauses:
``(i) in the case of a program of education pursued at
a public institution of higher learning, the actual net
cost for in-State tuition and fees assessed by the
institution for the program of education after the
application of--
``(I) any waiver of, or reduction in, tuition and
fees; and
``(II) any scholarship, or other Federal, State,
institutional, or employer-based aid or assistance
(other than loans and any funds provided under section
401(b) of the Higher Education Act of 1965 (20 U.S.C.
1070a)) that is provided directly to the institution
and specifically designated for the sole purpose of
defraying tuition and fees;
``(ii) in the case of a program of education pursued at
a non-public or foreign institution of higher learning, the
lesser of--
``(I) the actual net cost for tuition and fees
assessed by the institution for the program of
education after the application of--
``(aa) any waiver of, or reduction in, tuition
and fees; and
``(bb) any scholarship, or other Federal,
State, institutional, or employer-based aid or
assistance (other than loans and any funds provided
under section 401(b) of the Higher Education Act of
1965) that is provided directly to the institution
and specifically designated for the sole purpose of
defraying tuition and fees; or
``(II) the amount equal to--
``(aa) for the academic year beginning on
August 1, 2011, $17,500; or
``(bb) for an academic year beginning on any
subsequent August 1, the amount for the previous
academic year beginning on August 1 under this
subclause, as increased by the percentage increase
equal to the most recent percentage increase
determined under section 3015(h); or''.
(E) by adding at the end the following new subparagraphs
(B) and (C):
``(B) Subject to subparagraph (C), 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 of a complete academic year under
the program of education that such quarter, semester, or
term constitutes.
``(C) 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
subparagraphs (A)(i), (A)(ii), and (B) 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).''.
(b) Conforming Amendment.--The heading of such section is amended
to read as follows: ``Programs of Education Leading to a Degree Pursued
on Active Duty on More Than Half-time Basis.--''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date that
is 60 days after the date of the enactment of this Act, and shall
apply with respect to amounts payable for educational assistance
for pursuit of programs of education on or after such effective
date.
(2) Lump sum for books and other educational costs.--
Subparagraph (B) of section 3313(e)(2) of title 38, United States
Code (as added by subsection (a)(2)(E) of this section), shall take
effect on October 1, 2011, and shall apply with respect to amounts
payable for educational assistance for pursuit of programs of
education on or after that date.
SEC. 104. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF EDUCATION PURSUED
ON HALF-TIME BASIS OR LESS.
(a) Clarification of Availability of Assistance.--Section 3313(f)
is amended--
(1) in paragraph (1), by inserting before the period at the end
the following: ``whether a program of education pursued on active
duty, a program of education leading to a degree, or a program of
education other than a program of education leading to a degree'';
and
(2) in paragraph (2), by inserting ``covered by this
subsection'' after ``program of education'' in the matter preceding
subparagraph (A).
(b) Amount of Assistance.--Clause (i) of paragraph (2)(A) of such
section is amended to read as follows:
``(i) the actual net cost for in-State tuition and fees
assessed by the institution of higher learning for the
program of education after the application of--
``(I) any waiver of, or reduction in, tuition and
fees; and
``(II) any scholarship, or other Federal, State,
institutional, or employer-based aid or assistance
(other than loans and any funds provided under section
401(b) of the Higher Education Act of 1965 (20 U.S.C.
1070a)) that is provided directly to the institution
and specifically designated for the sole purpose of
defraying tuition and fees; or''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011, and shall apply with respect to amounts
payable for educational assistance for pursuit of programs of education
on or after that date.
SEC. 105. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF EDUCATION OTHER
THAN PROGRAMS OF EDUCATION LEADING TO A DEGREE.
(a) Approved Programs of Education at Institutions Other Than
Institutions of Higher Learning.--Subsection (b) of section 3313 is
amended by striking ``is offered by an institution of higher learning
(as that term is defined in section 3452(f)) and''.
