II 

Calendar No. 638 

111TH CONGRESS 

2D SESSION S. 3447 

[Report No. 111–346] 

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 (for himself, Mr. BEGICH, Ms. STABENOW, Mr. UDALL of New 

Mexico, Mr. WEBB, Mrs. MURRAY, Ms. SNOWE, Mr. MERKLEY, Mr. 

TESTER, Mr. LAUTENBERG, Mrs. MCCASKILL, Mr. BURR, Mr. INOUYE, 

Mr. SANDERS, Mr. BENNET, Mr. BURRIS, Mr. WYDEN, Mr. BAUCUS, Mr. 

JOHNSON, Mr. DODD, Mr. SCHUMER, Mr. KAUFMAN, Mr. ROCKEFELLER, Ms. LANDRIEU, Mrs. GILLIBRAND, Mrs. BOXER, Ms. MURKOWSKI, and Mrs. LINCOLN) introduced the following bill; which was read 

twice and referred to the Committee on Veterans’ Affairs 

OCTOBER 26 (legislative day, OCTOBER 1), 2010 

Reported under authority of the order of the Senate of September 29, 2010, 

by Mr. AKAKA, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 


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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’’. 

6 SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL 

7 ASSISTANCE. 

8 (a) MODIFICATION OF DEFINITIONS THAT CONCERN

9 ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.— 

10 (1) MODIFICATION OF DEFINITION OF ACTIVE

11 DUTY WITH RESPECT TO MEMBERS OF RESERVE

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

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

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

15 following: ‘‘of title 10— 

16 ‘‘(i) for the purpose of organizing, ad17 ministering, recruiting, instructing, or 

18 training the reserve components of the 

19 Armed Forces; or 

20 ‘‘(ii) in support of a contingency oper21 ation (as defined in section 101(a) of title 

22 10).’’. 

23 (2) EXPANSION OF DEFINITION OF ACTIVE

24 DUTY TO INCLUDE SERVICE IN NATIONAL GUARD

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


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1 section is amended by adding at the end the fol2 lowing new subparagraph: 

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

4 National Guard of the United States or Air Na5 tional Guard of the United States, in addition 

6 to service described in subparagraph (B), full7 time service— 

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

9 for the purpose of organizing, admin10 istering, recruiting, instructing, or training 

11 the National Guard; and 

12 ‘‘(ii) in the National Guard under sec13 tion 502(f) of title 32 when authorized by 

14 the President or Secretary of Defense for 

15 the purpose of responding to a national 

16 emergency declared by the President and 

17 supported by Federal funds.’’. 

18 (3) EXPANSION OF DEFINITION OF ENTRY

19 LEVEL AND SKILL TRAINING TO INCLUDE ONE STA20 TION UNIT TRAINING.—Paragraph (2)(A) of such 

21 section is amended by inserting ‘‘or One Station 

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

23 (b) CLARIFICATION OF APPLICABILITY OF HONOR24 ABLE SERVICE REQUIREMENT FOR CERTAIN DISCHARGES

25 AND RELEASES FROM THE ARMED FORCES AS BASIS FOR


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1 ENTITLEMENT TO EDUCATIONAL ASSISTANCE.—Section 

2 3311(c)(4) of such title is amended in the matter pre3 ceding subparagraph (A) by striking ‘‘A discharge or re4 lease from active duty in the Armed Forces’’ and inserting 

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

6 Forces after service on active duty in the Armed Forces 

7 characterized by the Secretary concerned as honorable 

8 service’’. 

9 (c) EXCLUSION OF PERIOD OF SERVICE ON ACTIVE

10 DUTY OF PERIODS OF SERVICE IN CONNECTION WITH

11 ATTENDANCE AT THE COAST GUARD ACADEMY.—Section 

12 3311(d)(2) of such title is amended by inserting ‘‘or sec13 tion 182 of title 14’’ before the period at the end. 

14 SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND 

15 TYPES OF APPROVED PROGRAMS OF EDU16 CATION. 

17 (a) AMOUNT OF EDUCATIONAL ASSISTANCE FOR

18 PROGRAMS OF EDUCATION PURSUED AT PUBLIC, NON19 PUBLIC, AND FOREIGN INSTITUTIONS OF HIGHER

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

21 Code, is amended— 

22 (1) by striking the subsection heading and in23 serting the following: ‘‘PROGRAMS OF EDUCATION

24 AT INSTITUTIONS OF HIGHER LEARNING PURSUED

25 AT MORE THAN HALF-TIME BASIS.—’’; 


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

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

3 defined in section 3452(f) of this title)’’ after ‘‘pro4 gram of education’’; and 

5 (3) in paragraph (1), by amending subpara6 graph (A) to read as follows: 

7 ‘‘(A) An amount equal to— 

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

9 is a public institution of higher learning, 

10 the established charges for the program of 

11 education; and 

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

13 is a non-public or foreign institution of 

14 higher learning, the lesser of— 

15 ‘‘(I) the established charges for 

16 the program of education; or 

17 ‘‘(II) the amount of the average 

18 of the established charges at all insti19 tutions of higher learning in the 

20 United States for a program of edu21 cation leading to a baccalaureate de22 gree as determined by the National 

23 Center for Education Statistics of the 

24 Department of Education for the 

25 most recent academic year.’’. 


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1 (b) MODIFICATION OF AMOUNT OF MONTHLY STI2 PENDS, INCLUDING STIPENDS FOR PART-TIME STUDY, 

3 DISTANCE LEARNING, AND PURSUIT OF PROGRAMS OF

4 EDUCATION AT FOREIGN INSTITUTIONS OF HIGHER

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

6 such title is amended— 

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

8 and 

9 (2) by striking clause (i) and inserting the fol10 lowing new clauses: 

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

12 and (iii), for each month the individual 

13 pursues the program of education, a 

14 monthly housing stipend amount equal to 

15 the product of— 

16 ‘‘(I) the monthly amount of the 

17 basic allowance for housing payable 

18 under section 403 of title 37 for a 

19 member with dependents in pay grade 

20 E–5 residing in the military housing 

21 area that encompasses all or the ma22 jority portion of the ZIP code area in 

23 which is located the institution of 

24 higher learning at which the indi25 vidual is enrolled, multiplied by 


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1 ‘‘(II) the lesser of one or the 

2 quotient of— 

3 ‘‘(aa) the number of course 

4 hours borne by the individual in 

5 pursuit of the program of edu6 cation involved, divided by 

7 ‘‘(bb) the minimum number 

8 of course hours required for full9 time pursuit of such program of 

10 education. 

11 ‘‘(ii) In the case of an individual pur12 suing a program of education at a foreign 

13 institution of higher learning, for each 

14 month the individual pursues the program 

15 of education, a monthly housing stipend 

16 amount equal to the product of— 

17 ‘‘(I) the national average of the 

18 monthly amount of the basic allow19 ance for housing payable under sec20 tion 403 of title 37 for a member with 

21 dependents in pay grade E–5, multi22 plied by 

23 ‘‘(II) the lesser of one or the 

24 quotient of— 


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1 ‘‘(aa) the number of course 

2 hours borne by the individual in 

3 pursuit of the program of edu4 cation involved, divided by 

5 ‘‘(bb) the minimum number 

6 of course hours required for full7 time pursuit of such program of 

8 education. 

9 ‘‘(iii) In the case of an individual pur10 suing a program of education through dis11 tance learning on more than a half-time 

12 basis, a monthly housing stipend amount 

13 in an amount equal to 50 percent of the 

14 amount payable under clause (ii) if the in15 dividual were otherwise entitled to a 

16 monthly housing stipend under that clause 

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

18 (c) EDUCATIONAL ASSISTANCE FOR APPROVED PRO19 GRAMS OF EDUCATION AT INSTITUTIONS OTHER THAN

20 INSTITUTIONS OF HIGHER LEARNING.— 

21 (1) APPROVED PROGRAMS OF EDUCATION AT

22 INSTITUTIONS OTHER THAN INSTITUTIONS OF HIGH23 ER LEARNING.—Subsection (b) of section 3313 of 

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


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1 institution of higher learning (as that term is de2 fined in section 3452(f)) and’’. 

3 (2) ASSISTANCE FOR PURSUIT OF PROGRAMS

4 OF EDUCATION AT INSTITUTIONS OTHER THAN IN5 STITUTIONS OF HIGHER LEARNING.—Such section is 

6 further amended— 

7 (A) by redesignating subsections (g) and 

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

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

10 following new subsection (g): 

11 ‘‘(g) PROGRAMS OF EDUCATION PURSUED AT INSTI12 TUTIONS OTHER THAN INSTITUTIONS OF HIGHER

13 LEARNING.— 

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

15 payable under this chapter for pursuit of an ap16 proved program of education at an institution other 

17 than an institution of higher learning. 

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

19 of educational assistance payable under this chapter 

20 to each individual entitled to educational assistance 

21 under this chapter who is pursuing an approved pro22 gram of education at an institution other than an in23 stitution of higher learning (as defined in section 

24 3452(f) of this title) are amounts as follows: 


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

2 in a program of education (other than a pro3 gram described in subparagraphs (B) through 

4 (D)) in pursuit of a certificate or other non-col5 lege degree, amounts as follows: 

6 ‘‘(i) The lesser of— 

7 ‘‘(I) the established charges for 

8 the program of education; or 

9 ‘‘(II) the amount of the average 

10 of the established charges at all insti11 tutions of higher learning in the 

12 United States for a program of edu13 cation leading to a baccalaureate de14 gree as determined by the National 

15 Center for Education Statistics of the 

16 Department of Education for the 

17 most recent academic year. 

