111TH CONGRESS 

2D SESSION S. 3447 

AN ACT 

To amend title 38, United States Code, to improve educational assistance for veterans who served in the Armed 

Forces after September 11, 2001, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Post-9/11 Veterans Educational Assistance Improve4 ments Act of 2010’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Statutory Pay-As-You-Go Act compliance. 

TITLE I—POST-9/11 VETERANS EDUCATIONAL ASSISTANCE 

Sec. 101. Modification of entitlement to educational assistance. 

Sec. 102. Amounts of assistance for programs of education leading to a degree 

pursued at public, non-public, and foreign institutions of higher 

learning. 

Sec. 103. Amounts of assistance for programs of education leading to a degree 

pursued on active duty. 

Sec. 104. Educational assistance for programs of education pursued on halftime basis or less. 

Sec. 105. Educational assistance for programs of education other than programs of education leading to a degree. 

Sec. 106. Determination of monthly housing stipend payments for academic 

years. 

Sec. 107. Availability of assistance for licensure and certification tests. 

Sec. 108. National tests. 

Sec. 109. Continuation of entitlement to additional educational assistance for 

critical skills or specialty. 

Sec. 110. Transfer of unused education benefits. 

Sec. 111. Bar to duplication of certain educational assistance benefits. 

Sec. 112. Technical amendments. 

TITLE II—OTHER EDUCATIONAL ASSISTANCE MATTERS 

Sec. 201. Extension of delimiting dates for use of educational assistance by primary caregivers of seriously injured veterans and members of 

the Armed Forces. 

Sec. 202. Limitations on receipt of educational assistance under National Call 

to Service and other programs of educational assistance. 

Sec. 203. Approval of courses. 

Sec. 204. Reporting fees. 

Sec. 205. Election for receipt of alternate subsistence allowance for certain veterans with service-connected disabilities undergoing training 

and rehabilitation. 

Sec. 206. Modification of authority to make certain interval payments. 
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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 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 38, United States Code. 

7 SEC. 3. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE. 

8 The budgetary effects of this Act, for the purpose of 

9 complying with the Statutory Pay-As-You-Go-Act of 2010, 

10 shall be determined by reference to the latest statement 

11 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

12 Act, submitted for printing in the Congressional Record 

13 by the Chairman of the Senate Budget Committee, pro14 vided that such statement has been submitted prior to the 

15 vote on passage. 

16 TITLE I—POST-9/11 VETERANS 

17 EDUCATIONAL ASSISTANCE 

18 SEC. 101. MODIFICATION OF ENTITLEMENT TO EDU19 CATIONAL ASSISTANCE. 

20 (a) MODIFICATION OF DEFINITIONS ON ELIGIBILITY

21 FOR EDUCATIONAL ASSISTANCE.— 

22 (1) EXPANSION OF DEFINITION OF ACTIVE

23 DUTY TO INCLUDE SERVICE IN NATIONAL GUARD

24 FOR CERTAIN PURPOSES.—Paragraph (1) of section 

25 3301 is amended by adding at the end the following 

26 new subparagraph: 
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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 

4 to service described in subparagraph (B), full5 time 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 

13 for 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

17 ENTRY LEVEL AND SKILL TRAINING TO INCLUDE

18 ONE STATION UNIT TRAINING.—Paragraph (2)(A) of 

19 such section is amended by inserting ‘‘or One Sta20 tion Unit 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 

24 amended by inserting ‘‘and Skill Training (or so25 called ‘A’ School)’’ before the period at the end. 
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1 (b) CLARIFICATION OF APPLICABILITY OF HONOR2 ABLE SERVICE REQUIREMENT FOR CERTAIN DISCHARGES

3 AND RELEASES FROM THE ARMED FORCES AS BASIS FOR

4 ENTITLEMENT 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 

8 or release from active duty in the Armed Forces after serv9 ice on active duty in the Armed Forces characterized by 

10 the Secretary concerned as honorable service’’. 

11 (c) EXCLUSION FROM PERIOD OF SERVICE ON AC12 TIVE DUTY OF PERIODS OF SERVICE IN CONNECTION

13 WITH ATTENDANCE AT COAST GUARD ACADEMY.—Sec14 tion 3311(d)(2) is amended by inserting ‘‘or section 182 

15 of title 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 

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

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

22 Educational Assistance Act of 2008 (title V of Pub23 lic Law 110–252). However, no benefits otherwise 

24 payable by reason of such amendment for the period 

25 beginning on August 1, 2009, and ending on Sep-
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1 tember 30, 2011, may be paid before October 1, 

2 2011. 