(b) Assistance for Pursuit of Programs of Education Other Than
Programs of Education Leading to a Degree.--Such section is further
amended--
(1) by striking subsection (h);
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Programs of Education Other Than Programs of Education
Leading to a Degree.--
``(1) In general.--Educational assistance is payable under this
chapter for pursuit of an approved program of education other than
a program of education leading to a degree at an institution other
than an institution of higher learning (as that term is defined in
section 3452(f)).
``(2) Pursuit on half-time basis or less.--The payment of
educational assistance under this chapter for pursuit of a program
of education otherwise described in paragraph (1) on a half-time
basis or less is governed by subsection (f).
``(3) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual entitled to
educational assistance under this chapter who is pursuing an
approved program of education covered by this subsection are as
follows:
``(A) In the case of an individual enrolled in a program of
education (other than a program described in subparagraphs (B)
through (D)) in pursuit of a certificate or other non-college
degree, the following:
``(i) Subject to clause (iv), an amount equal to the
lesser of--
``(I) the actual net cost for in-State tuition and
fees assessed by the institution concerned for the
program of education after the application of--
``(aa) any waiver of, or reduction in, tuition
and fees; and
``(bb) any scholarship, or other Federal,
State, institutional, or employer-based aid or
assistance (other than loans and any funds provided
under section 401(b) of the Higher Education Act of
1965 (20 U.S.C. 1070a)) that is provided directly
to the institution and specifically designated for
the sole purpose of defraying tuition and fees; or
``(II) the amount equal to--
``(aa) for the academic year beginning on
August 1, 2011, $17,500; or
``(bb) for an academic year beginning on any
subsequent August 1, the amount for the previous
academic year beginning on August 1 under this
subclause, as increased by the percentage increase
equal to the most recent percentage increase
determined under section 3015(h).
``(ii) Except in the case of an individual pursuing a
program of education on a half-time or less basis and
subject to clause (iv), a monthly housing stipend equal to
the product--
``(I) of--
``(aa) in the case of an individual pursuing
resident training, 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 at
which the individual is enrolled; or
``(bb) in the case of an individual pursuing a
program of education through distance learning, a
monthly amount equal to 50 percent of the amount
payable under item (aa), multiplied by
``(II) the lesser of--
``(aa) 1.0; or
``(bb) the number of course hours borne by the
individual in pursuit of the program of education
involved, divided by the minimum number of course
hours required for full-time pursuit of such
program of education, rounded to the nearest
multiple of 10.
``(iii) Subject to clause (iv), a monthly stipend in an
amount equal to $83 for each month (or pro rata amount for
a partial month) of training pursued for books supplies,
equipment, and other educational costs.
``(iv) In the case of an individual entitled to
educational assistance by reason of paragraphs (3) through
(8) of section 3311(b), the amounts payable pursuant to
clauses (i), (ii), and (iii) shall be the amounts otherwise
determined pursuant to such clauses multiplied by the same
percentage applicable to the monthly amounts payable to the
individual under paragraphs (2) through (7) of subsection
(c).
``(B) In the case of an individual pursuing a full-time
program of apprenticeship or other on-job training, amounts as
follows:
``(i) Subject to clauses (iii) and (iv), for each month
the individual pursues the program of education, a monthly
housing stipend equal to--
``(I) during the first six-month period of the
program, 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 employer at which the individual pursues
such program;
``(II) during the second six-month period of the
program, 80 percent of the monthly amount of the basic
allowance for housing payable as described in subclause
(I);
``(III) during the third six-month period of the
program, 60 percent of the monthly amount of the basic
allowance for housing payable as described in subclause
(I);
``(IV) during the fourth six-month period of such
program, 40 percent of the monthly amount of the basic
allowance for housing payable as described in subclause
(I); and
``(V) during any month after the first 24 months of
such program, 20 percent of the monthly amount of the
basic allowance for housing payable as described in
subclause (I).