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

19 equal to the monthly amount of the basic 

20 allowance for housing payable under sec21 tion 403 of title 37 for a member with de22 pendents in pay grade E–5 residing in the 

23 military housing area that encompasses all 

24 or the majority portion of the ZIP code 


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1 area in which is located the institution at 

2 which the individual is enrolled. 

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

4 in a program of education consisting of on-job 

5 training or a program of apprenticeship, 

6 amounts as follows: 

7 ‘‘(i) For each month the individual 

8 pursues the program— 

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

10 of the program, an amount equal to 

75 percent of 1 11 ⁄12 of the amount of 

12 the average of the established charges 

13 at all institutions of higher learning in 

14 the United States for a program of 

15 education leading to a baccalaureate 

16 degree as determined by the National 

17 Center for Education Statistics of the 

18 Department of Education for the 

19 most recent academic year; 

20 ‘‘(II) in the second six-month pe21 riod of the program, an amount equal 

to 55 percent of 1 22 ⁄12 of the amount of 

23 such average; and 

24 ‘‘(III) in any month after the 

25 first 12 months of such program, an 


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amount equal to 35 percent of 1 1 ⁄12 of 

2 the amount of such average. 

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

4 equal to the lesser of— 

5 ‘‘(I) the monthly amount of the 

6 basic allowance for housing payable 

7 under section 403 of title 37 for a 

8 member with dependents in pay grade 

9 E–5 residing in the military housing 

10 area that encompasses all or the ma11 jority portion of the ZIP code area in 

12 which is located the employer at which 

13 the individual pursues such program; 

14 or 

15 ‘‘(II) the national average of the 

16 monthly amount of the basic allow17 ance for housing payable under sec18 tion 403 of title 37 for a member with 

19 dependents in pay grade E–5. 

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

21 in a program of education consisting of flight 

22 training, an amount equal to the lesser of— 

23 ‘‘(i) the established charges for the 

24 program of education; or 


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

2 average of the established charges at all in3 stitutions of higher learning in the United 

4 States for a program of education leading 

5 to a baccalaureate degree as determined by 

6 the National Center for Education Statis7 tics of the Department of Education for 

8 the most recent academic year. 

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

10 in a program of education that is pursued ex11 clusively by correspondence, an amount equal to 

12 the lesser of— 

13 ‘‘(i) the established charges for the 

14 program of education; or 

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

16 average of the established charges at all in17 stitutions of higher learning in the United 

18 States for a program of education leading 

19 to a baccalaureate degree as determined by 

20 the National Center for Education Statis21 tics of the Department of Education for 

22 the most recent academic year. 

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

24 entitlement of an individual to educational assistance 

25 under this chapter shall be charged at the rate of 


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1 one month for each month of assistance provided 

2 under this subsection.’’. 

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

4 of such section 3313, as redesignated by paragraph 

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

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

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

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

9 (d) PROGRAMS OF EDUCATION PURSUED ON ACTIVE

10 DUTY.— 

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

12 section is amended— 

13 (A) by redesignating subparagraphs (A) 

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

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

16 redesignated by subparagraph (A)— 

17 (i) by striking ‘‘The amount’’ and in18 serting ‘‘The amounts’’; and 

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

20 and inserting ‘‘are the amounts as follows: 

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

22 and 

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

24 subparagraph (B): 


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

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

3 of education pursued by the individual, a lump 

4 sum amount for books, supplies, equipment, 

5 and other educational costs with respect to such 

6 quarter, semester, or term in the amount equal 

7 to— 

8 ‘‘(i) $1,000, multiplied by 

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

10 of a complete academic year under the pro11 gram of education that such quarter, se12 mester, or term constitutes.’’. 

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

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

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

16 by adding a period at the end. 

17 SEC. 4. MODIFICATION OF ASSISTANCE FOR LICENSURE 

18 AND CERTIFICATION TESTS. 

19 (a) REPEAL OF LIMITATION ON NUMBER OF REIM20 BURSABLE TESTS.—Subsection (a) of section 3315 of title 

21 38, United States Code, is amended by striking ‘‘one li22 censing or certification test’’ and inserting ‘‘licensing or 

23 certification tests’’. 

24 (b) CHARGE OF ENTITLEMENT FOR RECEIPT OF AS25 SISTANCE.—Such section is further amended by striking 


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1 subsection (c) and inserting the following new subsection 

2 (c): 

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

4 against entitlement of an individual under this chapter for 

5 payment for a licensing or certification test under sub6 section (a) shall be charged at the rate of one month for 

each amount equal to 1 7 ⁄12 of the amount of the average 

8 of the established charges at all institutions of higher 

9 learning in the United States for a program of education 

10 leading to a baccalaureate degree as determined by the 

11 National Center for Education Statistics of the Depart12 ment of Education for the most recent academic year.’’. 

13 SEC. 5. TRANSFER OF ENTITLEMENT TO SUPPLEMENTAL 

14 EDUCATIONAL ASSISTANCE TO POST-9/11 

15 EDUCATIONAL ASSISTANCE. 

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

17 States Code, is amended— 

18 (1) by redesignating subsection (c) as sub19 section (e); and 

20 (2) by inserting after subsection (b) the fol21 lowing new subsection (c): 

22 ‘‘(c) TRANSFER OF SUPPLEMENTAL EDUCATIONAL

23 ASSISTANCE.— 

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

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1 chapter III of chapter 30 of this title may transfer 

2 such entitlement to entitlement for supplemental 

3 educational assistance under this section. Such indi4 vidual shall receive entitlement to one month of sup5 plemental educational assistance under this section 

6 for each month of entitlement to supplemental edu7 cational assistance so transferred. 

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

9 educational assistance payable to an individual who 

10 transfers entitlement under paragraph (1) shall be 

11 payable at the same rate as such entitlement would 

12 otherwise be payable to such individual under sub13 chapter III of chapter 30 of this title. 

14 ‘‘(3) NATURE OF TRANSFERRED ENTITLE15 MENT.—An amount of supplemental educational as16 sistance transferred under paragraph (1) shall be 

17 payable as an increase in the monthly amount of 

18 educational assistance otherwise payable to the indi19 vidual under paragraph (1)(B) of section 3313(c) of 

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

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

22 (b) CLARIFICATION ON REIMBURSEMENT OF IN23 CREASED OR SUPPLEMENTAL ASSISTANCE.—Such section 

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


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

2 new subsection (d): 

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

4 the Secretary for the provision of increased assistance or 

5 supplemental assistance to an individual under this section 

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

7 SEC. 6. TRANSFER OF UNUSED EDUCATION BENEFITS TO 

8 FAMILY MEMBERS. 

9 (a) ADMINISTRATION OF TRANSFERS OF ENTITLE10 MENT BY INDIVIDUALS NO LONGER MEMBERS OF THE

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

12 States Code, is amended— 

13 (1) by redesignating paragraph (7) as para14 graph (8); and 

15 (2) by inserting after paragraph (6) the fol16 lowing new paragraph (7): 

17 ‘‘(7) ADMINISTRATION FOR INDIVIDUALS NO

18 LONGER MEMBERS OF THE ARMED FORCES.—The 

19 Secretary of Defense shall administer the provisions 

20 of this section with respect to individuals who are 

21 discharged or released from the Armed Forces, in22 cluding the making of any determinations of eligi23 bility of such individuals for transfers of entitlement 

24 under this section and the processing of applications 


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1 to transfer, modify, or revoke entitlement under this 

2 section.’’. 

3 (b) APPLICABILITY OF ENTITLEMENT AUTHORITY

4 TO MEMBERS OF PUBLIC HEALTH SERVICE AND NA5 TIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— 

6 Section 3319 of such title is amended by striking sub7 section (k). 

8 (c) REIMBURSEMENT OF EXPENSES OF SECRETARY

9 OF VETERANS AFFAIRS BY SECRETARY CONCERNED.— 

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

11 following new subsection (k): 

12 ‘‘(k) REIMBURSEMENT OF EXPENSES OF SECRETARY

13 OF VETERANS AFFAIRS BY SECRETARY CONCERNED.— 

14 Any expense incurred by the Secretary for the provision 

15 of educational assistance under subsection (a) to a de16 pendent described in such subsection shall be reimbursed 

17 by the Secretary concerned.’’. 

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

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

20 inserting ‘‘to subsection (j)’’. 


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1 SEC. 7. LIMITATIONS ON RECEIPT OF EDUCATIONAL AS2 SISTANCE UNDER NATIONAL CALL TO SERV3 ICE AND OTHER PROGRAMS OF EDU4 CATIONAL ASSISTANCE. 

5 (a) BAR TO DUPLICATION OF EDUCATIONAL ASSIST6 ANCE BENEFITS.—Section 3322(a) of title 38, United 

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

8 after ‘‘or 1607’’. 

9 (b) LIMITATION ON CONCURRENT RECEIPT OF EDU10 CATIONAL ASSISTANCE.—Section 3681(b)(2) of such title 

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

12 107’’. 

13 SEC. 8. APPROVAL OF PROGRAMS OF EDUCATION CON14 SISTING OF DISTANCE LEARNING. 

15 (a) NONACCREDITED COURSES PURSUED BY DIS16 TANCE LEARNING.—Section 3676(e) of title 38, United 

17 States Code, is amended by inserting ‘‘or distance learn18 ing’’ after ‘‘independent study’’. 

19 (b) DISAPPROVAL OF ENROLLMENT IN NONACCRED20 ITED COURSES OF DISTANCE LEARNING.—Section 

21 3680A(a)(4) of such title is amended by inserting ‘‘or dis22 tance learning’’ after ‘‘independent study’’ each place it 

23 appears. 

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

25 date of the enactment of this Act, the Secretary of Vet26 erans Affairs shall prescribe regulations under section 


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1 3323(c) of such title for the administration and approval 

2 of programs of education that consist of distance learning. 

