[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[House]
[Pages 22188-22200]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 3447) to amend title 38, United States Code, to improve 
educational assistance for veterans who served in the

[[Page 22189]]

Armed Forces after September 11, 2001, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3447

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
Sec. 3. Statutory Pay-As-You-Go Act compliance.

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

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

             TITLE II--OTHER EDUCATIONAL ASSISTANCE MATTERS

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

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

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

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

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

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

     SEC. 101. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL 
                   ASSISTANCE.

       (a) Modification of Definitions on Eligibility for 
     Educational Assistance.--
       (1) Expansion of definition of active duty to include 
     service in national guard for certain purposes.--Paragraph 
     (1) of section 3301 is amended by adding at the end the 
     following new subparagraph:
       ``(C) In the case of a member of the Army National Guard of 
     the United States or Air National Guard of the United States, 
     in addition to service described in subparagraph (B), full-
     time service--
       ``(i) in the National Guard of a State for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the National Guard; or
       ``(ii) in the National Guard under section 502(f) of title 
     32 when authorized by the President or the Secretary of 
     Defense for the purpose of responding to a national emergency 
     declared by the President and supported by Federal funds.''.
       (2) Expansion of definition of army entry level and skill 
     training to include one station unit training.--Paragraph 
     (2)(A) of such section is amended by inserting ``or One 
     Station Unit Training'' before the period at the end.
       (3) Clarification of definition of entry level and skill 
     training for the coast guard.--Paragraph (2)(E) of such 
     section is amended by inserting ``and Skill Training (or so-
     called `A' School)'' before the period at the end.
       (b) Clarification of Applicability of Honorable Service 
     Requirement for Certain Discharges and Releases From the 
     Armed Forces as Basis for Entitlement to Educational 
     Assistance.--Section 3311(c)(4) is amended in the matter 
     preceding subparagraph (A) by striking ``A discharge or 
     release from active duty in the Armed Forces'' and inserting 
     ``A discharge or release from active duty in the Armed Forces 
     after service on active duty in the Armed Forces 
     characterized by the Secretary concerned as honorable 
     service''.
       (c) Exclusion From Period of Service on Active Duty of 
     Periods of Service in Connection With Attendance at Coast 
     Guard Academy.--Section 3311(d)(2) is amended by inserting 
     ``or section 182 of title 14'' before the period at the end.
       (d) Effective Dates.--
       (1) Service in national guard as active duty.--The 
     amendment made by subsection (a)(1) shall take effect on 
     August 1, 2009, as if included in the enactment of chapter 33 
     of title 38, United States Code, pursuant to the Post-9/11 
     Veterans Educational Assistance Act of 2008 (title V of 
     Public Law 110-252). However, no benefits otherwise payable 
     by reason of such amendment for the period beginning on 
     August 1, 2009, and ending on September 30, 2011, may be paid 
     before October 1, 2011.
       (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

[[Page 22190]]

     Learning on More Than Half-time Basis.--''.
       (b) Amounts of Monthly Stipends.--Section 3313(c)(1)(B) is 
     amended--
       (1) by redesignating clause (ii) as clause (iv); and
       (2) by striking clause (i) and inserting the following new 
     clauses:
       ``(i) Except as provided in clauses (ii) and (iii), for 
     each month an individual pursues a program of education on 
     more than a half-time basis, a monthly housing stipend equal 
     to the product of--

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

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

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

       ``(aa) 1.0; or
       ``(bb) the number of course hours borne by the individual 
     in pursuit of the program of education, divided by the 
     minimum number of course hours required for full-time pursuit 
     of the program of education, rounded to the nearest multiple 
     of 10.
       ``(iii) In the case of an individual pursuing a program of 
     education solely through distance learning on more than a 
     half-time basis, a monthly housing stipend equal to 50 
     percent of the amount payable under clause (ii) if the 
     individual were otherwise entitled to a monthly housing 
     stipend under that clause for pursuit of the program of 
     education.''.
       (c) Effective 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

[[Page 22191]]

     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 
     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.

