Congressional Record, Volume 156 Issue 166 (Wednesday, December 15, 2010)

[Congressional Record Volume 156, Number 166 (Wednesday, December 15, 2010)]
[House]
[Pages H8456-H8466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

POST-9/11 VETERANS EDUCATIONAL ASSISTANCE IMPROVEMENTS ACT OF 2010

Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 3447) to amend title 38, United States Code, to improve
educational assistance for veterans who served in the Armed Forces
after September 11, 2001, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is 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; 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.
Sec. 3. Statutory Pay-As-You-Go Act compliance.

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.

SEC. 3. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

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). However, no benefits otherwise payable
by reason of such amendment for the period beginning on
August 1, 2009, and ending on September 30, 2011, may be paid
before October 1, 2011.

[[Page H8457]]

(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--

``(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--

``(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 Dates.--
(1) In general.--Except as provided in paragraph (2), 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.
(2) Stipend for distance learning on more than half-time
basis.--Clause (iii) of section 3313(c)(1)(B) of title 38,
United States Code (as added by subsection (b)(2) of this
section), shall take effect on October 1, 2011, and shall
apply with respect to amounts payable for educational
assistance for pursuit of programs of education as covered by
such clause 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) 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--

``(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--

``(II) the amount equal to--

``(aa) for the academic year beginning on August 1, 2011,
$17,500; 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); 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 Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this

[[Page H8458]]

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 for educational assistance for
pursuit of programs of education on or after such effective
date.
(2) Lump sum for books and other educational costs.--
Subparagraph (B) of section 3313(e)(2) of title 38, United
States Code (as added by subsection (a)(2)(E) of this
section), shall take effect on October 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. 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--

(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--

``(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--

``(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

[[Page H8459]]

``(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--

``(II) the amount equal to--

``(aa) for the academic year beginning on August 1, 2011,
$8,500; 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 October 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,
$1,460; 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,
$1,460; 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

[[Page H8460]]

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).

[[Page H8461]]

``(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 October 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.

[[Page H8462]]

The SPEAKER pro tempore (Mrs. Halvorson). Pursuant to the rule, the
gentleman from California (Mr. Filner) and the gentleman from Indiana
(Mr. Buyer) each will control 20 minutes.
The Chair recognizes the gentleman from California.

General Leave

Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend and include
extraneous material on S. 3447.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.

{time} 1850

Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
I want to thank Senator Akaka, chairman of the Senate Veterans'
Affairs Committee, for introducing this bill, also known as the Post-9/
11 Veterans Educational Assistance Improvements Act of 2010. And I want
to thank my colleague, Representative Walt Minnick of Idaho, for his
advocacy on behalf of our Nation's veterans and for introducing a
similar bill in the House of Representatives.
My colleagues may recall that we successfully passed the Post-9/11
Veterans Educational Assistance Act of 2008 to help pay the full cost
of tuition at 4-year colleges for veterans who served after September
11, 2001. This new entitlement has provided thousands of veterans with
funds to pay for tuition and fees, a monthly housing allowance, and a
$1,000 book stipend. While this has proven to be a significant step to
improve existing educational benefits for our veterans, much work
remains to be done.
This bill is fully paid for, bipartisan, and seeks to rectify many of
the ongoing technical concerns that were highlighted after the passage
of the Post-9/11 GI bill while expanding benefits to veterans that were
originally excluded from participating in this new benefit.
Current law prohibits certain individuals in the Reserve and National
Guard from obtaining veterans education benefits under the Post-9/11
bill. This legislation seeks to address this inequity by allowing
qualified individuals in our Reserve and National Guard to receive
benefits under the Post-9/11 GI bill. The legislation would also
provide veterans with a housing stipend while taking courses strictly
through long distance learning, a key issue which many of us have
spoken on. In addition to expanding the housing stipend, student
veterans will also have the ability to use their educational benefits
to pay for national tests, licensure, and certification tests.
Furthermore, this bill would address a major shortfall expressed by
the veterans' community by those who would prefer to attend a non-
college degree program that would meet their professional goals. This
bill seeks to expand on the eligible programs of education to include
apprenticeship and on-the-job training, in addition to flight training
and non-college degree programs of education.
Finally, this bill seeks to recognize the family's role of caring for
an injured veteran by extending the period that a family member can use
his or her education benefits. Providing more time for a caregiver to
pursue their educational goals is the least we can do for those who
have taken on the responsibility to care for an injured loved one.
I would like to thank our Speaker, Ms. Pelosi, for her leadership and
dedication to America's veterans. It is only fitting to note that
enhancing veterans education benefits was a major focus when Democrats
took control of the House 4 years ago, and remains a final priority
here in the final hours of the 111th Congress. Certainly, we look
forward to continuing this advocacy in the next Congress.
AMVETS

