I 

111TH CONGRESS 

2D SESSION H. R. 6430 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2010 

Mr. MINNICK introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Post-9/11 Veterans 

5 Educational Assistance Improvement Act of 2010’’. 


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1 SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL 

2 ASSISTANCE. 

3 (a) MODIFICATION OF DEFINITIONS THAT CONCERN

4 ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.— 

5 (1) MODIFICATION OF DEFINITION OF ACTIVE

6 DUTY WITH RESPECT TO MEMBERS OF RESERVE

7 COMPONENTS GENERALLY.—Paragraph (1)(B) of 

8 section 3301 of title 38, United States Code, is 

9 amended by striking ‘‘of title 10.’’ and inserting the 

10 following: ‘‘of title 10 

11 ‘‘(i) for the purpose of organizing, ad12 ministering, recruiting, instructing, or 

13 training the reserve components of the 

14 Armed Forces; or 

15 ‘‘(ii) in support of a contingency oper16 ation (as defined in section 101(a) of title 

17 10).’’. 

18 (2) EXPANSION OF DEFINITION OF ACTIVE

19 DUTY TO INCLUDE SERVICE IN NATIONAL GUARD

20 FOR CERTAIN PURPOSES.—Paragraph (1) of such 

21 section is amended by adding at the end the fol22 lowing new subparagraph: 

23 ‘‘(C) In the case of a member of the Army 

24 National Guard of the United States or Air Na25 tional Guard of the United States, in addition 


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1 to service described in subparagraph (B), full2 time service— 

3 ‘‘(i) in the National Guard of a State 

4 for the purpose of organizing, admin5 istering, recruiting, instructing, or training 

6 the National Guard; or 

7 ‘‘(ii) in the National Guard under sec8 tion 502(f) of title 32 when authorized by 

9 the President or Secretary of Defense.’’. 

10 (3) EXPANSION OF DEFINITION OF ENTRY

11 LEVEL AND SKILL TRAINING TO INCLUDE ONE STA12 TION UNIT TRAINING.—Paragraph (2)(A) of such 

13 section is amended by inserting ‘‘or One Station 

14 Unit Training’’ before the period at the end. 

15 (b) CLARIFICATION OF APPLICABILITY OF HONOR16 ABLE SERVICE REQUIREMENT FOR CERTAIN DISCHARGES

17 AND RELEASES FROM THE ARMED FORCES AS BASIS FOR

18 ENTITLEMENT TO EDUCATIONAL ASSISTANCE.—Section 

19 3311(c)(4) of such title is amended in the matter pre20 ceding subparagraph (A) by striking ‘‘A discharge or re21 lease from active duty in the Armed Forces’’ and inserting 

22 ‘‘A discharge or release from active duty in the Armed 

23 Forces after service on active duty in the Armed Forces 

24 characterized by the Secretary concerned as honorable 

25 service’’. 


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1 (c) EXCLUSION OF PERIOD OF SERVICE ON ACTIVE

2 DUTY OF PERIODS OF SERVICE IN CONNECTION WITH

3 ATTENDANCE AT THE COAST GUARD ACADEMY.— 

4 (1) IN GENERAL.—Section 3311(d)(2) of such 

5 title is amended by inserting ‘‘or section 182 of title 

6 14’’ before the period at the end. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall take effect on the date of the 

9 enactment of this Act and apply with respect to a 

10 person who, as of the date of the enactment of this 

11 Act, has not been issued a certificate of eligibility by 

12 the Secretary of Veterans Affairs for purposes of the 

13 educational assistance program under chapter 33 of 

14 title 38, United States Code. 