[[Page 22192]]

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

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

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

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

       (a) Availability of Assistance for Additional Tests.--
     Subsection (a) of section 3315 is amended by striking ``one 
     licensing or certification test'' and inserting ``licensing 
     or certification tests''.
       (b) Charge Against Entitlement for Receipt of Assistance.--
       (1) In general.--Subsection (c) of such section is amended 
     to read as follows:
       ``(c) Charge Against Entitlement.--The charge against an 
     individual's entitlement under this chapter for payment for a 
     licensing or certification test shall be determined at the 
     rate of one month (rounded to the nearest whole month) for 
     each amount paid that equals--
       ``(1) for the academic year beginning on August 1, 2011, 
     $1,460; or
       ``(2) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subsection, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).''.
       (2) Conforming amendments.--Subsection (b) of such section 
     is amended--
       (A) in paragraph (1), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(3) the amount of entitlement available to the individual 
     under this chapter at the time of payment for the test under 
     this section.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to licensure and certification tests taken on or 
     after that date.

     SEC. 108. NATIONAL TESTS.

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

     ``Sec. 3315A. National tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     educational assistance for the following:
       ``(1) A national test for admission to an institution of 
     higher learning as described in the last sentence of section 
     3452(b).
       ``(2) A national test providing an opportunity for course 
     credit at an institution of higher learning as so described.
       ``(b) Amount.--The amount of educational assistance payable 
     under this chapter for a test described in subsection (a) is 
     the lesser of--
       ``(1) the fee charged for the test; or
       ``(2) the amount of entitlement available to the individual 
     under this chapter at the time of payment for the test under 
     this section.
       ``(c) Charge Against Entitlement.--The number of months of 
     entitlement charged an individual under this chapter for a 
     test described in subsection (a) shall be determined at the 
     rate of one month (rounded to the nearest whole month) for 
     each amount paid that equals--
       ``(1) for the academic year beginning on August 1, 2011, 
     $1,460; or
       ``(2) for an academic year beginning on any subsequent 
     August 1, the amount for the previous academic year beginning 
     on August 1 under this subsection, as increased by the 
     percentage increase equal to the most recent percentage 
     increase determined under section 3015(h).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 33 is amended by inserting after the 
     item relating to section 3315 the following new item:

``3315A. National tests.''.

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

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

       (a) In General.--Section 3316 is amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Continuation of Increased Educational Assistance.--
       ``(1) In general.--An individual who made an election to 
     receive educational assistance under this chapter pursuant to 
     section 5003(c)(1)(A) of the Post-9/11 Veterans Educational 
     Assistance Act of 2008 (38 U.S.C. 3301 note) and who, at the 
     time of the election, was entitled to increased educational 
     assistance under section 3015(d) or section 16131(i) of title 
     10 shall remain entitled to increased educational assistance 
     in the utilization of the individual's entitlement to 
     educational assistance under this chapter.
       ``(2) Rate.--The monthly rate of increased educational 
     assistance payable to an individual under paragraph (1) shall 
     be--
       ``(A) the rate of educational assistance otherwise payable 
     to the individual under section 3015(d) or section 16131(i) 
     of title 10, as the case may be, had the individual not made 
     the election described in paragraph (1), multiplied by
       ``(B) the lesser of--
       ``(i) 1.0; or
       ``(ii) the number of course hours borne by the individual 
     in pursuit of the program of 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:

[[Page 22193]]

       ``(2) The purpose of the authority in paragraph (1) is to 
     promote recruitment and retention in the uniformed services. 
     The Secretary concerned may exercise the authority for that 
     purpose when authorized by the Secretary of Defense in the 
     national security interests of the United States.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

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

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

     SEC. 112. TECHNICAL AMENDMENTS.

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

             TITLE II--OTHER EDUCATIONAL ASSISTANCE MATTERS

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

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

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

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

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

       ``(aa) the date on which the child ceases acting as the 
     primary provider of personal care services for the veteran or 
     member as described in clause (i); or
       ``(bb) the date on which it is reasonably feasible, as so 
     determined, for the child to initiate or resume the use of 
     benefits.''.
       (c) Survivors' and Dependents' Educational Assistance.--
     Subsection (c) of section 3512 is amended to read as follows:
       ``(c)(1) Notwithstanding subsection (a) and subject to 
     paragraph (2), an eligible person may be afforded educational 
     assistance beyond the age limitation applicable to the person 
     under such subsection if--
       ``(A) the person suspends pursuit of such person's program 
     of education after having

