[Congressional Record (Bound Edition), Volume 156 (2010), Part 14]
[Senate]
[Pages 19726-19739]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mr. DURBIN. I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar No. 638, S. 3447.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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 Senate proceeded to consider the bill (S. 3447) to amend title 
38, United States Code, to improve educational

[[Page 19727]]

assistance for veterans who served in the Armed Forces after September 
11, 2001, and for other purposes, which had been reported from the 
Committee on Veterans' Affairs, with an amendment to strike all after 
the enacting clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Post-9/11 
     Veterans Educational Assistance Improvements Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.

           TITLE I--POST-9/11 VETERANS EDUCATIONAL ASSISTANCE

Sec. 101. Modification of entitlement to educational assistance.
Sec. 102. Amounts of assistance for programs of education leading to a 
              degree pursued at public, non-public, and foreign 
              institutions of higher learning.
Sec. 103. Amounts of assistance for programs of education leading to a 
              degree pursued on active duty.
Sec. 104. Educational assistance for programs of education pursued on 
              half-time basis or less.
Sec. 105. Educational assistance for programs of education other than 
              programs of education leading to a degree.
Sec. 106. Determination of monthly housing stipend payments for 
              academic years.
Sec. 107. Availability of assistance for licensure and certification 
              tests.
Sec. 108. National tests.
Sec. 109. Continuation of entitlement to additional educational 
              assistance for critical skills or specialty.
Sec. 110. Transfer of unused education benefits.
Sec. 111. Bar to duplication of certain educational assistance 
              benefits.
Sec. 112. Technical amendments.

             TITLE II--OTHER EDUCATIONAL ASSISTANCE MATTERS

Sec. 201. Extension of delimiting dates for use of educational 
              assistance by primary caregivers of seriously injured 
              veterans and members of the Armed Forces.
Sec. 202. Limitations on receipt of educational assistance under 
              National Call to Service and other programs of 
              educational assistance.
Sec. 203. Approval of courses.
Sec. 204. Reporting fees.
Sec. 205. Election for receipt of alternate subsistence allowance for 
              certain veterans with service-connected disabilities 
              undergoing training and rehabilitation.
Sec. 206. Modification of authority to make certain interval payments.

     SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 38, United States Code.

           TITLE I--POST-9/11 VETERANS EDUCATIONAL ASSISTANCE

     SEC. 101. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL 
                   ASSISTANCE.

       (a) Modification of Definitions on Eligibility for 
     Educational Assistance.--
       (1) Expansion of definition of active duty to include 
     service in national guard for certain purposes.--Paragraph 
     (1) of section 3301 is amended by adding at the end the 
     following new subparagraph:
       ``(C) In the case of a member of the Army National Guard of 
     the United States or Air National Guard of the United States, 
     in addition to service described in subparagraph (B), full-
     time service--
       ``(i) in the National Guard of a State for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the National Guard; or
       ``(ii) in the National Guard under section 502(f) of title 
     32 when authorized by the President or the Secretary of 
     Defense for the purpose of responding to a national emergency 
     declared by the President and supported by Federal funds.''.
       (2) Expansion of definition of army entry level and skill 
     training to include one station unit training.--Paragraph 
     (2)(A) of such section is amended by inserting ``or One 
     Station Unit Training'' before the period at the end.
       (3) Clarification of definition of entry level and skill 
     training for the coast guard.--Paragraph (2)(E) of such 
     section is amended by inserting ``and Skill Training (or so-
     called `A' School)'' before the period at the end.
       (b) Clarification of Applicability of Honorable Service 
     Requirement for Certain Discharges and Releases From the 
     Armed Forces as Basis for Entitlement to Educational 
     Assistance.--Section 3311(c)(4) is amended in the matter 
     preceding subparagraph (A) by striking ``A discharge or 
     release from active duty in the Armed Forces'' and inserting 
     ``A discharge or release from active duty in the Armed Forces 
     after service on active duty in the Armed Forces 
     characterized by the Secretary concerned as honorable 
     service''.
       (c) Exclusion From Period of Service on Active Duty of 
     Periods of Service in Connection With Attendance at Coast 
     Guard Academy.--Section 3311(d)(2) is amended by inserting 
     ``or section 182 of title 14'' before the period at the end.
       (d) Effective Dates.--
       (1) Service in national guard as active duty.--The 
     amendment made by subsection (a)(1) shall take effect on 
     August 1, 2009, as if included in the enactment of chapter 33 
     of title 38, United States Code, pursuant to the Post-9/11 
     Veterans Educational Assistance Act of 2008 (title V of 
     Public Law 110-252).
       (2) One station unit training.--The amendment made by 
     subsection (a)(2) shall take effect on the date of the 
     enactment of this Act.
       (3) Entry level and skill training for the coast guard.--
     The amendment made by subsection (a)(3) shall take effect on 
     the date of the enactment of this Act, and shall apply with 
     respect to individuals entering service on or after that 
     date.
       (4) Honorable service requirement.--The amendment made by 
     subsection (b) shall take effect on the date of the enactment 
     of this Act, and shall apply with respect to discharges and 
     releases from the Armed Forces that occur on or after that 
     date.
       (5) Service in connection with attendance at coast guard 
     academy.--The amendment made by subsection (c) shall take 
     effect on the date of the enactment of this Act, and shall 
     apply with respect to individuals entering into agreements on 
     service in the Coast Guard on or after that date.

     SEC. 102. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION 
                   LEADING TO A DEGREE PURSUED AT PUBLIC, NON-
                   PUBLIC, AND FOREIGN INSTITUTIONS OF HIGHER 
                   LEARNING.

       (a) Amounts of Educational Assistance.--
       (1) In general.--Section 3313(c) is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``leading to a degree at an institution of higher learning 
     (as that term is defined in section 3452(f))'' after 
     ``program of education''; and
       (B) in paragraph (1), by striking subparagraph (A) and 
     inserting the following new subparagraph (A):
       ``(A) An amount equal to the following:
       ``(i) In the case of a program of education pursued at a 
     public institution of higher learning, the actual net cost 
     for in-State tuition and fees assessed by the institution for 
     the program of education after the application of--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees.

       ``(ii) In the case of a program of education pursued at a 
     non-public or foreign institution of higher learning, the 
     lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution for the program of education after the 
     application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $20,000; or
       ``(bb) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subclause, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).''.
       (2) Conforming amendment.--The heading of such section is 
     amended to read as follows: ``Programs of Education Leading 
     to a Degree Pursued at Institutions of Higher Learning on 
     More Than Half-time Basis.--''.
       (b) Amounts of Monthly Stipends.--Section 3313(c)(1)(B) is 
     amended--
       (1) by redesignating clause (ii) as clause (iv); and
       (2) by striking clause (i) and inserting the following new 
     clauses:
       ``(i) Except as provided in clauses (ii) and (iii), for 
     each month an individual pursues a program of education on 
     more than a half-time basis, a monthly housing stipend equal 
     to the product of--

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

       ``(aa) 1.0; or
       ``(bb) the number of course hours borne by the individual 
     in pursuit of the program of education, divided by the 
     minimum number of course hours required for full-time pursuit 
     of the program of education, rounded to the nearest multiple 
     of 10.
       ``(ii) In the case of an individual pursuing a program of 
     education at a foreign institution of higher learning on more 
     than a half-time basis, for each month the individual pursues 
     the program of education, a monthly housing stipend equal to 
     the product of--

[[Page 19728]]

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

       ``(aa) 1.0; or
       ``(bb) the number of course hours borne by the individual 
     in pursuit of the program of education, divided by the 
     minimum number of course hours required for full-time pursuit 
     of the program of education, rounded to the nearest multiple 
     of 10.
       ``(iii) In the case of an individual pursuing a program of 
     education solely through distance learning on more than a 
     half-time basis, a monthly housing stipend equal to 50 
     percent of the amount payable under clause (ii) if the 
     individual were otherwise entitled to a monthly housing 
     stipend under that clause for pursuit of the program of 
     education.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to amounts payable for educational assistance for 
     pursuit of programs of education on or after that date.

     SEC. 103. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION 
                   LEADING TO A DEGREE PURSUED ON ACTIVE DUTY.

       (a) In General.--Section 3313(e) is amended--
       (1) in paragraphs (1), by inserting ``leading to a degree'' 
     after ``approved program of education'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``leading to a degree'' after ``program of education'';
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (iii), respectively;
       (C) in the matter preceding clause (i), as redesignated by 
     subparagraph (B) of this paragraph--
       (i) by striking ``The amount'' and inserting ``The 
     amounts''; and
       (ii) by striking ``is the lesser of--'' and inserting ``are 
     as follows:
       ``(A) Subject to subparagraph (C), an amount equal to the 
     lesser of--'';
       (D) by striking clause (i), as so redesignated, and 
     inserting the following new clauses:
       ``(i) the actual net cost for in-State tuition and fees 
     assessed by the institution of higher learning for the 
     program of education after the application of--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees;

       ``(ii) the amount equal to--

       ``(I) for the academic year beginning on August 1, 2011, 
     $20,000; or
       ``(II) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this clause, as increased by the percentage 
     increase equal to the most recent percentage increase 
     determined under section 3015(h); or''.