3 (2) ONE STATION UNIT TRAINING.—The 

4 amendment made by subsection (a)(2) shall take ef5 fect on the date of the enactment of this Act. 

6 (3) ENTRY LEVEL AND SKILL TRAINING FOR

7 THE COAST GUARD.—The amendment made by sub8 section (a)(3) shall take effect on the date of the en9 actment of this Act, and shall apply with respect to 

10 individuals entering service on or after that date. 

11 (4) HONORABLE SERVICE REQUIREMENT.—The 

12 amendment made by subsection (b) shall take effect 

13 on the date of the enactment of this Act, and shall 

14 apply with respect to discharges and releases from 

15 the Armed Forces that occur on or after that date. 

16 (5) SERVICE IN CONNECTION WITH ATTEND17 ANCE AT COAST GUARD ACADEMY.—The amendment 

18 made by subsection (c) shall take effect on the date 

19 of the enactment of this Act, and shall apply with 

20 respect to individuals entering into agreements on 

21 service in the Coast Guard on or after that date. 
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1 SEC. 102. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF 

2 EDUCATION LEADING TO A DEGREE PUR3 SUED AT PUBLIC, NON-PUBLIC, AND FOREIGN 

4 INSTITUTIONS OF HIGHER LEARNING. 

5 (a) AMOUNTS OF EDUCATIONAL ASSISTANCE.— 

6 (1) IN GENERAL.—Section 3313(c) is amend7 ed— 

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

9 by inserting ‘‘leading to a degree at an institu10 tion of higher learning (as that term is defined 

11 in section 3452(f))’’ after ‘‘program of edu12 cation’’; and 

13 (B) in paragraph (1), by striking subpara14 graph (A) and inserting the following new sub15 paragraph (A): 

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

17 ‘‘(i) In the case of a program of edu18 cation pursued at a public institution of 

19 higher learning, the actual net cost for in20 State tuition and fees assessed by the in21 stitution for the program of education 

22 after the application of— 

23 ‘‘(I) any waiver of, or reduction 

24 in, tuition and fees; and 

25 ‘‘(II) any scholarship, or other 

26 Federal, State, institutional, or em-
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1 ployer-based aid or assistance (other 

2 than loans and any funds provided 

3 under section 401(b) of the Higher 

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

5 1070a)) that is provided directly to 

6 the institution and specifically des7 ignated for the sole purpose of defray8 ing tuition and fees. 

9 ‘‘(ii) In the case of a program of edu10 cation pursued at a non-public or foreign 

11 institution of higher learning, the lesser 

12 of— 

13 ‘‘(I) the actual net cost for tui14 tion and fees assessed by the institu15 tion for the program of education 

16 after the application of— 

17 ‘‘(aa) any waiver of, or re18 duction in, tuition and fees; and 

19 ‘‘(bb) any scholarship, or 

20 other Federal, State, institu21 tional, or employer-based aid or 

22 assistance (other than loans and 

23 any funds provided under section 

24 401(b) of the Higher Education 

25 Act of 1965) that is provided di-
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1 rectly to the institution and spe2 cifically designated for the sole 

3 purpose of defraying tuition and 

4 fees; or 

5 ‘‘(II) the amount equal to— 

6 ‘‘(aa) for the academic year 

7 beginning on August 1, 2011, 

8 $17,500; or 

9 ‘‘(bb) for an academic year 

10 beginning on any subsequent Au11 gust 1, the amount for the pre12 vious academic year beginning on 

13 August 1 under this subclause, 

14 as increased by the percentage 

15 increase equal to the most recent 

16 percentage increase determined 

17 under section 3015(h).’’. 

18 (2) CONFORMING AMENDMENT.—The heading 

19 of such section is amended to read as follows: ‘‘PRO20 GRAMS OF EDUCATION LEADING TO A DEGREE

21 PURSUED AT INSTITUTIONS OF HIGHER LEARNING

22 ON MORE THAN HALF-TIME BASIS.—’’. 

23 (b) AMOUNTS OF MONTHLY STIPENDS.—Section 

24 3313(c)(1)(B) is amended— 
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1 (1) by redesignating clause (ii) as clause (iv); 

2 and 

3 (2) by striking clause (i) and inserting the fol4 lowing new clauses: 

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

6 and (iii), for each month an individual pur7 sues a program of education on more than 

