[Congressional Record Volume 156, Number 82 (Thursday, May 27, 2010)]
[Senate]
[Pages S4547-S4550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 3447. 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; to the Committee on 
Veterans' Affairs.
  Mr. AKAKA. Mr. President, I am introducing today the proposed Post-9/
11 Veterans Educational Assistance Improvements Act of 2010. This 
measure is designed to make a number of modifications to the new 
program of educational assistance which became effective on August 1, 
2009.
  As one of three remaining Senators who benefited from the original GI 
Bill

[[Page S4548]]

following World War II, I know firsthand the value of an education and 
of the critical role that this important veterans benefit played in my 
life. That was why I was especially pleased to join with the 
distinguished Senator from Virginia, Mr. Webb, in achieving enactment 
of the new Post-9/11 GI Bill in 2008.
  Now, with ten months of experience under the new program, I believe 
it is time to look at what improvements and modifications need to be 
made in order for the program to reach its potential. I note at the 
outset that this will not be a simple process. Nor will it be quickly 
and easily accomplished. There are issues that we can readily see need 
to be addressed. There are others, however, that are only just now 
coming to our attention as the program is implemented and veterans, 
servicemembers, and their families begin to receive benefits under the 
program.
  I will highlight some of the provisions that are contained in the 
bill I am introducing today:
  It would make members of the National Guard and Reserve programs who 
were inadvertently omitted from inclusion fully eligible for benefits.
  It would make all types of training--including vocational programs, 
OJT and apprenticeship training, flight, all types of non-college 
degree training and more--eligible for benefits under the new program. 
By doing this, individuals would not need to make an irreversible 
decision as to whether or not to receive benefits under the old 
Montgomery GI Bill or under the new program.
  It would eliminate the complicated, confusing and, in some cases, 
inequitable calculation of State-by-State tuition and fee caps to 
determine benefits for individuals enrolled in degree programs. 
Basically, it would provide that eligible individuals enrolled in 
degree-granting programs of study at public institutions anywhere in 
the United States would pay little, if any, out of pocket costs for 
their education. For students enrolled in other institutions of higher 
learning, benefits would be paid based on a national average cost of 
education which would be indexed and increased annually.
  It would provide for a modified living allowance to be paid in the 
case of an individual pursuing a program of education solely through 
distance learning. Individuals who currently are studying through a 
combination of distance and classroom training would continue to 
receive benefits as they do now.
  It would make a book allowance award of up to $1,000 available to 
individuals enrolled while on active duty and their spouses.
  It would allow individuals enrolled in VA's program of rehabilitation 
and training under chapter 31 of title 38 who also have eligibility for 
the new chapter 33 program to elect the program from which to receive 
their subsistence allowance. This would mean that a service-connected 
disabled OEF/OIF veteran would not need to elect to training under the 
new GI Bill and forego the valuable counseling and support services 
available under chapter 31 in order to receive an increased living 
allowance.
  It would modify the manner in which the living allowance is 
calculated to reflect the rate at which training is pursued.
  It would ensure that the same period of active duty cannot be used to 
establish eligibility for more than one program of education.
  This is not a complete recitation of all the provisions contained in 
the measure I am introducing today. In addition, I do not expect that 
every provision of the measure will necessarily be supported by all the 
stakeholders involved in this important issue. Indeed, I imagine there 
could be some who will be critical of some provisions in the proposal 
and will come forward to offer improvements and modifications.
  What my measure is intended to do, is to serve as a starting point to 
move forward in this important yet very complicated and complex 
endeavor. I strongly believe that whatever is done in this connection 
must not be done in a piecemeal manner. We need a full and deliberative 
consideration of all the issues in order to craft the best possible 
approach to delivering these important benefits to our Nation's 
veterans and those who are serving in uniform.
  I look forward to working with all our colleagues and others on these 
issues in the days ahead. As I noted, this will not be done quickly or 
easily but this measure will serve as a focus for our discussions and 
decisions.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3447

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Post-9/11 Veterans 
     Educational Assistance Improvements Act of 2010''.

     SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL 
                   ASSISTANCE.