       (E) by adding at the end the following new subparagraphs 
     (B) and (C):
       ``(B) Subject to subparagraph (C), for the first month of 
     each quarter, semester, or term, as applicable, of the 
     program of education pursued by the individual, a lump sum 
     amount for books, supplies, equipment, and other educational 
     costs with respect to such quarter, semester, or term in the 
     amount equal to--
       ``(i) $1,000, multiplied by
       ``(ii) the fraction of a complete academic year under the 
     program of education that such quarter, semester, or term 
     constitutes.
       ``(C) In the case of an individual entitled to educational 
     assistance by reason of paragraphs (3) through (8) of section 
     3311(b), the amounts payable to the individual pursuant to 
     subparagraphs (A)(i), (A)(ii), and (B) shall be the amounts 
     otherwise determined pursuant to such subparagraphs 
     multiplied by the same percentage applicable to the monthly 
     amounts payable to the individual under paragraphs (2) 
     through (7) of subsection (c).''.
       (b) Conforming Amendment.--The heading of such section is 
     amended to read as follows: ``Programs of Education Leading 
     to a Degree Pursued on Active Duty on More Than Half-time 
     Basis.--''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 60 days after the date 
     of the enactment of this Act, and shall apply with respect to 
     amounts payable as educational assistance for individuals who 
     commence pursuit of programs of education on or after such 
     effective date.

     SEC. 104. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF EDUCATION 
                   PURSUED ON HALF-TIME BASIS OR LESS.

       (a) Clarification of Availability of Assistance.--Section 
     3313(f) is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end the following: ``whether a program of education pursued 
     on active duty, a program of education leading to a degree, 
     or a program of education other than a program of education 
     leading to a degree''; and
       (2) in paragraph (2), by inserting ``covered by this 
     subsection'' after ``program of education'' in the matter 
     preceding subparagraph (A).
       (b) Amount of Assistance.--Clause (i) of paragraph (2)(A) 
     of such section is amended to read as follows:
       ``(i) the actual net cost for in-State tuition and fees 
     assessed by the institution of higher learning for the 
     program of education after the application of--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees; or''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to amounts payable for educational assistance for 
     pursuit of programs of education on or after that date.

     SEC. 105. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF EDUCATION 
                   OTHER THAN PROGRAMS OF EDUCATION LEADING TO A 
                   DEGREE.

       (a) Approved Programs of Education at Institutions Other 
     Than Institutions of Higher Learning.--Subsection (b) of 
     section 3313 is amended by striking ``is offered by an 
     institution of higher learning (as that term is defined in 
     section 3452(f)) and''.
       (b) Assistance for Pursuit of Programs of Education Other 
     Than Programs of Education Leading to a Degree.--Such section 
     is further amended--
       (1) by striking subsection (h);
       (2) by redesignating subsection (g) as subsection (h); and
       (3) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Programs of Education Other Than Programs of 
     Education Leading to a Degree.--
       ``(1) In general.--Educational assistance is payable under 
     this chapter for pursuit of an approved program of education 
     other than a program of education leading to a degree at an 
     institution other than an institution of higher learning (as 
     that term is defined in section 3452(f)).
       ``(2) Pursuit on half-time basis or less.--The payment of 
     educational assistance under this chapter for pursuit of a 
     program of education otherwise described in paragraph (1) on 
     a half-time basis or less is governed by subsection (f).
       ``(3) Amount of assistance.--The amounts of educational 
     assistance payable under this chapter to an individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education covered by this 
     subsection are as follows:
       ``(A) In the case of an individual enrolled in a program of 
     education (other than a program described in subparagraphs 
     (B) through (D)) in pursuit of a certificate or other non-
     college degree, the following:
       ``(i) Subject to clause (iv), an amount equal to the lesser 
     of--

       ``(I) the actual net cost for in-State tuition and fees 
     assessed by the institution concerned for the program of 
     education after the application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $20,000; or
       ``(bb) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subclause, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).
       ``(ii) Except in the case of an individual pursuing a 
     program of education on a half-time or less basis and subject 
     to clause (iv), a monthly housing stipend equal to the 
     product--

       ``(I) of--

       ``(aa) in the case of an individual pursuing resident 
     training, the monthly amount of the basic allowance for 
     housing payable under section 403 of title 37 for a member 
     with dependents in pay grade E-5 residing in the military 
     housing area that encompasses all or the majority portion of 
     the ZIP code area in which is located the institution at 
     which the individual is enrolled; or
       ``(bb) in the case of an individual pursuing a program of 
     education through distance learning, a monthly amount equal 
     to 50 percent of the amount payable under item (aa), 
     multiplied by

       ``(II) the lesser of--

       ``(aa) 1.0; or
       ``(bb) the number of course hours borne by the individual 
     in pursuit of the program of education involved, divided by 
     the minimum number of course hours required for full-time 
     pursuit of such program of education, rounded to the nearest 
     multiple of 10.
       ``(iii) Subject to clause (iv), a monthly stipend in an 
     amount equal to $83 for each month (or pro rata amount for a 
     partial month) of training pursued for books supplies, 
     equipment, and other educational costs.
       ``(iv) In the case of an individual entitled to educational 
     assistance by reason of paragraphs (3) through (8) of section 
     3311(b), the amounts payable pursuant to clauses (i), (ii), 
     and (iii) shall be the amounts otherwise determined pursuant 
     to such clauses multiplied by the same percentage applicable 
     to the monthly amounts

[[Page 19729]]

     payable to the individual under paragraphs (2) through (7) of 
     subsection (c).
       ``(B) In the case of an individual pursuing a full-time 
     program of apprenticeship or other on-job training, amounts 
     as follows:
       ``(i) Subject to clauses (iii) and (iv), for each month the 
     individual pursues the program of education, a monthly 
     housing stipend equal to--

       ``(I) during the first six-month period of the program, the 
     monthly amount of the basic allowance for housing payable 
     under section 403 of title 37 for a member with dependents in 
     pay grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the employer at which the individual 
     pursues such program;
       ``(II) during the second six-month period of the program, 
     80 percent of the monthly amount of the basic allowance for 
     housing payable as described in subclause (I);
       ``(III) during the third six-month period of the program, 
     60 percent of the monthly amount of the basic allowance for 
     housing payable as described in subclause (I);
       ``(IV) during the fourth six-month period of such program, 
     40 percent of the monthly amount of the basic allowance for 
     housing payable as described in subclause (I); and
       ``(V) during any month after the first 24 months of such 
     program, 20 percent of the monthly amount of the basic 
     allowance for housing payable as described in subclause (I).

       ``(ii) Subject to clauses (iii) and (iv), a monthly stipend 
     in an amount equal to $83 for each month (or pro rata amount 
     for each partial month) of training pursued for books 
     supplies, equipment, and other educational costs.
       ``(iii) In the case of an individual entitled to 
     educational assistance by reason of paragraphs (3) through 
     (8) of sections 3311(b), the amounts payable pursuant to 
     clauses (i) and (ii) shall be the amounts otherwise 
     determined pursuant to such clauses multiplied by the same 
     percentage applicable to the monthly amounts payable to the 
     individual under paragraphs (2) through (7) of subsection 
     (c).
       ``(iv) In any month in which an individual pursuing a 
     program of education consisting of a program of 
     apprenticeship or other on-job training fails to complete 120 
     hours of training, the amount of monthly educational 
     assistance allowance payable under clauses (i) and (iii) to 
     the individual shall be limited to the same proportion of the 
     applicable rate determined under this subparagraph as the 
     number of hours worked during such month, rounded to the 
     nearest eight hours, bears to 120 hours.
       ``(C) In the case of an individual enrolled in a program of 
     education consisting of flight training (regardless of the 
     institution providing such program of education), an amount 
     equal to--
       ``(i) the lesser of--

       ``(I) the actual net cost for in-State tuition and fees 
     assessed by the institution concerned for the program of 
     education after the application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $12,000; or
       ``(bb) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subclause, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h), multiplied by--
       ``(ii) either--

       ``(I) in the case of an individual entitled to educational 
     assistance by reason of paragraphs (1), (2), or (9) of 
     section 3311(b), 100 percent; or
       ``(II) in the case of an individual entitled to educational 
     assistance by reason of paragraphs (3) through (8) of section 
     3311(b), the same percentage as would otherwise apply to the 
     monthly amounts payable to the individual under paragraphs 
     (2) through (7) of subsection (c).