``(ii) Subject to clauses (iii) and (iv), a monthly
stipend in an amount equal to $83 for each month (or pro
rata amount for each partial month) of training pursued for
books supplies, equipment, and other educational costs.
``(iii) In the case of an individual entitled to
educational assistance by reason of paragraphs (3) through
(8) of sections 3311(b), the amounts payable pursuant to
clauses (i) and (ii) shall be the amounts otherwise
determined pursuant to such clauses multiplied by the same
percentage applicable to the monthly amounts payable to the
individual under paragraphs (2) through (7) of subsection
(c).
``(iv) In any month in which an individual pursuing a
program of education consisting of a program of
apprenticeship or other on-job training fails to complete
120 hours of training, the amount of monthly educational
assistance allowance payable under clauses (i) and (iii) to
the individual shall be limited to the same proportion of
the applicable rate determined under this subparagraph as
the number of hours worked during such month, rounded to
the nearest eight hours, bears to 120 hours.
``(C) In the case of an individual enrolled in a program of
education consisting of flight training (regardless of the
institution providing such program of education), an amount
equal to--
``(i) the lesser of--
``(I) the actual net cost for in-State tuition and
fees assessed by the institution concerned for the
program of education after the application of--
``(aa) any waiver of, or reduction in, tuition
and fees; and
``(bb) any scholarship, or other Federal,
State, institutional, or employer-based aid or
assistance (other than loans and any funds provided
under section 401(b) of the Higher Education Act of
1965) that is provided directly to the institution
and specifically designated for the sole purpose of
defraying tuition and fees; or
``(II) the amount equal to--
``(aa) for the academic year beginning on
August 1, 2011, $10,000; or
``(bb) for an academic year beginning on any
subsequent August 1, the amount for the previous
academic year beginning on August 1 under this
subclause, as increased by the percentage increase
equal to the most recent percentage increase
determined under section 3015(h), multiplied by--
``(ii) either--
``(I) in the case of an individual entitled to
educational assistance by reason of paragraphs (1),
(2), or (9) of section 3311(b), 100 percent; or
``(II) in the case of an individual entitled to
educational assistance by reason of paragraphs (3)
through (8) of section 3311(b), the same percentage as
would otherwise apply to the monthly amounts payable to
the individual under paragraphs (2) through (7) of
subsection (c).
``(D) In the case of an individual enrolled in a program of
education that is pursued exclusively by correspondence
(regardless of the institution providing such program of
education), an amount equal to--
``(i) the lesser of--
``(I) the actual net cost for tuition and fees
assessed by the institution concerned for the program
of education after the application of--
``(aa) any waiver of, or reduction in, tuition
and fees; and
``(bb) any scholarship, or other Federal,
State, institutional, or employer-based aid or
assistance (other than loans and any funds provided
under section 401(b) of the Higher Education Act of
1965) that is provided directly to the institution
and specifically designated for the sole purpose of
defraying tuition and fees.
``(II) the amount equal to--
``(aa) for the academic year beginning on
August 1, 2011, $8,500; or
``(bb) for an academic year beginning on any
subsequent August 1, the amount for the previous
academic year beginning on August 1 under this
subclause, as increased by the percentage increase
equal to the most recent percentage increase
determined under section 3015(h), multiplied by--
``(ii) either--
``(I) in the case of an individual entitled to
educational assistance by reason of paragraphs (1),
(2), or (9) of section 3311(b), 100 percent; or
``(II) in the case of an individual entitled to
educational assistance by reason of paragraphs (3)
through (8) of section 3311(b), the same percentage as
would otherwise apply to the monthly amounts payable to
the individual under paragraphs (2) through (7) of
subsection (c).
``(4) Frequency of payment.--
``(A) Quarter, semester, or term payments.--Payment of the
amounts payable under paragraph (3)(A)(i) for pursuit of a
program of education shall be made for the entire quarter,
semester, or term, as applicable, of the program of education.
``(B) Monthly payments.--Payment of the amounts payable
under paragraphs (3)(A)(ii) and (3)(B)(i) for pursuit of a
program of education shall be made on a monthly basis.