8 a half-time basis, a monthly housing sti9 pend equal to the product of— 

10 ‘‘(I) the monthly amount of the 

11 basic allowance for housing payable 

12 under section 403 of title 37 for a 

13 member with dependents in pay grade 

14 E–5 residing in the military housing 

15 area that encompasses all or the ma16 jority portion of the ZIP code area in 

17 which is located the institution of 

18 higher learning at which the indi19 vidual is enrolled, multiplied by 

20 ‘‘(II) the lesser of— 

21 ‘‘(aa) 1.0; or 

22 ‘‘(bb) the number of course 

23 hours borne by the individual in 

24 pursuit of the program of edu25 cation, divided by the minimum 
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1 number of course hours required 

2 for full-time pursuit of the pro3 gram of education, rounded to 

4 the nearest multiple of 10. 

5 ‘‘(ii) In the case of an individual pur6 suing a program of education at a foreign 

7 institution of higher learning on more than 

8 a half-time basis, for each month the indi9 vidual pursues the program of education, a 

10 monthly housing stipend equal to the prod11 uct of— 

12 ‘‘(I) the national average of the 

13 monthly amount of the basic allow14 ance for housing payable under sec15 tion 403 of title 37 for a member with 

16 dependents in pay grade E–5, multi17 plied by 

18 ‘‘(II) the lesser of— 

19 ‘‘(aa) 1.0; or 

20 ‘‘(bb) the number of course 

21 hours borne by the individual in 

22 pursuit of the program of edu23 cation, divided by the minimum 

24 number of course hours required 

25 for full-time pursuit of the pro-
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1 gram of education, rounded to 

2 the nearest multiple of 10. 

3 ‘‘(iii) In the case of an individual pur4 suing a program of education solely 

5 through distance learning on more than a 

6 half-time basis, a monthly housing stipend 

7 equal to 50 percent of the amount payable 

8 under clause (ii) if the individual were oth9 erwise entitled to a monthly housing sti10 pend under that clause for pursuit of the 

11 program of education.’’. 

12 (c) EFFECTIVE DATES.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section 

15 shall take effect on August 1, 2011, and shall apply 

16 with respect to amounts payable for educational as17 sistance for pursuit of programs of education on or 

18 after that date. 

19 (2) STIPEND FOR DISTANCE LEARNING ON

20 MORE THAN HALF-TIME BASIS.—Clause (iii) of sec21 tion 3313(c)(1)(B) of title 38, United States Code 

22 (as added by subsection (b)(2) of this section), shall 

23 take effect on October 1, 2011, and shall apply with 

24 respect to amounts payable for educational assist-
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1 ance for pursuit of programs of education as covered 

2 by such clause on or after that date. 

3 SEC. 103. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF 

4 EDUCATION LEADING TO A DEGREE PUR5 SUED ON ACTIVE DUTY. 

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

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

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

9 (2) in paragraph (2)— 

10 (A) in the matter preceding subparagraph 

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

12 ‘‘program of education’’; 

13 (B) by redesignating subparagraphs (A) 

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

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

16 redesignated by subparagraph (B) of this para17 graph— 

18 (i) by striking ‘‘The amount’’ and in19 serting ‘‘The amounts’’; and 

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

21 and inserting ‘‘are as follows: 

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

23 amount equal to the lesser of—’’; 

24 (D) by striking clause (i), as so redesig25 nated, and inserting the following new clauses: 
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1 ‘‘(i) in the case of a program of edu2 cation pursued at a public institution of 

3 higher learning, the actual net cost for in4 State tuition and fees assessed by the in5 stitution for the program of education 

6 after the application of— 

7 ‘‘(I) any waiver of, or reduction 

8 in, tuition and fees; and 

9 ‘‘(II) any scholarship, or other 

10 Federal, State, institutional, or em11 ployer-based aid or assistance (other 

12 than loans and any funds provided 

13 under section 401(b) of the Higher 

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

15 1070a)) that is provided directly to 

16 the institution and specifically des17 ignated for the sole purpose of defray18 ing tuition and fees; 

19 ‘‘(ii) in the case of a program of edu20 cation pursued at a non-public or foreign 

21 institution of higher learning, the lesser 

22 of— 

23 ‘‘(I) the actual net cost for tui24 tion and fees assessed by the institu-
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1 tion for the program of education 