       ``(D) In the case of an individual enrolled in a program of 
     education that is pursued exclusively by correspondence 
     (regardless of the institution providing such program of 
     education), an amount equal to--
       ``(i) the lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution concerned for the program of education after 
     the application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees.

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $10,000; or
       ``(bb) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subclause, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h), multiplied by--
       ``(ii) either--

       ``(I) in the case of an individual entitled to educational 
     assistance by reason of paragraphs (1), (2), or (9) of 
     section 3311(b), 100 percent; or
       ``(II) in the case of an individual entitled to educational 
     assistance by reason of paragraphs (3) through (8) of section 
     3311(b), the same percentage as would otherwise apply to the 
     monthly amounts payable to the individual under paragraphs 
     (2) through (7) of subsection (c).

       ``(4) Frequency of payment.--
       ``(A) Quarter, semester, or term payments.--Payment of the 
     amounts payable under paragraph (3)(A)(i) for pursuit of a 
     program of education shall be made for the entire quarter, 
     semester, or term, as applicable, of the program of 
     education.
       ``(B) Monthly payments.--Payment of the amounts payable 
     under paragraphs (3)(A)(ii) and (3)(B)(i) for pursuit of a 
     program of education shall be made on a monthly basis.
       ``(C) Lump sum payments.--
       ``(i) Payment for the amount payable under paragraphs 
     (3)(A)(iii) and (3)(B)(ii) shall be paid to the individual 
     for the first month of each quarter, semester, or term, as 
     applicable, of the program education pursued by the 
     individual.
       ``(ii) Payment of the amount payable under paragraph (3)(C) 
     for pursuit of a program of education shall be made upon 
     receipt of certification for training completed by the 
     individual and serviced by the training facility.
       ``(D) Quarterly payments.--Payment of the amounts payable 
     under paragraph (3)(D) for pursuit of a program of education 
     shall be made quarterly on a pro rata basis for the lessons 
     completed by the individual and serviced by the institution.
       ``(5) Charge against entitlement for certificate and other 
     non-college degree programs.--
       ``(A) In general.--In the case of amounts paid under 
     paragraph (3)(A)(i) for pursuit of a program of education, 
     the charge against entitlement to educational assistance 
     under this chapter of the individual for whom such payment is 
     made shall be one month for each of--
       ``(i) the amount so paid, divided by
       ``(ii) subject to subparagraph (B), the amount equal to 
     one-twelfth of the amount applicable in the academic year in 
     which the payment is made under paragraph (3)(A)(i)(II).
       ``(B) Pro rata adjustment based on certain eligibility.--If 
     the amount otherwise payable with respect to an individual 
     under paragraph (3)(A)(i) is subject to a percentage 
     adjustment under paragraph (3)(A)(iv), the amount applicable 
     with respect to the individual under subparagraph (A)(ii) 
     shall be the amount otherwise determined pursuant to such 
     subparagraph subject to a percentage adjustment equal to the 
     percentage adjustment applicable with respect to the 
     individual under paragraph (3)(A)(iv).''.
       (c) Payment of Amounts to Educational Institutions.--
     Subsection (h) of section 3313, as redesignated by subsection 
     (b)(2) of this section, is amended by inserting ``, and under 
     subparagraphs (A)(i), (C), and (D) of subsection (g)(3),'' 
     after ``(f)(2)(A)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to amounts payable for educational assistance for 
     pursuit of programs of education on or after that date.

     SEC. 106. DETERMINATION OF MONTHLY HOUSING STIPEND PAYMENTS 
                   FOR ACADEMIC YEARS.

       (a) In General.--Section 3313, as amended by this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(i) Determination of Housing Stipend Payments for 
     Academic Years.--Any monthly housing stipend payable under 
     this section during the academic year beginning on August 1 
     of a calendar year shall be determined utilizing rates for 
     basic allowances for housing payable under section 403 of 
     title 37 in effect as of January 1 of such calendar year.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2011.

     SEC. 107. AVAILABILITY OF ASSISTANCE FOR LICENSURE AND 
                   CERTIFICATION TESTS.

       (a) Availability of Assistance for Additional Tests.--
     Subsection (a) of section 3315 is amended by striking ``one 
     licensing or certification test'' and inserting ``licensing 
     or certification tests''.
       (b) Charge Against Entitlement for Receipt of Assistance.--
       (1) In general.--Subsection (c) of such section is amended 
     to read as follows:
       ``(c) Charge Against Entitlement.--The charge against an 
     individual's entitlement under this chapter for payment for a 
     licensing or certification test shall be determined at the 
     rate of one month (rounded to the nearest whole month) for 
     each amount paid that equals--
       ``(1) for the academic year beginning on August 1, 2011, 
     $1,667; or
       ``(2) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subsection, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).''.
       (2) Conforming amendments.--Subsection (b) of such section 
     is amended--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(3) the amount of entitlement available to the individual 
     under this chapter at the time of payment for the test under 
     this section.''.

[[Page 19730]]

       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to licensure and certification tests taken on or 
     after that date.

     SEC. 108. NATIONAL TESTS.

       (a) National Tests.--
       (1) In general.--Chapter 33 is amended by inserting after 
     section 3315 the following new section:

     ``Sec. 3315A. National tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     educational assistance for the following:
       ``(1) A national test for admission to an institution of 
     higher learning as described in the last sentence of section 
     3452(b).
       ``(2) A national test providing an opportunity for course 
     credit at an institution of higher learning as so described.
       ``(b) Amount.--The amount of educational assistance payable 
     under this chapter for a test described in subsection (a) is 
     the lesser of--
       ``(1) the fee charged for the test; or
       ``(2) the amount of entitlement available to the individual 
     under this chapter at the time of payment for the test under 
     this section.
       ``(c) Charge Against Entitlement.--The number of months of 
     entitlement charged an individual under this chapter for a 
     test described in subsection (a) shall be determined at the 
     rate of one month (rounded to the nearest whole month) for 
     each amount paid that equals--
       ``(1) for the academic year beginning on August 1, 2011, 
     $1,667; or
       ``(2) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subsection, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 33 is amended by inserting after the 
     item relating to section 3315 the following new item:

``3315A. National tests.''.

       (b) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to national tests taken on or after that date.

     SEC. 109. CONTINUATION OF ENTITLEMENT TO ADDITIONAL 
                   EDUCATIONAL ASSISTANCE FOR CRITICAL SKILLS OR 
                   SPECIALTY.

       (a) In General.--Section 3316 is amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Continuation of Increased Educational Assistance.--
       ``(1) In general.--An individual who made an election to 
     receive educational assistance under this chapter pursuant to 
     section 5003(c)(1)(A) of the Post-9/11 Veterans Educational 
     Assistance Act of 2008 (38 U.S.C. 3301 note) and who, at the 
     time of the election, was entitled to increased educational 
     assistance under section 3015(d) or section 16131(i) of title 
     10 shall remain entitled to increased educational assistance 
     in the utilization of the individual's entitlement to 
     educational assistance under this chapter.
       ``(2) Rate.--The monthly rate of increased educational 
     assistance payable to an individual under paragraph (1) shall 
     be--
       ``(A) the rate of educational assistance otherwise payable 
     to the individual under section 3015(d) or section 16131(i) 
     of title 10, as the case may be, had the individual not made 
     the election described in paragraph (1), multiplied by
       ``(B) the lesser of--
       ``(i) 1.0; or
       ``(ii) the number of course hours borne by the individual 
     in pursuit of the program of education involved divided by 
     the minimum number of course hours required for full-time 
     pursuit of the program of education, rounded to the nearest 
     multiple of 10.
       ``(3) Frequency of payment.--Payment of the amounts payable 
     under paragraph (1) during pursuit of a program of education 
     shall be made on a monthly basis.''.
       (b) Clarification on Funding of Increased Assistance.--
       (1) In general.--Such section is further amended by 
     inserting after subsection (c), as added by subsection (a)(2) 
     of this section, the following new subsection:
       ``(d) Funding.--Payments for increased educational 
     assistance under this section shall be made from the 
     Department of Defense Education Benefits Fund under section 
     2006 of title 10 or from appropriations available to the 
     Department of Homeland Security for that purpose, as 
     applicable.''.
       (2) Conforming amendments.--Section 2006(b) of title 10, 
     United States Code, is amended--
       (A) in paragraph (1), by inserting ``or 33'' after 
     ``chapter 30''; and
       (B) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(E) The present value of any future benefits payable from 
     the Fund for amounts attributable to increased amounts of 
     educational assistance authorized by section 3316 of title 
     38.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

     SEC. 110. TRANSFER OF UNUSED EDUCATION BENEFITS.