National Headquarters,

Lanham, MD, December 14, 2010.
Hon. Chairman Bob Filner,
Rayburn House Office Building,
Washington, DC.
Dear Congressman Bob Filner: On behalf of AMVETS (American
Veterans), I am writing to express our support of S. 3447,
the ``Post 9/11 Veterans Educational Assistance Improvement
Act of 2010.''
AMVETS believes this piece of legislation to play a vital
role in correcting numerous shortfalls of the current Post 9/
11 GI Bill program. AMVETS believes that this piece of
legislation only stands to better the educational
opportunities afforded to all veterans, servicemembers,
National Guard and Reserve. Furthermore, AMVETS believes that
this piece of legislation will provide, much overdue, clarity
and understanding to our veterans, servicemembers and the
schools seeking to offer them an education and the exact
funds available to all of the parties involved. For these
reasons, AMVETS extends their support to S. 3447, the ``Post
9/11 Veterans Educational Assistance Improvement Act of
2010.''
Sincerely,
Christina M. Roof,
National Deputy Legislative Director.
____

Military Officers Association

of America,

Alexandria, VA, December 14, 2010.
Hon. Bob Filner,
Chairman, House Committee on Veterans Affairs, House of
Representatives, Washington, DC.
Dear Mr. Chairman: On behalf of the 370,000 members of the
Military Officers Association of America (MOAA), I am writing
to urge your support for final passage of S. 3447, the Post-
9/11 Veterans Educational Assistance Improvements Act of
2010, as passed by the Senate on 13 December.
S. 3447 takes the best GI Bill Since World War II to a new
level of excellence, transparency and efficiency for
veterans, college administrators and the Department of
Veterans Affairs. The bill simplifies the complex and
confusing payment system, reduces costs in key areas,
eliminates glaring inequities, and enhances the opportunity
for our veterans to successfully reintegrate in society after
serving their nation.
We are particularly pleased that top MOAA priorities in S.
3447 would:
Permit full-time National Guard members on Title 32 orders
to earn the benefit for their service;
Open vocational, apprenticeship, OJT and other job
training--the Post-9/11 GI Bill is the only GI Bill program
since WWII that excludes job training;
Simplify the payment system for public college attendance
and set a national baseline for private college enrollment;
Permit USPHS and NOAA Corps service women and men to
transfer their benefits to family members, if requested by
their Department's respective Secretaries with the approval
of the Secretary of Defense;
Authorize a book stipend (up to $1000 annually) for active
duty participants;
Establish a housing allowance for veterans enrolled in
full-time online study;
Raise the cost-of-living stipend for wounded warriors
eligible for Vocational Rehabilitation and Employment
benefits
The CBO has reported that the bill will save $734 million
over 10 years. More importantly, S. 3447 will help our
veterans gain the skills and training they need to compete in
a very difficult economic climate. This legislation will
reduce the need for future costly intervention programs for
under- and unemployed veterans, making it a wise investment
for our country.
On behalf of our entire membership, I would respectfully
recommend your personal support for final passage this week
of S. 3447.
Thank you for your leadership and support for our nation's
uniformed servicemembers, their families and our veterans.
Sincerely,
Norbert R. Ryan, Jr.
President.
____

