[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 111-377
111th Congress

An Act


 
To amend title 38, United States Code, to improve educational assistance
for veterans who served in the Armed Forces after September 11, 2001,
and for other purposes. <>

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

[[Page 4107]]

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.

[[Page 4108]]

(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.

[[Page 4109]]

``(ii) In the case of a program of education
pursued at a non-public or foreign institution of
higher learning, the lesser of--
``(I) the actual net cost for
tuition and fees assessed by the
institution for the program of education
after the application of--
``(aa) any waiver of, or
reduction in, tuition and fees;
and
``(bb) any scholarship, or
other Federal, State,
institutional, or employer-based
aid or assistance (other than
loans and any funds provided
under section 401(b) of the
Higher Education Act of 1965)
that is provided directly to the
institution and specifically
designated for the sole purpose
of defraying tuition and fees;
or
``(II) the amount equal to--
``(aa) for the academic year
beginning on August 1, 2011,
$17,500; or
``(bb) for an academic year
beginning on any subsequent
August 1, the amount for the
previous academic year beginning
on August 1 under this
subclause, as increased by the
percentage increase equal to the
most recent percentage increase
determined under section
3015(h).''.
(2) Conforming amendment.--The heading of such section is
amended to read as follows: ``Programs of Education Leading to a
Degree Pursued at Institutions of Higher Learning on More Than
Half-time Basis.--''.

(b) Amounts of Monthly Stipends.--Section 3313(c)(1)(B) is amended--
(1) by redesignating clause (ii) as clause (iv); and
(2) by striking clause (i) and inserting the following new
clauses:
``(i) Except as provided in clauses (ii) and
(iii), for each month an individual pursues a
program of education on more than a half-time
basis, a monthly housing stipend equal to the
product of--
``(I) the monthly amount of the
basic allowance for housing payable
under section 403 of title 37 for a
member with dependents in pay grade E-5
residing in the military housing area
that encompasses all or the majority
portion of the ZIP code area in which is
located the institution of higher
learning at which the individual is
enrolled, multiplied by
``(II) the lesser of--
``(aa) 1.0; or
``(bb) the number of course
hours borne by the individual in
pursuit of the program of
education, divided by the
minimum number of course hours
required for full-time pursuit
of the program of education,
rounded to the nearest multiple
of 10.
``(ii) In the case of an individual pursuing a
program of education at a foreign institution of
higher

[[Page 4110]]

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:

[[Page 4111]]

``(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

[[Page 4112]]

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

[[Page 4113]]

3313 is amended by striking ``is offered by an institution of higher
learning (as that term is defined in section 3452(f)) and''.
(b) Assistance for Pursuit of Programs of Education Other Than
Programs of Education Leading to a Degree.--Such section is further
amended--
(1) by striking subsection (h);
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection (g):

``(g) Programs of Education Other Than Programs of Education Leading
to a Degree.--
``(1) In general.--Educational assistance is payable under
this chapter for pursuit of an approved program of education
other than a program of education leading to a degree at an
institution other than an institution of higher learning (as
that term is defined in section 3452(f)).
``(2) Pursuit on half-time basis or less.--The payment of
educational assistance under this chapter for pursuit of a
program of education otherwise described in paragraph (1) on a
half-time basis or less is governed by subsection (f).
``(3) Amount of assistance.--The amounts of educational
assistance payable under this chapter to an individual entitled
to educational assistance under this chapter who is pursuing an
approved program of education covered by this subsection are as
follows:
``(A) In the case of an individual enrolled in a
program of education (other than a program described in
subparagraphs (B) through (D)) in pursuit of a
certificate or other non-college degree, the following:
``(i) Subject to clause (iv), an amount equal
to the lesser of--
``(I) the actual net cost for in-
State tuition and fees assessed by the
institution concerned for the program of
education after the application of--
``(aa) any waiver of, or
reduction in, tuition and fees;
and
``(bb) any scholarship, or
other Federal, State,
institutional, or employer-based
aid or assistance (other than
loans and any funds provided
under section 401(b) of the
Higher Education Act of 1965 (20
U.S.C. 1070a)) that is provided
directly to the institution and
specifically designated for the
sole purpose of defraying
tuition and fees; or
``(II) the amount equal to--
``(aa) for the academic year
beginning on August 1, 2011,
$17,500; or
``(bb) for an academic year
beginning on any subsequent
August 1, the amount for the
previous academic year beginning
on August 1 under this
subclause, as increased by the
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