       (a) Availability of Transfer Authority for Members of PHS 
     and NOAA.--Section 3319 is amended--
       (1) by striking ``Armed Forces'' each place it appears 
     (other than in subsection (a)) and inserting ``uniformed 
     services''; and
       (2) by striking subsection (k).
       (b) Scope and Exercise of Authority.--Subsection (a) of 
     such section is amended--
       (1) by striking ``Subject to the provisions of this 
     section,'' and all that follows through ``to permit'' and 
     inserting ``(1) Subject to the provisions of this section, 
     the Secretary concerned may permit''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The purpose of the authority in paragraph (1) is to 
     promote recruitment and retention in the uniformed services. 
     The Secretary concerned may exercise the authority for that 
     purpose when authorized by the Secretary of Defense in the 
     national security interests of the United States.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

     SEC. 111. BAR TO DUPLICATION OF CERTAIN EDUCATIONAL 
                   ASSISTANCE BENEFITS.

       (a) Bar To Concurrent Receipt of Transferred Education 
     Benefits and Marine Gunnery Sergeant John David Fry 
     Scholarship Assistance.--Section 3322 is amended by adding at 
     the end the following new subsection:
       ``(e) Bar To Concurrent Receipt of Transferred Education 
     Benefits and Marine Gunnery Sergeant John David Fry 
     Scholarship Assistance.--An individual entitled to 
     educational assistance under both sections 3311(b)(9) and 
     3319 may not receive assistance under both provisions 
     concurrently, but shall elect (in such form and manner as the 
     Secretary may prescribe) under which provision to receive 
     educational assistance.''.
       (b) Bar To Receipt of Compensation and Pension and Marine 
     Gunnery Sergeant John David Fry Scholarship Assistance.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(f) Bar To Receipt of Compensation and Pension and Marine 
     Gunnery Sergeant John David Fry Scholarship Assistance.--The 
     commencement of a program of education under section 
     3311(b)(9) shall be a bar to the following:
       ``(1) Subsequent payments of dependency and indemnity 
     compensation or pension based on the death of a parent to an 
     eligible person over the age of 18 years by reason of 
     pursuing a course in an educational institution.
       ``(2) Increased rates, or additional amounts, of 
     compensation, dependency and indemnity compensation, or 
     pension because of such a person, whether eligibility is 
     based upon the death of the parent.''.
       (c) Bar To Concurrent Receipt of Transferred Education 
     Benefits.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(g) Bar To Concurrent Receipt of Transferred Education 
     Benefits.--A spouse or child who is entitled to educational 
     assistance under this chapter based on a transfer of 
     entitlement from more than one individual under section 3319 
     may not receive assistance based on transfers from more than 
     one such individual concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     source to utilize such assistance at any one time.''.
       (d) Bar To Duplication of Eligibility Based on a Single 
     Event.--Such section is further amended by adding at the end 
     the following new subsection:
       ``(h) Bar To Duplication of Eligibility Based on a Single 
     Event or Period of Service.--
       ``(1) Active-duty service.--An individual with qualifying 
     service in the Armed Forces that establishes eligibility on 
     the part of such individual for educational assistance under 
     this chapter, chapter 30 or 32 of this title, and chapter 
     1606 or 1607 of title 10, shall elect (in such form and 
     manner as the Secretary may prescribe) under which authority 
     such service is to be credited.
       ``(2) Eligibility for educational assistance based on 
     parent's service.--A child of a member of the Armed Forces 
     who, on or after September 11, 2001, dies in the line of duty 
     while serving on active duty, who is eligible for educational 
     assistance under either section 3311(b)(9) or chapter 35 of 
     this title based on the parent's death may not receive such 
     assistance under both this chapter and chapter 35 of this 
     title, but shall elect (in such form and manner as the 
     Secretary may prescribe) under which chapter to receive such 
     assistance.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

     SEC. 112. TECHNICAL AMENDMENTS.

       (a) Section 3313.--Section 3313 is amended--
       (1) by striking ``higher education'' each place it appears 
     and inserting ``higher learning''; and
       (2) in clause (iii) of subparagraph (A) of subsection 
     (e)(2), as redesignated by section 103(a)(2) of this Act, by 
     adding a period at the end.
       (b) Section 3319.--Section 3319(b)(2) is amended by 
     striking ``to section (k)'' and inserting ``to subsection 
     (j)''.
       (c) Section 3323.--Section 3323(a) is amended by striking 
     ``section 3034(a)(1)'' and inserting ``sections 3034(a)(1) 
     and 3680(c)''.

[[Page 19731]]



             TITLE II--OTHER EDUCATIONAL ASSISTANCE MATTERS

     SEC. 201. EXTENSION OF DELIMITING DATES FOR USE OF 
                   EDUCATIONAL ASSISTANCE BY PRIMARY CAREGIVERS OF 
                   SERIOUSLY INJURED VETERANS AND MEMBERS OF THE 
                   ARMED FORCES.

       (a) All-volunteer Force Educational Assistance.--Subsection 
     (d) of section 3031 is amended to read as follows:
       ``(d)(1) In the case of an individual eligible for 
     educational assistance under this chapter who is prevented 
     from pursuing the individual's chosen program of education 
     before the expiration of the 10-year period for the use of 
     entitlement under this chapter otherwise applicable under 
     this section because of a physical or mental disability which 
     is not the result of the individual's own willful misconduct, 
     such 10-year period--
       ``(A) shall not run during the period the individual is so 
     prevented from pursuing such program; and
       ``(B) shall again begin running on the first day after the 
     individual's recovery from such disability on which it is 
     reasonably feasible, as determined under regulations 
     prescribed by the Secretary, for the individual to initiate 
     or resume pursuit of a program of education with educational 
     assistance under this chapter.
       ``(2)(A) Subject to subparagraph (B), in the case of an 
     individual eligible for educational assistance under this 
     chapter who is prevented from pursuing the individual's 
     chosen program of education before the expiration of the 10-
     year period for the use of entitlement under this chapter 
     otherwise applicable under this section by reason of acting 
     as the primary provider of personal care services for a 
     veteran or member of the Armed Forces under section 1720G(a) 
     of this title, such 10-year period--
       ``(i) shall not run during the period the individual is so 
     prevented from pursuing such program; and
       ``(ii) shall again begin running on the first day after the 
     date of the recovery of the veteran or member from the 
     injury, or the date on which the individual ceases to be the 
     primary provider of personal care services for the veteran or 
     member, whichever is earlier, on which it is reasonably 
     feasible, as so determined, for the individual to initiate or 
     resume pursuit of a program of education with educational 
     assistance under this chapter.
       ``(B) Subparagraph (A) shall not apply with respect to the 
     period of an individual as a primary provider of personal 
     care services if the period concludes with the revocation of 
     the individual's designation as such a primary provider under 
     section 1720G(a)(7)(D) of this title.''.
       (b) Certain Transferees of Post-9/11 Educational 
     Assistance.--Paragraph (5) of section 3319(h) is amended to 
     read as follows:
       ``(5) Limitation on age of use by child transferees.--
       ``(A) In general.--A child to whom entitlement is 
     transferred under this section may use the benefits 
     transferred without regard to the 15-year delimiting date 
     specified in section 3321, but may not, except as provided in 
     subparagraph (B), use any benefits so transferred after 
     attaining the age of 26 years.
       ``(B) Primary caregivers of seriously injured members of 
     the armed forces and veterans.--
       ``(i) In general.--Subject to clause (ii), in the case of a 
     child who, before attaining the age of 26 years, is prevented 
     from pursuing a chosen program of education by reason of 
     acting as the primary provider of personal care services for 
     a veteran or member of the Armed Forces under section 
     1720G(a), the child may use the benefits beginning on the 
     date specified in clause (iii) for a period whose length is 
     specified in clause (iv).
       ``(ii) Inapplicability for revocation.--Clause (i) shall 
     not apply with respect to the period of an individual as a 
     primary provider of personal care services if the period 
     concludes with the revocation of the individual's designation 
     as such a primary provider under section 1720G(a)(7)(D).
       ``(iii) Date for commencement of use.--The date specified 
     in this clause for the beginning of the use of benefits by a 
     child under clause (i) is the later of--

       ``(I) the date on which the child ceases acting as the 
     primary provider of personal care services for the veteran or 
     member concerned as described in clause (i);
       ``(II) the date on which it is reasonably feasible, as 
     determined under regulations prescribed by the Secretary, for 
     the child to initiate or resume the use of benefits; or
       ``(III) the date on which the child attains the age of 26 
     years.