15 SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND 

16 TYPES OF APPROVED PROGRAMS OF EDU17 CATION. 

18 (a) AMOUNT OF EDUCATIONAL ASSISTANCE.—Sec19 tion 3313 of title 38, United States Code, is amended— 

20 (1) in subsection (c)— 

21 (A) in the matter preceding paragraph (1) 

22 by inserting ‘‘at an institution of higher learn23 ing (as defined in section 3452(f) of this title) 

24 not including flight training, correspondence 


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1 courses, apprenticeship programs or on-job 

2 training’’ after ‘‘program of education’’; and 

3 (B) in paragraph (1), by amending sub4 paragraph (A) to read as follows: 

5 ‘‘(A) An amount equal to— 

6 ‘‘(i) in the case that such institution 

7 is a public institution of higher learning, 

8 the established charges regularly charged 

9 in-State students for that program of edu10 cation; and 

11 ‘‘(ii) in the case that such institution 

12 is a non-public or foreign institution of 

13 higher learning, the lesser of— 

14 ‘‘(I) the established charges for 

15 the program of education; or 

16 ‘‘(II) $17,300 for each academic 

17 year; or 

18 ‘‘(iii) for the period beginning on Au19 gust 1, 2011, and ending August 1, 2015, 

20 in the case of a program of education pur21 sued by an eligible individual enrolled prior 

22 to August 1, 2011, at a nonpublic institu23 tion of higher learning that is— 


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1 ‘‘(I) located in a State where the 

2 maximum 2010–11 tuition rate ex3 ceeded $700/credit hour; and 

4 ‘‘(II) the annual amount of es5 tablished charges for that academic 

6 year is greater than $17,300, the less7 er of— 

8 ‘‘(aa) the established 

9 charges for the program of edu10 cation; or 

11 ‘‘(bb) the amount of estab12 lished charges payable to such el13 igible individual based on the 

14 ‘Post-9/11 GI Bill 2010–2011 

15 Tuition and Fee In-State Maxi16 mums’ as published in the Fed17 eral Register on October 27, 

18 2010.’’; and 

19 (2) by redesignating subsection (h) as sub20 section (i); and 

21 (3) by adding at the end the following new sub22 section: 

23 ‘‘(h) ANNUAL INCREASE IN CERTAIN AMOUNTS.— 

24 ‘‘(1) IN GENERAL.—On August 1 of each year, 

25 the Secretary shall provide an increase in the 


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1 amount in effect under subsection (c)(1)(A)(ii)(II) 

2 equal to the percentage by which— 

3 ‘‘(A) the average cost of undergraduate 

4 tuition in the United States, as determined by 

5 the National Center for Education Statistics, 

6 for the last academic year preceding the begin7 ning of the fiscal year for which the increase is 

8 made, exceeds 

9 ‘‘(B) the average cost of undergraduate 

10 tuition in the United States, as so determined, 

11 for the academic year preceding the academic 

12 year described in subparagraph (A). 

13 ‘‘(2) APPLICABILITY.—Any increase under 

14 paragraph (1) shall only apply to academic terms be15 ginning on or after the date on which the increase 

16 is made and shall be rounded to the nearest whole 

17 dollar amount.’’. 

18 (b) MODIFICATION OF AMOUNT OF MONTHLY STI19 PENDS, INCLUDING STIPENDS FOR PART-TIME STUDY, 

20 DISTANCE LEARNING, AND PURSUIT OF PROGRAMS OF

21 EDUCATION AT FOREIGN INSTITUTIONS OF HIGHER

22 LEARNING.—Subparagraph (B) of section 3313(c)(1) of 

23 such title is amended— 

24 (1) by redesignating clause (ii) as clause (iv); 

25 and 


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1 (2) by striking clause (i) and inserting the fol2 lowing new clauses: 

3 ‘‘(i) Except as provided in clauses (ii) 

4 and (iii), for each month the individual 

5 pursues the program of education, a 

6 monthly housing stipend amount equal to 

7 the product of— 

8 ‘‘(I) the monthly amount of the 

9 basic allowance for housing payable 

10 under section 403 of title 37 for a 

11 member with dependents in pay grade 

12 E–5 residing in the military housing 

13 area that encompasses all or the ma14 jority portion of the ZIP code area in 

15 which is located the institution of 

16 higher learning at which the indi17 vidual is enrolled, multiplied by 

18 ‘‘(II) in the case of an individual 

19 enrolled in a program of education— 

20 ‘‘(aa) at a rate of pursuit of 

21 100 percent or greater, 100 per22 cent; 

23 ‘‘(bb) at a rate of pursuit of 

24 75 percent or greater, 75 per25 cent; or 


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1 ‘‘(cc) at a rate of pursuit of 

2 greater than 50 percent but less 

3 than 75 percent, 50 percent. 