Iraq and Afghanistan Veterans

of America,

Washington, DC, December 14, 2010.
Hon. Bob Filner,
Cannon House Office Building,
Washington, DC.
Hon. Steve Buyer,
Cannon House Office Building,
Washington, DC.
Dear Chairman Filner and Ranking Member Buyer: Iraq and
Afghanistan Veterans of America (IAVA) offers our strong
support for S. 3447, commonly referred to as the New GI Bill
2.0. Our work on the New GI Bill is not done. The New GI Bill
is a historic commitment to this generation of veterans that
has enabled over 300,000 student veterans to attend school.
However, tens of thousands of young veterans are unable to
take advantage of these new GI Bill benefits because
confusing regulations and holes in the original legislation.
To ensure every veteran has access to a first class future,
IAVA recommends swift passage of S. 3447.
New GI Bill 2.0 finishes the Post 9/11 GI Bill and
includes:
Vocational Training: Invaluable job training for students
studying at vocational schools.
Title 32 AGR: Grant National Guardsmen responding to
national disasters full GI Bill credit.
Distance Learners: Provide living allowances for veterans
in distance learning programs.
Tuition/Fees: Expand and simplify the Yellow Ribbon
Program.
Active Duty: Include a book stipend for active duty
students.
New GI Bill 2.0 will help student veterans like Charles
Conrad who returned home to a tough economy and enrolled in a
vocational school to help prepare him for a meaningful career
only to find out that his vocational school was not covered
by the new GI Bill and SPC Weaver a Purple Heart recipient
whose vertigo is so bad he can't sit in a

[[Page H8463]]

classroom for an entire period and therefore does not qualify
for a living allowance because he has to take classes online.
This legislation will also help the tens of thousands of
National Guard troops who were activated to clean up the oil
spill in the Gulf and have not received credit toward the GI
Bill for their service.
We are proud to offer our assistance on this vital piece of
legislation. If we can be of help please feel free to contact
Tim Embree.
Sincerely,
Paul Rieckhoff,
Executive Director.
____

National Guard Association of

the United States,

Washington, DC, December 14, 2010.
Hon. Robert Filner,
House Committtee on Veterans' Affairs, Chairman, Cannon House
Office Building, Washington, DC.
Dear Chairman Filner: NGAUS strongly supports the cost
neutral S. 3447, The Post-9/11 Veterans Educational
Assistance Improvements Act of 2010, which unanimously passed
the Senate on December 13, 2010. It is our understanding that
S. 3447 will be placed on the House suspension calendar this
week in order that it may be considered this session.
When Congress hurriedly enacted the educational assistance
for members of the Armed Forces who serve after September 11,
2001, commonly known as the Post 9/11 GI Bill, it mistakenly
excluded Title 32 active duty service from qualifying for
benefits under this program, and limited benefits for
vocational learning, on-the-job training, and distance
learning that is so vital to geographically isolated members
for the National Guard.
S. 3447 would fully credit all National Guard Title 32 AGR
duty and service under Title 32 section 502(f) in response to
a national emergency declared by the President. The bill
would also provide expanded benefits for vocational learning,
apprenticeships, on-the-job training, and provide a living
allowance for full-time distance learners. Of critical
importance is the fact that the Congressional Budget Office
has rated the bill to be cost neutral.
NGAUS strongly supports approval of a motion to suspend the
rules for S. 3447 in the House to correct this inequity and
properly credit our members of the National Guard for their
service to our country. The sooner this corrective
legislation may be passed, the sooner our members and
veterans will be able to improve their skills in a difficult
economy.
Our men and women who bravely serve and have served our
nation richly deserve the recognition that S. 3447 would
provide. Thank you for this opportunity to express our
support.
Sincerely,
Gus Hargett,
Major General, (Ret), President.
____

National Association for

Uniformed Services,

Springfield, VA, December 14, 2010.
Hon. Bob Filner,
Chairman, House Veterans' Affairs Committee, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The National Association for Uniformed
Services (NAUS) strongly supports passage of S. 3447, the
Post-9/11 Veterans Educational Assistance Improvements Act.
The bill brings critical upgrades and welcome expansion of
the extraordinary and historic Post 9/11 GI Bill.
As approved in the Senate earlier this week, the Post-9/11
Veterans Educational Assistance Improvements Act makes a
number of modifications to the education assistance
legislation. Not only does it open educational opportunities
for National Guard and Reserve members called to active duty,
it would simplify the bill making it less complex, and expand
the program to include on-the-job and vocational training
opportunity for veterans interested in developing a career in
skilled trades.
NAUS urges speedy action to complement, upgrade and improve
the historic action previously taken under your leadership to
approve the Post-9/11 GI Bill. Our membership endorses this
legislation, and we urge your colleagues to support the
course of action you propose. For those men and women who
have honorably served in the Uniformed Services, it is the
right thing to do.
Sincerely,
Richard A. Jones,
Legislative Director.
____