       ``(iv) Length of use.--The length of the period specified 
     in this clause for the use of benefits by a child under 
     clause (i) is the length equal to the length of the period 
     that--

       ``(I) begins on the date on which the child begins acting 
     as the primary provider of personal care services for the 
     veteran or member concerned as described in clause (i); and
       ``(II) ends on the later of--

       ``(aa) the date on which the child ceases acting as the 
     primary provider of personal care services for the veteran or 
     member as described in clause (i); or
       ``(bb) the date on which it is reasonably feasible, as so 
     determined, for the child to initiate or resume the use of 
     benefits.''.
       (c) Survivors' and Dependents' Educational Assistance.--
     Subsection (c) of section 3512 is amended to read as follows:
       ``(c)(1) Notwithstanding subsection (a) and subject to 
     paragraph (2), an eligible person may be afforded educational 
     assistance beyond the age limitation applicable to the person 
     under such subsection if--
       ``(A) the person suspends pursuit of such person's program 
     of education after having enrolled in such program within the 
     time period applicable to such person under such subsection;
       ``(B) the person is unable to complete such program after 
     the period of suspension and before attaining the age 
     limitation applicable to the person under such subsection; 
     and
       ``(C) the Secretary finds that the suspension was due to 
     either of the following:
       ``(i) The actions of the person as the primary provider of 
     personal care services for a veteran or member of the Armed 
     Forces under section 1720G(a) of this title.
       ``(ii) Conditions otherwise beyond the control of the 
     person.
       ``(2) Paragraph (1) shall not apply with respect to the 
     period of an individual as a primary provider of personal 
     care services if the period concludes with the revocation of 
     the individual's designation as such a primary provider under 
     section 1720G(a)(7)(D) of this title.
       ``(3) Educational assistance may not be afforded a person 
     under paragraph (1) after the earlier of--
       ``(A) the age limitation applicable to the person under 
     subsection (a), plus a period of time equal to the period the 
     person was required to suspend pursuit of the person's 
     program of education as described in paragraph (1); or
       ``(B) the date of the person's thirty-first birthday.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to preventions and suspension of pursuit of programs 
     of education that commence on or after that date.

     SEC. 202. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE 
                   UNDER NATIONAL CALL TO SERVICE AND OTHER 
                   PROGRAMS OF EDUCATIONAL ASSISTANCE.

       (a) Bar to Duplication of Educational Assistance 
     Benefits.--Section 3322(a) is amended by inserting ``or 
     section 510'' after ``or 1607''.
       (b) Limitation on Concurrent Receipt of Educational 
     Assistance.--Section 3681(b)(2) is amended by inserting ``and 
     section 510'' after ``and 107''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011

     SEC. 203. APPROVAL OF COURSES.

       (a) Constructive Approval of Certain Courses.--
       (1) In general.--Section 3672(b) is amended--
       (A) by inserting ``(1)'' after ``(b)''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 
     3684, and 3696 of this title, the following programs are 
     deemed to be approved for purposes of this chapter:
       ``(i) An accredited standard college degree program offered 
     at a public or not-for-profit proprietary educational 
     institution that is accredited by an agency or association 
     recognized for that purpose by the Secretary of Education.
       ``(ii) A flight training course approved by the Federal 
     Aviation Administration that is offered by a certified pilot 
     school that possesses a valid Federal Aviation Administration 
     pilot school certificate.
       ``(iii) An apprenticeship program registered with the 
     Office of Apprenticeship (OA) of the Employment Training 
     Administration of the Department of Labor or a State 
     apprenticeship agency recognized by the Office of 
     Apprenticeship pursuant to the Act of August 16, 1937 
     (popularly known as the `National Apprenticeship Act'; 29 
     U.S.C. 50 et seq.).
       ``(iv) A program leading to a secondary school diploma 
     offered by a secondary school approved in the State in which 
     it is operating.
       ``(B) A licensure test offered by a Federal, State, or 
     local government is deemed to be approved for purposes of 
     this chapter.''.
       (2) Conforming amendments.--
       (A) Paragraph (3) of section 3034(d) is amended to read as 
     follows:
       ``(3) the flight school courses are approved by the Federal 
     Aviation Administration and are offered by a certified pilot 
     school that possesses a valid Federal Aviation Administration 
     pilot school certificate.''.
       (B) Section 3671(b)(2) is amended by striking ``In the 
     case'' and inserting ``Except as otherwise provided in this 
     chapter, in the case''.
       (C) Section 3689(a)(1) is amended by inserting after 
     ``unless'' the following: ``the test is deemed approved by 
     section 3672(b)(2)(B) of this title or''.
       (b) Use of State Approving Agencies for Compliance and 
     Oversight Activities.--Section 3673 is amended by adding at 
     the end the following new subsection:
       ``(d) Use of State Approving Agencies for Compliance and 
     Oversight Activities.--The Secretary may utilize the services 
     of a State approving agency for such compliance and oversight 
     purposes as the Secretary considers appropriate without 
     regard to whether the Secretary or the agency approved the 
     courses offered in the State concerned.''.
       (c) Approval of Accredited Courses.--
       (1) In general.--Subsection (a)(1) of section 3675 is 
     amended by striking ``A State approving agency may approve 
     the courses offered by an educational institution'' and 
     inserting ``The Secretary or a State approving agency may 
     approve accredited programs (including non-degree accredited 
     programs) offered by proprietary for-profit educational 
     institutions''.

[[Page 19732]]

       (2) Condition of approval.--Subsection (b) of such section 
     is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``the Secretary or'' after ``this section,''; and
       (B) is amended by inserting ``the Secretary or'' after ``as 
     prescribed by''.
       (d) Disapproval of Courses.--Section 3679(a) is amended by 
     inserting ``the Secretary or'' after ``disapproved by'' both 
     places it appears.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

     SEC. 204. REPORTING FEES.

       (a) Increase in Amount of Fees.--Section 3684(c) is 
     amended--
       (1) by striking ``multiplying $7'' and inserting 
     ``multiplying $12''; and
       (2) by striking ``or $11'' and inserting ``or $15''.
       (b) Use of Fees Paid.--Such section is further amended by 
     inserting after the fourth sentence the following new 
     sentence: ``Any reporting fee paid an educational institution 
     or joint apprenticeship training committee after the date of 
     the enactment of the Post-9/11 Veterans Educational 
     Assistance Improvements Act of 2011 shall be utilized by such 
     institution or committee solely for the making of 
     certifications required under this chapter or chapter 31, 34, 
     or 35 of this title or for otherwise supporting programs for 
     veterans.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

     SEC. 205. ELECTION FOR RECEIPT OF ALTERNATE SUBSISTENCE 
                   ALLOWANCE FOR CERTAIN VETERANS WITH SERVICE-
                   CONNECTED DISABILITIES UNDERGOING TRAINING AND 
                   REHABILITATION.

       (a) Election Authorized.--Section 3108(b) is amended by 
     adding at the end the following new paragraph:
       ``(4) A veteran entitled to a subsistence allowance under 
     this chapter and educational assistance under chapter 33 of 
     this title may elect to receive payment from the Secretary in 
     lieu of an amount otherwise determined by the Secretary under 
     this subsection in an amount equal to the applicable monthly 
     amount of basic allowance for housing payable under section 
     403 of title 37 for a member with dependents in pay grade E-5 
     residing in the military housing area that encompasses all or 
     the majority portion of the ZIP code area in which is located 
     the institution providing rehabilitation program 
     concerned.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on August 1, 2011.

     SEC. 206. MODIFICATION OF AUTHORITY TO MAKE CERTAIN INTERVAL 
                   PAYMENTS.

       (a) In General.--The flush matter following clause (3)(B) 
     of section 3680(a) is amended by striking ``of this 
     subsection--'' and all that follows and inserting ``of this 
     subsection during periods when schools are temporarily closed 
     under an established policy based on an Executive order of 
     the President or due to an emergency situation. However, the 
     total number of weeks for which allowances may continue to be 
     so payable in any 12-month period may not exceed 4 weeks.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on August 1, 2011.

  Mr. DURBIN. I ask unanimous consent that the committee-reported 
substitute amendment be considered and that the Akaka amendment which 
is at the desk be agreed to; the committee substitute amendment, as 
amended, be agreed to; the bill, as amended, be read a third time; and 
that the budgetary pay-go statement be read.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       Mr. Conrad: This is the Statement of Budgetary Effects of 
     PAYGO Legislation for S. 3447, as amended.

       Total Budgetary Effects of S. 3447 for the 5-year Statutory 
     PAYGO Scorecard: net decrease in the deficit of $1 million.
       Total Budgetary Effects of S. 3447 for the 10-year 
     Statutory PAYGO Scorecard: net decrease in the deficit of 
     $734 million.