       (a) Modification of Definitions That Concern Eligibility 
     for Educational Assistance.--
       (1) Modification of definition of active duty with respect 
     to members of reserve components generally.--Paragraph (1)(B) 
     of section 3301 of title 38, United States Code, is amended 
     by striking ``of title 10.'' and inserting the following: 
     ``of title 10--
       ``(i) for the purpose of organizing, administering, 
     recruiting, instructing, or training the reserve components 
     of the Armed Forces; or
       ``(ii) in support of a contingency operation (as defined in 
     section 101(a) of title 10).''.
       (2) Expansion of definition of active duty to include 
     service in national guard for certain purposes.--Paragraph 
     (1) of such section is amended by adding at the end the 
     following new subparagraph:
       ``(C) In the case of a member of the Army National Guard of 
     the United States or Air National Guard of the United States, 
     in addition to service described in subparagraph (B), full-
     time service--
       ``(i) in the National Guard of a State for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the National Guard; and
       ``(ii) in the National Guard under section 502(f) of title 
     32 when authorized by the President or Secretary of Defense 
     for the purpose of responding to a national emergency 
     declared by the President and supported by Federal funds.''; 
     and
       (3) Expansion of definition of entry level and skill 
     training to include one station unit training.--Paragraph 
     (2)(A) of such section is amended by inserting ``or One 
     Station Unit Training'' before the period at the end.
       (b) Clarification of Applicability of Honorable Service 
     Requirement for Certain Discharges and Releases From the

[[Page S4549]]

     Armed Forces as Basis for Entitlement to Educational 
     Assistance.--Section 3311(c)(4) of such title is amended in 
     the matter preceding subparagraph (A) by striking ``A 
     discharge or release from active duty in the Armed Forces'' 
     and inserting ``A discharge or release from active duty in 
     the Armed Forces after service on active duty in the Armed 
     Forces characterized by the Secretary concerned as honorable 
     service''.
       (c) Exclusion of Period of Service on Active Duty of 
     Periods of Service in Connection With Attendance at the Coast 
     Guard Academy.--Section 3311(d)(2) of such title is amended 
     by inserting ``or section 182 of title 14'' before the period 
     at the end.

     SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND TYPES OF 
                   APPROVED PROGRAMS OF EDUCATION.

       (a) Amount of Educational Assistance for Programs of 
     Education Pursued at Public, Non-public, and Foreign 
     Institutions of Higher Learning.--Section 3313(c) of title 
     38, United States Code, is amended--
       (1) by striking the subsection heading and inserting the 
     following: ``Programs of Education at Institutions of Higher 
     Learning Pursued at More Than Half-time Basis.--'';
       (2) in the matter preceding paragraph (1) by inserting ``at 
     an institution of higher learning (as defined in section 
     3452(f) of this title)'' after ``program of education''; and
       (3) in paragraph (1), by amending subparagraph (A) to read 
     as follows:
       ``(A) An amount equal to--
       ``(i) in the case that such institution is a public 
     institution of higher learning, the established charges for 
     the program of education; and
       ``(ii) in the case that such institution is a non-public or 
     foreign institution of higher learning, the lesser of--

       ``(I) the established charges for the program of education; 
     or
       ``(II) the amount of the average of the established charges 
     at all institutions of higher learning in the United States 
     for a program of education leading to a baccalaureate degree 
     as determined by the National Center for Education Statistics 
     of the Department of Education for the most recent academic 
     year.''.

       (b) Modification of Amount of Monthly Stipends, Including 
     Stipends for Part-time Study, Distance Learning, and Pursuit 
     of Programs of Education at Foreign Institutions of Higher 
     Learning.--Subparagraph (B) of section 3313(c)(1) of such 
     title is amended--
       (1) by redesignating clause (ii) as clause (iv); and
       (2) by striking clause (i) and inserting the following new 
     clauses:
       ``(i) Except as provided in clauses (ii) and (iii), for 
     each month the individual pursues the program of education, a 
     monthly housing stipend amount equal to the product of--

       ``(I) the monthly amount of the basic allowance for housing 
     payable under section 403 of title 37 for a member with 
     dependents in pay grade E-5 residing in the military housing 
     area that encompasses all or the majority portion of the ZIP 
     code area in which is located the institution of higher 
     learning at which the individual is enrolled, multiplied by
       ``(II) the lesser of one or the quotient of--

       ``(aa) the number of course hours borne by the individual 
     in pursuit of the program of education involved, divided by
       ``(bb) the minimum number of course hours required for 
     full-time pursuit of such program of education.
       ``(ii) In the case of an individual pursuing a program of 
     education at a foreign institution of higher learning, for 
     each month the individual pursues the program of education, a 
     monthly housing stipend amount equal to the product of--