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

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

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

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

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

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

9 amended— 

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

11 ‘‘multiplying $12’’; and 

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

13 $15’’. 

14 SEC. 10. AMOUNT OF SUBSISTENCE ALLOWANCE FOR VET15 ERANS WITH SERVICE-CONNECTED DISABIL16 ITIES. 

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

18 amended by adding at the end the following new para19 graph: 

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

21 under this chapter may elect to receive payment from the 

22 Secretary, in lieu of an amount otherwise determined by 

23 the Secretary under this subsection, an amount equal to 

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1 ance for housing payable under section 403 of title 37 for 

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

3 SEC. 11. REPEAL OF AUTHORITY TO MAKE CERTAIN INTER4 VAL PAYMENTS. 

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

6 amended after the flush matter— 

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

8 end; 

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

10 inserting a period; and 

11 (3) by striking subparagraph (C). 

12 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

13 (a) SHORT TITLE.—This Act may be cited as the 

14 ‘‘Post-9/11 Veterans Educational Assistance Improvements 

15 Act of 2010’’. 

16 (b) TABLE OF CONTENTS.—The table of contents for 

17 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Reference to title 38, United States Code. 

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. 


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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. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of title 38, United States Code. 

7 TITLE I—POST-9/11 VETERANS 

8 EDUCATIONAL ASSISTANCE 

9 SEC. 101. MODIFICATION OF ENTITLEMENT TO EDU10 CATIONAL ASSISTANCE. 

11 (a) MODIFICATION OF DEFINITIONS ON ELIGIBILITY

12 FOR EDUCATIONAL ASSISTANCE.— 

13 (1) EXPANSION OF DEFINITION OF ACTIVE DUTY

14 TO INCLUDE SERVICE IN NATIONAL GUARD FOR CER15 TAIN PURPOSES.—Paragraph (1) of section 3301 is 

16 amended by adding at the end the following new sub17 paragraph: 


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

2 National Guard of the United States or Air Na3 tional Guard of the United States, in addition to 

4 service described in subparagraph (B), full-time 

5 service— 

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

7 for the purpose of organizing, admin8 istering, recruiting, instructing, or training 

9 the National Guard; or 

10 ‘‘(ii) in the National Guard under sec11 tion 502(f) of title 32 when authorized by 

12 the President or the Secretary of Defense for 

13 the purpose of responding to a national 

14 emergency declared by the President and 

15 supported by Federal funds.’’. 

16 (2) EXPANSION OF DEFINITION OF ARMY ENTRY

17 LEVEL AND SKILL TRAINING TO INCLUDE ONE STA18 TION UNIT TRAINING.—Paragraph (2)(A) of such sec19 tion is amended by inserting ‘‘or One Station Unit 

20 Training’’ before the period at the end. 

21 (3) CLARIFICATION OF DEFINITION OF ENTRY

22 LEVEL AND SKILL TRAINING FOR THE COAST

23 GUARD.—Paragraph (2)(E) of such section is amend24 ed by inserting ‘‘and Skill Training (or so-called ‘A’ 

25 School)’’ before the period at the end. 


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1 (b) CLARIFICATION OF APPLICABILITY OF HONORABLE

2 SERVICE REQUIREMENT FOR CERTAIN DISCHARGES AND

3 RELEASES FROM THE ARMED FORCES AS BASIS FOR ENTI4 TLEMENT TO EDUCATIONAL ASSISTANCE.—Section 

5 3311(c)(4) is amended in the matter preceding subpara6 graph (A) by striking ‘‘A discharge or release from active 

7 duty in the Armed Forces’’ and inserting ‘‘A discharge or 

8 release from active duty in the Armed Forces after service 

9 on active duty in the Armed Forces characterized by the 

10 Secretary concerned as honorable service’’. 

11 (c) EXCLUSION FROM PERIOD OF SERVICE ON ACTIVE

12 DUTY OF PERIODS OF SERVICE IN CONNECTION WITH AT13 TENDANCE AT COAST GUARD ACADEMY.—Section 

14 3311(d)(2) is amended by inserting ‘‘or section 182 of title 

15 14’’ before the period at the end. 

16 (d) EFFECTIVE DATES.— 

17 (1) SERVICE IN NATIONAL GUARD AS ACTIVE

18 DUTY.—The amendment made by subsection (a)(1) 

19 shall take effect on August 1, 2009, as if included in 

20 the enactment of chapter 33 of title 38, United States 

21 Code, pursuant to the Post-9/11 Veterans Educational 

22 Assistance Act of 2008 (title V of Public Law 110– 

23 252). 


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1 (2) ONE STATION UNIT TRAINING.—The amend2 ment made by subsection (a)(2) shall take effect on 

3 the date of the enactment of this Act. 

4 (3) ENTRY LEVEL AND SKILL TRAINING FOR THE

5 COAST GUARD.—The amendment made by subsection 

6 (a)(3) shall take effect on the date of the enactment 

7 of this Act, and shall apply with respect to individ8 uals entering service on or after that date. 

9 (4) HONORABLE SERVICE REQUIREMENT.—The 

10 amendment made by subsection (b) shall take effect on 

11 the date of the enactment of this Act, and shall apply 

12 with respect to discharges and releases from the 

13 Armed Forces that occur on or after that date. 

14 (5) SERVICE IN CONNECTION WITH ATTENDANCE

15 AT COAST GUARD ACADEMY.—The amendment made 

16 by subsection (c) shall take effect on the date of the 

17 enactment of this Act, and shall apply with respect to 

18 individuals entering into agreements on service in the 

19 Coast Guard on or after that date. 

20 SEC. 102. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF 

21 EDUCATION LEADING TO A DEGREE PURSUED 

22 AT PUBLIC, NON-PUBLIC, AND FOREIGN IN23 STITUTIONS OF HIGHER LEARNING. 

24 (a) AMOUNTS OF EDUCATIONAL ASSISTANCE.— 

25 (1) IN GENERAL.—Section 3313(c) is amended— 


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

2 by inserting ‘‘leading to a degree at an institu3 tion of higher learning (as that term is defined 

4 in section 3452(f))’’ after ‘‘program of edu5 cation’’; and 

6 (B) in paragraph (1), by striking subpara7 graph (A) and inserting the following new sub8 paragraph (A): 

9 ‘‘(A) An amount equal to the following: 

10 ‘‘(i) In the case of a program of edu11 cation pursued at a public institution of 

12 higher learning, the actual net cost for in13 State tuition and fees assessed by the insti14 tution for the program of education after 

15 the application of— 

16 ‘‘(I) any waiver of, or reduction 

17 in, tuition and fees; and 

18 ‘‘(II) any scholarship, or other 

19 Federal, State, institutional, or em20 ployer-based aid or assistance (other 

21 than loans and any funds provided 

22 under section 401(b) of the Higher 

23 Education Act of 1965 (20 U.S.C. 

24 1070a)) that is provided directly to the 

25 institution and specifically designated 


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1 for the sole purpose of defraying tui2 tion and fees. 

3 ‘‘(ii) In the case of a program of edu4 cation pursued at a non-public or foreign 

5 institution of higher learning, the lesser 

6 of— 

7 ‘‘(I) the actual net cost for tuition 

8 and fees assessed by the institution for 

9 the program of education after the ap10 plication of— 

11 ‘‘(aa) any waiver of, or re12 duction in, tuition and fees; and 

13 ‘‘(bb) any scholarship, or 

14 other Federal, State, institutional, 

15 or employer-based aid or assist16 ance (other than loans and any 

17 funds provided under section 

18 401(b) of the Higher Education 

19 Act of 1965) that is provided di20 rectly to the institution and spe21 cifically designated for the sole 

22 purpose of defraying tuition and 

23 fees; or 

24 ‘‘(II) the amount equal to— 


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1 ‘‘(aa) for the academic year 

2 beginning on August 1, 2011, 

3 $20,000; or 

4 ‘‘(bb) for an academic year 

5 beginning on any subsequent Au6 gust 1, the amount for the pre7 vious academic year beginning on 

8 August 1 under this subclause, as 

9 increased by the percentage in10 crease equal to the most recent 

11 percentage increase determined 

12 under section 3015(h).’’. 

13 (2) CONFORMING AMENDMENT.—The heading of 

14 such section is amended to read as follows: ‘‘PRO15 GRAMS OF EDUCATION LEADING TO A DEGREE PUR16 SUED AT INSTITUTIONS OF HIGHER LEARNING ON

17 MORE THAN HALF-TIME BASIS.—’’. 

18 (b) AMOUNTS OF MONTHLY STIPENDS.—Section 

19 3313(c)(1)(B) is amended— 

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

21 and 

22 (2) by striking clause (i) and inserting the fol23 lowing new clauses: 

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

25 and (iii), for each month an individual 


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1 pursues a program of education on more 

2 than a half-time basis, a monthly housing 

3 stipend equal to the product of— 

4 ‘‘(I) the monthly amount of the 

5 basic allowance for housing payable 

6 under section 403 of title 37 for a 

7 member with dependents in pay grade 

8 E–5 residing in the military housing 

9 area that encompasses all or the major10 ity portion of the ZIP code area in 

11 which is located the institution of high12 er learning at which the individual is 

13 enrolled, multiplied by 

14 ‘‘(II) the lesser of— 

15 ‘‘(aa) 1.0; or 

16 ‘‘(bb) the number of course 

17 hours borne by the individual in 

18 pursuit of the program of edu19 cation, divided by the minimum 

20 number of course hours required 

21 for full-time pursuit of the pro22 gram of education, rounded to the 

23 nearest multiple of 10. 

