II 

111TH CONGRESS 

2D SESSION S. 3447 

To amend title 38, United States Code, to improve educational assistance 

for veterans who served in the Armed Forces after September 11, 2001, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 27 (legislative day, MAY 26), 2010 

Mr. AKAKA introduced the following bill; which was read twice and 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 Improvements 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; and 

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

9 the President or Secretary of Defense for 

10 the purpose of responding to a national 

11 emergency declared by the President and 

12 supported by Federal funds.’’. 

13 (3) EXPANSION OF DEFINITION OF ENTRY

14 LEVEL AND SKILL TRAINING TO INCLUDE ONE STA15 TION UNIT TRAINING.—Paragraph (2)(A) of such 

16 section is amended by inserting ‘‘or One Station 

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

18 (b) CLARIFICATION OF APPLICABILITY OF HONOR19 ABLE SERVICE REQUIREMENT FOR CERTAIN DISCHARGES

20 AND RELEASES FROM THE ARMED FORCES AS BASIS FOR

21 ENTITLEMENT TO EDUCATIONAL ASSISTANCE.—Section 

22 3311(c)(4) of such title is amended in the matter pre23 ceding subparagraph (A) by striking ‘‘A discharge or re24 lease from active duty in the Armed Forces’’ and inserting 

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


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1 Forces after service on active duty in the Armed Forces 

2 characterized by the Secretary concerned as honorable 

3 service’’. 

4 (c) EXCLUSION OF PERIOD OF SERVICE ON ACTIVE

5 DUTY OF PERIODS OF SERVICE IN CONNECTION WITH

6 ATTENDANCE AT THE COAST GUARD ACADEMY.—Section 

7 3311(d)(2) of such title is amended by inserting ‘‘or sec8 tion 182 of title 14’’ before the period at the end. 

9 SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND 

10 TYPES OF APPROVED PROGRAMS OF EDU11 CATION. 

12 (a) AMOUNT OF EDUCATIONAL ASSISTANCE FOR

13 PROGRAMS OF EDUCATION PURSUED AT PUBLIC, NON14 PUBLIC, AND FOREIGN INSTITUTIONS OF HIGHER

15 LEARNING.—Section 3313(c) of title 38, United States 

16 Code, is amended— 

17 (1) by striking the subsection heading and in18 serting the following: ‘‘PROGRAMS OF EDUCATION

19 AT INSTITUTIONS OF HIGHER LEARNING PURSUED

20 AT MORE THAN HALF-TIME BASIS.—’’; 

21 (2) in the matter preceding paragraph (1) by 

22 inserting ‘‘at an institution of higher learning (as 

23 defined in section 3452(f) of this title)’’ after ‘‘pro24 gram of education’’; and 


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1 (3) in paragraph (1), by amending subpara2 graph (A) to read as follows: 

3 ‘‘(A) An amount equal to— 

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

5 is a public institution of higher learning, 

6 the established charges for the program of 

7 education; and 

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

9 is a non-public or foreign institution of 

10 higher learning, the lesser of— 

11 ‘‘(I) the established charges for 

12 the program of education; or 

13 ‘‘(II) the amount of the average 

14 of the established charges at all insti15 tutions of higher learning in the 

16 United States for a program of edu17 cation leading to a baccalaureate de18 gree as determined by the National 

19 Center for Education Statistics of the 

20 Department of Education for the 

21 most recent academic year.’’. 

22 (b) MODIFICATION OF AMOUNT OF MONTHLY STI23 PENDS, INCLUDING STIPENDS FOR PART-TIME STUDY, 

24 DISTANCE LEARNING, AND PURSUIT OF PROGRAMS OF

25 EDUCATION AT FOREIGN INSTITUTIONS OF HIGHER


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

2 such title is amended— 

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

4 and 

5 (2) by striking clause (i) and inserting the fol6 lowing new clauses: 

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

8 and (iii), for each month the individual 

9 pursues the program of education, a 

10 monthly housing stipend amount equal to 

11 the product of— 

12 ‘‘(I) the monthly amount of the 

13 basic allowance for housing payable 

14 under section 403 of title 37 for a 

15 member with dependents in pay grade 

16 E–5 residing in the military housing 

17 area that encompasses all or the ma18 jority portion of the ZIP code area in 

19 which is located the institution of 

20 higher learning at which the indi21 vidual is enrolled, multiplied by 

22 ‘‘(II) the lesser of one or the 

23 quotient of— 

24 ‘‘(aa) the number of course 

25 hours borne by the individual in 


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1 pursuit of the program of edu2 cation involved, divided by 

3 ‘‘(bb) the minimum number 

4 of course hours required for full5 time pursuit of such program of 

6 education. 