       Also submitted for the Record as part of this statement is 
     a table prepared by the Congressional Budget Office, which 
     provides additional information on the budgetary effects of 
     this Act, as follows:

 CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 3447, THE POST-9/11 VETERANS EDUCATIONAL ASSISTANCE IMPROVEMENTS ACT OF 2010 (AS REPORTED ON
                                   OCTOBER 26, 2010), WITH AN AMENDMENT (ARM10D13) PROVIDED TO CBO ON DECEMBER 2, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             By fiscal year, in millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2011     2012     2013     2014     2015     2016     2017     2018     2019     2020   2011-2015  2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact..........      -16      -28       69       10      -36      -83     -121     -153     -176     -200        -1       -734
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: S. 3447 as amended contains several provisions that would both increase and decrease the costs of veterans' education programs.
Source: Congressional Budget Office.

  Mr. AKAKA. Madam President, as chairman of the Senate Committee on 
Veterans' Affairs, I am delighted to bring before the Senate S. 3447, 
the Post-9/11 Veterans' Educational Assistance Improvements Act of 
2010.
  This measure, together with the managers' amendment, is based on the 
legislation I introduced on May 27, 2010. Hearings were held on the 
bill on July 21, 2010, and on August 5, 2010, the committee ordered the 
measure to be reported. The committee's report was filed on October 26, 
2010.
  The purpose of this legislation is to make modifications in the 
program of educational assistance operated under chapter 33 of title 
38, United States Code, for veterans who have served on active duty 
since September 11, 2001. It would provide for a streamlined, less 
complex, and more equitable program, and expand certain opportunities 
for training and education, including on-job and vocational training. 
It would also correct a number of inadvertent omissions and errors in 
the new chapter 33 program as enacted in 2008 as title V of Public Law 
110-252, the Supplemental Appropriations Act, 2008.
  As one who knows, from firsthand experience, the value of G.I. bill 
benefits and how they can substantially enhance all aspects of an 
individual's life, I believe that it is critical that we move toward 
making this new G.I. bill for today's veterans the best that it can be. 
And that is what my bill is intended to do.
  In 2008, I was pleased to join with our distinguished colleague from 
Virginia, Mr. Webb, as a cosponsor of the original measure which 
established this new program. However, since the process leading to the 
enactment of this new program was outside the framework of the usual 
committee route for development and consideration of legislation, there 
are a number of issues with the new program that require legislative 
remedies. In addition, VA's yearlong experience with the program has 
made it clear that the new program is very complex, difficult to 
understand, and results in unintended inequities.
  I worked with my colleagues here in the Senate, with the Department 
of Veterans' Affairs, and with various veteran and other organizations 
to craft legislation that addresses many of the problems and will, in 
addition, make additional valuable educational opportunities for 
veterans available through on-job and apprenticeship training. Because 
the details of the legislation are described in detail in the 
committee's report on S. 3447--Senate Report 111-34--I will just 
highlight a few of the provisions.
  First, the bill would allow members of the National Guard and Reserve 
to benefit from the new program. These individuals--those activated 
under the authority of title 32 by orders of the President or the 
Secretary of Defense to support a national security mission--were 
inadvertently omitted from the program when it was enacted in 2008 and 
the pending measure would remedy this oversight.
  Second, the bill would simplify the payments. Instead of a complex 
and sometimes inequitable benefits calculation based on a State-by-
State determination, this measure would provide that if an individual 
is enrolled in a program of education at a public institution of higher 
learning, VA would pay the cost of tuition and fees. If an individual 
is enrolled in other than a public institution, VA would pay up to a 
national cap that will be adjusted annually based on increases in the 
cost of education. My measure sets the initial cap at $17,500.

[[Page 19733]]

  Third, the bill would expand the options available to individuals and 
provide that benefits could be paid for the pursuit of apprenticeship 
and on-job training as well as for pursuit of a vocational goal. This 
will open up the doors for valuable benefits for those who choose these 
options.
  Fourth, the bill would expand the program to authorize the payment of 
the $1,000 annual book allowance to individuals who are attending 
school while on active duty. It would also permit veterans and 
servicemembers to use benefits for multiple licensing and certification 
courses.
  Finally, this measure would permit service-connected disabled 
veterans enrolled in a program of vocational rehabilitation under 
chapter 31 of title 38 who also have eligibility for the new Post-9/11 
G.I. bill program to select under which program to receive a living or 
subsistence allowance. This will remove the economic incentive for an 
individual to forgo the valuable assistance available under the chapter 
31 program in exchange for a higher living stipend under the chapter 33 
program.
  While I am pleased that we have been able to produce this package of 
improvements that will go a long way toward making the new program the 
best that it can be, I note that we still have much to do in this area. 
There are questions and issues that have not been addressed in this 
measure--such as how to ensure that veterans using their benefits are 
afforded a quality education, a 48-month cap on the total amount of 
benefits available under all the programs of educational assistance 
offered by VA, and the overall need to curb instances of fraud, abuse, 
and misuse of benefits. I am certain this list can only grow longer.
  But this marks an important first step and I look forward to 
continuing to working with my colleagues here and in the House of 
Representatives as we continue to move through the legislative process 
to do what needs to be done.
  In closing, I extend a note of personal thanks to the committee's 
distinguished ranking member from North Carolina, Mr. Burr, and his 
staff member, Amanda Meredith, whose hard work and dedication are much 
appreciated.
  I urge the Senate to pass the pending measure.
  The amendment (No. 4802) was agreed to, as follows:

       On page 22, in the matter following line 17, insert after 
     the item relating to section 2 the following:

Sec. 3. Statutory Pay-As-You-Go Act compliance.

       On page 23, between lines 6 and 7, insert the following:

     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.
       On page 25, line 23, insert after the period the following: 
     ``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.''.
       On page 29, line 3, strike ``$20,000'' and insert 
     ``$17,500''.
       On page 32, strike lines 5 through 8 and insert the 
     following:
       (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.
       On page 33, strike line 7 and all that follows through page 
     34, line 8, and insert the following:
       ``(i) in the case of a program of education pursued at a 
     public institution of higher learning, the actual net cost 
     for in-State tuition and fees assessed by the institution for 
     the program of education after the application of--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees;

       ``(ii) in the case of a program of education pursued at a 
     non-public or foreign institution of higher learning, the 
     lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution for the program of education after the 
     application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $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''.
       On page 35, strike lines 12 through 17 and insert the 
     following:
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     that is 60 days after the date of the enactment of this Act, 
     and shall apply with respect to amounts payable 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.
       On page 39, line 17, strike ``$20,000'' and insert 
     ``$17,500''.
       On page 45, line 24, strike ``$12,000'' and insert 
     ``$10,000''.
       On page 47, line 25, strike ``$10,000'' and insert 
     ``$8,500''.
       On page 51, line 13, strike ``August 1, 2011'' and insert 
     ``October 1, 2011''.
       On page 52, line 21, strike ``$1,667'' and insert 
     ``$1,460''.
       On page 54, line 20, strike ``$1,667'' and insert 
     ``$1,460''.
       On page 73, line 18, strike ``August 1, 2011'' and insert 
     ``October 1, 2011''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. DURBIN. I ask unanimous consent that the bill be passed and the 
motions to reconsider be laid upon the table, with no intervening 
action or debate and any statements be printed in the Record with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3447) was passed, 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.

[[Page 19734]]

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.
       (2) One station unit training.--The amendment made by 
     subsection (a)(2) shall take effect on the date of the 
     enactment of this Act.
       (3) Entry level and skill training for the coast guard.--
     The amendment made by subsection (a)(3) shall take effect on 
     the date of the enactment of this Act, and shall apply with 
     respect to individuals entering service on or after that 
     date.
       (4) Honorable service requirement.--The amendment made by 
     subsection (b) shall take effect on the date of the enactment 
     of this Act, and shall apply with respect to discharges and 
     releases from the Armed Forces that occur on or after that 
     date.
       (5) Service in connection with attendance at coast guard 
     academy.--The amendment made by subsection (c) shall take 
     effect on the date of the enactment of this Act, and shall 
     apply with respect to individuals entering into agreements on 
     service in the Coast Guard on or after that date.

     SEC. 102. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION 
                   LEADING TO A DEGREE PURSUED AT PUBLIC, NON-
                   PUBLIC, AND FOREIGN INSTITUTIONS OF HIGHER 
                   LEARNING.

       (a) Amounts of Educational Assistance.--
       (1) In general.--Section 3313(c) is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``leading to a degree at an institution of higher learning 
     (as that term is defined in section 3452(f))'' after 
     ``program of education''; and
       (B) in paragraph (1), by striking subparagraph (A) and 
     inserting the following new subparagraph (A):
       ``(A) An amount equal to the following:
       ``(i) In the case of a program of education pursued at a 
     public institution of higher learning, the actual net cost 
     for in-State tuition and fees assessed by the institution for 
     the program of education after the application of--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees.