       ``(I) the national average of the monthly amount of the 
     basic allowance for housing payable under section 403 of 
     title 37 for a member with dependents in pay grade E-5, 
     multiplied by
       ``(II) the lesser of one or the quotient of--

       ``(aa) the number of course hours borne by the individual 
     in pursuit of the program of education involved, divided by
       ``(bb) the minimum number of course hours required for 
     full-time pursuit of such program of education.
       ``(iii) In the case of an individual pursuing a program of 
     education through distance learning on more than a half-time 
     basis, a monthly housing stipend amount in an amount equal to 
     50 percent of the amount payable under clause (ii) if the 
     individual were otherwise entitled to a monthly housing 
     stipend under that clause for pursuit of the program of 
     education.''.
       (c) Educational Assistance for Approved Programs of 
     Education at Institutions Other Than Institutions of Higher 
     Learning.--
       (1) Approved programs of education at institutions other 
     than institutions of higher learning.--Subsection (b) of 
     section 3313 of such title is amended by striking ``is 
     offered by an institution of higher learning (as that term is 
     defined in section 3452(f)) and''.
       (2) Assistance for pursuit of programs of education at 
     institutions other than institutions of higher learning.--
     Such section is further amended--
       (A) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (B) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Programs of Education Pursued at Institutions Other 
     Than Institutions of Higher Learning.--
       ``(1) In general.--Educational assistance is payable under 
     this chapter for pursuit of an approved program of education 
     at an institution other than an institution of higher 
     learning.
       ``(2) Amount of assistance.--The amounts of educational 
     assistance payable under this chapter to each individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education at an institution 
     other than an institution of higher learning (as defined in 
     section 3452(f) of this title) are amounts as follows:
       ``(A) In the case of an individual enrolled in a program of 
     education (other than a program described in subparagraphs 
     (B) through (D)) in pursuit of a certificate or other non-
     college degree, amounts as follows:
       ``(i) The lesser of--

       ``(I) the established charges for the program of education; 
     or
       ``(II) the amount of the average of the established charges 
     at all institutions of higher learning in the United States 
     for a program of education leading to a baccalaureate degree 
     as determined by the National Center for Education Statistics 
     of the Department of Education for the most recent academic 
     year.

       ``(ii) A monthly stipend in an amount equal to the monthly 
     amount of the basic allowance for housing payable under 
     section 403 of title 37 for a member with dependents in pay 
     grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the institution at which the individual 
     is enrolled.
       ``(B) In the case of an individual enrolled in a program of 
     education consisting of on-job training or a program of 
     apprenticeship, amounts as follows:
       ``(i) For each month the individual pursues the program--

       ``(I) in the first six-month period of the program, an 
     amount equal to 75 percent of 1/12 of the amount of the 
     average of the established charges at all institutions of 
     higher learning in the United States for a program of 
     education leading to a baccalaureate degree as determined by 
     the National Center for Education Statistics of the 
     Department of Education for the most recent academic year;
       ``(II) in the second six-month period of the program, an 
     amount equal to 55 percent of 1/12 of the amount of such 
     average; and
       ``(III) in any month after the first 12 months of such 
     program, an amount equal to 35 percent of 1/12 of the amount 
     of such average.

       ``(ii) A monthly stipend in an amount equal to the lesser 
     of--

       ``(I) the monthly amount of the basic allowance for housing 
     payable under section 403 of title 37 for a member with 
     dependents in pay grade E-5 residing in the military housing 
     area that encompasses all or the majority portion of the ZIP 
     code area in which is located the employer at which the 
     individual pursues such program; or
       ``(II) the national average of the monthly amount of the 
     basic allowance for housing payable under section 403 of 
     title 37 for a member with dependents in pay grade E-5.