7 ‘‘(ii) In the case of an individual pur8 suing a program of education at a foreign 

9 institution of higher learning, for each 

10 month the individual pursues the program 

11 of education, a monthly housing stipend 

12 amount equal to the product of— 

13 ‘‘(I) the national average of the 

14 monthly amount of the basic allow15 ance for housing payable under sec16 tion 403 of title 37 for a member with 

17 dependents in pay grade E–5, multi18 plied by 

19 ‘‘(II) the lesser of one or the 

20 quotient of— 

21 ‘‘(aa) the number of course 

22 hours borne by the individual in 

23 pursuit of the program of edu24 cation involved, divided by 


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1 ‘‘(bb) the minimum number 

2 of course hours required for full3 time pursuit of such program of 

4 education. 

5 ‘‘(iii) In the case of an individual pur6 suing a program of education through dis7 tance learning on more than a half-time 

8 basis, a monthly housing stipend amount 

9 in an amount equal to 50 percent of the 

10 amount payable under clause (ii) if the in11 dividual were otherwise entitled to a 

12 monthly housing stipend under that clause 

13 for pursuit of the program of education.’’. 

14 (c) EDUCATIONAL ASSISTANCE FOR APPROVED PRO15 GRAMS OF EDUCATION AT INSTITUTIONS OTHER THAN

16 INSTITUTIONS OF HIGHER LEARNING.— 

17 (1) APPROVED PROGRAMS OF EDUCATION AT

18 INSTITUTIONS OTHER THAN INSTITUTIONS OF HIGH19 ER LEARNING.—Subsection (b) of section 3313 of 

20 such title is amended by striking ‘‘is offered by an 

21 institution of higher learning (as that term is de22 fined in section 3452(f)) and’’. 

23 (2) ASSISTANCE FOR PURSUIT OF PROGRAMS

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1 STITUTIONS OF HIGHER LEARNING.—Such section is 

2 further amended— 

3 (A) by redesignating subsections (g) and 

4 (h) as subsections (h) and (i), respectively; and 

5 (B) by inserting after subsection (f) the 

6 following new subsection (g): 

7 ‘‘(g) PROGRAMS OF EDUCATION PURSUED AT INSTI8 TUTIONS OTHER THAN INSTITUTIONS OF HIGHER

9 LEARNING.— 

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

11 payable under this chapter for pursuit of an ap12 proved program of education at an institution other 

13 than an institution of higher learning. 

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

15 of educational assistance payable under this chapter 

16 to each individual entitled to educational assistance 

17 under this chapter who is pursuing an approved pro18 gram of education at an institution other than an in19 stitution of higher learning (as defined in section 

20 3452(f) of this title) are amounts as follows: 

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

22 in a program of education (other than a pro23 gram described in subparagraphs (B) through 

24 (D)) in pursuit of a certificate or other non-col25 lege degree, amounts as follows: 


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1 ‘‘(i) The lesser of— 

2 ‘‘(I) the established charges for 

3 the program of education; or 

4 ‘‘(II) the amount of the average 

5 of the established charges at all insti6 tutions of higher learning in the 

7 United States for a program of edu8 cation leading to a baccalaureate de9 gree as determined by the National 

10 Center for Education Statistics of the 

11 Department of Education for the 

12 most recent academic year. 

13 ‘‘(ii) A monthly stipend in an amount 

14 equal to the monthly amount of the basic 

15 allowance for housing payable under sec16 tion 403 of title 37 for a member with de17 pendents in pay grade E–5 residing in the 

18 military housing area that encompasses all 

19 or the majority portion of the ZIP code 

20 area in which is located the institution at 

21 which the individual is enrolled. 