24 ‘‘(ii) In the case of an individual pur25 suing a program of education at a foreign 


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1 institution of higher learning on more than 

2 a half-time basis, for each month the indi3 vidual pursues the program of education, a 

4 monthly housing stipend equal to the prod5 uct of— 

6 ‘‘(I) the national average of the 

7 monthly amount of the basic allowance 

8 for housing payable under section 403 

9 of title 37 for a member with depend10 ents in pay grade E–5, multiplied by 

11 ‘‘(II) the lesser of— 

12 ‘‘(aa) 1.0; or 

13 ‘‘(bb) the number of course 

14 hours borne by the individual in 

15 pursuit of the program of edu16 cation, divided by the minimum 

17 number of course hours required 

18 for full-time pursuit of the pro19 gram of education, rounded to the 

20 nearest multiple of 10. 

21 ‘‘(iii) In the case of an individual pur22 suing a program of education solely through 

23 distance learning on more than a half-time 

24 basis, a monthly housing stipend equal to 

25 50 percent of the amount payable under 


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1 clause (ii) if the individual were otherwise 

2 entitled to a monthly housing stipend under 

3 that clause for pursuit of the program of 

4 education.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect on August 1, 2011, and shall apply 

7 with respect to amounts payable for educational assistance 

8 for pursuit of programs of education on or after that date. 

9 SEC. 103. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF 

10 EDUCATION LEADING TO A DEGREE PURSUED 

11 ON ACTIVE DUTY. 

12 (a) IN GENERAL.—Section 3313(e) is amended— 

13 (1) in paragraphs (1), by inserting ‘‘leading to 

14 a degree’’ after ‘‘approved program of education’’; 

15 (2) in paragraph (2)— 

16 (A) in the matter preceding subparagraph 

17 (A), by inserting ‘‘leading to a degree’’ after 

18 ‘‘program of education’’; 

19 (B) by redesignating subparagraphs (A) 

20 and (B) as clauses (i) and (iii), respectively; 

21 (C) in the matter preceding clause (i), as 

22 redesignated by subparagraph (B) of this para23 graph— 

24 (i) by striking ‘‘The amount’’ and in25 serting ‘‘The amounts’’; and 


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

2 inserting ‘‘are as follows: 

3 ‘‘(A) Subject to subparagraph (C), an 

4 amount equal to the lesser of—’’; 

5 (D) by striking clause (i), as so redesig6 nated, and inserting the following new clauses: 

7 ‘‘(i) the actual net cost for in-State tui8 tion and fees assessed by the institution of 

9 higher learning for the program of edu10 cation after the application of— 

11 ‘‘(I) any waiver of, or reduction 

12 in, tuition and fees; and 

13 ‘‘(II) any scholarship, or other 

14 Federal, State, institutional, or em15 ployer-based aid or assistance (other 

16 than loans and any funds provided 

17 under section 401(b) of the Higher 

18 Education Act of 1965 (20 U.S.C. 

19 1070a)) that is provided directly to the 

20 institution and specifically designated 

21 for the sole purpose of defraying tui22 tion and fees; 

23 ‘‘(ii) the amount equal to— 

24 ‘‘(I) for the academic year begin25 ning on August 1, 2011, $20,000; or 


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1 ‘‘(II) for an academic year begin2 ning on any subsequent August 1, the 

3 amount for the previous academic year 

4 beginning on August 1 under this 

5 clause, as increased by the percentage 

6 increase equal to the most recent per7 centage increase determined under sec8 tion 3015(h); or’’. 

9 (E) by adding at the end the following new 

10 subparagraphs (B) and (C): 

11 ‘‘(B) Subject to subparagraph (C), for the 

12 first month of each quarter, semester, or term, as 

13 applicable, of the program of education pursued 

14 by the individual, a lump sum amount for books, 

15 supplies, equipment, and other educational costs 

16 with respect to such quarter, semester, or term in 

17 the amount equal to— 

18 ‘‘(i) $1,000, multiplied by 

19 ‘‘(ii) the fraction of a complete aca20 demic year under the program of education 

21 that such quarter, semester, or term con22 stitutes. 

23 ‘‘(C) In the case of an individual entitled to 

24 educational assistance by reason of paragraphs 

25 (3) through (8) of section 3311(b), the amounts 


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1 payable to the individual pursuant to subpara2 graphs (A)(i), (A)(ii), and (B) shall be the 

3 amounts otherwise determined pursuant to such 

4 subparagraphs multiplied by the same percent5 age applicable to the monthly amounts payable 

6 to the individual under paragraphs (2) through 

7 (7) of subsection (c).’’. 

8 (b) CONFORMING AMENDMENT.—The heading of such 

9 section is amended to read as follows: ‘‘PROGRAMS OF EDU10 CATION LEADING TO A DEGREE PURSUED ON ACTIVE DUTY

11 ON MORE THAN HALF-TIME BASIS.—’’. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect on the date that is 60 days after 

14 the date of the enactment of this Act, and shall apply with 

15 respect to amounts payable as educational assistance for in16 dividuals who commence pursuit of programs of education 

17 on or after such effective date. 

18 SEC. 104. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF 

19 EDUCATION PURSUED ON HALF-TIME BASIS 

20 OR LESS. 

21 (a) CLARIFICATION OF AVAILABILITY OF ASSIST22 ANCE.—Section 3313(f) is amended— 

23 (1) in paragraph (1), by inserting before the pe24 riod at the end the following: ‘‘whether a program of 

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1 cation leading to a degree, or a program of education 

2 other than a program of education leading to a de3 gree’’; and 

4 (2) in paragraph (2), by inserting ‘‘covered by 

5 this subsection’’ after ‘‘program of education’’ in the 

6 matter preceding subparagraph (A). 

7 (b) AMOUNT OF ASSISTANCE.—Clause (i) of paragraph 

8 (2)(A) of such section is amended to read as follows: 

9 ‘‘(i) the actual net cost for in-State tui10 tion and fees assessed by the institution of 

11 higher learning for the program of edu12 cation after the application of— 

13 ‘‘(I) any waiver of, or reduction 

14 in, tuition and fees; and 

15 ‘‘(II) any scholarship, or other 

16 Federal, State, institutional, or em17 ployer-based aid or assistance (other 

18 than loans and any funds provided 

19 under section 401(b) of the Higher 

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

21 1070a)) that is provided directly to the 

22 institution and specifically designated 

23 for the sole purpose of defraying tui24 tion and fees; or’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on August 1, 2011, and shall apply 

3 with respect to amounts payable for educational assistance 

4 for pursuit of programs of education on or after that date. 

5 SEC. 105. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF 

6 EDUCATION OTHER THAN PROGRAMS OF 

7 EDUCATION LEADING TO A DEGREE. 

8 (a) APPROVED PROGRAMS OF EDUCATION AT INSTITU9 TIONS OTHER THAN INSTITUTIONS OF HIGHER LEARN10 ING.—Subsection (b) of section 3313 is amended by striking 

11 ‘‘is offered by an institution of higher learning (as that term 

12 is defined in section 3452(f)) and’’. 

13 (b) ASSISTANCE FOR PURSUIT OF PROGRAMS OF EDU14 CATION OTHER THAN PROGRAMS OF EDUCATION LEADING

15 TO A DEGREE.—Such section is further amended— 

16 (1) by striking subsection (h); 

17 (2) by redesignating subsection (g) as subsection 

18 (h); and 

19 (3) by inserting after subsection (f) the following 

20 new subsection (g): 

21 ‘‘(g) PROGRAMS OF EDUCATION OTHER THAN PRO22 GRAMS OF EDUCATION LEADING TO A DEGREE.— 

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

24 payable under this chapter for pursuit of an approved 

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1 cation leading to a degree at an institution other 

2 than an institution of higher learning (as that term 

3 is defined in section 3452(f)). 

4 ‘‘(2) PURSUIT ON HALF-TIME BASIS OR LESS.— 

5 The payment of educational assistance under this 

6 chapter for pursuit of a program of education other7 wise described in paragraph (1) on a half-time basis 

8 or less is governed by subsection (f). 

9 ‘‘(3) AMOUNT OF ASSISTANCE.—The amounts of 

10 educational assistance payable under this chapter to 

11 an individual entitled to educational assistance under 

12 this chapter who is pursuing an approved program of 

13 education covered by this subsection are as follows: 

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

15 in a program of education (other than a pro16 gram described in subparagraphs (B) through 

17 (D)) in pursuit of a certificate or other non-col18 lege degree, the following: 

19 ‘‘(i) Subject to clause (iv), an amount 

20 equal to the lesser of— 

21 ‘‘(I) the actual net cost for in22 State tuition and fees assessed by the 

23 institution concerned for the program 

24 of education after the application of— 


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1 ‘‘(aa) any waiver of, or re2 duction in, tuition and fees; and 

3 ‘‘(bb) any scholarship, or 

4 other Federal, State, institutional, 

5 or employer-based aid or assist6 ance (other than loans and any 

7 funds provided under section 

8 401(b) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1070a)) 

10 that is provided directly to the in11 stitution and specifically des12 ignated for the sole purpose of de13 fraying tuition and fees; or 

14 ‘‘(II) the amount equal to— 

15 ‘‘(aa) for the academic year 

16 beginning on August 1, 2011, 

17 $20,000; or 

18 ‘‘(bb) for an academic year 

19 beginning on any subsequent Au20 gust 1, the amount for the pre21 vious academic year beginning on 

22 August 1 under this subclause, as 

23 increased by the percentage in24 crease equal to the most recent 


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1 percentage increase determined 

2 under section 3015(h). 

