PUBLIC LAW 111–377—JAN. 4, 2011 

POST-9/11 VETERANS EDUCATIONAL 

ASSISTANCE IMPROVEMENTS ACT OF 2010 


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124 STAT. 4106 PUBLIC LAW 111–377—JAN. 4, 2011 

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 

38 USC 101 note. 

Post-9/11 

Veterans 

Educational 

Assistance 

Improvements 

Act of 2010. 

Jan. 4, 2011 

[S. 3447] 


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PUBLIC LAW 111–377—JAN. 4, 2011 124 STAT. 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 EDU- CATIONAL 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. 


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124 STAT. 4108 PUBLIC LAW 111–377—JAN. 4, 2011 

(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. 

38 USC 3311 

note. 

38 USC 3311 

note. 

38 USC 3301 

note. 

38 USC 3301 

note. 

Time period. 

38 USC 3301 

note. 


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PUBLIC LAW 111–377—JAN. 4, 2011 124 STAT. 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 


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124 STAT. 4110 PUBLIC LAW 111–377—JAN. 4, 2011 

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 HALFTIME 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: 

Applicability. 

38 USC 3313 

note. 


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‘‘(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 


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124 STAT. 4112 PUBLIC LAW 111–377—JAN. 4, 2011 

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 

Applicability. 

38 USC 3313 

note. 

Applicability. 

38 USC 3313 

note. 


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PUBLIC LAW 111–377—JAN. 4, 2011 124 STAT. 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 


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124 STAT. 4114 PUBLIC LAW 111–377—JAN. 4, 2011 

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 


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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 


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124 STAT. 4116 PUBLIC LAW 111–377—JAN. 4, 2011 

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 


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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 ELIGI- BILITY.—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: 

Applicability. 

38 USC 3313 

note. 


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‘‘(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: 

‘‘§ 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. 

38 USC 3315A. 

Applicability. 

38 USC 3313 

note. 

38 USC 3313 

note. 


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‘‘(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 

Applicability. 

38 USC 3315A 

note. 


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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 

38 USC 3319 

note. 

10 USC 2006 

note. 


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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 ASSIST- ANCE.—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 ASSIST- ANCE.—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— 

38 USC 3322 

note. 


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(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 

Determination. 

Regulations. 

Time period. 


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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 ASSIST- ANCE.—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 MEM- BERS 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 


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‘‘(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: 

38 USC 3322 

note. 

Applicability. 

38 USC 3031 

note. 


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‘‘(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’’. 


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(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.’’. 

38 USC 3684 

note. 

38 USC 3684 

note. 

38 USC 3034 

note. 


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PUBLIC LAW 111–377—JAN. 4, 2011 124 STAT. 4127 

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. 

Æ 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect on August 1, 2011. 

Approved January 4, 2011. 

38 USC 3680 

note. 


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