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

23 in a program of education consisting of on-job 

24 training or a program of apprenticeship, 

25 amounts as follows: 


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1 ‘‘(i) For each month the individual 

2 pursues the program— 

3 ‘‘(I) in the first six-month period 

4 of the program, an amount equal to 

75 percent of 1 5 ⁄12 of the amount of 

6 the average of the established charges 

7 at all institutions of higher learning in 

8 the United States for a program of 

9 education leading to a baccalaureate 

10 degree as determined by the National 

11 Center for Education Statistics of the 

12 Department of Education for the 

13 most recent academic year; 

14 ‘‘(II) in the second six-month pe15 riod of the program, an amount equal 

to 55 percent of 1 16 ⁄12 of the amount of 

17 such average; and 

18 ‘‘(III) in any month after the 

19 first 12 months of such program, an 

amount equal to 35 percent of 1 20 ⁄12 of 

21 the amount of such average. 

22 ‘‘(ii) A monthly stipend in an amount 

23 equal to the lesser of— 

24 ‘‘(I) the monthly amount of the 

25 basic allowance for housing payable 


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1 under section 403 of title 37 for a 

2 member with dependents in pay grade 

3 E–5 residing in the military housing 

4 area that encompasses all or the ma5 jority portion of the ZIP code area in 

6 which is located the employer at which 

7 the individual pursues such program; 

8 or 

9 ‘‘(II) the national average of the 

10 monthly amount of the basic allow11 ance for housing payable under sec12 tion 403 of title 37 for a member with 

13 dependents in pay grade E–5. 

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

15 in a program of education consisting of flight 

16 training, an amount equal to the lesser of— 

17 ‘‘(i) the established charges for the 

18 program of education; or 

19 ‘‘(ii) 60 percent of the amount of the 

20 average of the established charges at all in21 stitutions of higher learning in the United 

22 States for a program of education leading 

23 to a baccalaureate degree as determined by 

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1 tics of the Department of Education for 

2 the most recent academic year. 

3 ‘‘(D) In the case of an individual enrolled 

4 in a program of education that is pursued ex5 clusively by correspondence, an amount equal to 

6 the lesser of— 

7 ‘‘(i) the established charges for the 

8 program of education; or 

9 ‘‘(ii) 55 percent of the amount of the 

10 average of the established charges at all in11 stitutions of higher learning in the United 

12 States for a program of education leading 

13 to a baccalaureate degree as determined by 

14 the National Center for Education Statis15 tics of the Department of Education for 

16 the most recent academic year. 

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

18 entitlement of an individual to educational assistance 

19 under this chapter shall be charged at the rate of 

20 one month for each month of assistance provided 

21 under this subsection.’’. 

22 (3) CONFORMING AMENDMENT.—Subsection (h) 

23 of such section 3313, as redesignated by paragraph 

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

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


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

2 (B)(i), (C), and (D) of subsection (g)(2)’’. 

3 (d) PROGRAMS OF EDUCATION PURSUED ON ACTIVE

4 DUTY.— 

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

6 section is amended— 

7 (A) by redesignating subparagraphs (A) 

8 and (B) as clauses (i) and (ii), respectively; 

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

10 redesignated by subparagraph (A)— 

11 (i) by striking ‘‘The amount’’ and in12 serting ‘‘The amounts’’; and 

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

14 and inserting ‘‘are the amounts as follows: 

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

16 and 

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

18 subparagraph (B): 

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

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

21 of education pursued by the individual, a lump 

22 sum amount for books, supplies, equipment, 

23 and other educational costs with respect to such 

24 quarter, semester, or term in the amount equal 

25 to— 


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1 ‘‘(i) $1,000, multiplied by 

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

3 of a complete academic year under the pro4 gram of education that such quarter, se5 mester, or term constitutes.’’. 

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

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

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

9 by adding a period at the end. 