2 after the application of— 

3 ‘‘(aa) any waiver of, or re4 duction in, tuition and fees; and 

5 ‘‘(bb) any scholarship, or 

6 other Federal, State, institu7 tional, or employer-based aid or 

8 assistance (other than loans and 

9 any funds provided under section 

10 401(b) of the Higher Education 

11 Act of 1965) that is provided di12 rectly to the institution and spe13 cifically designated for the sole 

14 purpose of defraying tuition and 

15 fees; or 

16 ‘‘(II) the amount equal to— 

17 ‘‘(aa) for the academic year 

18 beginning on August 1, 2011, 

19 $17,500; or 

20 ‘‘(bb) for an academic year 

21 beginning on any subsequent Au22 gust 1, the amount for the pre23 vious academic year beginning on 

24 August 1 under this subclause, 

25 as increased by the percentage 
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1 increase equal to the most recent 

2 percentage increase determined 

3 under section 3015(h); or’’. 

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

5 subparagraphs (B) and (C): 

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

7 first month of each quarter, semester, or term, 

8 as applicable, of the program of education pur9 sued by the individual, a lump sum amount for 

10 books, supplies, equipment, and other edu11 cational costs with respect to such quarter, se12 mester, or term in the amount equal to— 

13 ‘‘(i) $1,000, multiplied by 

14 ‘‘(ii) the fraction of a complete aca15 demic year under the program of education 

16 that such quarter, semester, or term con17 stitutes. 

18 ‘‘(C) In the case of an individual entitled 

19 to educational assistance by reason of para20 graphs (3) through (8) of section 3311(b), the 

21 amounts payable to the individual pursuant to 

22 subparagraphs (A)(i), (A)(ii), and (B) shall be 

23 the amounts otherwise determined pursuant to 

24 such subparagraphs multiplied by the same per25 centage applicable to the monthly amounts pay-
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1 able to the individual under paragraphs (2) 

2 through (7) of subsection (c).’’. 

3 (b) CONFORMING AMENDMENT.—The heading of 

4 such section is amended to read as follows: ‘‘PROGRAMS

5 OF EDUCATION LEADING TO A DEGREE PURSUED ON AC6 TIVE DUTY ON MORE THAN HALF-TIME BASIS.—’’. 

7 (c) EFFECTIVE DATES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendments made by this section 

10 shall take effect on the date that is 60 days after 

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

12 apply with respect to amounts payable for edu13 cational assistance for pursuit of programs of edu14 cation on or after such effective date. 

15 (2) LUMP SUM FOR BOOKS AND OTHER EDU16 CATIONAL COSTS.—Subparagraph (B) of section 

17 3313(e)(2) of title 38, United States Code (as added 

18 by subsection (a)(2)(E) of this section), shall take 

19 effect on October 1, 2011, and shall apply with re20 spect to amounts payable for educational assistance 

21 for pursuit of programs of education on or after that 

22 date. 
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1 SEC. 104. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF 

2 EDUCATION PURSUED ON HALF-TIME BASIS 

3 OR LESS. 

4 (a) CLARIFICATION OF AVAILABILITY OF ASSIST5 ANCE.—Section 3313(f) is amended— 

6 (1) in paragraph (1), by inserting before the pe7 riod at the end the following: ‘‘whether a program 

8 of education pursued on active duty, a program of 

9 education leading to a degree, or a program of edu10 cation other than a program of education leading to 

11 a degree’’; and 

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

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

14 matter preceding subparagraph (A). 

15 (b) AMOUNT OF ASSISTANCE.—Clause (i) of para16 graph (2)(A) of such section is amended to read as follows: 

17 ‘‘(i) the actual net cost for in-State 

18 tuition and fees assessed by the institution 

19 of higher learning for the program of edu20 cation after the application of— 

21 ‘‘(I) any waiver of, or reduction 

22 in, tuition and fees; and 

23 ‘‘(II) any scholarship, or other 

24 Federal, State, institutional, or em25 ployer-based aid or assistance (other 

26 than loans and any funds provided 
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1 under section 401(b) of the Higher 

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

3 1070a)) that is provided directly to 

4 the institution and specifically des5 ignated for the sole purpose of defray6 ing tuition and fees; or’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

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

9 apply with respect to amounts payable for educational as10 sistance for pursuit of programs of education on or after 

11 that date. 

12 SEC. 105. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF 

13 EDUCATION OTHER THAN PROGRAMS OF 

14 EDUCATION LEADING TO A DEGREE. 

15 (a) APPROVED PROGRAMS OF EDUCATION AT INSTI16 TUTIONS OTHER THAN INSTITUTIONS OF HIGHER

17 LEARNING.—Subsection (b) of section 3313 is amended 

18 by striking ‘‘is offered by an institution of higher learning 

19 (as that term is defined in section 3452(f)) and’’. 