``(C) Lump sum payments.--
``(i) Payment for the amount payable under paragraphs
(3)(A)(iii) and (3)(B)(ii) shall be paid to the individual
for the first month of each quarter, semester, or term, as
applicable, of the program education pursued by the
individual.
``(ii) Payment of the amount payable under paragraph
(3)(C) for pursuit of a program of education shall be made
upon receipt of certification for training completed by the
individual and serviced by the training facility.
``(D) Quarterly payments.--Payment of the amounts payable
under paragraph (3)(D) for pursuit of a program of education
shall be made quarterly on a pro rata basis for the lessons
completed by the individual and serviced by the institution.
``(5) Charge against entitlement for certificate and other non-
college degree programs.--
``(A) In general.--In the case of amounts paid under
paragraph (3)(A)(i) for pursuit of a program of education, the
charge against entitlement to educational assistance under this
chapter of the individual for whom such payment is made shall
be one month for each of--
``(i) the amount so paid, divided by
``(ii) subject to subparagraph (B), the amount equal to
one-twelfth of the amount applicable in the academic year
in which the payment is made under paragraph (3)(A)(i)(II).
``(B) Pro rata adjustment based on certain eligibility.--If
the amount otherwise payable with respect to an individual
under paragraph (3)(A)(i) is subject to a percentage adjustment
under paragraph (3)(A)(iv), the amount applicable with respect
to the individual under subparagraph (A)(ii) shall be the
amount otherwise determined pursuant to such subparagraph
subject to a percentage adjustment equal to the percentage
adjustment applicable with respect to the individual under
paragraph (3)(A)(iv).''.
(c) Payment of Amounts to Educational Institutions.--Subsection (h)
of section 3313, as redesignated by subsection (b)(2) of this section,
is amended by inserting ``, and under subparagraphs (A)(i), (C), and
(D) of subsection (g)(3),'' after ``(f)(2)(A)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2011, and shall apply with respect to amounts
payable for educational assistance for pursuit of programs of education
on or after that date.
SEC. 106. DETERMINATION OF MONTHLY HOUSING STIPEND PAYMENTS FOR
ACADEMIC YEARS.
(a) In General.--Section 3313, as amended by this Act, is further
amended by adding at the end the following new subsection:
``(i) 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 utilizing rates for basic allowances for housing payable
under section 403 of title 37 in effect as of January 1 of such
calendar year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on August 1, 2011.
SEC. 107. AVAILABILITY OF ASSISTANCE FOR LICENSURE AND
CERTIFICATION TESTS.
(a) Availability of Assistance for Additional Tests.--Subsection
(a) of section 3315 is amended by striking ``one licensing or
certification test'' and inserting ``licensing or certification
tests''.
(b) Charge Against Entitlement for Receipt of Assistance.--
(1) In general.--Subsection (c) of such section is amended to
read as follows:
``(c) Charge Against Entitlement.--The charge against an
individual's entitlement under this chapter for payment for a licensing
or certification test shall be determined at the rate of one month
(rounded to the nearest whole month) for each amount paid that equals--
``(1) for the academic year beginning on August 1, 2011,
$1,460; or
``(2) for an academic year beginning on any subsequent August
1, the amount for the previous academic year beginning on August 1
under this subsection, as increased by the percentage increase
equal to the most recent percentage increase determined under
section 3015(h).''.
(2) Conforming amendments.--Subsection (b) of such section is
amended--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(3) the amount of entitlement available to the individual
under this chapter at the time of payment for the test under this
section.''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011, and shall apply with respect to licensure and
certification tests taken on or after that date.
SEC. 108. NATIONAL TESTS.
(a) National Tests.--
(1) In general.--Chapter 33 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).
``(2) A national test providing an opportunity for course
credit at an institution of higher learning as so described.