4 ‘‘(ii) In the case of an individual pur5 suing a program of education at a foreign 

6 institution of higher learning, for each 

7 month the individual pursues the program 

8 of education, a monthly housing stipend 

9 amount equal to the product of— 

10 ‘‘(I) the national average of the 

11 monthly amount of the basic allow12 ance for housing payable under sec13 tion 403 of title 37 for a member with 

14 dependents in pay grade E–5, multi15 plied by 

16 ‘‘(II) in the case of an individual 

17 enrolled in a program of education— 

18 ‘‘(aa) at a rate of pursuit of 

19 100 percent or greater, 100 per20 cent; 

21 ‘‘(bb) at a rate of pursuit of 

22 75 percent or greater, 75 per23 cent; or 


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1 ‘‘(cc) at a rate of pursuit of 

2 greater than 50 percent but less 

3 than 75 percent, 50 percent. 

4 ‘‘(iii) In the case of an individual pur5 suing a program of education through dis6 tance learning, a monthly housing stipend 

7 amount in an amount equal to the product 

8 of 50 percent of the national average of 

9 the monthly amount of the basic allowance 

10 for housing payable under section 403 of 

11 title 37 for a member with dependents in 

12 pay grade E–5, multiplied by— 

13 ‘‘(I) in the case of an individual 

14 enrolled in a program of education at 

15 a rate of pursuit of 100 percent or 

16 greater, 100 percent; 

17 ‘‘(II) in the case of an individual 

18 enrolled in a program of education at 

19 a rate of pursuit of 75 percent or 

20 greater, 75 percent; or 

21 ‘‘(III) in the case of an individual 

22 enrolled in a program of education at 

23 a rate of pursuit of greater than 50 

24 percent.’’. 


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1 (c) APPROVED PROGRAMS OF EDUCATION AT INSTI2 TUTIONS OTHER THAN INSTITUTIONS OF HIGHER

3 LEARNING.—Section 3313 of such title is amended— 

4 (1) by striking subsection (b) and inserting the 

5 following new subsection (b): 

6 ‘‘(b) APPROVED PROGRAMS OF EDUCATION.—For 

7 purposes of this chapter, a program of education is an 

8 approved program of education for purposes of this chap9 ter if the program of education is approved for purposes 

10 of chapter 30 of this title (including approval by the State 

11 approving agency concerned) and— 

12 ‘‘(1) is offered by an institution offering post13 secondary level academic instruction that leads to an 

14 associate or higher degree and such institution is an 

15 institution of higher learning (as that term is de16 fined in section 3452(f) of this title); or 

17 ‘‘(2) is offered by an institution offering in18 struction that does not lead to an associate or higher 

19 degree and such institution is an educational institu20 tion (as that term is defined in section 3452(c) of 

21 this title).’’; 

22 (2) by redesignating subsections (g), (h) (as 

23 added by subsection (a)), and (i) (as redesignated by 

24 such subsection) as subsections (h), (i), and (j) re25 spectively; and 


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1 (3) by inserting after subsection (f) the fol2 lowing new subsection (g): 

3 ‘‘(g) PROGRAMS OF EDUCATION PURSUED AT INSTI4 TUTIONS OTHER THAN INSTITUTIONS OF HIGHER

5 LEARNING.— 

6 ‘‘(1) IN GENERAL.—Educational assistance is 

7 payable under this chapter for pursuit of an ap8 proved program of education consisting of a pro9 gram of apprenticeship, other on-job training, flight 

10 training, or correspondence courses. 