3 ‘‘(ii) Except in the case of an indi4 vidual pursuing a program of education on 

5 a half-time or less basis and subject to 

6 clause (iv), a monthly housing stipend equal 

7 to the product— 

8 ‘‘(I) of— 

9 ‘‘(aa) in the case of an indi10 vidual pursuing resident training, 

11 the monthly amount of the basic 

12 allowance for housing payable 

13 under section 403 of title 37 for a 

14 member with dependents in pay 

15 grade E–5 residing in the mili16 tary housing area that encom17 passes all or the majority portion 

18 of the ZIP code area in which is 

19 located the institution at which 

20 the individual is enrolled; or 

21 ‘‘(bb) in the case of an indi22 vidual pursuing a program of 

23 education through distance learn24 ing, a monthly amount equal to 


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1 50 percent of the amount payable 

2 under item (aa), multiplied by 

3 ‘‘(II) the lesser of— 

4 ‘‘(aa) 1.0; or 

5 ‘‘(bb) the number of course 

6 hours borne by the individual in 

7 pursuit of the program of edu8 cation involved, divided by the 

9 minimum number of course hours 

10 required for full-time pursuit of 

11 such program of education, round12 ed to the nearest multiple of 10. 

13 ‘‘(iii) Subject to clause (iv), a monthly 

14 stipend in an amount equal to $83 for each 

15 month (or pro rata amount for a partial 

16 month) of training pursued for books sup17 plies, equipment, and other educational 

18 costs. 

19 ‘‘(iv) In the case of an individual enti20 tled to educational assistance by reason of 

21 paragraphs (3) through (8) of section 

22 3311(b), the amounts payable pursuant to 

23 clauses (i), (ii), and (iii) shall be the 

24 amounts otherwise determined pursuant to 

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1 age applicable to the monthly amounts pay2 able to the individual under paragraphs (2) 

3 through (7) of subsection (c). 

4 ‘‘(B) In the case of an individual pursuing 

5 a full-time program of apprenticeship or other 

6 on-job training, amounts as follows: 

7 ‘‘(i) Subject to clauses (iii) and (iv), 

8 for each month the individual pursues the 

9 program of education, a monthly housing 

10 stipend equal to— 

11 ‘‘(I) during the first six-month pe12 riod of the program, the monthly 

13 amount of the basic allowance for 

14 housing payable under section 403 of 

15 title 37 for a member with dependents 

16 in pay grade E–5 residing in the mili17 tary housing area that encompasses all 

18 or the majority portion of the ZIP code 

19 area in which is located the employer 

20 at which the individual pursues such 

21 program; 

22 ‘‘(II) during the second six-month 

23 period of the program, 80 percent of 

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1 ance for housing payable as described 

2 in subclause (I); 

3 ‘‘(III) during the third six-month 

4 period of the program, 60 percent of 

5 the monthly amount of the basic allow6 ance for housing payable as described 

7 in subclause (I); 

8 ‘‘(IV) during the fourth six-month 

9 period of such program, 40 percent of 

10 the monthly amount of the basic allow11 ance for housing payable as described 

12 in subclause (I); and 

13 ‘‘(V) during any month after the 

14 first 24 months of such program, 20 

15 percent of the monthly amount of the 

16 basic allowance for housing payable as 

17 described in subclause (I). 

18 ‘‘(ii) Subject to clauses (iii) and (iv), 

19 a monthly stipend in an amount equal to 

20 $83 for each month (or pro rata amount for 

21 each partial month) of training pursued for 

22 books supplies, equipment, and other edu23 cational costs. 

24 ‘‘(iii) In the case of an individual enti25 tled to educational assistance by reason of 


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1 paragraphs (3) through (8) of sections 

2 3311(b), the amounts payable pursuant to 

3 clauses (i) and (ii) shall be the amounts 

4 otherwise determined pursuant to such 

5 clauses multiplied by the same percentage 

6 applicable to the monthly amounts payable 

7 to the individual under paragraphs (2) 

8 through (7) of subsection (c). 

9 ‘‘(iv) In any month in which an indi10 vidual pursuing a program of education 

11 consisting of a program of apprenticeship 

12 or other on-job training fails to complete 

13 120 hours of training, the amount of 

14 monthly educational assistance allowance 

15 payable under clauses (i) and (iii) to the 

16 individual shall be limited to the same pro17 portion of the applicable rate determined 

18 under this subparagraph as the number of 

19 hours worked during such month, rounded 

20 to the nearest eight hours, bears to 120 

21 hours. 

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

23 in a program of education consisting of flight 

24 training (regardless of the institution providing 


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1 such program of education), an amount equal 

2 to— 

3 ‘‘(i) the lesser of— 

4 ‘‘(I) the actual net cost for in5 State tuition and fees assessed by the 

6 institution concerned for the program 

7 of education after the application of— 

8 ‘‘(aa) any waiver of, or re9 duction in, tuition and fees; and 

10 ‘‘(bb) any scholarship, or 

11 other Federal, State, institutional, 

12 or employer-based aid or assist13 ance (other than loans and any 

14 funds provided under section 

15 401(b) of the Higher Education 

16 Act of 1965) that is provided di17 rectly to the institution and spe18 cifically designated for the sole 

19 purpose of defraying tuition and 

20 fees; or 

21 ‘‘(II) the amount equal to— 

22 ‘‘(aa) for the academic year 

23 beginning on August 1, 2011, 

24 $12,000; or 


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1 ‘‘(bb) for an academic year 

2 beginning on any subsequent Au3 gust 1, the amount for the pre4 vious academic year beginning on 

5 August 1 under this subclause, as 

6 increased by the percentage in7 crease equal to the most recent 

8 percentage increase determined 

9 under section 3015(h), multiplied 

10 by— 

11 ‘‘(ii) either— 

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

13 entitled to educational assistance by 

14 reason of paragraphs (1), (2), or (9) of 

15 section 3311(b), 100 percent; or 

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

17 entitled to educational assistance by 

18 reason of paragraphs (3) through (8) of 

19 section 3311(b), the same percentage as 

20 would otherwise apply to the monthly 

21 amounts payable to the individual 

22 under paragraphs (2) through (7) of 

23 subsection (c). 

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

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1 sively by correspondence (regardless of the insti2 tution providing such program of education), an 

3 amount equal to— 

4 ‘‘(i) the lesser of— 

5 ‘‘(I) the actual net cost for tuition 

6 and fees assessed by the institution 

7 concerned for the program of education 

8 after the application of— 

9 ‘‘(aa) any waiver of, or re10 duction in, tuition and fees; and 

11 ‘‘(bb) any scholarship, or 

12 other Federal, State, institutional, 

13 or employer-based aid or assist14 ance (other than loans and any 

15 funds provided under section 

16 401(b) of the Higher Education 

17 Act of 1965) that is provided di18 rectly to the institution and spe19 cifically designated for the sole 

20 purpose of defraying tuition and 

21 fees. 

22 ‘‘(II) the amount equal to— 

23 ‘‘(aa) for the academic year 

24 beginning on August 1, 2011, 

25 $10,000; or 


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1 ‘‘(bb) for an academic year 

2 beginning on any subsequent Au3 gust 1, the amount for the pre4 vious academic year beginning on 

5 August 1 under this subclause, as 

6 increased by the percentage in7 crease equal to the most recent 

8 percentage increase determined 

9 under section 3015(h), multiplied 

10 by— 

11 ‘‘(ii) either— 

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

13 entitled to educational assistance by 

14 reason of paragraphs (1), (2), or (9) of 

15 section 3311(b), 100 percent; or 

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

17 entitled to educational assistance by 

18 reason of paragraphs (3) through (8) of 

19 section 3311(b), the same percentage as 

20 would otherwise apply to the monthly 

21 amounts payable to the individual 

22 under paragraphs (2) through (7) of 

23 subsection (c). 

24 ‘‘(4) FREQUENCY OF PAYMENT.— 


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1 ‘‘(A) QUARTER, SEMESTER, OR TERM PAY2 MENTS.—Payment of the amounts payable under 

3 paragraph (3)(A)(i) for pursuit of a program of 

4 education shall be made for the entire quarter, 

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

6 of education. 

7 ‘‘(B) MONTHLY PAYMENTS.—Payment of the 

8 amounts payable under paragraphs (3)(A)(ii) 

9 and (3)(B)(i) for pursuit of a program of edu10 cation shall be made on a monthly basis. 

11 ‘‘(C) LUMP SUM PAYMENTS.— 

12 ‘‘(i) Payment for the amount payable 

13 under paragraphs (3)(A)(iii) and (3)(B)(ii) 

14 shall be paid to the individual for the first 

15 month of each quarter, semester, or term, as 

16 applicable, of the program education pur17 sued by the individual. 

18 ‘‘(ii) Payment of the amount payable 

19 under paragraph (3)(C) for pursuit of a 

20 program of education shall be made upon 

21 receipt of certification for training com22 pleted by the individual and serviced by the 

23 training facility. 

24 ‘‘(D) QUARTERLY PAYMENTS.—Payment of 

25 the amounts payable under paragraph (3)(D) for 


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1 pursuit of a program of education shall be made 

2 quarterly on a pro rata basis for the lessons com3 pleted by the individual and serviced by the in4 stitution. 

5 ‘‘(5) CHARGE AGAINST ENTITLEMENT FOR CER6 TIFICATE AND OTHER NON-COLLEGE DEGREE PRO7 GRAMS.— 

8 ‘‘(A) IN GENERAL.—In the case of amounts 

9 paid under paragraph (3)(A)(i) for pursuit of a 

10 program of education, the charge against entitle11 ment to educational assistance under this chap12 ter of the individual for whom such payment is 

13 made shall be one month for each of— 

14 ‘‘(i) the amount so paid, divided by 

15 ‘‘(ii) subject to subparagraph (B), the 

16 amount equal to one-twelfth of the amount 

17 applicable in the academic year in which 

18 the payment is made under paragraph 

19 (3)(A)(i)(II). 