       ``(ii) In the case of a program of education pursued at a 
     non-public or foreign institution of higher learning, the 
     lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution for the program of education after the 
     application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $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).''.
       (2) Conforming amendment.--The heading of such section is 
     amended to read as follows: ``Programs of Education Leading 
     to a Degree Pursued at Institutions of Higher Learning on 
     More Than Half-time 
     Basis.--''.
       (b) Amounts of Monthly Stipends.--Section 3313(c)(1)(B) is 
     amended--
       (1) by redesignating clause (ii) as clause (iv); and
       (2) by striking clause (i) and inserting the following new 
     clauses:
       ``(i) Except as provided in clauses (ii) and (iii), for 
     each month an individual pursues a program of education on 
     more than a half-time basis, a monthly housing stipend equal 
     to the product of--

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

       ``(aa) 1.0; or
       ``(bb) the number of course hours borne by the individual 
     in pursuit of the program of education, divided by the 
     minimum number of course hours required for full-time pursuit 
     of the program of education, rounded to the nearest multiple 
     of 10.
       ``(ii) In the case of an individual pursuing a program of 
     education at a foreign institution of higher learning on more 
     than a half-time basis, for each month the individual pursues 
     the program of education, a monthly housing stipend equal to 
     the product of--

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

[[Page 19735]]

       ``(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--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees;

       ``(ii) in the case of a program of education pursued at a 
     non-public or foreign institution of higher learning, the 
     lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution for the program of education after the 
     application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $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 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--

       ``(I) any waiver of, or reduction in, tuition and fees; and
       ``(II) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees; or''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to amounts payable for educational assistance for 
     pursuit of programs of education on or after that date.

     SEC. 105. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF EDUCATION 
                   OTHER THAN PROGRAMS OF EDUCATION LEADING TO A 
                   DEGREE.

       (a) Approved Programs of Education at Institutions Other 
     Than Institutions of Higher Learning.--Subsection (b) of 
     section 3313 is amended by striking ``is offered by an 
     institution of higher learning (as that term is defined in 
     section 3452(f)) and''.
       (b) Assistance for Pursuit of Programs of Education Other 
     Than Programs of Education Leading to a Degree.--Such section 
     is further amended--
       (1) by striking subsection (h);
       (2) by redesignating subsection (g) as subsection (h); and
       (3) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Programs of Education Other Than Programs of 
     Education Leading to a Degree.--
       ``(1) In general.--Educational assistance is payable under 
     this chapter for pursuit of an approved program of education 
     other than a program of education leading to a degree at an 
     institution other than an institution of higher learning (as 
     that term is defined in section 3452(f)).
       ``(2) Pursuit on half-time basis or less.--The payment of 
     educational assistance under this chapter for pursuit of a 
     program of education otherwise described in paragraph (1) on 
     a half-time basis or less is governed by subsection (f).
       ``(3) Amount of assistance.--The amounts of educational 
     assistance payable under this chapter to an individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education covered by this 
     subsection are as follows:
       ``(A) In the case of an individual enrolled in a program of 
     education (other than a program described in subparagraphs 
     (B) through (D)) in pursuit of a certificate or other non-
     college degree, the following:
       ``(i) Subject to clause (iv), an amount equal to the lesser 
     of--

       ``(I) the actual net cost for in-State tuition and fees 
     assessed by the institution concerned for the program of 
     education after the application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1070a)) that is 
     provided directly to the institution and specifically 
     designated for the sole purpose of defraying tuition and 
     fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $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

[[Page 19736]]

     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).
       ``(ii) Except in the case of an individual pursuing a 
     program of education on a half-time or less basis and subject 
     to clause (iv), a monthly housing stipend equal to the 
     product--

       ``(I) of--

       ``(aa) in the case of an individual pursuing resident 
     training, the monthly amount of the basic allowance for 
     housing payable under section 403 of title 37 for a member 
     with dependents in pay grade E-5 residing in the military 
     housing area that encompasses all or the majority portion of 
     the ZIP code area in which is located the institution at 
     which the individual is enrolled; or
       ``(bb) in the case of an individual pursuing a program of 
     education through distance learning, a monthly amount equal 
     to 50 percent of the amount payable under item (aa), 
     multiplied by

       ``(II) the lesser of--

       ``(aa) 1.0; or
       ``(bb) the number of course hours borne by the individual 
     in pursuit of the program of education involved, divided by 
     the minimum number of course hours required for full-time 
     pursuit of such program of education, rounded to the nearest 
     multiple of 10.
       ``(iii) Subject to clause (iv), a monthly stipend in an 
     amount equal to $83 for each month (or pro rata amount for a 
     partial month) of training pursued for books supplies, 
     equipment, and other educational costs.
       ``(iv) In the case of an individual entitled to educational 
     assistance by reason of paragraphs (3) through (8) of section 
     3311(b), the amounts payable pursuant to clauses (i), (ii), 
     and (iii) shall be the amounts otherwise determined pursuant 
     to such clauses multiplied by the same percentage applicable 
     to the monthly amounts payable to the individual under 
     paragraphs (2) through (7) of subsection (c).
       ``(B) In the case of an individual pursuing a full-time 
     program of apprenticeship or other on-job training, amounts 
     as follows:
       ``(i) Subject to clauses (iii) and (iv), for each month the 
     individual pursues the program of education, a monthly 
     housing stipend equal to--

       ``(I) during the first six-month period of the program, the 
     monthly amount of the basic allowance for housing payable 
     under section 403 of title 37 for a member with dependents in 
     pay grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the employer at which the individual 
     pursues such program;
       ``(II) during the second six-month period of the program, 
     80 percent of the monthly amount of the basic allowance for 
     housing payable as described in subclause (I);
       ``(III) during the third six-month period of the program, 
     60 percent of the monthly amount of the basic allowance for 
     housing payable as described in subclause (I);
       ``(IV) during the fourth six-month period of such program, 
     40 percent of the monthly amount of the basic allowance for 
     housing payable as described in subclause (I); and
       ``(V) during any month after the first 24 months of such 
     program, 20 percent of the monthly amount of the basic 
     allowance for housing payable as described in subclause (I).

       ``(ii) Subject to clauses (iii) and (iv), a monthly stipend 
     in an amount equal to $83 for each month (or pro rata amount 
     for each partial month) of training pursued for books 
     supplies, equipment, and other educational costs.
       ``(iii) In the case of an individual entitled to 
     educational assistance by reason of paragraphs (3) through 
     (8) of sections 3311(b), the amounts payable pursuant to 
     clauses (i) and (ii) shall be the amounts otherwise 
     determined pursuant to such clauses multiplied by the same 
     percentage applicable to the monthly amounts payable to the 
     individual under paragraphs (2) through (7) of subsection 
     (c).
       ``(iv) In any month in which an individual pursuing a 
     program of education consisting of a program of 
     apprenticeship or other on-job training fails to complete 120 
     hours of training, the amount of monthly educational 
     assistance allowance payable under clauses (i) and (iii) to 
     the individual shall be limited to the same proportion of the 
     applicable rate determined under this subparagraph as the 
     number of hours worked during such month, rounded to the 
     nearest eight hours, bears to 120 hours.
       ``(C) In the case of an individual enrolled in a program of 
     education consisting of flight training (regardless of the 
     institution providing such program of education), an amount 
     equal to--
       ``(i) the lesser of--

       ``(I) the actual net cost for in-State tuition and fees 
     assessed by the institution concerned for the program of 
     education after the application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees; or

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $10,000; or
       ``(bb) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subclause, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h), multiplied by--
       ``(ii) either--

       ``(I) in the case of an individual entitled to educational 
     assistance by reason of paragraphs (1), (2), or (9) of 
     section 3311(b), 100 percent; or
       ``(II) in the case of an individual entitled to educational 
     assistance by reason of paragraphs (3) through (8) of section 
     3311(b), the same percentage as would otherwise apply to the 
     monthly amounts payable to the individual under paragraphs 
     (2) through (7) of subsection (c).

       ``(D) In the case of an individual enrolled in a program of 
     education that is pursued exclusively by correspondence 
     (regardless of the institution providing such program of 
     education), an amount equal to--
       ``(i) the lesser of--

       ``(I) the actual net cost for tuition and fees assessed by 
     the institution concerned for the program of education after 
     the application of--

       ``(aa) any waiver of, or reduction in, tuition and fees; 
     and
       ``(bb) any scholarship, or other Federal, State, 
     institutional, or employer-based aid or assistance (other 
     than loans and any funds provided under section 401(b) of the 
     Higher Education Act of 1965) that is provided directly to 
     the institution and specifically designated for the sole 
     purpose of defraying tuition and fees.

       ``(II) the amount equal to--

       ``(aa) for the academic year beginning on August 1, 2011, 
     $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)''.

[[Page 19737]]

       (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 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.