The American Legion,

Washington, DC, December 14, 2010.
Hon. Stephanie Herseth Sandlin,
Cannon House Office Building, House of Representatives,
Washington, DC.
Dear Representative Herseth Sandlin: On behalf of the 2.4
million members of The American Legion, I am expressing our
support for S. 3447, the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010, legislation which
expands and improves upon the Post 9/11 G.I. Bill. Most
importantly, the new measure expands the Post 9/11 G.I. Bill
beyond covering college courses by allowing veterans to use
the more generous benefits of this program to cover
vocational and technical education at non-degree granting
institutions. This will help more veterans get the skills
they need to get back in the work force quickly and help get
our economy back on track.
The act also expands eligibility for the new G.I. Bill to
certain members of the National Guard and Reserve forces
activated under Title 32 for domestic emergencies or homeland
security missions, or who serve full-time under the Active
Guard and Reserve (AGR) program and who were inadvertently
left out of the original legislation passed in June 2009.
Last year, by Guard estimates, the oversight had denied more
than 75,000 Army Guard and 2,500 Air Guard members access to
the best veterans' education benefit since World War II. In
addition, the bill would provide a living allowance for
distance learners, expand and simplify the existing Yellow
Ribbon program, reimburse student-veterans taking multiple
certification tests and national exams, and allow active duty
service members and their spouses to receive a $1000 per year
book stipend, among other things.
The American Legion has a proud history of advocating for
veterans' benefits, most notably the contribution to writing
and passing the historic Servicemen's Readjustment Act of
1944, commonly known as the ``G.I. Bill of Rights.'' Harry W.
Colmery, a former National Commander of the American Legion,
is credited with drafting the original language that would
become the G.I. Bill. S. 3447 will go far in ensuring that
current veterans will be helped as much as the original G.I.
Bill helped the Greatest Generation in shaping America. Once
again, The American Legion fully supports this legislation
and we urge final passage of this bill before the close of
the 111th Congress.
Sincerely,

Tim Tetz,

Director,
National Legislative Commission.
____

Student Veterans of America,

Board of Directors,

December 14, 2010.
Hon. Congressman Filner, Chairman,
Hon. Congressman Buyer, Ranking Member,
House Veterans Affairs Committee,
Cannon House Office Building,
Chairman Filner, Ranking Member Buyer, and Esteemed
Members: We at Student Veterans of America strongly support
the provisions of S. 3447, which was passed unanimously by
the Senate last evening, on December 14th, 2010. This bill
enjoys broad bipartisan support, corrects many of the
deficiencies of the original Post 9/11 GI Bill, and even
reduces the deficit by more than $700 million over ten years.
It is rare that this kind of opportunity comes along with
overwhelming support from both parties and the vast majority,
if not all, of the veteran services organizations, and we
respectfully request that you move to ensure its swift
passage.
This Bill will truly change the landscape of veterans'
education, and is a fantastic follow-up to the Post 9/11 GI
Bill that was passed into law two years ago. Since that time
we have seen great successes come from its provisions, and
yet we have also seen some veterans left out of its generous
promises. S. 3447 addresses almost all of these concerns, and
we are excited to be involved in its movement to help all
veterans, despite this difficult political climate.
Among its many improvements, S. 3447 establishes a national
average for private and graduate school rates that will
alleviate the most complex part of this program by giving
predictability to all veterans as to what their benefit is
worth regardless of where they are studying. Additionally,
allowing the Post 9/11 GI Bill to be used for vocational
training and apprenticeships, including Title 32 National
Guard service members, and providing a housing allowance to
distance learners will finally close some of the largest
issues with the program thus far, expanding the eligibility
and usage to its intended audience: all Post 9/11 veterans.
We are excited and proud to stand with you on this issue
and we look forward to continuing to work with you to help
our nation's heroes achieve success in the classroom and in
their professional lives. Giving student veterans the tools
they need to excel in their chosen careers will allow them to
continue their exceptional contributions to our country.
Please stand with us by passing S. 3447.
Very Respectfully,
Jeremy Glasstetter,
National President.