[[Page 22194]]

     enrolled in such program within the time period applicable to 
     such person under such subsection;
       ``(B) the person is unable to complete such program after 
     the period of suspension and before attaining the age 
     limitation applicable to the person under such subsection; 
     and
       ``(C) the Secretary finds that the suspension was due to 
     either of the following:
       ``(i) The actions of the person as the primary provider of 
     personal care services for a veteran or member of the Armed 
     Forces under section 1720G(a) of this title.
       ``(ii) Conditions otherwise beyond the control of the 
     person.
       ``(2) Paragraph (1) shall not apply with respect to the 
     period of an individual as a primary provider of personal 
     care services if the period concludes with the revocation of 
     the individual's designation as such a primary provider under 
     section 1720G(a)(7)(D) of this title.
       ``(3) Educational assistance may not be afforded a person 
     under paragraph (1) after the earlier of--
       ``(A) the age limitation applicable to the person under 
     subsection (a), plus a period of time equal to the period the 
     person was required to suspend pursuit of the person's 
     program of education as described in paragraph (1); or
       ``(B) the date of the person's thirty-first birthday.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011, and shall apply with 
     respect to preventions and suspension of pursuit of programs 
     of education that commence on or after that date.

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

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

     SEC. 203. APPROVAL OF COURSES.

       (a) Constructive Approval of Certain Courses.--
       (1) In general.--Section 3672(b) is amended--
       (A) by inserting ``(1)'' after ``(b)''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 
     3684, and 3696 of this title, the following programs are 
     deemed to be approved for purposes of this chapter:
       ``(i) An accredited standard college degree program offered 
     at a public or not-for-profit proprietary educational 
     institution that is accredited by an agency or association 
     recognized for that purpose by the Secretary of Education.
       ``(ii) A flight training course approved by the Federal 
     Aviation Administration that is offered by a certified pilot 
     school that possesses a valid Federal Aviation Administration 
     pilot school certificate.
       ``(iii) An apprenticeship program registered with the 
     Office of Apprenticeship (OA) of the Employment Training 
     Administration of the Department of Labor or a State 
     apprenticeship agency recognized by the Office of 
     Apprenticeship pursuant to the Act of August 16, 1937 
     (popularly known as the `National Apprenticeship Act'; 29 
     U.S.C. 50 et seq.).
       ``(iv) A program leading to a secondary school diploma 
     offered by a secondary school approved in the State in which 
     it is operating.
       ``(B) A licensure test offered by a Federal, State, or 
     local government is deemed to be approved for purposes of 
     this chapter.''.
       (2) Conforming amendments.--
       (A) Paragraph (3) of section 3034(d) is amended to read as 
     follows:
       ``(3) the flight school courses are approved by the Federal 
     Aviation Administration and are offered by a certified pilot 
     school that possesses a valid Federal Aviation Administration 
     pilot school certificate.''.
       (B) Section 3671(b)(2) is amended by striking ``In the 
     case'' and inserting ``Except as otherwise provided in this 
     chapter, in the case''.
       (C) Section 3689(a)(1) is amended by inserting after 
     ``unless'' the following: ``the test is deemed approved by 
     section 3672(b)(2)(B) of this title or''.
       (b) Use of State Approving Agencies for Compliance and 
     Oversight Activities.--Section 3673 is amended by adding at 
     the end the following new subsection:
       ``(d) Use of State Approving Agencies for Compliance and 
     Oversight Activities.--The Secretary may utilize the services 
     of a State approving agency for such compliance and oversight 
     purposes as the Secretary considers appropriate without 
     regard to whether the Secretary or the agency approved the 
     courses offered in the State concerned.''.
       (c) Approval of Accredited Courses.--
       (1) In general.--Subsection (a)(1) of section 3675 is 
     amended by striking ``A State approving agency may approve 
     the courses offered by an educational institution'' and 
     inserting ``The Secretary or a State approving agency may 
     approve accredited programs (including non-degree accredited 
     programs) offered by proprietary for-profit educational 
     institutions''.
       (2) Condition of approval.--Subsection (b) of such section 
     is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``the Secretary or'' after ``this section,''; and
       (B) is amended by inserting ``the Secretary or'' after ``as 
     prescribed by''.
       (d) Disapproval of Courses.--Section 3679(a) is amended by 
     inserting ``the Secretary or'' after ``disapproved by'' both 
     places it appears.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2011.

     SEC. 204. REPORTING FEES.