``(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 number of months of
entitlement charged an individual under this chapter for a test
described in subsection (a) shall be determined at the rate of one
month (rounded to the nearest whole month) for each amount paid that
equals--
``(1) for the academic year beginning on August 1, 2011,
$1,460; or
``(2) for an academic year beginning on any subsequent August
1, the amount for the previous academic year beginning on August 1
under this subsection, as increased by the percentage increase
equal to the most recent percentage increase determined under
section 3015(h).''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 33 is amended by inserting after the item relating to
section 3315 the following new item:
``3315A. National tests.''.
(b) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011, and shall apply with respect to national
tests taken on or after that date.
SEC. 109. CONTINUATION OF ENTITLEMENT TO ADDITIONAL EDUCATIONAL
ASSISTANCE FOR CRITICAL SKILLS OR SPECIALTY.
(a) In General.--Section 3316 is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Continuation of Increased Educational Assistance.--
``(1) In general.--An individual who made an election to
receive educational assistance under this chapter pursuant to
section 5003(c)(1)(A) of the Post-9/11 Veterans Educational
Assistance Act of 2008 (38 U.S.C. 3301 note) and who, at the time
of the election, was entitled to increased educational assistance
under section 3015(d) or section 16131(i) of title 10 shall remain
entitled to increased educational assistance in the utilization of
the individual's entitlement to educational assistance under this
chapter.
``(2) Rate.--The monthly rate of increased educational
assistance payable to an individual under paragraph (1) shall be--
``(A) the rate of educational assistance otherwise payable
to the individual under section 3015(d) or section 16131(i) of
title 10, as the case may be, had the individual not made the
election described in paragraph (1), multiplied by
``(B) the lesser of--
``(i) 1.0; or
``(ii) the number of course hours borne by the
individual in pursuit of the program of education involved
divided by the minimum number of course hours required for
full-time pursuit of the program of education, rounded to
the nearest multiple of 10.
``(3) Frequency of payment.--Payment of the amounts payable
under paragraph (1) during pursuit of a program of education shall
be made on a monthly basis.''.
(b) Clarification on Funding of Increased Assistance.--
(1) In general.--Such section is further amended by inserting
after subsection (c), as added by subsection (a)(2) of this
section, the following new subsection:
``(d) Funding.--Payments for increased educational assistance under
this section shall be made from the Department of Defense Education
Benefits Fund under section 2006 of title 10 or from appropriations
available to the Department of Homeland Security for that purpose, as
applicable.''.
(2) Conforming amendments.--Section 2006(b) of title 10, United
States Code, is amended--
(A) in paragraph (1), by inserting ``or 33'' after
``chapter 30''; and
(B) in paragraph (2), by adding at the end the following
new subparagraph:
``(E) The present value of any future benefits payable from
the Fund for amounts attributable to increased amounts of
educational assistance authorized by section 3316 of title
38.''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011.
SEC. 110. TRANSFER OF UNUSED EDUCATION BENEFITS.
(a) Availability of Transfer Authority for Members of PHS and
NOAA.--Section 3319 is amended--
(1) by striking ``Armed Forces'' each place it appears (other
than in subsection (a)) and inserting ``uniformed services''; and
(2) by striking subsection (k).
(b) Scope and Exercise of Authority.--Subsection (a) of such
section is amended--
(1) by striking ``Subject to the provisions of this section,''
and all that follows through ``to permit'' and inserting ``(1)
Subject to the provisions of this section, the Secretary concerned
may permit''; and
(2) by adding at the end the following new paragraph:
``(2) The purpose of the authority in paragraph (1) is to promote
recruitment and retention in the uniformed services. The Secretary
concerned may exercise the authority for that purpose when authorized
by the Secretary of Defense in the national security interests of the
United States.''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011.
SEC. 111. BAR TO DUPLICATION OF CERTAIN EDUCATIONAL ASSISTANCE
BENEFITS.