11 ‘‘(2) AMOUNT OF ASSISTANCE.—The amounts 

12 of educational assistance payable under this chapter 

13 to each individual entitled to educational assistance 

14 under this chapter who is pursuing an approved pro15 gram of education at an institution other than an in16 stitution of higher learning (as defined in section 

17 3452(f) of this title) are amounts as follows: 

18 ‘‘(A) In the case of an individual enrolled 

19 in a program of education consisting of on-job 

20 training or a program of apprenticeship, a sti21 pend for each month the individual pursues the 

22 program, as follows: 

23 ‘‘(i) For the first six-month period of 

24 the program, an amount equal to the 

25 monthly amount of the basic allowance for 


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1 housing payable under section 403 of title 

2 37 for a member with dependents in pay 

3 grade E–5 residing in the military housing 

4 area that encompasses all or the majority 

5 portion of the ZIP code area in which the 

6 employer is located. 

7 ‘‘(ii) For the second six-month period 

8 of the program, an amount equal to 80 

9 percent of such amount. 

10 ‘‘(iii) For the third six-month period 

11 of the program, an amount equal to 60 

12 percent of such amount. 

13 ‘‘(iv) For any month after the first 18 

14 months of such program, an amount equal 

15 to 40 percent of such amount. 

16 ‘‘(B) In the case of an individual enrolled 

17 in a program of education consisting of flight 

18 training, an amount equal to the lesser of— 

19 ‘‘(i) the established charges for the 

20 program of education; or 

21 ‘‘(ii) 60 percent of the amount in ef22 fect under section 3313(c)(1)(A)(ii)(II) of 

23 this title. 

24 ‘‘(C) In the case of an individual enrolled 

25 in a program of education that is pursued exVerDate Mar 15 2010 00:44 Nov 19, 2010 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6430.IH H6430

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1 clusively by correspondence, an amount equal to 

2 the lesser of— 

3 ‘‘(i) the established charges for the 

4 program of education; or 

5 ‘‘(ii) 55 percent of the amount in ef6 fect under section 3313(c)(1)(A)(ii)(II) of 

7 this title. 

8 ‘‘(D) In the case of an individual entitled 

9 to educational assistance by reason of para10 graphs (3) through (8) of section 3311(b), the 

11 amounts payable to the individual pursuant to 

12 3313(g) shall be the amounts otherwise deter13 mined pursuant to such subparagraphs multi14 plied by the same percentage applicable to the 

15 monthly amounts payable to the individual 

16 under paragraphs (2) through (7) of subsection 

17 (c). 

18 ‘‘(3) CHARGE AGAINST ENTITLEMENT.—The 

19 entitlement of an individual to educational assistance 

20 under this chapter shall be charged at the rate of 

21 one month for each month of assistance provided 

22 under this subsection.’’. 

23 (4) CONFORMING AMENDMENT.—Subsection (i) 

24 of such section 3313, as redesignated by paragraph 

25 (2) of this subsection, is amended by striking 


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1 ‘‘(e)(2), and (f)(2)(A)’’ and inserting ‘‘subsections 

2 (e)(2) and (f)(2)(A), and subparagraphs (A)(i), (B), 

3 and (C), of subsection (g)(2)’’. 