Mr. Speaker, I reserve the balance of my time.
Mr. BUYER. I yield myself such time as I may consume.
I don't know since when the GI bill all of a sudden became the
greatest hallmark of Democrats. It's of both parties, Mr. Chairman.
I rise to express my concerns about the way, once again, we are
legislating outside of regular order, leaving undone significant fixes
needed to correct known substantive and technical problems with the
bill. And this all goes back to the way the GI bill came to us. It came
to us as a political instrument, not properly even vetted through the
House. It came as a political instrument in a highly Presidential
election time.
The House committee was doing its work on modernizing the Montgomery
GI bill. Stephanie Herseth and John

[[Page H8464]]

Boozman were doing yeoman's work, under the guidance of Chairman
Filner, and they were doing everything that they were supposed to do to
that bill. Sure enough, they took a bill that was drafted by one
staffer who had not been properly vetted in the Senate and sent that
bill over to the House without even being vetted here by the House. And
then Speaker Pelosi wanted to do that, and it was all about, at that
time, jamming John McCain.
Now I voted for that when it came here to the House floor. The reason
I did that is I wanted a seat at the table. I wanted to be able to
correct problems with the bill. We cited 10 or 11 of the problems that
we had with the bill, all of which were ignored.
So what happened? All these inequities, all these poor drafting
errors, the challenge that the administration even had with regard to
the implementation of the legislation. Oh, once again we'll just do
something quickly, with expediency, bypass the House process, ignore
regular order, dump it on the administration, and then force them to
fix it. And then, if they don't do things according to the timeline for
which we foresee, then we'll just beat 'em up. This is like the worst
way to legislate.
If you want to do proper governing, you don't worry about winning and
losing and who's getting credit, whether a Democrat is getting credit
or a Republican is getting credit. You don't think about winning and
losing. Good government is about the collective ideas of all people of
this House.
So, once again, what are we doing? Here comes a bill, once again,
coming from the Senate to us on issues that we haven't even had a
chance to pore through. Oh, let's come to the floor. Let's cheerlead.
Let's embrace. And you're doing it, once again, in a lame duck session.
Then-Speaker Dennis Hastert, in 2006, when Democrats took over the
House, what did Dennis Hastert do? He held a conference and he told
Republicans: Respect the will of the American people. We will not
legislate our agenda in a lame duck.
What are you doing? You're ignoring the will of the American people
and trying to jam everything imaginable that you can before you, quote,
lose power. So let's do gays in the military and let's jam everything
imaginable you can. Let's do this. You're creating even more inequities
in this bill than you think that you're correcting.
In order to understand my concerns: Originally the bill cost nearly
$80 billion and was not paid for. We could be headed for a similar
situation by passing this bill today without going through regular
order.
I received a long list of technical changes from the VA that would
have facilitated successful implementation. Unfortunately, the majority
continues to block my efforts for these changes. In the end, the House
once again will have no say in a major piece of legislation expanding
veterans' benefits.
So be careful getting out there and pounding your chest thinking that
you've done a lot of great things or that you've had all the input. We
have not.
I am concerned about the policy change in this bill that ends living
stipend payments to veterans during periods of time between semesters.
You had better think about what you are about to vote on. This cut in
veterans' benefits will hit veterans and their families hard,
especially during the holiday season, since many schools dismiss for
the winter break veterans who would receive their living stipend check
during that period. I can't think of a worse idea than to cut a veteran
benefit during the Christmas and holiday season. All Americans know
that the month of December is already a strain on their pocketbook, and
to have your paycheck cut during a devastating time period is pretty
tough.
My second policy concern deals with the national cap on tuition and
fees. Current law allows the VA to pay up to the maximum in-state
tuition and fees for each veteran enrolled in an institution of higher
learning. This means that each State has a different maximum amount of
tuition and fees that the VA is required to pay. While the revised
benefit of up to $17,500 a year will be a windfall for most veterans,
there are veterans in several States, including Texas, New York, and
New Hampshire that will see their tuition and fees payments reduced.
Veterans in these States will be forced to pay for this reduction from
other sources or from their own pocket.
For example, a veteran who is a junior studying at Baylor University
in Texas currently receives roughly $26,000 in tuition and fee payments
per year. Under this bill, that veteran would receive only $17,500 in
tuition and fee payments for a difference of $8,500 per year; or,
$34,000 over a 4-year time period will be cut from their benefit.