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

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

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

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

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

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


                             General Leave

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

                              {time}  1850

  Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
  I want to thank Senator Akaka, chairman of the Senate Veterans' 
Affairs Committee, for introducing this bill, also known as the Post-9/
11 Veterans Educational Assistance Improvements Act of 2010. And I want 
to thank my colleague, Representative Walt Minnick of Idaho, for his 
advocacy on behalf of our Nation's veterans and for introducing a 
similar bill in the House of Representatives.
  My colleagues may recall that we successfully passed the Post-9/11 
Veterans Educational Assistance Act of

[[Page 22195]]

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


                                        National Headquarters,

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

                                     Military Officers Association


                                                   of America,

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

                                     Iraq and Afghanistan Veterans


                                                   of America,

                                Washington, DC, December 14, 2010.
     Hon. Bob Filner,
     Cannon House Office Building,
     Washington, DC.
     Hon. Steve Buyer,
     Cannon House Office Building,
     Washington, DC.
       Dear Chairman Filner and Ranking Member Buyer: Iraq and 
     Afghanistan Veterans of America (IAVA) offers our strong 
     support for S. 3447, commonly referred to as the New GI Bill 
     2.0. Our work on the New GI Bill is not done. The New GI Bill 
     is a historic commitment to this generation of veterans that 
     has enabled over 300,000 student veterans to attend school. 
     However, tens of thousands of young veterans are unable to 
     take advantage of these new GI Bill benefits because 
     confusing regulations and holes in the original legislation. 
     To ensure every veteran has access to a first class future, 
     IAVA recommends swift passage of S. 3447.
       New GI Bill 2.0 finishes the Post 9/11 GI Bill and 
     includes:
       Vocational Training: Invaluable job training for students 
     studying at vocational schools.
       Title 32 AGR: Grant National Guardsmen responding to 
     national disasters full GI Bill credit.
       Distance Learners: Provide living allowances for veterans 
     in distance learning programs.
       Tuition/Fees: Expand and simplify the Yellow Ribbon 
     Program.
       Active Duty: Include a book stipend for active duty 
     students.
       New GI Bill 2.0 will help student veterans like Charles 
     Conrad who returned home to a tough economy and enrolled in a 
     vocational school to help prepare him for a meaningful career 
     only to find out that his vocational school was not covered 
     by the new GI Bill and SPC Weaver a Purple Heart recipient 
     whose vertigo is so bad he can't sit in a classroom for an 
     entire period and therefore does not qualify for a living 
     allowance because he has to take classes online. This 
     legislation will also help the tens of thousands of National 
     Guard troops who were activated to clean up the oil spill in 
     the Gulf and have not received credit toward the GI Bill for 
     their service.
       We are proud to offer our assistance on this vital piece of 
     legislation. If we can be of help please feel free to contact 
     Tim Embree.
           Sincerely,
                                                   Paul Rieckhoff,
     Executive Director.
                                  ____

                                     National Guard Association of


                                            the United States,

                                Washington, DC, December 14, 2010.
     Hon. Robert Filner,
     House Committtee on Veterans' Affairs, Chairman, Cannon House 
         Office Building, Washington, DC.
       Dear Chairman Filner: NGAUS strongly supports the cost 
     neutral S. 3447, The Post-9/11 Veterans Educational 
     Assistance Improvements Act of 2010, which unanimously passed 
     the Senate on December 13, 2010. It is our understanding that 
     S. 3447 will be placed on the House suspension calendar this 
     week in order that it may be considered this session.

[[Page 22196]]

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

                                          National Association for


                                           Uniformed Services,

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



                                          The American Legion,

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

                                                     Tim Tetz,

                                                         Director,
     National Legislative Commission.
                                  ____

                                      Student Veterans of America,


                                           Board of Directors,

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

  Mr. Speaker, I reserve the balance of my time.
  Mr. BUYER. I yield myself such time as I may consume.
  I don't know since when the GI bill all of a sudden became the 
greatest hallmark of Democrats. It's of both parties, Mr. Chairman.
  I rise to express my concerns about the way, once again, we are 
legislating outside of regular order, leaving undone significant fixes 
needed to correct known substantive and technical problems with the 
bill. And this all goes back to the way the GI bill came to us. It came 
to us as a political instrument, not properly even vetted through the 
House. It came as a political instrument in a highly Presidential 
election time.
  The House committee was doing its work on modernizing the Montgomery 
GI bill. Stephanie Herseth and John Boozman were doing yeoman's work, 
under the guidance of Chairman Filner, and they were doing everything 
that they were supposed to do to that bill. Sure enough, they took a 
bill that was drafted by one staffer who had not been properly vetted 
in the Senate and sent that bill over to the House without even being 
vetted here by the House. And then Speaker Pelosi wanted to do that, 
and it was all about, at that time, jamming John McCain.
  Now I voted for that when it came here to the House floor. The reason 
I did that is I wanted a seat at the table. I wanted to be able to 
correct problems with the bill. We cited 10 or 11 of the problems that 
we had with the bill, all of which were ignored.
  So what happened? All these inequities, all these poor drafting 
errors, the challenge that the administration even had with regard to 
the implementation