20 ‘‘(B) PRO RATA ADJUSTMENT BASED ON

21 CERTAIN ELIGIBILITY.—If the amount otherwise 

22 payable with respect to an individual under 

23 paragraph (3)(A)(i) is subject to a percentage 

24 adjustment under paragraph (3)(A)(iv), the 

25 amount applicable with respect to the individual 


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1 under subparagraph (A)(ii) shall be the amount 

2 otherwise determined pursuant to such subpara3 graph subject to a percentage adjustment equal 

4 to the percentage adjustment applicable with re5 spect to the individual under paragraph 

6 (3)(A)(iv).’’. 

7 (c) PAYMENT OF AMOUNTS TO EDUCATIONAL INSTITU8 TIONS.—Subsection (h) of section 3313, as redesignated by 

9 subsection (b)(2) of this section, is amended by inserting 

10 ‘‘, and under subparagraphs (A)(i), (C), and (D) of sub11 section (g)(3),’’ after ‘‘(f)(2)(A)’’. 

12 (d) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect on August 1, 2011, and shall apply 

14 with respect to amounts payable for educational assistance 

15 for pursuit of programs of education on or after that date. 

16 SEC. 106. DETERMINATION OF MONTHLY HOUSING STI17 PEND PAYMENTS FOR ACADEMIC YEARS. 

18 (a) IN GENERAL.—Section 3313, as amended by this 

19 Act, is further amended by adding at the end the following 

20 new subsection: 

21 ‘‘(i) DETERMINATION OF HOUSING STIPEND PAY22 MENTS FOR ACADEMIC YEARS.—Any monthly housing sti23 pend payable under this section during the academic year 

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

2 1 of such calendar year.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on August 1, 2011. 

5 SEC. 107. AVAILABILITY OF ASSISTANCE FOR LICENSURE 

6 AND CERTIFICATION TESTS. 

7 (a) AVAILABILITY OF ASSISTANCE FOR ADDITIONAL

8 TESTS.—Subsection (a) of section 3315 is amended by 

9 striking ‘‘one licensing or certification test’’ and inserting 

10 ‘‘licensing or certification tests’’. 

11 (b) CHARGE AGAINST ENTITLEMENT FOR RECEIPT OF

12 ASSISTANCE.— 

13 (1) IN GENERAL.—Subsection (c) of such section 

14 is amended to read as follows: 

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

16 against an individual’s entitlement under this chapter for 

17 payment for a licensing or certification test shall be deter18 mined at the rate of one month (rounded to the nearest 

19 whole month) for each amount paid that equals— 

20 ‘‘(1) for the academic year beginning on August 

21 1, 2011, $1,667; or 

22 ‘‘(2) for an academic year beginning on any sub23 sequent August 1, the amount for the previous aca24 demic year beginning on August 1 under this sub25 section, as increased by the percentage increase equal 


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1 to the most recent percentage increase determined 

2 under section 3015(h).’’. 

3 (2) CONFORMING AMENDMENTS.—Subsection (b) 

4 of such section is amended— 

5 (A) in paragraph (1), by striking ‘‘or’’ at 

6 the end; 

7 (B) in paragraph (2), by striking the period 

8 and inserting ‘‘; or’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(3) the amount of entitlement available to the 

11 individual under this chapter at the time of payment 

12 for the test under this section.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall take effect on August 1, 2011, and shall apply 

15 with respect to licensure and certification tests taken on or 

16 after that date. 

17 SEC. 108. NATIONAL TESTS. 

18 (a) NATIONAL TESTS.— 

19 (1) IN GENERAL.—Chapter 33 is amended by in20 serting after section 3315 the following new section: 

21 ‘‘§ 3315A. National tests 

22 ‘‘(a) IN GENERAL.—An individual entitled to edu23 cational assistance under this chapter shall also be entitled 

24 to educational assistance for the following: 


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1 ‘‘(1) A national test for admission to an institu2 tion of higher learning as described in the last sen3 tence of section 3452(b). 

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

5 for course credit at an institution of higher learning 

6 as so described. 

7 ‘‘(b) AMOUNT.—The amount of educational assistance 

8 payable under this chapter for a test described in subsection 

9 (a) is the lesser of— 

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

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

12 individual under this chapter at the time of payment 

13 for the test under this section. 

14 ‘‘(c) CHARGE AGAINST ENTITLEMENT.—The number 

15 of months of entitlement charged an individual under this 

16 chapter for a test described in subsection (a) shall be deter17 mined at the rate of one month (rounded to the nearest 

18 whole month) for each amount paid that equals— 

19 ‘‘(1) for the academic year beginning on August 

20 1, 2011, $1,667; or 

21 ‘‘(2) for an academic year beginning on any sub22 sequent August 1, the amount for the previous aca23 demic year beginning on August 1 under this sub24 section, as increased by the percentage increase equal 


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1 to the most recent percentage increase determined 

2 under section 3015(h).’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 33 is amended by 

5 inserting after the item relating to section 3315 the 

6 following new item: 

‘‘3315A. National tests.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect on August 1, 2011, and shall apply 

9 with respect to national tests taken on or after that date. 

10 SEC. 109. CONTINUATION OF ENTITLEMENT TO ADDI11 TIONAL EDUCATIONAL ASSISTANCE FOR 

12 CRITICAL SKILLS OR SPECIALTY. 

13 (a) IN GENERAL.—Section 3316 is amended— 

14 (1) by redesignating subsection (c) as subsection 

15 (e); and 

16 (2) by inserting after subsection (b) the following 

17 new subsection (c): 

18 ‘‘(c) CONTINUATION OF INCREASED EDUCATIONAL AS19 SISTANCE.— 

20 ‘‘(1) IN GENERAL.—An individual who made an 

21 election to receive educational assistance under this 

22 chapter pursuant to section 5003(c)(1)(A) of the Post23 9/11 Veterans Educational Assistance Act of 2008 (38 

24 U.S.C. 3301 note) and who, at the time of the elec25 tion, was entitled to increased educational assistance 


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1 under section 3015(d) or section 16131(i) of title 10 

2 shall remain entitled to increased educational assist3 ance in the utilization of the individual’s entitlement 

4 to educational assistance under this chapter. 

5 ‘‘(2) RATE.—The monthly rate of increased edu6 cational assistance payable to an individual under 

7 paragraph (1) shall be— 

8 ‘‘(A) the rate of educational assistance oth9 erwise payable to the individual under section 

10 3015(d) or section 16131(i) of title 10, as the 

11 case may be, had the individual not made the 

12 election described in paragraph (1), multiplied 

13 by 

14 ‘‘(B) the lesser of— 

15 ‘‘(i) 1.0; or 

16 ‘‘(ii) the number of course hours borne 

17 by the individual in pursuit of the program 

18 of education involved divided by the min19 imum number of course hours required for 

20 full-time pursuit of the program of edu21 cation, rounded to the nearest multiple of 

22 10. 

23 ‘‘(3) FREQUENCY OF PAYMENT.—Payment of the 

24 amounts payable under paragraph (1) during pursuit 


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1 of a program of education shall be made on a month2 ly basis.’’. 

3 (b) CLARIFICATION ON FUNDING OF INCREASED AS4 SISTANCE.— 

5 (1) IN GENERAL.—Such section is further 

6 amended by inserting after subsection (c), as added 

7 by subsection (a)(2) of this section, the following new 

8 subsection: 

9 ‘‘(d) FUNDING.—Payments for increased educational 

10 assistance under this section shall be made from the Depart11 ment of Defense Education Benefits Fund under section 

12 2006 of title 10 or from appropriations available to the De13 partment of Homeland Security for that purpose, as appli14 cable.’’. 

15 (2) CONFORMING AMENDMENTS.—Section 

16 2006(b) of title 10, United States Code, is amended— 

17 (A) in paragraph (1), by inserting ‘‘or 33’’ 

18 after ‘‘chapter 30’’; and 

19 (B) in paragraph (2), by adding at the end 

20 the following new subparagraph: 

21 ‘‘(E) The present value of any future bene22 fits payable from the Fund for amounts attrib23 utable to increased amounts of educational as24 sistance authorized by section 3316 of title 38.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on August 1, 2011. 

3 SEC. 110. TRANSFER OF UNUSED EDUCATION BENEFITS. 

4 (a) AVAILABILITY OF TRANSFER AUTHORITY FOR

5 MEMBERS OF PHS AND NOAA.—Section 3319 is amend6 ed— 

7 (1) by striking ‘‘Armed Forces’’ each place it ap8 pears (other than in subsection (a)) and inserting 

9 ‘‘uniformed services’’; and 

10 (2) by striking subsection (k). 

11 (b) SCOPE AND EXERCISE OF AUTHORITY.—Sub12 section (a) of such section is amended— 

13 (1) by striking ‘‘Subject to the provisions of this 

14 section,’’ and all that follows through ‘‘to permit’’ and 

15 inserting ‘‘(1) Subject to the provisions of this section, 

16 the Secretary concerned may permit’’; and 

17 (2) by adding at the end the following new para18 graph: 

19 ‘‘(2) The purpose of the authority in paragraph (1) 

20 is to promote recruitment and retention in the uniformed 

21 services. The Secretary concerned may exercise the author22 ity for that purpose when authorized by the Secretary of 

23 Defense in the national security interests of the United 

24 States.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on August 1, 2011. 

3 SEC. 111. BAR TO DUPLICATION OF CERTAIN EDUCATIONAL 

4 ASSISTANCE BENEFITS. 

5 (a) BAR TO CONCURRENT RECEIPT OF TRANSFERRED

6 EDUCATION BENEFITS AND MARINE GUNNERY SERGEANT

7 JOHN DAVID FRY SCHOLARSHIP ASSISTANCE.—Section 

8 3322 is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(e) BAR TO CONCURRENT RECEIPT OF TRANSFERRED

11 EDUCATION BENEFITS AND MARINE GUNNERY SERGEANT

12 JOHN DAVID FRY SCHOLARSHIP ASSISTANCE.—An indi13 vidual entitled to educational assistance under both sections 

14 3311(b)(9) and 3319 may not receive assistance under both 

15 provisions concurrently, but shall elect (in such form and 

16 manner as the Secretary may prescribe) under which provi17 sion to receive educational assistance.’’. 