20 (b) ASSISTANCE FOR PURSUIT OF PROGRAMS OF

21 EDUCATION OTHER THAN PROGRAMS OF EDUCATION

22 LEADING TO A DEGREE.—Such section is further amend23 ed— 

24 (1) by striking subsection (h); 
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1 (2) by redesignating subsection (g) as sub2 section (h); and 

3 (3) by inserting after subsection (f) the fol4 lowing new subsection (g): 

5 ‘‘(g) PROGRAMS OF EDUCATION OTHER THAN PRO6 GRAMS OF EDUCATION LEADING TO A DEGREE.— 

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

8 payable under this chapter for pursuit of an ap9 proved program of education other than a program 

10 of education leading to a degree at an institution 

11 other than an institution of higher learning (as that 

12 term is defined in section 3452(f)). 

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

14 The payment of educational assistance under this 

15 chapter for pursuit of a program of education other16 wise described in paragraph (1) on a half-time basis 

17 or less is governed by subsection (f). 

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

19 of educational assistance payable under this chapter 

20 to an individual entitled to educational assistance 

21 under this chapter who is pursuing an approved pro22 gram of education covered by this subsection are as 

23 follows: 

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

25 in a program of education (other than a pro-
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1 gram described in subparagraphs (B) through 

2 (D)) in pursuit of a certificate or other non-col3 lege degree, the following: 

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

5 equal to the lesser of— 

6 ‘‘(I) the actual net cost for in7 State tuition and fees assessed by the 

8 institution concerned for the program 

9 of education after the application of— 

10 ‘‘(aa) any waiver of, or re11 duction in, tuition and fees; and 

12 ‘‘(bb) any scholarship, or 

13 other Federal, State, institu14 tional, or employer-based aid or 

15 assistance (other than loans and 

16 any funds provided under section 

17 401(b) of the Higher Education 

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

19 that is provided directly to the 

20 institution and specifically des21 ignated for the sole purpose of 

22 defraying tuition and fees; or 

23 ‘‘(II) the amount equal to— 
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1 ‘‘(aa) for the academic year 

2 beginning on August 1, 2011, 

3 $17,500; 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, 

9 as increased by the percentage 

10 increase equal to the most recent 

11 percentage increase determined 

12 under section 3015(h). 

13 ‘‘(ii) Except in the case of an indi14 vidual pursuing a program of education on 

15 a half-time or less basis and subject to 

16 clause (iv), a monthly housing stipend 

17 equal to the product— 

18 ‘‘(I) of— 

19 ‘‘(aa) in the case of an indi20 vidual pursuing resident training, 

21 the monthly amount of the basic 

22 allowance for housing payable 

23 under section 403 of title 37 for 

24 a member with dependents in pay 

25 grade E–5 residing in the mili-
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1 tary housing area that encom2 passes all or the majority portion 

3 of the ZIP code area in which is 

4 located the institution at which 

5 the individual is enrolled; or 

6 ‘‘(bb) in the case of an indi7 vidual pursuing a program of 

8 education through distance learn9 ing, a monthly amount equal to 

10 50 percent of the amount payable 

11 under item (aa), multiplied by 

12 ‘‘(II) the lesser of— 

13 ‘‘(aa) 1.0; or 

14 ‘‘(bb) the number of course 

15 hours borne by the individual in 

16 pursuit of the program of edu17 cation involved, divided by the 

18 minimum number of course hours 

19 required for full-time pursuit of 

20 such program of education, 

21 rounded to the nearest multiple 

22 of 10. 

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

24 stipend in an amount equal to $83 for 

25 each month (or pro rata amount for a par-
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1 tial month) of training pursued for books 

2 supplies, equipment, and other educational 

3 costs. 

4 ‘‘(iv) In the case of an individual enti5 tled to educational assistance by reason of 

6 paragraphs (3) through (8) of section 

7 3311(b), the amounts payable pursuant to 

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

9 amounts otherwise determined pursuant to 

10 such clauses multiplied by the same per11 centage applicable to the monthly amounts 

12 payable to the individual under paragraphs 

13 (2) through (7) of subsection (c). 