4 (d) PROGRAMS OF EDUCATION PURSUED ON ACTIVE

5 DUTY.— 

6 (1) IN GENERAL.—Subsection (e)(2) of such 

7 section is amended— 

8 (A) by redesignating subparagraphs (A) 

9 and (B) as clauses (i) and (ii), respectively, and 

10 by moving the margins of such clauses, as so 

11 redesignated, 2 ems to the right; 

12 (B) in the matter preceding clause (i), as 

13 redesignated by subparagraph (A)— 

14 (i) by striking ‘‘The amount’’ and in15 serting ‘‘The amounts’’ 

16 (ii) by striking ‘‘is the lesser of—’’ 

17 and inserting ‘‘are the amounts as follows: 

18 ‘‘(A) An amount equal to the lesser of—’’; 

19 (iii) in clause (ii), as redesignated by 

20 subparagraph (A), by inserting ‘‘; or’’ at 

21 the end; and 

22 (iv) by adding at the end the following 

23 new clause (iii): 


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1 ‘‘(iii) the amount of assistance pay2 able to the individual under subsection 

3 (c)(1)(A).’’; and 

4 (C) by adding at the end the following new 

5 subparagraph (B): 

6 ‘‘(B) For the first month of each quarter, 

7 semester, or term, as applicable, of the program 

8 of education pursued by the individual, a lump 

9 sum amount for books, supplies, equipment, 

10 and other educational costs with respect to such 

11 quarter, semester, or term in the amount equal 

12 to— 

13 ‘‘(i) $1,000, multiplied by 

14 ‘‘(ii) the fraction which is the portion 

15 of a complete academic year under the pro16 gram of education that such quarter, se17 mester, or term constitutes.’’. 

18 (2) TECHNICAL AMENDMENT.—Clause (ii) of 

19 subsection (e)(2)(A) of such section, as redesignated 

20 by paragraph (1)(A) of this subsection, is amended 

21 by adding a period at the end. 


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1 SEC. 4. EFFECTIVE DATE FOR ANNUAL HOUSING STIPEND 

2 RATE DETERMINATIONS. 

3 Section 3313 of title 38, United States Code, as 

4 amended by section 3, is further amended by adding at 

5 the end the following new subsection: 

6 ‘‘(k) DETERMINATION OF HOUSING STIPEND PAY7 MENTS FOR ACADEMIC YEARS.—Any monthly housing sti8 pend payable under this section during the academic year 

9 beginning on August 1 of a calendar year shall be deter10 mined using rates for basic allowances for housing payable 

11 under section 403 of title 37 in effect as of January 1 

12 of such calendar year.’’. 

13 SEC. 5. MODIFICATION OF ASSISTANCE FOR LICENSURE 

14 AND CERTIFICATION TESTS. 

15 (a) REPEAL OF LIMITATION ON NUMBER OF REIM16 BURSABLE TESTS.—Subsection (a) of section 3315 of title 

17 38, United States Code, is amended by striking ‘‘one li18 censing or certification test’’ and inserting ‘‘licensing or 

19 certification tests’’. 

20 (b) CHARGE OF ENTITLEMENT FOR RECEIPT OF AS21 SISTANCE.—Such section is further amended by striking 

22 subsection (c) and inserting the following new subsection 

23 (c): 

24 ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The charge 

25 against entitlement of an individual under this chapter for 

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1 section (a) shall be charged at the rate of one month for 

2 each amount equal to the national average of the monthly 

3 amount of the basic allowance for housing payable under 

4 section 403 of title 37 for a member with dependents in 

5 pay grade E–5.’’. 

6 SEC. 6. ASSISTANCE FOR NATIONAL TESTS. 

7 (a) IN GENERAL.—Chapter 33 of title 38, United 

8 States Code, is amended by inserting after section 3315 

9 the following new section: 

10 ‘‘§ 3315A. National tests 

11 ‘‘(a) IN GENERAL.—An individual entitled to edu12 cational assistance under this chapter shall also be entitled 

13 to educational assistance for the following: 

14 ‘‘(1) A national test for admission to an institu15 tion of higher learning as described in the last sen16 tence of section 3452(b) of this title. 

17 ‘‘(2) A national test providing an opportunity 

18 for course credit at an institution of higher learning 

19 as described in section 3452(f). 