       ``(C) In the case of an individual enrolled in a program of 
     education consisting of flight training, an amount equal to 
     the lesser of--
       ``(i) the established charges for the program of education; 
     or
       ``(ii) 60 percent of the amount of the average of the 
     established charges at all institutions of higher learning in 
     the United States for a program of education leading to a 
     baccalaureate degree as determined by the National Center for 
     Education Statistics of the Department of Education for the 
     most recent academic year.
       ``(D) In the case of an individual enrolled in a program of 
     education that is pursued exclusively by correspondence, an 
     amount equal to the lesser of--
       ``(i) the established charges for the program of education; 
     or
       ``(ii) 55 percent of the amount of the average of the 
     established charges at all institutions of higher learning in 
     the United States for a program of education leading to a 
     baccalaureate degree as determined by the National Center for 
     Education Statistics of the Department of Education for the 
     most recent academic year.
       ``(3) Charge against entitlement.--The entitlement of an 
     individual to educational assistance under this chapter shall 
     be charged at the rate of one month for each month of 
     assistance provided under this subsection.''.
       (3) Conforming amendment.--Subsection (h) of such section 
     3313, as redesignated by paragraph (2) of this subsection, is 
     amended by striking ``(e)(2), and (f)(2)(A)'' and inserting 
     ``subsections (e)(2) and (f)(2)(A), and subparagraphs (A)(i), 
     (B)(i), (C), and (D) of subsection (g)(2)''.
       (d) Programs of Education Pursued on Active Duty.--
       (1) In general.--Subsection (e)(2) of such section is 
     amended--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (B) in the matter preceding clause (i), as redesignated by 
     subparagraph (A)--
       (i) by striking ``The amount'' and inserting ``The 
     amounts''; and
       (ii) by striking ``is the lesser of--'' and inserting ``are 
     the amounts as follows:
       ``(A) An amount equal to the lesser of--''; and

[[Page S4550]]

       (C) by adding at the end the following new subparagraph 
     (B):
       ``(B) For the first month of each quarter, semester, or 
     term, as applicable, of the program of education pursued by 
     the individual, a lump sum amount for books, supplies, 
     equipment, and other educational costs with respect to such 
     quarter, semester, or term in the amount equal to--
       ``(i) $1,000, multiplied by
       ``(ii) the fraction which is the portion of a complete 
     academic year under the program of education that such 
     quarter, semester, or term constitutes.''.
       (2) Technical amendment.--Clause (ii) of subsection 
     (e)(2)(A) of such section, as redesignated by paragraph 
     (1)(A) of this subsection, is amended by adding a period at 
     the end.

     SEC. 4. MODIFICATION OF ASSISTANCE FOR LICENSURE AND 
                   CERTIFICATION TESTS.

       (a) Repeal of Limitation on Number of Reimbursable Tests.--
     Subsection (a) of section 3315 of title 38, United States 
     Code, is amended by striking ``one licensing or certification 
     test'' and inserting ``licensing or certification tests''.
       (b) Charge of Entitlement for Receipt of Assistance.--Such 
     section is further amended by striking subsection (c) and 
     inserting the following new subsection (c):
       ``(c) Charge Against Entitlement.--The charge against 
     entitlement of an individual under this chapter for payment 
     for a licensing or certification test under subsection (a) 
     shall be charged at the rate of one month for each amount 
     equal to 1/12 of the amount of the average of the established 
     charges at all institutions of higher learning in the United 
     States for a program of education leading to a baccalaureate 
     degree as determined by the National Center for Education 
     Statistics of the Department of Education for the most recent 
     academic year.''.

     SEC. 5. TRANSFER OF ENTITLEMENT TO SUPPLEMENTAL EDUCATIONAL 
                   ASSISTANCE TO POST-9/11 EDUCATIONAL ASSISTANCE.

       (a) In General.--Section 3316 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Transfer of Supplemental Educational Assistance.--
       ``(1) In general.--An individual entitled to supplemental 
     educational assistance under subchapter III of chapter 30 of 
     this title may transfer such entitlement to entitlement for 
     supplemental educational assistance under this section. Such 
     individual shall receive entitlement to one month of 
     supplemental educational assistance under this section for 
     each month of entitlement to supplemental educational 
     assistance so transferred.
       ``(2) Rate.--The monthly rate of supplemental educational 
     assistance payable to an individual who transfers entitlement 
     under paragraph (1) shall be payable at the same rate as such 
     entitlement would otherwise be payable to such individual 
     under subchapter III of chapter 30 of this title.
       ``(3) Nature of transferred entitlement.--An amount of 
     supplemental educational assistance transferred under 
     paragraph (1) shall be payable as an increase in the monthly 
     amount of educational assistance otherwise payable to the 
     individual under paragraph (1)(B) of section 3313(c) of this 
     title, or under paragraphs (2) through (7) of such section 
     3313(c) (as applicable).''.
       (b) Clarification on Reimbursement of Increased or 
     Supplemental Assistance.--Such section is further amended by 
     inserting after subsection (c), as added by subsection (a)(2) 
     of this section, the following new subsection (d):
       ``(d) Reimbursement.--Any expense incurred by the Secretary 
     for the provision of increased assistance or supplemental 
     assistance to an individual under this section shall be 
     reimbursed by the Secretary concerned.''.

