1.This Act may be cited as the
Post-9/11 Veterans Educational
Assistance Improvements Act of 2010
.
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 generallyParagraph (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 purposesParagraph (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 TrainingParagraph (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 assistanceSection
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
AcademySection 3311(d)(2) of
such title is amended by inserting or section 182 of title 14
before the period at the end.
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 learningSection
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 learningSubparagraph (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 learningSubsection (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
learningSuch 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)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)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 entitlementThe 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)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)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)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.
4.Modification of assistance for licensure
and certification tests
(a)Repeal of limitation on number of
reimbursable testsSubsection
(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
assistanceSuch section is
further amended by striking subsection (c) and inserting the following new
subsection (c):
(c)Charge against entitlementThe 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.
.
5.Transfer of entitlement to supplemental
educational assistance to Post-9/11 Educational Assistance
(a)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)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)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
entitlementAn 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 assistanceSuch section is further amended by
inserting after subsection (c), as added by subsection (a)(2) of this section,
the following new subsection (d):
(d)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.
.
6.Transfer of unused education benefits to
family members
(a)Administration of transfers of entitlement
by individuals no longer members of the Armed ForcesSection 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 ForcesThe 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
AdministrationSection 3319
of such title is amended by striking subsection (k).
(c)Reimbursement of expenses of Secretary of
Veterans Affairs by Secretary concernedSuch 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 concernedAny 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)Subsection (b)(2) of such section is
amended by striking to section (k)
and inserting to
subsection (j)
.
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 benefitsSection
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 assistanceSection 3681(b)(2) of such title is amended
by inserting and section 510
after and
107
.
8.Approval of programs of education
consisting of distance learning
(a)Nonaccredited courses pursued by distance
learningSection 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 learningSection 3680A(a)(4) of such title is
amended by inserting or distance learning
after
independent study
each place it appears.
(c)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 definedIn 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).
9.Increase in amount of reporting
feeSection 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
.
10.Amount of subsistence allowance for
veterans with service-connected disabilitiesSection 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.
.
11.Repeal of authority to make certain
interval paymentsSection
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).