{time} 1900

This bill should have included a provision to grandfather the current
students in these high-cost States so they are not required to make up
the difference in tuition, but the Members of the House Committee on
Veterans' Affairs did not get that change, or any other change, for
that matter. By removing these interval payments and excluding a
grandfather clause, the drafters of this bill were able to pay for
their other enhancements of the bill. However, these enhancements are
being done at the expense of some veterans to the benefit of other
veterans.
It is one of those things which we are always cautious about, cutting
one veteran's benefit to the benefit of some other veteran. If you went
out and surveyed the average student veteran, I believe they would
oppose improving their own benefit at the expense of one of their
comrades.
What is even more disturbing to me is that by rushing this bill
through without regular order, the majority and the veterans service
organizations who support this move don't seem to have a problem with
either of these issues that will hurt some of America's veterans in the
name of expediency and of the apparent need to score some kind of point
here in the lame duck.
I am surprised that the veterans service organizations have jumped on
board in support of this bill despite the fact of its cuts of veterans
benefits. I am quite certain they are very uncomfortable with me
standing here on the House floor talking about the veterans service
organizations' support of the cut in veterans benefits.
In a press release on Tuesday, the commander of the American Legion,
Jimmie Foster, stated: ``This is great news. This bill rectifies the
inequities and shortcomings of the well-intentioned but incomplete
Post-9/11 GI Bill and makes it whole.''
It does not. We create even more inequities and make the matter even
worse.
In testimony in July before the Senate Committee on Veterans'
Affairs, the Iraq and Afghanistan Veterans of America stated: ``The
discussion draft of Senate 3447 will improve the new GI Bill and ensure
that all student veterans have access to the most generous investment
in veterans education since World War II.''
At the same hearing, the Veterans of Foreign Wars stated: ``Senator
Akaka, your legislation addresses every area of concern the VFW has
with improving the Post-9/11 GI Bill. We cannot say enough about the
noble intent driving this legislation.''
Madam Speaker, I guess we have a few questions for the veterans who
are members of these veterans service organizations. Number one, are
your Representatives in Washington really standing up for you when they
endorse a bill that cuts your living stipend during the holidays?
Please understand what this does. When an individual finishes their
fall semester and before they start their spring semester, their
benefits are cut. At some schools they might be out 5 weeks, or 3
weeks, or 4 weeks. We are going to cut their stipend during that break
between semesters.
The other question is, are they really representing the view of a
veteran when they endorse legislation that cuts tuition payments for
some veterans by thousands of dollars while trying to benefit a veteran
in some other place?
While I am retiring here at the end of this Congress, I am sure that
Members of the new majority will want to hold hearings on the
shortcomings in the Post-9/11 GI Bill and look for ways to improve the
bill early in the next Congress. That way we can further consider the
VA's and the committee's concerns, avoid unintended consequences, and
do so in a bipartisan manner, and, most importantly, using regular
order and making sure everyone participates in the process. That is

[[Page H8465]]