     SEC. 6. TRANSFER OF UNUSED EDUCATION BENEFITS TO FAMILY 
                   MEMBERS.

       (a) Administration of Transfers of Entitlement by 
     Individuals No Longer Members of the Armed Forces.--Section 
     3319(h) of title 38, United States Code, is amended--
       (1) by redesignating paragraph (7) as paragraph (8); and
       (2) by inserting after paragraph (6) the following new 
     paragraph (7):
       ``(7) Administration for individuals no longer members of 
     the armed forces.--The Secretary of Defense shall administer 
     the provisions of this section with respect to individuals 
     who are discharged or released from the Armed Forces, 
     including the making of any determinations of eligibility of 
     such individuals for transfers of entitlement under this 
     section and the processing of applications to transfer, 
     modify, or revoke entitlement under this section.''.
       (b) Applicability of Entitlement Authority to Members of 
     Public Health Service and National Oceanic and Atmospheric 
     Administration.--Section 3319 of such title is amended by 
     striking subsection (k).
       (c) Reimbursement of Expenses of Secretary of Veterans 
     Affairs by Secretary Concerned.--Such section is further 
     amended by adding at the end the following new subsection 
     (k):
       ``(k) Reimbursement of Expenses of Secretary of Veterans 
     Affairs by Secretary Concerned.--Any expense incurred by the 
     Secretary for the provision of educational assistance under 
     subsection (a) to a dependent described in such subsection 
     shall be reimbursed by the Secretary concerned.''.
       (d) Technical Correction.--Subsection (b)(2) of such 
     section is amended by striking ``to section (k)'' and 
     inserting ``to subsection (j)''.

     SEC. 7. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE 
                   UNDER NATIONAL CALL TO SERVICE AND OTHER 
                   PROGRAMS OF EDUCATIONAL ASSISTANCE.

       (a) Bar to Duplication of Educational Assistance 
     Benefits.--Section 3322(a) of title 38, United States Code, 
     is amended by inserting ``or section 510'' after ``or 1607''.
       (b) Limitation on Concurrent Receipt of Educational 
     Assistance.--Section 3681(b)(2) of such title is amended by 
     inserting ``and section 510'' after ``and 107''.

     SEC. 8. APPROVAL OF PROGRAMS OF EDUCATION CONSISTING OF 
                   DISTANCE LEARNING.

       (a) Nonaccredited Courses Pursued by Distance Learning.--
     Section 3676(e) of title 38, United States Code, is amended 
     by inserting ``or distance learning'' after ``independent 
     study''.
       (b) Disapproval of Enrollment in Nonaccredited Courses of 
     Distance Learning.--Section 3680A(a)(4) of such title is 
     amended by inserting ``or distance learning'' after 
     ``independent study'' each place it appears.
       (c) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall prescribe regulations under section 3323(c) of such 
     title for the administration and approval of programs of 
     education that consist of distance learning.
       (d) Distance Learning Defined.--In this section, the term 
     ``distance learning'' has the meaning given the term 
     ``distance education'' in section 103 of the Higher Education 
     Act of 1965 (20 U.S.C. 1003).

     SEC. 9. INCREASE IN AMOUNT OF REPORTING FEE.

       Section 3684(c) of title 38, United States Code, is 
     amended--
       (1) by striking ``multiplying $7'' and inserting 
     ``multiplying $12''; and
       (2) by striking ``or $11'' and inserting ``or $15''.

     SEC. 10. AMOUNT OF SUBSISTENCE ALLOWANCE FOR VETERANS WITH 
                   SERVICE-CONNECTED DISABILITIES.

       Section 3108(b) of title 38, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(4) A veteran entitled to subsistence allowance under 
     this chapter may elect to receive payment from the Secretary, 
     in lieu of an amount otherwise determined by the Secretary 
     under this subsection, an amount equal to the national 
     average of the monthly amount of basic allowance for housing 
     payable under section 403 of title 37 for a member with 
     dependents in pay grade E-5.''.

     SEC. 11. REPEAL OF AUTHORITY TO MAKE CERTAIN INTERVAL 
                   PAYMENTS.

       Section 3680(a) of title 38, United States Code, is amended 
     after the flush matter--
       (1) in subparagraph (A), by adding ``or'' at the end;
       (2) in subparagraph (B), by striking ``; or'' and inserting 
     a period; and
       (3) by striking subparagraph (C).
                                 ______