18 (b) BAR TO RECEIPT OF COMPENSATION AND PENSION

19 AND MARINE GUNNERY SERGEANT JOHN DAVID FRY

20 SCHOLARSHIP ASSISTANCE.—Such section is further 

21 amended by adding at the end the following new subsection: 

22 ‘‘(f) BAR TO RECEIPT OF COMPENSATION AND PEN23 SION AND MARINE GUNNERY SERGEANT JOHN DAVID FRY

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1 gram of education under section 3311(b)(9) shall be a bar 

2 to the following: 

3 ‘‘(1) Subsequent payments of dependency and in4 demnity compensation or pension based on the death 

5 of a parent to an eligible person over the age of 18 

6 years by reason of pursuing a course in an edu7 cational institution. 

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

9 compensation, dependency and indemnity compensa10 tion, or pension because of such a person, whether eli11 gibility is based upon the death of the parent.’’. 

12 (c) BAR TO CONCURRENT RECEIPT OF TRANSFERRED

13 EDUCATION BENEFITS.—Such section is further amended 

14 by adding at the end the following new subsection: 

15 ‘‘(g) BAR TO CONCURRENT RECEIPT OF TRANS16 FERRED EDUCATION BENEFITS.—A spouse or child who is 

17 entitled to educational assistance under this chapter based 

18 on a transfer of entitlement from more than one individual 

19 under section 3319 may not receive assistance based on 

20 transfers from more than one such individual concurrently, 

21 but shall elect (in such form and manner as the Secretary 

22 may prescribe) under which source to utilize such assistance 

23 at any one time.’’. 


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1 (d) BAR TO DUPLICATION OF ELIGIBILITY BASED ON

2 A SINGLE EVENT.—Such section is further amended by 

3 adding at the end the following new subsection: 

4 ‘‘(h) BAR TO DUPLICATION OF ELIGIBILITY BASED ON

5 A SINGLE EVENT OR PERIOD OF SERVICE.— 

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

7 with qualifying service in the Armed Forces that es8 tablishes eligibility on the part of such individual for 

9 educational assistance under this chapter, chapter 30 

10 or 32 of this title, and chapter 1606 or 1607 of title 

11 10, shall elect (in such form and manner as the Sec12 retary may prescribe) under which authority such 

13 service is to be credited. 

14 ‘‘(2) ELIGIBILITY FOR EDUCATIONAL ASSISTANCE

15 BASED ON PARENT’S SERVICE.—A child of a member 

16 of the Armed Forces who, on or after September 11, 

17 2001, dies in the line of duty while serving on active 

18 duty, who is eligible for educational assistance under 

19 either section 3311(b)(9) or chapter 35 of this title 

20 based on the parent’s death may not receive such as21 sistance under both this chapter and chapter 35 of 

22 this title, but shall elect (in such form and manner 

23 as the Secretary may prescribe) under which chapter 

24 to receive such assistance.’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on August 1, 2011. 

3 SEC. 112. TECHNICAL AMENDMENTS. 

4 (a) SECTION 3313.—Section 3313 is amended— 

5 (1) by striking ‘‘higher education’’ each place it 

6 appears and inserting ‘‘higher learning’’; and 

7 (2) in clause (iii) of subparagraph (A) of sub8 section (e)(2), as redesignated by section 103(a)(2) of 

9 this Act, by adding a period at the end. 

10 (b) SECTION 3319.—Section 3319(b)(2) is amended by 

11 striking ‘‘to section (k)’’ and inserting ‘‘to subsection (j)’’. 

12 (c) SECTION 3323.—Section 3323(a) is amended by 

13 striking ‘‘section 3034(a)(1)’’ and inserting ‘‘sections 

14 3034(a)(1) and 3680(c)’’. 

15 TITLE II—OTHER EDUCATIONAL 

16 ASSISTANCE MATTERS 

17 SEC. 201. EXTENSION OF DELIMITING DATES FOR USE OF 

18 EDUCATIONAL ASSISTANCE BY PRIMARY 

19 CAREGIVERS OF SERIOUSLY INJURED VET20 ERANS AND MEMBERS OF THE ARMED 

21 FORCES. 

22 (a) ALL-VOLUNTEER FORCE EDUCATIONAL ASSIST23 ANCE.—Subsection (d) of section 3031 is amended to read 

24 as follows: 


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1 ‘‘(d)(1) In the case of an individual eligible for edu2 cational assistance under this chapter who is prevented 

3 from pursuing the individual’s chosen program of education 

4 before the expiration of the 10-year period for the use of 

5 entitlement under this chapter otherwise applicable under 

6 this section because of a physical or mental disability which 

7 is not the result of the individual’s own willful misconduct, 

8 such 10-year period— 

9 ‘‘(A) shall not run during the period the indi10 vidual is so prevented from pursuing such program; 

11 and 

12 ‘‘(B) shall again begin running on the first day 

13 after the individual’s recovery from such disability on 

14 which it is reasonably feasible, as determined under 

15 regulations prescribed by the Secretary, for the indi16 vidual to initiate or resume pursuit of a program of 

17 education with educational assistance under this 

18 chapter. 

19 ‘‘(2)(A) Subject to subparagraph (B), in the case of 

20 an individual eligible for educational assistance under this 

21 chapter who is prevented from pursuing the individual’s 

22 chosen program of education before the expiration of the 10- 

23 year period for the use of entitlement under this chapter 

24 otherwise applicable under this section by reason of acting 

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1 eran or member of the Armed Forces under section 

2 1720G(a) of this title, such 10-year period— 

3 ‘‘(i) shall not run during the period the indi4 vidual is so prevented from pursuing such program; 

5 and 

6 ‘‘(ii) shall again begin running on the first day 

7 after the date of the recovery of the veteran or member 

8 from the injury, or the date on which the individual 

9 ceases to be the primary provider of personal care 

10 services for the veteran or member, whichever is ear11 lier, on which it is reasonably feasible, as so deter12 mined, for the individual to initiate or resume pur13 suit of a program of education with educational as14 sistance under this chapter. 

15 ‘‘(B) Subparagraph (A) shall not apply with respect 

16 to the period of an individual as a primary provider of 

17 personal care services if the period concludes with the rev18 ocation of the individual’s designation as such a primary 

19 provider under section 1720G(a)(7)(D) of this title.’’. 

20 (b) CERTAIN TRANSFEREES OF POST-9/11 EDU21 CATIONAL ASSISTANCE.—Paragraph (5) of section 3319(h) 

22 is amended to read as follows: 

23 ‘‘(5) LIMITATION ON AGE OF USE BY CHILD

24 TRANSFEREES.— 


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1 ‘‘(A) IN GENERAL.—A child to whom enti2 tlement is transferred under this section may use 

3 the benefits transferred without regard to the 15- 

4 year delimiting date specified in section 3321, 

5 but may not, except as provided in subpara6 graph (B), use any benefits so transferred after 

7 attaining the age of 26 years. 

8 ‘‘(B) PRIMARY CAREGIVERS OF SERIOUSLY

9 INJURED MEMBERS OF THE ARMED FORCES AND

10 VETERANS.— 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii), in the case of a child who, before at13 taining the age of 26 years, is prevented 

14 from pursuing a chosen program of edu15 cation by reason of acting as the primary 

16 provider of personal care services for a vet17 eran or member of the Armed Forces under 

18 section 1720G(a), the child may use the ben19 efits beginning on the date specified in 

20 clause (iii) for a period whose length is 

21 specified in clause (iv). 

22 ‘‘(ii) INAPPLICABILITY FOR REVOCA23 TION.—Clause (i) shall not apply with re24 spect to the period of an individual as a 

25 primary provider of personal care services 


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1 if the period concludes with the revocation 

2 of the individual’s designation as such a 

3 primary provider under section 

4 1720G(a)(7)(D). 

5 ‘‘(iii) DATE FOR COMMENCEMENT OF

6 USE.—The date specified in this clause for 

7 the beginning of the use of benefits by a 

8 child under clause (i) is the later of— 

9 ‘‘(I) the date on which the child 

10 ceases acting as the primary provider 

11 of personal care services for the veteran 

12 or member concerned as described in 

13 clause (i); 

14 ‘‘(II) the date on which it is rea15 sonably feasible, as determined under 

16 regulations prescribed by the Secretary, 

17 for the child to initiate or resume the 

18 use of benefits; or 

19 ‘‘(III) the date on which the child 

20 attains the age of 26 years. 

21 ‘‘(iv) LENGTH OF USE.—The length of 

22 the period specified in this clause for the use 

23 of benefits by a child under clause (i) is the 

24 length equal to the length of the period 

25 that— 


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1 ‘‘(I) begins on the date on which 

2 the child begins acting as the primary 

3 provider of personal care services for 

4 the veteran or member concerned as de5 scribed in clause (i); and 

6 ‘‘(II) ends on the later of— 

7 ‘‘(aa) the date on which the 

8 child ceases acting as the primary 

9 provider of personal care services 

10 for the veteran or member as de11 scribed in clause (i); or 

12 ‘‘(bb) the date on which it is 

13 reasonably feasible, as so deter14 mined, for the child to initiate or 

15 resume the use of benefits.’’. 