(a) Bar To Concurrent Receipt of Transferred Education Benefits and
Marine Gunnery Sergeant John David Fry Scholarship Assistance.--Section
3322 is amended by adding at the end the following new subsection:
``(e) Bar To Concurrent Receipt of Transferred Education Benefits
and Marine Gunnery Sergeant John David Fry Scholarship Assistance.--An
individual entitled to educational assistance under both sections
3311(b)(9) and 3319 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.''.
(b) Bar To Receipt of Compensation and Pension and Marine Gunnery
Sergeant John David Fry Scholarship Assistance.--Such section is
further amended by adding at the end the following new subsection:
``(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) 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.''.
(c) Bar To Concurrent Receipt of Transferred Education Benefits.--
Such section is further amended by adding at the end the following new
subsection:
``(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 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.''.
(d) Bar To Duplication of Eligibility Based on a Single Event.--
Such section is further amended by adding at the end the following new
subsection:
``(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 based on 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.''.
(e) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011.
SEC. 112. TECHNICAL AMENDMENTS.
(a) Section 3313.--Section 3313 is amended--
(1) by striking ``higher education'' each place it appears and
inserting ``higher learning''; and
(2) in clause (iii) of subparagraph (A) of subsection (e)(2),
as redesignated by section 103(a)(2) of this Act, by adding a
period at the end.
(b) Section 3319.--Section 3319(b)(2) is amended by striking ``to
section (k)'' and inserting ``to subsection (j)''.
(c) Section 3323.--Section 3323(a) is amended by striking ``section
3034(a)(1)'' and inserting ``sections 3034(a)(1) and 3680(c)''.
TITLE II--OTHER EDUCATIONAL ASSISTANCE MATTERS
SEC. 201. EXTENSION OF DELIMITING DATES FOR USE OF EDUCATIONAL
ASSISTANCE BY PRIMARY CAREGIVERS OF SERIOUSLY INJURED VETERANS
AND MEMBERS OF THE ARMED FORCES.
(a) All-volunteer Force Educational Assistance.--Subsection (d) of
section 3031 is amended to read as follows:
``(d)(1) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing the
individual's chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise
applicable under this section because of a physical or mental
disability which is not the result of the individual's own willful
misconduct, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on the first day after the
individual's recovery from such disability on which it is
reasonably feasible, as determined under regulations prescribed by
the Secretary, for the individual to initiate or resume pursuit of
a program of education with educational assistance under this
chapter.
``(2)(A) Subject to subparagraph (B), in the case of an individual
eligible for educational assistance under this chapter who is prevented
from pursuing the individual's chosen program of education before the
expiration of the 10-year period for the use of entitlement under this
chapter otherwise applicable under this section by reason of acting as
the primary provider of personal care services for a veteran or member
of the Armed Forces under section 1720G(a) of this title, such 10-year
period--
``(i) shall not run during the period the individual is so
prevented from pursuing such program; and
``(ii) shall again begin running on the first day after the
date of the recovery of the veteran or member from the injury, or
the date on which the individual ceases to be the primary provider
of personal care services for the veteran or member, whichever is
earlier, on which it is reasonably feasible, as so determined, for
the individual to initiate or resume pursuit of a program of
education with educational assistance under this chapter.
``(B) Subparagraph (A) shall not apply with respect to the period
of an individual as a primary provider of personal care services if the
period concludes with the revocation of the individual's designation as
such a primary provider under section 1720G(a)(7)(D) of this title.''.
(b) Certain Transferees of Post-9/11 Educational Assistance.--
Paragraph (5) of section 3319(h) is amended to read as follows:
``(5) Limitation on age of use by child transferees.--
``(A) In general.--A child to whom entitlement is
transferred under this section may use the benefits transferred
without regard to the 15-year delimiting date specified in
section 3321, but may not, except as provided in subparagraph
(B), use any benefits so transferred after attaining the age of
26 years.
