[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3447 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3447
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 SENATE OF THE UNITED STATES
May 27 (legislative day, May 26), 2010
Mr. Akaka introduced the following bill; which was read twice and
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; and
``(ii) in the National Guard under section
502(f) of title 32 when authorized by the
President or Secretary of Defense for the
purpose of responding to a national emergency
declared by the President and supported by
Federal funds.''.
(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 at Public, Non-Public, and Foreign Institutions of Higher
Learning.--Section 3313(c) 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 at More Than Half-Time Basis.--'';
(2) 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
(3) 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) the amount of the average of
the established charges at all
institutions of higher learning in the
United States for a program of
education leading to a baccalaureate
degree as determined by the National
Center for Education Statistics of the
Department of Education for the most
recent academic year.''.
(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) the lesser of one or the
quotient of--
``(aa) the number of course
hours borne by the individual
in pursuit of the program of
education involved, divided by
``(bb) the minimum number
of course hours required for
full-time pursuit of such
program of education.
``(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) the lesser of one or the
quotient of--
``(aa) the number of course
hours borne by the individual
in pursuit of the program of
education involved, divided by
``(bb) the minimum number
of course hours required for
full-time pursuit of such
program of education.
``(iii) In the case of an individual
pursuing a program of education through
distance learning on more than a half-time
basis, a monthly housing stipend amount in an
amount 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) 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 by striking ``is offered
by an institution of higher learning (as that term is defined
in section 3452(f)) and''.
(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) and (h) as
subsections (h) and (i), 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 (other than a program described in
subparagraphs (B) through (D)) in pursuit of a
certificate or other non-college degree, amounts as
follows:
``(i) The lesser of--
``(I) the established charges for
the program of education; or
``(II) the amount of the average of
the established charges at all
institutions of higher learning in the
United States for a program of
education leading to a baccalaureate
degree as determined by the National
Center for Education Statistics of the
Department of Education for the most
recent academic year.
``(ii) A monthly stipend 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 is located the
institution at which the individual is
enrolled.
``(B) In the case of an individual enrolled in a
program of education consisting of on-job training or a
program of apprenticeship, amounts as follows:
``(i) For each month the individual pursues
the program--
``(I) in the first six-month period
of the program, an amount equal to 75
percent of \1/12\ of the amount of the
average of the established charges at
all institutions of higher learning in
the United States for a program of
education leading to a baccalaureate
degree as determined by the National
Center for Education Statistics of the
Department of Education for the most
recent academic year;
``(II) in the second six-month
period of the program, an amount equal
to 55 percent of \1/12\ of the amount
of such average; and
``(III) in any month after the
first 12 months of such program, an
amount equal to 35 percent of \1/12\ of
the amount of such average.
``(ii) A monthly stipend in an amount equal
to the lesser 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 employer at which the
individual pursues such program; or
``(II) 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.
``(C) 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 of the
average of the established charges at all
institutions of higher learning in the United
States for a program of education leading to a
baccalaureate degree as determined by the
National Center for Education Statistics of the
Department of Education for the most recent
academic year.
``(D) 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 of the
average of the established charges at all
institutions of higher learning in the United
States for a program of education leading to a
baccalaureate degree as determined by the
National Center for Education Statistics of the
Department of Education for the most recent
academic year.
``(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 (h) 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)(i), (C), and (D) 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;
(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 at the rate of
one month for each amount equal to \1/12\ of the amount of the average
of the established charges at all institutions of higher learning in
the United States for a program of education leading to a baccalaureate
degree as determined by the National Center for Education Statistics of
the Department of Education for the most recent academic year.''.
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. TRANSFER OF UNUSED EDUCATION BENEFITS TO FAMILY MEMBERS.
(a) Administration of Transfers of Entitlement by Individuals No
Longer Members of the Armed Forces.--Section 3319(h) of title 38,
United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) Administration for individuals no longer members of
the armed forces.--The Secretary of Defense shall administer
the provisions of this section with respect to individuals who
are discharged or released from the Armed Forces, including the
making of any determinations of eligibility of such individuals
for transfers of entitlement under this section and the
processing of applications to transfer, modify, or revoke
entitlement under this section.''.
(b) Applicability of Entitlement Authority to Members of Public
Health Service and National Oceanic and Atmospheric Administration.--
Section 3319 of such title is amended by striking subsection (k).
(c) Reimbursement of Expenses of Secretary of Veterans Affairs by
Secretary Concerned.--Such section is further amended by adding at the
end the following new subsection (k):
``(k) Reimbursement of Expenses of Secretary of Veterans Affairs by
Secretary Concerned.--Any expense incurred by the Secretary for the
provision of educational assistance under subsection (a) to a dependent
described in such subsection shall be reimbursed by the Secretary
concerned.''.
(d) Technical Correction.--Subsection (b)(2) of such section is
amended by striking ``to section (k)'' and inserting ``to subsection
(j)''.
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''.
SEC. 8. APPROVAL OF PROGRAMS OF EDUCATION CONSISTING OF DISTANCE
LEARNING.
(a) Nonaccredited Courses Pursued by Distance Learning.--Section
3676(e) of title 38, United States Code, is amended by inserting ``or
distance learning'' after ``independent study''.
(b) Disapproval of Enrollment in Nonaccredited Courses of Distance
Learning.--Section 3680A(a)(4) of such title is amended by inserting
``or distance learning'' after ``independent study'' each place it
appears.
(c) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations under section 3323(c) of such title for the
administration and approval of programs of education that consist of
distance learning.
(d) Distance Learning Defined.--In this section, the term
``distance learning'' has the meaning given the term ``distance
education'' in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
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 may elect to receive payment from the Secretary, in lieu of an
amount otherwise determined by the Secretary under this subsection, 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. REPEAL OF AUTHORITY TO MAKE CERTAIN INTERVAL PAYMENTS.
Section 3680(a) of title 38, United States Code, is amended after
the flush matter--
(1) in subparagraph (A), by adding ``or'' at the end;
(2) in subparagraph (B), by striking ``; or'' and inserting
a period; and
(3) by striking subparagraph (C).
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