[[Page 19738]]

       ``(2) Increased rates, or additional amounts, of 
     compensation, dependency and indemnity compensation, or 
     pension because of such a person, whether eligibility is 
     based upon the death of the parent.''.
       (c) Bar To Concurrent Receipt of Transferred Education 
     Benefits.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(g) Bar To Concurrent Receipt of Transferred Education 
     Benefits.--A spouse or child who is entitled to educational 
     assistance under this chapter based on a transfer of 
     entitlement from more than one individual under section 3319 
     may not receive assistance based on transfers from more than 
     one such individual concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     source to utilize such assistance at any one time.''.
       (d) Bar To Duplication of Eligibility Based on a Single 
     Event.--Such section is further amended by adding at the end 
     the following new subsection:
       ``(h) Bar To Duplication of Eligibility Based on a Single 
     Event or Period of Service.--
       ``(1) Active-duty service.--An individual with qualifying 
     service in the Armed Forces that establishes eligibility on 
     the part of such individual for educational assistance under 
     this chapter, chapter 30 or 32 of this title, and chapter 
     1606 or 1607 of title 10, shall elect (in such form and 
     manner as the Secretary may prescribe) under which authority 
     such service is to be credited.
       ``(2) Eligibility for educational assistance based on 
     parent's service.--A child of a member of the Armed Forces 
     who, on or after September 11, 2001, dies in the line of duty 
     while serving on active duty, who is eligible for educational 
     assistance under either section 3311(b)(9) or chapter 35 of 
     this title based on the parent's death may not receive such 
     assistance under both this chapter and chapter 35 of this 
     title, but shall elect (in such form and manner as the 
     Secretary may prescribe) under which chapter to receive such 
     assistance.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

     SEC. 112. TECHNICAL AMENDMENTS.

       (a) Section 3313.--Section 3313 is amended--
       (1) by striking ``higher education'' each place it appears 
     and inserting ``higher learning''; and
       (2) in clause (iii) of subparagraph (A) of subsection 
     (e)(2), as redesignated by section 103(a)(2) of this Act, by 
     adding a period at the end.
       (b) Section 3319.--Section 3319(b)(2) is amended by 
     striking ``to section (k)'' and inserting ``to subsection 
     (j)''.
       (c) Section 3323.--Section 3323(a) is amended by striking 
     ``section 3034(a)(1)'' and inserting ``sections 3034(a)(1) 
     and 3680(c)''.

             TITLE II--OTHER EDUCATIONAL ASSISTANCE MATTERS

     SEC. 201. EXTENSION OF DELIMITING DATES FOR USE OF 
                   EDUCATIONAL ASSISTANCE BY PRIMARY CAREGIVERS OF 
                   SERIOUSLY INJURED VETERANS AND MEMBERS OF THE 
                   ARMED FORCES.

       (a) All-volunteer Force Educational Assistance.--Subsection 
     (d) of section 3031 is amended to read as follows:
       ``(d)(1) In the case of an individual eligible for 
     educational assistance under this chapter who is prevented 
     from pursuing the individual's chosen program of education 
     before the expiration of the 10-year period for the use of 
     entitlement under this chapter otherwise applicable under 
     this section because of a physical or mental disability which 
     is not the result of the individual's own willful misconduct, 
     such 10-year period--
       ``(A) shall not run during the period the individual is so 
     prevented from pursuing such program; and
       ``(B) shall again begin running on the first day after the 
     individual's recovery from such disability on which it is 
     reasonably feasible, as determined under regulations 
     prescribed by the Secretary, for the individual to initiate 
     or resume pursuit of a program of education with educational 
     assistance under this chapter.
       ``(2)(A) Subject to subparagraph (B), in the case of an 
     individual eligible for educational assistance under this 
     chapter who is prevented from pursuing the individual's 
     chosen program of education before the expiration of the 10-
     year period for the use of entitlement under this chapter 
     otherwise applicable under this section by reason of acting 
     as the primary provider of personal care services for a 
     veteran or member of the Armed Forces under section 1720G(a) 
     of this title, such 10-year period--
       ``(i) shall not run during the period the individual is so 
     prevented from pursuing such program; and
       ``(ii) shall again begin running on the first day after the 
     date of the recovery of the veteran or member from the 
     injury, or the date on which the individual ceases to be the 
     primary provider of personal care services for the veteran or 
     member, whichever is earlier, on which it is reasonably 
     feasible, as so determined, for the individual to initiate or 
     resume pursuit of a program of education with educational 
     assistance under this chapter.
       ``(B) Subparagraph (A) shall not apply with respect to the 
     period of an individual as a primary provider of personal 
     care services if the period concludes with the revocation of 
     the individual's designation as such a primary provider under 
     section 1720G(a)(7)(D) of this title.''.
       (b) Certain Transferees of Post-9/11 Educational 
     Assistance.--Paragraph (5) of section 3319(h) is amended to 
     read as follows:
       ``(5) Limitation on age of use by child transferees.--
       ``(A) In general.--A child to whom entitlement is 
     transferred under this section may use the benefits 
     transferred without regard to the 15-year delimiting date 
     specified in section 3321, but may not, except as provided in 
     subparagraph (B), use any benefits so transferred after 
     attaining the age of 26 years.
       ``(B) Primary caregivers of seriously injured members of 
     the armed forces and veterans.--
       ``(i) In general.--Subject to clause (ii), in the case of a 
     child who, before attaining the age of 26 years, is prevented 
     from pursuing a chosen program of education by reason of 
     acting as the primary provider of personal care services for 
     a veteran or member of the Armed Forces under section 
     1720G(a), the child may use the benefits beginning on the 
     date specified in clause (iii) for a period whose length is 
     specified in clause (iv).
       ``(ii) Inapplicability for revocation.--Clause (i) shall 
     not apply with respect to the period of an individual as a 
     primary provider of personal care services if the period 
     concludes with the revocation of the individual's designation 
     as such a primary provider under section 1720G(a)(7)(D).
       ``(iii) Date for commencement of use.--The date specified 
     in this clause for the beginning of the use of benefits by a 
     child under clause (i) is the later of--

       ``(I) the date on which the child ceases acting as the 
     primary provider of personal care services for the veteran or 
     member concerned as described in clause (i);
       ``(II) the date on which it is reasonably feasible, as 
     determined under regulations prescribed by the Secretary, for 
     the child to initiate or resume the use of benefits; or
       ``(III) the date on which the child attains the age of 26 
     years.

       ``(iv) Length of use.--The length of the period specified 
     in this clause for the use of benefits by a child under 
     clause (i) is the length equal to the length of the period 
     that--

       ``(I) begins on the date on which the child begins acting 
     as the primary provider of personal care services for the 
     veteran or member concerned as described in clause (i); and
       ``(II) ends on the later of--

       ``(aa) the date on which the child ceases acting as the 
     primary provider of personal care services for the veteran or 
     member as described in clause (i); or
       ``(bb) the date on which it is reasonably feasible, as so 
     determined, for the child to initiate or resume the use of 
     benefits.''.
       (c) Survivors' and Dependents' Educational Assistance.--
     Subsection (c) of section 3512 is amended to read as follows:
       ``(c)(1) Notwithstanding subsection (a) and subject to 
     paragraph (2), an eligible person may be afforded educational 
     assistance beyond the age limitation applicable to the person 
     under such subsection if--
       ``(A) the person suspends pursuit of such person's program 
     of education after having enrolled in such program within the 
     time period applicable to such person under such subsection;
       ``(B) the person is unable to complete such program after 
     the period of suspension and before attaining the age 
     limitation applicable to the person under such subsection; 
     and
       ``(C) the Secretary finds that the suspension was due to 
     either of the following:
       ``(i) The actions of the person as the primary provider of 
     personal care services for a veteran or member of the Armed 
     Forces under section 1720G(a) of this title.
       ``(ii) Conditions otherwise beyond the control of the 
     person.
       ``(2) Paragraph (1) shall not apply with respect to the 
     period of an individual as a primary provider of personal 
     care services if the period concludes with the revocation of 
     the individual's designation as such a primary provider under 
     section 1720G(a)(7)(D) of this title.
       ``(3) Educational assistance may not be afforded a person 
     under paragraph (1) after the earlier of--
       ``(A) the age limitation applicable to the person under 
     subsection (a), plus a period of time equal to the period the 
     person was required to suspend pursuit of the person's 
     program of education as described in paragraph (1); or
       ``(B) the date of the person's thirty-first birthday.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to preventions and suspension of pursuit of programs 
     of education that commence on or after that date.

     SEC. 202. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE 
                   UNDER NATIONAL CALL TO SERVICE AND OTHER 
                   PROGRAMS OF EDUCATIONAL ASSISTANCE.

       (a) Bar to Duplication of Educational Assistance 
     Benefits.--Section 3322(a) is amended by inserting ``or 
     section 510'' after ``or 1607''.

[[Page 19739]]

       (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.

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