[[Page 4114]]

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

[[Page 4115]]

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

[[Page 4116]]

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

[[Page 4117]]

the entire quarter, semester, or term, as applicable, of
the program of education.
``(B) Monthly payments.--Payment of the amounts
payable under paragraphs (3)(A)(ii) and (3)(B)(i) for
pursuit of a program of education shall be made on a
monthly basis.
``(C) Lump sum payments.--
``(i) Payment for the amount payable under
paragraphs (3)(A)(iii) and (3)(B)(ii) shall be
paid to the individual for the first month of each
quarter, semester, or term, as applicable, of the
program education pursued by the individual.
``(ii) Payment of the amount payable under
paragraph (3)(C) for pursuit of a program of
education shall be made upon receipt of
certification for training completed by the
individual and serviced by the training facility.
``(D) Quarterly payments.--Payment of the amounts
payable under paragraph (3)(D) for pursuit of a program
of education shall be made quarterly on a pro rata basis
for the lessons completed by the individual and serviced
by the institution.
``(5) Charge against entitlement for certificate and other
non-college degree programs.--
``(A) In general.--In the case of amounts paid under
paragraph (3)(A)(i) for pursuit of a program of
education, the charge against entitlement to educational
assistance under this chapter of the individual for whom
such payment is made shall be one month for each of--
``(i) the amount so paid, divided by
``(ii) subject to subparagraph (B), the amount
equal to one-twelfth of the amount applicable in
the academic year in which the payment is made
under paragraph (3)(A)(i)(II).
``(B) Pro rata adjustment based on certain
eligibility.--If the amount otherwise payable with
respect to an individual under paragraph (3)(A)(i) is
subject to a percentage adjustment under paragraph
(3)(A)(iv), the amount applicable with respect to the
individual under subparagraph (A)(ii) shall be the
amount otherwise determined pursuant to such
subparagraph subject to a percentage adjustment equal to
the percentage adjustment applicable with respect to the
individual under paragraph (3)(A)(iv).''.

(c) Payment of Amounts to Educational Institutions.--Subsection (h)
of section 3313, as redesignated by subsection (b)(2) of this section,
is amended by inserting ``, and under subparagraphs (A)(i), (C), and (D)
of subsection (g)(3),'' after ``(f)(2)(A)''.
(d) <> Effective Date.--The
amendments made by this section shall take effect on October 1, 2011,
and shall apply with respect to amounts payable for educational
assistance for pursuit of programs of education on or after that date.
SEC. 106. DETERMINATION OF MONTHLY HOUSING STIPEND PAYMENTS FOR
ACADEMIC YEARS.

(a) In General.--Section 3313, as amended by this Act, is further
amended by adding at the end the following new subsection:

[[Page 4118]]

``(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.

[[Page 4119]]

``(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

[[Page 4120]]

divided by the minimum number of course hours
required for full-time pursuit of the program of
education, rounded to the nearest multiple of 10.
``(3) Frequency of payment.--Payment of the amounts payable
under paragraph (1) during pursuit of a program of education
shall be made on a monthly basis.''.

(b) Clarification on Funding of Increased Assistance.--
(1) In general.--Such section is further amended by
inserting after subsection (c), as added by subsection (a)(2) of
this section, the following new subsection:

``(d) Funding.--Payments for increased educational assistance under
this section shall be made from the Department of Defense Education
Benefits Fund under section 2006 of title 10 or from appropriations
available to the Department of Homeland Security for that purpose, as
applicable.''.
(2) Conforming amendments.--Section 2006(b) of title 10,
United States Code, is amended--
(A) in paragraph (1), by inserting ``or 33'' after
``chapter 30''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(E) The present value of any future benefits
payable from the Fund for amounts attributable to
increased amounts of educational assistance authorized
by section 3316 of title 38.''.

(c) <> Effective Date.--The amendments made
by this section shall take effect on August 1, 2011.
SEC. 110. TRANSFER OF UNUSED EDUCATION BENEFITS.

