[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3447 Reported in Senate (RS)]
Calendar No. 638
111th CONGRESS
2d Session
S. 3447
[Report No. 111-346]
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 (for himself, Mr. Begich, Ms. Stabenow, Mr. Udall of New
Mexico, Mr. Webb, Mrs. Murray, Ms. Snowe, Mr. Merkley, Mr. Tester, Mr.
Lautenberg, Mrs. McCaskill, Mr. Burr, Mr. Inouye, Mr. Sanders, Mr.
Bennet, Mr. Burris, Mr. Wyden, Mr. Baucus, Mr. Johnson, Mr. Dodd, Mr.
Schumer, Mr. Kaufman, Mr. Rockefeller, Ms. Landrieu, Mrs. Gillibrand,
Mrs. Boxer, Ms. Murkowski, and Mrs. Lincoln) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
October 26 (legislative day, October 1), 2010
Reported under authority of the order of the Senate of September 29,
2010, by Mr. Akaka, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Post-9/11 Veterans
Educational Assistance Improvements Act of 2010''.</DELETED>
<DELETED>SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE.</DELETED>
<DELETED> (a) Modification of Definitions That Concern Eligibility
for Educational Assistance.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(i) for the purpose of
organizing, administering, recruiting,
instructing, or training the reserve components
of the Armed Forces; or</DELETED>
<DELETED> ``(ii) in support of a contingency
operation (as defined in section 101(a) of
title 10).''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(i) in the National Guard of a
State for the purpose of organizing,
administering, recruiting, instructing, or
training the National Guard; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND TYPES OF
APPROVED PROGRAMS OF EDUCATION.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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.--'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) in paragraph (1), by amending subparagraph (A)
to read as follows:</DELETED>
<DELETED> ``(A) An amount equal to--</DELETED>
<DELETED> ``(i) in the case that such
institution is a public institution of higher
learning, the established charges for the
program of education; and</DELETED>
<DELETED> ``(ii) in the case that such
institution is a non-public or foreign
institution of higher learning, the lesser of--
</DELETED>
<DELETED> ``(I) the established
charges for the program of education;
or</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) by redesignating clause (ii) as clause (iv);
and</DELETED>
<DELETED> (2) by striking clause (i) and inserting the
following new clauses:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the lesser of one
or the quotient of--</DELETED>
<DELETED> ``(aa) the number
of course hours borne by the
individual in pursuit of the
program of education involved,
divided by</DELETED>
<DELETED> ``(bb) the minimum
number of course hours required
for full-time pursuit of such
program of education.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the lesser of one
or the quotient of--</DELETED>
<DELETED> ``(aa) the number
of course hours borne by the
individual in pursuit of the
program of education involved,
divided by</DELETED>
<DELETED> ``(bb) the minimum
number of course hours required
for full-time pursuit of such
program of education.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Educational Assistance for Approved Programs of
Education at Institutions Other Than Institutions of Higher Learning.--
</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (2) Assistance for pursuit of programs of
education at institutions other than institutions of higher
learning.--Such section is further amended--</DELETED>
<DELETED> (A) by redesignating subsections (g) and
(h) as subsections (h) and (i), respectively;
and</DELETED>
<DELETED> (B) by inserting after subsection (f) the
following new subsection (g):</DELETED>
<DELETED> ``(g) Programs of Education Pursued at Institutions Other
Than Institutions of Higher Learning.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) The lesser of--</DELETED>
<DELETED> ``(I) the established
charges for the program of education;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) For each month the
individual pursues the program--</DELETED>
<DELETED> ``(I) in the first six-
month period of the program, an amount
equal to 75 percent of
</DELETED>\<DELETED>1/12</DELETED>\
<DELETED>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;</DELETED>
<DELETED> ``(II) in the second six-
month period of the program, an amount
equal to 55 percent of
</DELETED>\<DELETED>1/12</DELETED>\
<DELETED>of the amount of such average;
and</DELETED>
<DELETED> ``(III) in any month after
the first 12 months of such program, an
amount equal to 35 percent of
</DELETED>\<DELETED>1/12</DELETED>\
<DELETED>of the amount of such
average.</DELETED>
<DELETED> ``(ii) A monthly stipend in an
amount equal to the lesser of--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) In the case of an individual
enrolled in a program of education consisting of flight
training, an amount equal to the lesser of--</DELETED>
<DELETED> ``(i) the established charges for
the program of education; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the established charges for
the program of education; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (d) Programs of Education Pursued on Active Duty.--
</DELETED>
<DELETED> (1) In general.--Subsection (e)(2) of such section
is amended--</DELETED>
<DELETED> (A) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;</DELETED>
<DELETED> (B) in the matter preceding clause (i), as