``(B) Primary caregivers of seriously injured members of
the armed forces and veterans.--
``(i) In general.--Subject to clause (ii), in the case
of a child who, before attaining the age of 26 years, is
prevented from pursuing a chosen program of education by
reason of acting as the primary provider of personal care
services for a veteran or member of the Armed Forces under
section 1720G(a), the child may use the benefits beginning
on the date specified in clause (iii) for a period whose
length is specified in clause (iv).
``(ii) Inapplicability for revocation.--Clause (i)
shall not apply with respect to the period of an individual
as a primary provider of personal care services if the
period concludes with the revocation of the individual's
designation as such a primary provider under section
1720G(a)(7)(D).
``(iii) Date for commencement of use.--The date
specified in this clause for the beginning of the use of
benefits by a child under clause (i) is the later of--
``(I) the date on which the child ceases acting as
the primary provider of personal care services for the
veteran or member concerned as described in clause (i);
``(II) the date on which it is reasonably feasible,
as determined under regulations prescribed by the
Secretary, for the child to initiate or resume the use
of benefits; or
``(III) the date on which the child attains the age
of 26 years.
``(iv) Length of use.--The length of the period
specified in this clause for the use of benefits by a child
under clause (i) is the length equal to the length of the
period that--
``(I) begins on the date on which the child begins
acting as the primary provider of personal care
services for the veteran or member concerned as
described in clause (i); and
``(II) ends on the later of--
``(aa) the date on which the child ceases
acting as the primary provider of personal care
services for the veteran or member as described in
clause (i); or
``(bb) the date on which it is reasonably
feasible, as so determined, for the child to
initiate or resume the use of benefits.''.
(c) Survivors' and Dependents' Educational Assistance.--Subsection
(c) of section 3512 is amended to read as follows:
``(c)(1) Notwithstanding subsection (a) and subject to paragraph
(2), an eligible person may be afforded educational assistance beyond
the age limitation applicable to the person under such subsection if--
``(A) the person suspends pursuit of such person's program of
education after having enrolled in such program within the time
period applicable to such person under such subsection;
``(B) the person is unable to complete such program after the
period of suspension and before attaining the age limitation
applicable to the person under such subsection; and
``(C) the Secretary finds that the suspension was due to either
of the following:
``(i) The actions of the person as the primary provider of
personal care services for a veteran or member of the Armed
Forces under section 1720G(a) of this title.
``(ii) Conditions otherwise beyond the control of the
person.
``(2) Paragraph (1) shall not apply with respect to the period of
an individual as a primary provider of personal care services if the
period concludes with the revocation of the individual's designation as
such a primary provider under section 1720G(a)(7)(D) of this title.
``(3) Educational assistance may not be afforded a person under
paragraph (1) after the earlier of--
``(A) the age limitation applicable to the person under
subsection (a), plus a period of time equal to the period the
person was required to suspend pursuit of the person's program of
education as described in paragraph (1); or
``(B) the date of the person's thirty-first birthday.''.
(d) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011, and shall apply with respect to preventions
and suspension of pursuit of programs of education that commence on or
after that date.
SEC. 202. 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) is amended by inserting ``or section 510'' after ``or 1607''.
(b) Limitation on Concurrent Receipt of Educational Assistance.--
Section 3681(b)(2) is amended by inserting ``and section 510'' after
``and 107''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011.
SEC. 203. APPROVAL OF COURSES.
(a) Constructive Approval of Certain Courses.--
(1) In general.--Section 3672(b) is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new paragraph:
``(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684,
and 3696 of this title, the following programs are deemed to be
approved for purposes of this chapter:
``(i) An accredited standard college degree program offered at
a public or not-for-profit proprietary educational institution that
is accredited by an agency or association recognized for that
purpose by the Secretary of Education.
``(ii) A flight training course approved by the Federal
Aviation Administration that is offered by a certified pilot school
that possesses a valid Federal Aviation Administration pilot school
certificate.
``(iii) An apprenticeship program registered with the Office of
Apprenticeship (OA) of the Employment Training Administration of
the Department of Labor or a State apprenticeship agency recognized
by the Office of Apprenticeship pursuant to the Act of August 16,
1937 (popularly known as the `National Apprenticeship Act'; 29
U.S.C. 50 et seq.).
