[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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