the best way for us to govern a country.
With that, I reserve the balance of my time.
Mr. FILNER. Madam Speaker, I yield such time as he may consume to the
gentleman from Iowa (Mr. Loebsack), who has been a great leader on
veterans issues.
Mr. LOEBSACK. I thank Chairman Filner, and I want to thank Democrats
and Republicans alike who have worked on this bill and folks in the
Senate who have worked on this bill as well, both Democrats and
Republicans.
Mr. Speaker, the Post-9/11 GI Bill is an expression of our Nation's
gratitude to those who have served our country since the 9/11 attacks.
As a former college professor, I know firsthand the impact a post-
secondary education can have. It opens doors and it broadens
opportunities, and it is critical to the strength of our military and
the future of our economy.
I have had the honor to meet many members of the Iowa National Guard.
I have seen them respond to the floods that hit my district in 2008,
and I have visited them in Iraq and Afghanistan. The dual role of the
National Guard in our homeland and national security is unique, and it
has only increased since the 9/11 attacks.
The National Guard is no longer a strategic reserve. It is an
operational one. These soldiers and airmen secure our airspace, respond
to disasters, protect our borders, and deploy to Iraq and Afghanistan.
Yet the Post-9/11 GI Bill did not recognize this dual role. It counts
only service overseas and overlooked the role the National Guard plays
in federally funded homeland security missions.
That is why I introduced the National Guard Education Equality Act,
which has over 100 bipartisan cosponsors and has been endorsed by a
number of veterans service organizations. I am very proud that my bill
has been included in the Post-9/11 Veterans Education Assistance
Improvements Act. As a result, tens of thousands of National Guard
members will receive benefits they are due for their service to our
country.
While this bill is not perfect and more needs to be done, it is an
essential step forward. Among its many other improvements for our
veterans, it will recognize and it will honor the contributions of the
National Guard to both our homeland and our national security. I urge
support for this critical legislation.
I again thank Chairman Filner and Members for all their great work on
this, Democrats and Republicans alike.
Ms. HERSETH SANDLIN. Mr. Speaker, I rise today in strong support of
S. 3447, The Post-9/11 Veterans Educational Assistance Improvements Act
of 2010.
I would like to thank Senator Akaka for introducing this critical
legislation in the Senate and Representative Walt Minnick of Idaho who
introduced the companion bill here in the House and worked diligently
to refine the landmark Post-9/11 G.I. Bill enacted in 2008.
I would also like to thank Veterans Affairs Committee Chairman
Filner, as well as Ranking Member Buyer, for their leadership
throughout the 110th and 111th Congresses on this topic in helping
ensure that our Nation's veterans have access to the educational
benefits they deserve and have earned.
One of the most significant accomplishments of the 110th Congress was
the passage of the Post-9/11 G.I. Bill. That legislation offered the
first update and improvement of the Montgomery G.I. Bill in over a
generation, and set the Department of Veterans Affairs on the path
toward providing today's veterans the educational benefits that befit
their service and sacrifice.
Today, by passing S. 3447, this House can take another significant
step on the ongoing journey to provide veterans with those improved
educational benefits.
During the 111th Congress, I have had the honor to serve our Nation's
veterans as Chairman of the Economic Opportunity Subcommittee. As part
of my work as chairman, our subcommittee held six hearings on various
aspects of the Post-9/11 G.I. Bill program. We addressed the VA's long-
term strategy to implement the benefit and investigated the reasons
behind some of the processing delays that plagued the program when the
VA first began paying benefits in August of 2009. In addition, our
Subcommittee held an education roundtable and several legislative
hearings on bills that sought to improve or expand the Post-9/11 G.I.
Bill program.
During these many hearings, it became clear that, while the version
of the Post-9/11 G.I. Bill program the House passed in the 110th
Congress was a positive step, there were also logical, commonsense,
bipartisan improvements to be made to the benefit that would allow
veterans greater flexibility and better meet their needs.
S. 3447 contains many of those needed improvements.
This bill:
Allows veterans to use Post-9/11 benefits for Apprenticeship and On-
the-Job Training programs.
Provides students pursuing education through distance learning access
to the housing stipend given to traditional students.
Credits National Guard members--who are activated under Title 32
orders for national disasters--with Post-9/11 eligibility.
Improves the often confusing state cap system to expand and simplify
the yellow ribbon program which allows veterans to receive funds to
attend private schools.
Fully covers tuition at any public school.
Is fully offset and cost neutral thanks in part to closing several
loopholes in the program.
There is historical precedence for making such changes. The 78th
Congress also needed to pass several reforms to the original Montgomery
G.I. Bill. Today, the Montgomery G.I. Bill is considered to be one of
the most successful veterans programs in the history of our country. By
passing S. 3447, we are following in that tradition.
In conclusion, I would like to thank the many Veterans Service
Organizations who worked with Senator Akaka, Representative Minnick,
and myself on these issues. Groups such as the Veterans of Foreign
Wars, the American Legion, and the Iraq and Afghanistan Veterans of
America were tireless champions on this bill and these issues. The
passage of S. 3447 would not be possible without their efforts.
I also want to thank Economic Opportunity Subcommittee Ranking Member
John Boozman for his leadership and effort in conducting proper
oversight of the Post-9/11 G.I. Bill and helping to improve it. I am
very proud of the bipartisan way that Representative Boozman and I
approached Economic Opportunity issues and this topic was no exception.
I wish him the best of luck in his work in the Senate on behalf of
veterans and the State of Arkansas.
Again, I urge all my colleagues, on both sides of the aisle, to
support this important legislation.
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of S.
3447, the Post-9/11 Veterans Educational Assistance Improvements Act of
2010.
First I want to thank the Chairman of the Senate Committee on
Veterans' Affairs, and my very good friend, Senator Daniel Akaka, for
his leadership and for continuing to look out for the needs of our
veterans. I also want to thank the gentleman from Idaho, Mr. Walter
Minnick, for his work on this important issue.
The bill, S. 3447, embodies Congress' responsibility to those that
have served and fought in defense of this great Nation. Since the
Serviceman's Readjustment Act of 1944, or the original GI Bill,
Congress has continued to provide assistance through a myriad of
programs designed to meet the many critical needs of our veterans. And
service members. These programs include the construction of additional
hospitals; extending educational assistance to disabled and non-
disabled veterans; providing access to loans for home, business, and
farm; job counseling and placement services and unemployment benefits.
The bill before us today, S. 3447, underscores this continued
responsibility. It will make several improvements to the existing Post-
9/11 Veterans Educational Assistance Program, or the Post-9/11 GI Bill
of 2008.
Among other improvements, S. 3447 will modify eligibility for
entitlements to educational assistance; the amount of assistance and
types of approved program of education; and assistance for licensure
and certification tests.
Under the proposed legislation, individuals, who have been discharged
or released from the Armed Forces, will be able to transfer unused
education benefits to family members or dependents. Those pursuing a
college degree or certificate through an accredited distance learning
program will also be eligible for educational assistance. Eligible
individuals entitled to supplemental educational assistance for
additional service under the Montgomery GI Bill-Active Duty, MGIB-AD,
may also receive remaining payments if the individual elects to receive
benefits under the Post-9/11 GI Bill. Veterans with service-connected
disabilities will be eligible to choose the national average of BAH, or
the DOD benefit to provide housing compensation, in lieu of the monthly
subsistence allowance currently authorized. Commissioned officers in
the Public Health Service, PHS, and National Oceanic and Atmospheric
Administration, NOAA, may also transfer Post-9/11 GI Bill benefits to
their dependents.
Overall, this piece of legislation provides the opportunity for
veterans and servicemembers to maximize their benefits and to ensure
that their needs are met. And again I thank Senator Akaka for his
leadership on this important piece of legislation.