redesignated by subparagraph (A)--</DELETED>
<DELETED> (i) by striking ``The amount'' and
inserting ``The amounts''; and</DELETED>
<DELETED> (ii) by striking ``is the lesser
of--'' and inserting ``are the amounts as
follows:</DELETED>
<DELETED> ``(A) An amount equal to the lesser of--
''; and</DELETED>
<DELETED> (C) by adding at the end the following new
subparagraph (B):</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) $1,000, multiplied
by</DELETED>
<DELETED> ``(ii) the fraction which is the
portion of a complete academic year under the
program of education that such quarter,
semester, or term constitutes.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. MODIFICATION OF ASSISTANCE FOR LICENSURE AND
CERTIFICATION TESTS.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Charge of Entitlement for Receipt of Assistance.--Such
section is further amended by striking subsection (c) and inserting the
following new subsection (c):</DELETED>
<DELETED> ``(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
</DELETED>\<DELETED>1/12</DELETED>\ <DELETED>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.''.</DELETED>
<DELETED>SEC. 5. TRANSFER OF ENTITLEMENT TO SUPPLEMENTAL EDUCATIONAL
ASSISTANCE TO POST-9/11 EDUCATIONAL ASSISTANCE.</DELETED>
<DELETED> (a) In General.--Section 3316 of title 38, United States
Code, is amended--</DELETED>
<DELETED> (1) by redesignating subsection (c) as subsection
(e); and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following new subsection (c):</DELETED>
<DELETED> ``(c) Transfer of Supplemental Educational Assistance.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (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):</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 6. TRANSFER OF UNUSED EDUCATION BENEFITS TO FAMILY
MEMBERS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by redesignating paragraph (7) as paragraph
(8); and</DELETED>
<DELETED> (2) by inserting after paragraph (6) the following
new paragraph (7):</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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):</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Technical Correction.--Subsection (b)(2) of such
section is amended by striking ``to section (k)'' and inserting ``to
subsection (j)''.</DELETED>
<DELETED>SEC. 7. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE UNDER
NATIONAL CALL TO SERVICE AND OTHER PROGRAMS OF
EDUCATIONAL ASSISTANCE.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 8. APPROVAL OF PROGRAMS OF EDUCATION CONSISTING OF
DISTANCE LEARNING.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 9. INCREASE IN AMOUNT OF REPORTING FEE.</DELETED>
<DELETED> Section 3684(c) of title 38, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``multiplying $7'' and inserting
``multiplying $12''; and</DELETED>
<DELETED> (2) by striking ``or $11'' and inserting ``or
$15''.</DELETED>
<DELETED>SEC. 10. AMOUNT OF SUBSISTENCE ALLOWANCE FOR VETERANS WITH
SERVICE-CONNECTED DISABILITIES.</DELETED>
<DELETED> Section 3108(b) of title 38, United States Code, is
amended by adding at the end the following new paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 11. REPEAL OF AUTHORITY TO MAKE CERTAIN INTERVAL
PAYMENTS.</DELETED>
<DELETED> Section 3680(a) of title 38, United States Code, is
amended after the flush matter--</DELETED>
<DELETED> (1) in subparagraph (A), by adding ``or'' at the
end;</DELETED>
<DELETED> (2) in subparagraph (B), by striking ``; or'' and
inserting a period; and</DELETED>
<DELETED> (3) by striking subparagraph (C).</DELETED>
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.
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.
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).
(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, $20,000; 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).''.
(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 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. 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) 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;
``(ii) the amount equal to--
``(I) for the academic year
beginning on August 1, 2011, $20,000;
or
``(II) for an academic year
beginning on any subsequent August 1,
the amount for the previous academic
year beginning on August 1 under this
clause, 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 Date.--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 as
educational assistance for individuals who commence pursuit of programs
of education on or after such effective 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, $20,000; 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).
``(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, $12,000; 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, $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).
``(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 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. 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,
$1,667; 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,
$1,667; 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 August 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.
Calendar No. 638
111th CONGRESS
2d Session
S. 3447
[Report No. 111-346]
_______________________________________________________________________
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.
_______________________________________________________________________
October 26 (legislative day, October 1), 2010
Reported with an amendment