20 ‘‘(b) AMOUNT.—The amount of educational assist21 ance payable under this chapter for a test described in 

22 subsection (a) is the lesser of— 

23 ‘‘(1) the fee charged for the test; or 


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1 ‘‘(2) the amount of entitlement available to the 

2 individual under this chapter at the time of payment 

3 for the test under this section. 

4 ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The charge 

5 against entitlement of an individual under this chapter for 

6 payment for a national test under subsection (a) shall be 

7 charged at the rate of one month for each amount equal 

8 to the national average of the monthly amount of the basic 

9 allowance for housing payable under section 403 of title 

10 37 for a member with dependents in pay grade E–5.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such chapter is amended by inserting 

13 after the item relating to section 3515 the following new 

14 item: 

‘‘3315A. National tests.’’. 

15 SEC. 7. LIMITATIONS ON RECEIPT OF EDUCATIONAL AS16 SISTANCE UNDER NATIONAL CALL TO SERV17 ICE AND OTHER PROGRAMS OF EDU18 CATIONAL ASSISTANCE. 

19 (a) BAR TO DUPLICATION OF EDUCATIONAL ASSIST20 ANCE BENEFITS.—Section 3322(a) of title 38, United 

21 States Code, is amended by inserting ‘‘or section 510’’ 

22 after ‘‘or 1607’’. 

23 (b) LIMITATION ON CONCURRENT RECEIPT OF EDU24 CATIONAL ASSISTANCE.—Section 3681(b)(2) of such title 


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1 is amended by inserting ‘‘and section 510’’ after ‘‘and 

2 107’’. 

3 (c) ADDITIONAL REQUIREMENTS AND LIMITA4 TIONS.—Section 3322 of such title, as amended by sub5 section (a), is further amended by adding at the end the 

6 following new subsections: 

7 ‘‘(e) BAR TO CONCURRENT RECEIPT OF TRANS8 FERRED EDUCATION BENEFITS AND MARINE GUNNERY

9 SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST10 ANCE.—An individual who is entitled to educational assist11 ance under both sections 3311(b)(9) and 3319 of this title 

12 may not receive assistance under both provisions concur13 rently, but shall elect (in such form and manner as the 

14 Secretary may prescribe) under which provision to receive 

15 educational assistance. 

16 ‘‘(f) BAR TO RECEIPT OF COMPENSATION AND PEN17 SION AND MARINE GUNNERY SERGEANT JOHN DAVID

18 FRY SCHOLARSHIP ASSISTANCE.—The commencement of 

19 a program of education under section 3311(b)(9) of this 

20 title shall be a bar to the following: 

21 ‘‘(1) Subsequent payments of dependency and 

22 indemnity compensation or pension based on the 

23 death of a parent to an eligible person over the age 

24 of 18 years by reason of pursuing a course in an 

25 educational institution. 


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1 ‘‘(2) Increased rates, or additional amounts, of 

2 compensation, dependency and indemnity compensa3 tion, or pension because of such a person, whether 

4 eligibility is based upon the death of the parent. 

5 ‘‘(g) BAR TO CONCURRENT RECEIPT OF TRANS6 FERRED EDUCATION BENEFITS.—A spouse or child who 

7 is entitled to educational assistance under this chapter 

8 based on a transfer of entitlement from more than one 

9 individual under section 3319 of this title may not receive 

10 assistance based on transfers from more than one such 

11 individual concurrently, but shall elect (in such form and 

12 manner as the Secretary may prescribe) under which 

13 source to utilize such assistance at any one time. 

14 ‘‘(h) BAR TO DUPLICATION OF ELIGIBILITY BASED

15 ON A SINGLE EVENT OR PERIOD OF SERVICE.— 

16 ‘‘(1) ACTIVE-DUTY SERVICE.—An individual 

17 with qualifying service in the Armed Forces that es18 tablishes eligibility on the part of such individual for 

19 educational assistance under this chapter, chapter 

20 30 or 32 of this title, and chapter 1606 or 1607 of 

21 title 10, shall elect (in such form and manner as the 

22 Secretary may prescribe) under which authority such 

23 service is to be credited. 