[[Page 22197]]

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

                              {time}  1900

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

[[Page 22198]]

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

[[Page 22199]]

2010. I commend Chairman Ike Skelton of the House Armed Services 
Committee, Chairman John Spratt of the House Committee on the Budget, 
and Chairman Bob Filner of the House Committee on Veterans Affairs for 
their commitment, hard work and dedication to expanding education 
benefits for the men and women who have served our great nation in 
uniform since September 11, 2001. The work of committee leadership 
ensures that this Congress will make a meaningful positive impact on 
our Armed Forces.
  The improvements to the bill will make it easier for the U.S. 
Department of Veterans Affairs and the military services to implement 
the program thereby speeding up the time it presently takes to use the 
benefits. Further the proposed legislation expands tile types of 
training which can be pursued to include vocational and technical 
schools, apprenticeships and on the job training that were not 
previously covered. Another important improvement to the Bill includes 
expanded financial assistance to active duty members to cover the cost 
of books and administrative fees and to broaden the opportunity to 
participate in distance learning programs.
  Another critical component of the legislation is expanding 
eligibility to many men and women of the National Guard who serve under 
Title 32 authority. Men and women of the National Guard continue to be 
called upon to serve at home and abroad to protect our national 
interests. The distinction between different types of orders is often 
blurred due to archaic procedures and operational requirements. The 
legislation significantly enhances benefits for men and women of the 
National Guard by including active duty time spent for the purpose of 
organizing, administering, recruiting, instructing, or training the 
National Guard. It also includes time spent under section 502(f) of 
title 32 when authorized by the President or the Secretary of Defense 
for the purpose of responding to a national emergency declared by the 
President and supported by Federal funds.
  This legislation continues our solemn commitment to veterans and 
servicemembers. The bill improves the processing of these benefits and 
ensures that we fulfill our commitment to all servicemembers and 
veterans. As such, I urge my colleagues to join me in supporting S. 
3447.
  Mr. BISHOP of New York. Mr. Speaker, I rise today in support of S. 
3447, the Post-9/11 Veterans Educational Assistance Improvements Act of 
2010.
  The original GI Bill proved to be a landmark initiative for our 
troops and an outstanding investment in the future of our Nation. The 
Post-9/11 GI Bill, signed into law in 2008, built on the success of the 
original program by providing helpful and hard-earned educational and 
economic benefits for our newest generation of veterans. Although 
today's legislation seeks to make it easier for veterans to utilize 
their educational benefits, some of the changes will have detrimental 
consequences.
  Just as the veterans of WWII were the engine of economic recovery and 
expansion in the post-war period, the most recent generation of 
veterans will continue their service to America by reaching their full 
educational and economic potential through the Post-9/11 GI Bill.
  While I support this bill and urge my colleagues to vote for it, 
there are some provisions in the legislation that I believe deserve 
additional consideration. Although I support setting a national average 
tuition rate for benefits, I am concerned that students in states like 
New York will be negatively impacted by the $17,500 baseline.
  This legislation will reduce benefits for students in New York 
already enrolled in programs where the cost is above the baseline. 
Students based decisions about which institution of higher education to 
attend partly on a benefit level guaranteed in the 2008 law. A ``hold 
harmless'' provision would have allowed these students to continue to 
receive the same level benefits for which they are entitled.
  Under current law, state approving agencies, SAAs, are charged with 
approving programs and schools that are deemed appropriate for vets 
using the GI Bill. S. 3447 permits the Veterans Administration, VA, to 
make this determination and I am concerned that this responsibility 
should remain within SAA's jurisdiction, as they have been the experts 
in protecting veterans from fraudulent programs. The bill goes further 
by permitting veterans to use their GI benefits at schools without any 
approval by SAAs or the VA. In my view this is unwise.
  This legislation permits the VA to expand GI benefits to trade 
schools, unaccredited colleges, and programs that lead to no degree or 
certificate. While I understand that many veterans choose not to take a 
more traditional path and attend an institution of higher education, I 
am deeply concerned that taxpayer dollars will go to programs that will 
not lead to gainful employment.
  I am also concerned that this bill includes a so-called ``last-
payer'' provision. The last payer provision withholds the student's GI 
Bill benefit until a calculation is made of any state and private 
tuition aid, for which a veteran may be eligible. In some cases, this 
would cause a delay in GI benefits and lead to needless confusion.
  As a former college administrator, I am very pleased to see so many 
veterans returning home and choosing to seek further education. 
However, I am deeply concerned with a growing number of reports that 
some institutions may be abusing GI tuition payments by aggressively 
targeting veterans for academic programs that may not provide an actual 
benefit to a student, such as preparation for future employment.
  Mr. Speaker, it is my hope that in the 112th Congress we can achieve 
bipartisan solutions to these issues to protect both taxpayers and 
distinguished veterans. The Post-9/11 GI Bill is a small token of our 
appreciation for their valor and service to our Nation. I would like to 
submit for the Record a letter signed by various higher education 
groups that outlines the community's concerns with this legislation.