[[Page H8466]]

I urge my colleagues to support this bill.
Ms. BORDALLO. Mr. Speaker, I rise today in support of S. 3447, the
Post-9/11 Veterans Educational Assistance Improvements Act of 2010. I
commend Chairman Ike Skelton of the House Armed Services Committee,
Chairman John Spratt of the House Committee on the Budget, and Chairman
Bob Filner of the House Committee on Veterans Affairs for their
commitment, hard work and dedication to expanding education benefits
for the men and women who have served our great nation in uniform since
September 11, 2001. The work of committee leadership ensures that this
Congress will make a meaningful positive impact on our Armed Forces.
The improvements to the bill will make it easier for the U.S.
Department of Veterans Affairs and the military services to implement
the program thereby speeding up the time it presently takes to use the
benefits. Further the proposed legislation expands tile types of
training which can be pursued to include vocational and technical
schools, apprenticeships and on the job training that were not
previously covered. Another important improvement to the Bill includes
expanded financial assistance to active duty members to cover the cost
of books and administrative fees and to broaden the opportunity to
participate in distance learning programs.
Another critical component of the legislation is expanding
eligibility to many men and women of the National Guard who serve under
Title 32 authority. Men and women of the National Guard continue to be
called upon to serve at home and abroad to protect our national
interests. The distinction between different types of orders is often
blurred due to archaic procedures and operational requirements. The
legislation significantly enhances benefits for men and women of the
National Guard by including active duty time spent for the purpose of
organizing, administering, recruiting, instructing, or training the
National Guard. It also includes time spent 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.
This legislation continues our solemn commitment to veterans and
servicemembers. The bill improves the processing of these benefits and
ensures that we fulfill our commitment to all servicemembers and
veterans. As such, I urge my colleagues to join me in supporting S.
3447.
Mr. BUYER. Mr. Speaker, I yield back the balance of my time.
Mr. FILNER. Mr. Speaker, I have no further requests for time. This is
an important bill that extends benefits to even more of our veterans
and tries to enhance the benefits for those who already are receiving
them. I ask for unanimous support, and I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. Langevin). The question is on the motion
offered by the gentleman from California (Mr. Filner) that the House
suspend the rules and pass the bill, S. 3447.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FILNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________