24 ‘‘(2) ELIGIBILITY FOR EDUCATIONAL ASSIST25 ANCE BASED ON PARENT’S SERVICE.—A child of a 


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1 member of the Armed Forces who, on or after Sep2 tember 11, 2001, dies in the line of duty while serv3 ing on active duty, who is eligible for educational as4 sistance under either section 3311(b)(9) or chapter 

5 35 of this title by reason of the parent’s death may 

6 not receive such assistance under both this chapter 

7 and chapter 35 of this title, but shall elect (in such 

8 form and manner as the Secretary may prescribe) 

9 under which chapter to receive such assistance.’’. 

10 SEC. 8. PAYMENT OF EDUCATIONAL ASSISTANCE OR SUB11 SISTENCE ALLOWANCES. 

12 Section 3680(a)(3)(B) of title 38, United States 

13 Code, is amended by striking ‘‘Notwithstanding the fore14 going’’ and all that follows through the period at the end 

15 and inserting the following: 

16 ‘‘Notwithstanding the foregoing, the Secretary may, 

17 subject to such regulations as the Secretary shall pre18 scribe, continue to pay allowances to any eligible veteran 

19 or eligible person who is enrolled in a course at an edu20 cational institution during periods when the educational 

21 institution is temporarily closed under an established pol22 icy based on an Executive order of the President or due 

23 to an emergency situation. The total number of weeks for 

24 which allowances may continue to be so payable in any 

25 12-month period may not exceed 4 weeks.’’. 


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1 SEC. 9. INCREASE IN AMOUNT OF REPORTING FEE. 

2 Section 3684(c) of title 38, United States Code, is 

3 amended— 

4 (1) by striking ‘‘multiplying $7’’ and inserting 

5 ‘‘multiplying $12’’; and 

6 (2) by striking ‘‘or $11’’ and inserting ‘‘or 

7 $15’’. 

8 SEC. 10. AMOUNT OF SUBSISTENCE ALLOWANCE FOR VET9 ERANS WITH SERVICE-CONNECTED DISABIL10 ITIES. 

11 Section 3108(b) of title 38, United States Code, is 

12 amended by adding at the end the following new para13 graph: 

14 ‘‘(4) A veteran entitled to subsistence allowance 

15 under this chapter and educational assistance under chap16 ter 33 of this title may elect to receive payment from the 

17 Secretary in lieu of an amount otherwise determined by 

18 the Secretary under this subsection in an amount equal 

19 to the national average of the monthly amount of basic 

20 allowance for housing payable under section 403 of title 

21 37 for a member with dependents in pay grade E–5.’’. 

22 SEC. 11. SUNSET OF BENEFITS. 

23 Title 38, United States Code, is amended by inserting 

24 the following: 


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1 ‘‘§ 3037. Sunset of benefits 

2 ‘‘Education benefits under this chapter are limited to 

3 eligible individuals who enlisted or reenlisted before Octo4 ber 1, 2012.’’. 

5 SEC. 12. MODIFICATION TO MONTGOMERY G.I. BILL COST 

6 OF LIVING ADJUSTMENTS. 

7 (a) IN GENERAL.—Section 3015 of title 38, United 

8 States Code, is amended— 

9 (1) by striking subsection (h); 

10 (2) in subsection (a)(1), by striking ‘‘rate of— 

11 ’’ and all that follows through ‘‘; or’’ and inserting 

12 ‘‘rate of $1426; or’’; and 

13 (3) in subsection (b)(1), by striking ‘‘rate of— 

14 ’’ and all that follows through ‘‘; or’’ and inserting 

15 ‘‘rate of $1158; or’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on the date of the enact18 ment of this Act. 

19 SEC. 13. EFFECTIVE DATE. 

20 Except as otherwise provided, sections 1 through 12 

21 of this Act shall take effect on August 1, 2011. 

Æ 


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