16 (c) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL AS17 SISTANCE.—Subsection (c) of section 3512 is amended to 

18 read as follows: 

19 ‘‘(c)(1) Notwithstanding subsection (a) and subject to 

20 paragraph (2), an eligible person may be afforded edu21 cational assistance beyond the age limitation applicable to 

22 the person under such subsection if— 

23 ‘‘(A) the person suspends pursuit of such person’s 

24 program of education after having enrolled in such 


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1 program within the time period applicable to such 

2 person under such subsection; 

3 ‘‘(B) the person is unable to complete such pro4 gram after the period of suspension and before attain5 ing the age limitation applicable to the person under 

6 such subsection; and 

7 ‘‘(C) the Secretary finds that the suspension was 

8 due to either of the following: 

9 ‘‘(i) The actions of the person as the pri10 mary provider of personal care services for a vet11 eran or member of the Armed Forces under sec12 tion 1720G(a) of this title. 

13 ‘‘(ii) Conditions otherwise beyond the con14 trol of the person. 

15 ‘‘(2) Paragraph (1) shall not apply with respect to the 

16 period of an individual as a primary provider of personal 

17 care services if the period concludes with the revocation of 

18 the individual’s designation as such a primary provider 

19 under section 1720G(a)(7)(D) of this title. 

20 ‘‘(3) Educational assistance may not be afforded a per21 son under paragraph (1) after the earlier of— 

22 ‘‘(A) the age limitation applicable to the person 

23 under subsection (a), plus a period of time equal to 

24 the period the person was required to suspend pursuit 


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1 of the person’s program of education as described in 

2 paragraph (1); or 

3 ‘‘(B) the date of the person’s thirty-first birth4 day.’’. 

5 (d) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect on August 1, 2011, and shall apply 

7 with respect to preventions and suspension of pursuit of 

8 programs of education that commence on or after that date. 

9 SEC. 202. LIMITATIONS ON RECEIPT OF EDUCATIONAL AS10 SISTANCE UNDER NATIONAL CALL TO SERV11 ICE AND OTHER PROGRAMS OF EDU12 CATIONAL ASSISTANCE. 

13 (a) BAR TO DUPLICATION OF EDUCATIONAL ASSIST14 ANCE BENEFITS.—Section 3322(a) is amended by inserting 

15 ‘‘or section 510’’ after ‘‘or 1607’’. 

16 (b) LIMITATION ON CONCURRENT RECEIPT OF EDU17 CATIONAL ASSISTANCE.—Section 3681(b)(2) is amended by 

18 inserting ‘‘and section 510’’ after ‘‘and 107’’. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect on August 1, 2011 

21 SEC. 203. APPROVAL OF COURSES. 

22 (a) CONSTRUCTIVE APPROVAL OF CERTAIN

23 COURSES.— 

24 (1) IN GENERAL.—Section 3672(b) is amended— 

25 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 


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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2)(A) Subject to sections 3675(b)(1) and (b)(2), 

4 3680A, 3684, and 3696 of this title, the following programs 

5 are deemed to be approved for purposes of this chapter: 

6 ‘‘(i) An accredited standard college degree pro7 gram offered at a public or not-for-profit proprietary 

8 educational institution that is accredited by an agen9 cy or association recognized for that purpose by the 

10 Secretary of Education. 

11 ‘‘(ii) A flight training course approved by the 

12 Federal Aviation Administration that is offered by a 

13 certified pilot school that possesses a valid Federal 

14 Aviation Administration pilot school certificate. 

15 ‘‘(iii) An apprenticeship program registered with 

16 the Office of Apprenticeship (OA) of the Employment 

17 Training Administration of the Department of Labor 

18 or a State apprenticeship agency recognized by the 

19 Office of Apprenticeship pursuant to the Act of Au20 gust 16, 1937 (popularly known as the ‘National Ap21 prenticeship Act’; 29 U.S.C. 50 et seq.). 

22 ‘‘(iv) A program leading to a secondary school 

23 diploma offered by a secondary school approved in the 

24 State in which it is operating. 


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1 ‘‘(B) A licensure test offered by a Federal, State, or 

2 local government is deemed to be approved for purposes of 

3 this chapter.’’. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) Paragraph (3) of section 3034(d) is 

6 amended to read as follows: 

7 ‘‘(3) the flight school courses are approved by the 

8 Federal Aviation Administration and are offered by 

9 a certified pilot school that possesses a valid Federal 

10 Aviation Administration pilot school certificate.’’. 

11 (B) Section 3671(b)(2) is amended by strik12 ing ‘‘In the case’’ and inserting ‘‘Except as oth13 erwise provided in this chapter, in the case’’. 

14 (C) Section 3689(a)(1) is amended by in15 serting after ‘‘unless’’ the following: ‘‘the test is 

16 deemed approved by section 3672(b)(2)(B) of this 

17 title or’’. 

18 (b) USE OF STATE APPROVING AGENCIES FOR COM19 PLIANCE AND OVERSIGHT ACTIVITIES.—Section 3673 is 

20 amended by adding at the end the following new subsection: 

21 ‘‘(d) USE OF STATE APPROVING AGENCIES FOR COM22 PLIANCE AND OVERSIGHT ACTIVITIES.—The Secretary may 

23 utilize the services of a State approving agency for such 

24 compliance and oversight purposes as the Secretary con25 siders appropriate without regard to whether the Secretary 


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1 or the agency approved the courses offered in the State con2 cerned.’’. 

3 (c) APPROVAL OF ACCREDITED COURSES.— 

4 (1) IN GENERAL.—Subsection (a)(1) of section 

5 3675 is amended by striking ‘‘A State approving 

6 agency may approve the courses offered by an edu7 cational institution’’ and inserting ‘‘The Secretary or 

8 a State approving agency may approve accredited 

9 programs (including non-degree accredited programs) 

10 offered by proprietary for-profit educational institu11 tions’’. 

12 (2) CONDITION OF APPROVAL.—Subsection (b) of 

13 such section is amended— 

14 (A) in the matter preceding paragraph (1), 

15 by inserting ‘‘the Secretary or’’ after ‘‘this sec16 tion,’’; and 

17 (B) is amended by inserting ‘‘the Secretary 

18 or’’ after ‘‘as prescribed by’’. 

19 (d) DISAPPROVAL OF COURSES.—Section 3679(a) is 

20 amended by inserting ‘‘the Secretary or’’ after ‘‘disapproved 

21 by’’ both places it appears. 

22 (e) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect on August 1, 2011. 


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1 SEC. 204. REPORTING FEES. 

2 (a) INCREASE IN AMOUNT OF FEES.—Section 3684(c) 

3 is amended— 

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

5 ‘‘multiplying $12’’; and 

6 (2) by striking ‘‘or $11’’ and inserting ‘‘or $15’’. 

7 (b) USE OF FEES PAID.—Such section is further 

8 amended by inserting after the fourth sentence the following 

9 new sentence: ‘‘Any reporting fee paid an educational insti10 tution or joint apprenticeship training committee after the 

11 date of the enactment of the Post-9/11 Veterans Educational 

12 Assistance Improvements Act of 2011 shall be utilized by 

13 such institution or committee solely for the making of cer14 tifications required under this chapter or chapter 31, 34, 

15 or 35 of this title or for otherwise supporting programs for 

16 veterans.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect on August 1, 2011. 

19 SEC. 205. ELECTION FOR RECEIPT OF ALTERNATE SUBSIST20 ENCE ALLOWANCE FOR CERTAIN VETERANS 

21 WITH SERVICE-CONNECTED DISABILITIES UN22 DERGOING TRAINING AND REHABILITATION. 

23 (a) ELECTION AUTHORIZED.—Section 3108(b) is 

24 amended by adding at the end the following new paragraph: 

25 ‘‘(4) A veteran entitled to a subsistence allowance 

26 under this chapter and educational assistance under chapVerDate Mar 15 2010 20:48 Oct 26, 2010 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\S3447.RS S3447

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1 ter 33 of this title may elect to receive payment from the 

2 Secretary in lieu of an amount otherwise determined by the 

3 Secretary under this subsection in an amount equal to the 

4 applicable monthly amount of basic allowance for housing 

5 payable under section 403 of title 37 for a member with 

6 dependents in pay grade E–5 residing in the military hous7 ing area that encompasses all or the majority portion of 

8 the ZIP code area in which is located the institution pro9 viding rehabilitation program concerned.’’. 

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

11 section shall take effect on August 1, 2011. 

12 SEC. 206. MODIFICATION OF AUTHORITY TO MAKE CERTAIN 

13 INTERVAL PAYMENTS. 

14 (a) IN GENERAL.—The flush matter following clause 

15 (3)(B) of section 3680(a) is amended by striking ‘‘of this 

16 subsection—’’ and all that follows and inserting ‘‘of this 

17 subsection during periods when schools are temporarily 

18 closed under an established policy based on an Executive 

19 order of the President or due to an emergency situation. 

20 However, the total number of weeks for which allowances 

21 may continue to be so payable in any 12-month period may 

22 not exceed 4 weeks.’’. 

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

24 section shall take effect on August 1, 2011. 


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Calendar No. 638 

111TH CONGRESS 

2D SESSION S. 3447 

[Report No. 111–346] 

A BILL 

To amend title 38, United States Code, to improve 

for other purposes. the Armed Forces after September 11, 2001, and educational assistance for veterans who served in 

OCTOBER 26 (legislative day, OCTOBER 1), 2010 

Reported with an amendment 


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