10 SEC. 4. MODIFICATION OF ASSISTANCE FOR LICENSURE 

11 AND CERTIFICATION TESTS. 

12 (a) REPEAL OF LIMITATION ON NUMBER OF REIM13 BURSABLE TESTS.—Subsection (a) of section 3315 of title 

14 38, United States Code, is amended by striking ‘‘one li15 censing or certification test’’ and inserting ‘‘licensing or 

16 certification tests’’. 

17 (b) CHARGE OF ENTITLEMENT FOR RECEIPT OF AS18 SISTANCE.—Such section is further amended by striking 

19 subsection (c) and inserting the following new subsection 

20 (c): 

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

22 against entitlement of an individual under this chapter for 

23 payment for a licensing or certification test under sub24 section (a) shall be charged at the rate of one month for 

each amount equal to 1 25 ⁄12 of the amount of the average 


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1 of the established charges at all institutions of higher 

2 learning in the United States for a program of education 

3 leading to a baccalaureate degree as determined by the 

4 National Center for Education Statistics of the Depart5 ment of Education for the most recent academic year.’’. 

6 SEC. 5. TRANSFER OF ENTITLEMENT TO SUPPLEMENTAL 

7 EDUCATIONAL ASSISTANCE TO POST-9/11 

8 EDUCATIONAL ASSISTANCE. 

9 (a) IN GENERAL.—Section 3316 of title 38, United 

10 States Code, is amended— 

11 (1) by redesignating subsection (c) as sub12 section (e); and 

13 (2) by inserting after subsection (b) the fol14 lowing new subsection (c): 

15 ‘‘(c) TRANSFER OF SUPPLEMENTAL EDUCATIONAL

16 ASSISTANCE.— 

17 ‘‘(1) IN GENERAL.—An individual entitled to 

18 supplemental educational assistance under sub19 chapter III of chapter 30 of this title may transfer 

20 such entitlement to entitlement for supplemental 

21 educational assistance under this section. Such indi22 vidual shall receive entitlement to one month of sup23 plemental educational assistance under this section 

24 for each month of entitlement to supplemental edu25 cational assistance so transferred. 


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1 ‘‘(2) RATE.—The monthly rate of supplemental 

2 educational assistance payable to an individual who 

3 transfers entitlement under paragraph (1) shall be 

4 payable at the same rate as such entitlement would 

5 otherwise be payable to such individual under sub6 chapter III of chapter 30 of this title. 

7 ‘‘(3) NATURE OF TRANSFERRED ENTITLE8 MENT.—An amount of supplemental educational as9 sistance transferred under paragraph (1) shall be 

10 payable as an increase in the monthly amount of 

11 educational assistance otherwise payable to the indi12 vidual under paragraph (1)(B) of section 3313(c) of 

13 this title, or under paragraphs (2) through (7) of 

14 such section 3313(c) (as applicable).’’. 

15 (b) CLARIFICATION ON REIMBURSEMENT OF IN16 CREASED OR SUPPLEMENTAL ASSISTANCE.—Such section 

17 is further amended by inserting after subsection (c), as 

18 added by subsection (a)(2) of this section, the following 

19 new subsection (d): 

20 ‘‘(d) REIMBURSEMENT.—Any expense incurred by 

21 the Secretary for the provision of increased assistance or 

22 supplemental assistance to an individual under this section 

23 shall be reimbursed by the Secretary concerned.’’. 


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1 SEC. 6. TRANSFER OF UNUSED EDUCATION BENEFITS TO 

2 FAMILY MEMBERS. 

3 (a) ADMINISTRATION OF TRANSFERS OF ENTITLE4 MENT BY INDIVIDUALS NO LONGER MEMBERS OF THE

5 ARMED FORCES.—Section 3319(h) of title 38, United 

6 States Code, is amended— 

7 (1) by redesignating paragraph (7) as para8 graph (8); and 

9 (2) by inserting after paragraph (6) the fol10 lowing new paragraph (7): 

11 ‘‘(7) ADMINISTRATION FOR INDIVIDUALS NO

12 LONGER MEMBERS OF THE ARMED FORCES.—The 

13 Secretary of Defense shall administer the provisions 

14 of this section with respect to individuals who are 

15 discharged or released from the Armed Forces, in16 cluding the making of any determinations of eligi17 bility of such individuals for transfers of entitlement 

18 under this section and the processing of applications 

19 to transfer, modify, or revoke entitlement under this 

20 section.’’. 