``(iv) A program leading to a secondary school diploma offered
by a secondary school approved in the State in which it is
operating.
``(B) A licensure test offered by a Federal, State, or local
government is deemed to be approved for purposes of this chapter.''.
(2) Conforming amendments.--
(A) Paragraph (3) of section 3034(d) is amended to read as
follows:
``(3) the flight school courses are approved by the Federal
Aviation Administration and are offered by a certified pilot school
that possesses a valid Federal Aviation Administration pilot school
certificate.''.
(B) Section 3671(b)(2) is amended by striking ``In the
case'' and inserting ``Except as otherwise provided in this
chapter, in the case''.
(C) Section 3689(a)(1) is amended by inserting after
``unless'' the following: ``the test is deemed approved by
section 3672(b)(2)(B) of this title or''.
(b) Use of State Approving Agencies for Compliance and Oversight
Activities.--Section 3673 is amended by adding at the end the following
new subsection:
``(d) Use of State Approving Agencies for Compliance and Oversight
Activities.--The Secretary may utilize the services of a State
approving agency for such compliance and oversight purposes as the
Secretary considers appropriate without regard to whether the Secretary
or the agency approved the courses offered in the State concerned.''.
(c) Approval of Accredited Courses.--
(1) In general.--Subsection (a)(1) of section 3675 is amended
by striking ``A State approving agency may approve the courses
offered by an educational institution'' and inserting ``The
Secretary or a State approving agency may approve accredited
programs (including non-degree accredited programs) offered by
proprietary for-profit educational institutions''.
(2) Condition of approval.--Subsection (b) of such section is
amended--
(A) in the matter preceding paragraph (1), by inserting
``the Secretary or'' after ``this section,''; and
(B) is amended by inserting ``the Secretary or'' after ``as
prescribed by''.
(d) Disapproval of Courses.--Section 3679(a) is amended by
inserting ``the Secretary or'' after ``disapproved by'' both places it
appears.
(e) Effective Date.--The amendments made by this section shall take
effect on August 1, 2011.
SEC. 204. REPORTING FEES.
(a) Increase in Amount of Fees.--Section 3684(c) is amended--
(1) by striking ``multiplying $7'' and inserting ``multiplying
$12''; and
(2) by striking ``or $11'' and inserting ``or $15''.
(b) Use of Fees Paid.--Such section is further amended by inserting
after the fourth sentence the following new sentence: ``Any reporting
fee paid an educational institution or joint apprenticeship training
committee after the date of the enactment of the Post-9/11 Veterans
Educational Assistance Improvements Act of 2011 shall be utilized by
such institution or committee solely for the making of certifications
required under this chapter or chapter 31, 34, or 35 of this title or
for otherwise supporting programs for veterans.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2011.
SEC. 205. ELECTION FOR RECEIPT OF ALTERNATE SUBSISTENCE ALLOWANCE
FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES
UNDERGOING TRAINING AND REHABILITATION.
(a) Election Authorized.--Section 3108(b) is amended by adding at
the end the following new paragraph:
``(4) A veteran entitled to a 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 applicable monthly amount of 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 providing rehabilitation program
concerned.''.
(b) Effective Date.--The amendment made by this section shall take
effect on August 1, 2011.
SEC. 206. MODIFICATION OF AUTHORITY TO MAKE CERTAIN INTERVAL
PAYMENTS.
(a) In General.--The flush matter following clause (3)(B) of
section 3680(a) is amended by striking ``of this subsection--'' and all
that follows and inserting ``of this subsection during periods when
schools are temporarily closed under an established policy based on an
Executive order of the President or due to an emergency situation.
However, the total number of weeks for which allowances may continue to
be so payable in any 12-month period may not exceed 4 weeks.''.
(b) Effective Date.--The amendment made by this section shall take
effect on August 1, 2011.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.