(a) Availability of Transfer Authority for Members of PHS and
NOAA.--Section 3319 is amended--
(1) by striking ``Armed Forces'' each place it appears
(other than in subsection (a)) and inserting ``uniformed
services''; and
(2) by striking subsection (k).

(b) Scope and Exercise of Authority.--Subsection (a) of such section
is amended--
(1) by striking ``Subject to the provisions of this
section,'' and all that follows through ``to permit'' and
inserting ``(1) Subject to the provisions of this section, the
Secretary concerned may permit''; and
(2) by adding at the end the following new paragraph:

``(2) The purpose of the authority in paragraph (1) is to promote
recruitment and retention in the uniformed services. The Secretary
concerned may exercise the authority for that purpose when authorized by
the Secretary of Defense in the national security interests of the
United States.''.
(c) <> Effective Date.--The amendments made
by this section shall take effect on August 1, 2011.
SEC. 111. BAR TO DUPLICATION OF CERTAIN EDUCATIONAL ASSISTANCE
BENEFITS.

(a) Bar To Concurrent Receipt of Transferred Education Benefits and
Marine Gunnery Sergeant John David Fry Scholarship Assistance.--Section
3322 is amended by adding at the end the following new subsection:
``(e) Bar To Concurrent Receipt of Transferred Education Benefits
and Marine Gunnery Sergeant John David Fry Scholarship Assistance.--An
individual entitled to educational

[[Page 4121]]

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--

[[Page 4122]]

(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

[[Page 4123]]

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

[[Page 4124]]

``(bb) the date on which it
is reasonably feasible, as so
determined, for the child to
initiate or resume the use of
benefits.''.

(c) Survivors' and Dependents' Educational Assistance.--Subsection
(c) of section 3512 is amended to read as follows:
``(c)(1) Notwithstanding subsection (a) and subject to paragraph
(2), an eligible person may be afforded educational assistance beyond
the age limitation applicable to the person under such subsection if--
``(A) the person suspends pursuit of such person's program
of education after having enrolled in such program within the
time period applicable to such person under such subsection;
``(B) the person is unable to complete such program after
the period of suspension and before attaining the age limitation
applicable to the person under such subsection; and
``(C) the Secretary finds that the suspension was due to
either of the following:
``(i) The actions of the person as the primary
provider of personal care services for a veteran or
member of the Armed Forces under section 1720G(a) of
this title.
``(ii) Conditions otherwise beyond the control of
the person.

``(2) Paragraph (1) shall not apply with respect to the period of an
individual as a primary provider of personal care services if the period
concludes with the revocation of the individual's designation as such a
primary provider under section 1720G(a)(7)(D) of this title.
``(3) Educational assistance may not be afforded a person under
paragraph (1) after the earlier of--
``(A) the age limitation applicable to the person under
subsection (a), plus a period of time equal to the period the
person was required to suspend pursuit of the person's program
of education as described in paragraph (1); or
``(B) the date of the person's thirty-first birthday.''.

(d) <> Effective Date.--The
amendments made by this section shall take effect on August 1, 2011, and
shall apply with respect to preventions and suspension of pursuit of
programs of education that commence on or after that date.
SEC. 202. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE UNDER
NATIONAL CALL TO SERVICE AND OTHER
PROGRAMS OF EDUCATIONAL ASSISTANCE.

(a) Bar to Duplication of Educational Assistance Benefits.--Section
3322(a) is amended by inserting ``or section 510'' after ``or 1607''.
(b) Limitation on Concurrent Receipt of Educational Assistance.--
Section 3681(b)(2) is amended by inserting ``and section 510'' after
``and 107''.
(c) <> Effective Date.--The amendments made
by this section shall take effect on August 1, 2011.
SEC. 203. APPROVAL OF COURSES.

(a) Constructive Approval of Certain Courses.--
(1) In general.--Section 3672(b) is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraph:

[[Page 4125]]

``(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''.

[[Page 4126]]

(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.''.

[[Page 4127]]

(b) <> Effective Date.--The amendment made
by this section shall take effect on August 1, 2011.

Approved January 4, 2011.

LEGISLATIVE HISTORY--S. 3447:
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-346 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Dec. 13, considered and passed Senate.
Dec. 15, 16, considered and passed House.