21 (b) APPLICABILITY OF ENTITLEMENT AUTHORITY

22 TO MEMBERS OF PUBLIC HEALTH SERVICE AND NA23 TIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— 

24 Section 3319 of such title is amended by striking sub25 section (k). 


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1 (c) REIMBURSEMENT OF EXPENSES OF SECRETARY

2 OF VETERANS AFFAIRS BY SECRETARY CONCERNED.— 

3 Such section is further amended by adding at the end the 

4 following new subsection (k): 

5 ‘‘(k) REIMBURSEMENT OF EXPENSES OF SECRETARY

6 OF VETERANS AFFAIRS BY SECRETARY CONCERNED.— 

7 Any expense incurred by the Secretary for the provision 

8 of educational assistance under subsection (a) to a de9 pendent described in such subsection shall be reimbursed 

10 by the Secretary concerned.’’. 

11 (d) TECHNICAL CORRECTION.—Subsection (b)(2) of 

12 such section is amended by striking ‘‘to section (k)’’ and 

13 inserting ‘‘to subsection (j)’’. 

14 SEC. 7. LIMITATIONS ON RECEIPT OF EDUCATIONAL AS15 SISTANCE UNDER NATIONAL CALL TO SERV16 ICE AND OTHER PROGRAMS OF EDU17 CATIONAL ASSISTANCE. 

18 (a) BAR TO DUPLICATION OF EDUCATIONAL ASSIST19 ANCE BENEFITS.—Section 3322(a) of title 38, United 

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

21 after ‘‘or 1607’’. 

22 (b) LIMITATION ON CONCURRENT RECEIPT OF EDU23 CATIONAL ASSISTANCE.—Section 3681(b)(2) of such title 

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

25 107’’. 


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1 SEC. 8. APPROVAL OF PROGRAMS OF EDUCATION CON2 SISTING OF DISTANCE LEARNING. 

3 (a) NONACCREDITED COURSES PURSUED BY DIS4 TANCE LEARNING.—Section 3676(e) of title 38, United 

5 States Code, is amended by inserting ‘‘or distance learn6 ing’’ after ‘‘independent study’’. 

7 (b) DISAPPROVAL OF ENROLLMENT IN NONACCRED8 ITED COURSES OF DISTANCE LEARNING.—Section 

9 3680A(a)(4) of such title is amended by inserting ‘‘or dis10 tance learning’’ after ‘‘independent study’’ each place it 

11 appears. 

12 (c) RULEMAKING.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of Vet14 erans Affairs shall prescribe regulations under section 

15 3323(c) of such title for the administration and approval 

16 of programs of education that consist of distance learning. 

17 (d) DISTANCE LEARNING DEFINED.—In this section, 

18 the term ‘‘distance learning’’ has the meaning given the 

19 term ‘‘distance education’’ in section 103 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1003). 

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

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

23 amended— 

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

25 ‘‘multiplying $12’’; and 


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

2 $15’’. 

3 SEC. 10. AMOUNT OF SUBSISTENCE ALLOWANCE FOR VET4 ERANS WITH SERVICE-CONNECTED DISABIL5 ITIES. 

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

7 amended by adding at the end the following new para8 graph: 

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

10 under this chapter may elect to receive payment from the 

11 Secretary, in lieu of an amount otherwise determined by 

12 the Secretary under this subsection, an amount equal to 

13 the national average of the monthly amount of basic allow14 ance for housing payable under section 403 of title 37 for 

15 a member with dependents in pay grade E–5.’’. 

16 SEC. 11. REPEAL OF AUTHORITY TO MAKE CERTAIN INTER17 VAL PAYMENTS. 

18 Section 3680(a) of title 38, United States Code, is 

19 amended after the flush matter— 

20 (1) in subparagraph (A), by adding ‘‘or’’ at the 

21 end; 

22 (2) in subparagraph (B), by striking ‘‘; or’’ and 

23 inserting a period; and 

24 (3) by striking subparagraph (C). 

Æ 


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