                                American Council on Education,

                                Washington, DC, December 14, 2010.
     House of Representatives,
     Washington, DC.
       Dear Representative: On behalf of the American Council on 
     Education and the organizations listed below, we write to 
     express our hope that before adjournment, the 111th Congress 
     will approve a final version of the Post-9/11 Veterans 
     Educational Assistance Improvement Act of 2010 that addresses 
     the concerns outlined below.
       Both the House version (H.R. 6430) and the Senate version 
     (S. 3447) make welcome improvements to current law, such as 
     expanding the benefits to troops serving in the Active Guard 
     Reserve and to National Guard members who have honorably 
     served their country on active duty, including at the sites 
     of natural disasters. The bills also replace the complex 
     state-by-state tuition and fee cap look-up chart with 
     language that specifies that GI Bill benefits cover tuition 
     and fees for veterans attending public institutions while 
     establishing a single national tuition baseline for those who 
     enroll in private institutions.
       However, we believe that the House version is preferable in 
     two very critical respects. First, S. 3447 contains a 
     provision that would add a new source of confusion for 
     veterans and prevent them from having a clear idea of the 
     level of support to which they are entitled. This so-called 
     ``last-payer'' provision, which withholds the GI Bill benefit 
     until a calculation is made of any state and private tuition 
     aid for which a veteran may be eligible, would not only 
     confound veterans and delay the delivery of aid, but in some 
     cases would conflict with state statutes. In contrast, H.R. 
     6430 does not include such a provision and will help end the 
     frustration and confusion that far too many veterans have 
     experienced in attempting to access their benefits.
       Second, H.R. 6430 includes an important ``hold harmless'' 
     provision, designed to protect veterans who might otherwise 
     be negatively impacted by the establishment of a national 
     baseline. In several states, veterans attending private 
     institutions currently receive a base benefit that is greater 
     than the new national baseline amount provided in either 
     version of the legislation. By failing to include this ``hold 
     harmless'' language, the Senate bill would reduce benefits 
     for a number of veterans upon enrollment for a subsequent 
     term. In contrast, the House bill would help ensure that 
     veterans continue to receive their current benefits without 
     interruption.
       As this legislation nears passage, we strongly urge you to 
     modify S. 3447 so that it reflects the approach taken by the 
     House bill on these two important issues. Our campuses have 
     worked very hard to smooth out the difficulties that veterans 
     have faced under current law, and these improvements will 
     enable them to serve veterans even more effectively.
       Thank you for all of your work on behalf of the nation's 
     veterans.
           Sincerely,
                                              Molly Corbett Broad,
                                                        President.

  Mr. BUYER. Mr. Speaker, I yield back the balance of my time.
  Mr. FILNER. Mr. Speaker, I have no further requests for time. This is 
an important bill that extends benefits to even more of our veterans 
and tries to enhance the benefits for those who already are receiving 
them. I ask for unanimous support, and I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Langevin). The question is on the motion 
offered by the gentleman from California (Mr. Filner) that the House 
suspend the rules and pass the bill, S. 3447.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.

[[Page 22200]]


  Mr. FILNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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