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

15 a full-time program of apprenticeship or other 

16 on-job training, amounts as follows: 

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

18 for each month the individual pursues the 

19 program of education, a monthly housing 

20 stipend equal to— 

21 ‘‘(I) during the first six-month 

22 period of the program, the monthly 

23 amount of the basic allowance for 

24 housing payable under section 403 of 

25 title 37 for a member with dependents 
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1 in pay grade E–5 residing in the mili2 tary housing area that encompasses 

3 all or the majority portion of the ZIP 

4 code area in which is located the em5 ployer at which the individual pursues 

6 such program; 

7 ‘‘(II) during the second six8 month period of the program, 80 per9 cent of the monthly amount of the 

10 basic allowance for housing payable as 

11 described in subclause (I); 

12 ‘‘(III) during the third six-month 

13 period of the program, 60 percent of 

14 the monthly amount of the basic al15 lowance for housing payable as de16 scribed in subclause (I); 

17 ‘‘(IV) during the fourth six18 month period of such program, 40 

19 percent of the monthly amount of the 

20 basic allowance for housing payable as 

21 described in subclause (I); and 

22 ‘‘(V) during any month after the 

23 first 24 months of such program, 20 

24 percent of the monthly amount of the 
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1 basic allowance for housing payable as 

2 described in subclause (I). 

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

4 a monthly stipend in an amount equal to 

5 $83 for each month (or pro rata amount 

6 for each partial month) of training pursued 

7 for books supplies, equipment, and other 

8 educational costs. 

9 ‘‘(iii) In the case of an individual enti10 tled to educational assistance by reason of 

11 paragraphs (3) through (8) of sections 

12 3311(b), the amounts payable pursuant to 

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

14 otherwise determined pursuant to such 

15 clauses multiplied by the same percentage 

16 applicable to the monthly amounts payable 

17 to the individual under paragraphs (2) 

18 through (7) of subsection (c). 

19 ‘‘(iv) In any month in which an indi20 vidual pursuing a program of education 

21 consisting of a program of apprenticeship 

22 or other on-job training fails to complete 

23 120 hours of training, the amount of 

24 monthly educational assistance allowance 

25 payable under clauses (i) and (iii) to the 
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1 individual shall be limited to the same pro2 portion of the applicable rate determined 

3 under this subparagraph as the number of 

4 hours worked during such month, rounded 

5 to the nearest eight hours, bears to 120 

6 hours. 

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

8 in a program of education consisting of flight 

9 training (regardless of the institution providing 

10 such program of education), an amount equal 

11 to— 

12 ‘‘(i) the lesser of— 

13 ‘‘(I) the actual net cost for in14 State tuition and fees assessed by the 

15 institution concerned for the program 

16 of education after the application of— 

17 ‘‘(aa) any waiver of, or re18 duction in, tuition and fees; and 

19 ‘‘(bb) any scholarship, or 

20 other Federal, State, institu21 tional, or employer-based aid or 

22 assistance (other than loans and 

23 any funds provided under section 

24 401(b) of the Higher Education 

25 Act of 1965) that is provided di-
28 

†S 3447 ES

1 rectly to the institution and spe2 cifically designated for the sole 

3 purpose of defraying tuition and 

4 fees; or 

5 ‘‘(II) the amount equal to— 

6 ‘‘(aa) for the academic year 

7 beginning on August 1, 2011, 

8 $10,000; or 

9 ‘‘(bb) for an academic year 

10 beginning on any subsequent Au11 gust 1, the amount for the pre12 vious academic year beginning on 

13 August 1 under this subclause, 

14 as increased by the percentage 

15 increase equal to the most recent 

16 percentage increase determined 

17 under section 3015(h), multiplied 

18 by— 

19 ‘‘(ii) either— 

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

21 entitled to educational assistance by 

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

23 of section 3311(b), 100 percent; or 

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

25 entitled to educational assistance by 
29 

†S 3447 ES

1 reason of paragraphs (3) through (8) 

2 of section 3311(b), the same percent3 age as would otherwise apply to the 

4 monthly amounts payable to the indi5 vidual under paragraphs (2) through 

6 (7) of subsection (c). 

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

8 in a program of education that is pursued ex9 clusively by correspondence (regardless of the 

10 institution providing such program of edu11 cation), an amount equal to— 

12 ‘‘(i) the lesser of— 

13 ‘‘(I) the actual net cost for tui14 tion and fees assessed by the institu15 tion concerned for the program of 

16 education after the application of— 

17 ‘‘(aa) any waiver of, or re18 duction in, tuition and fees; and 

19 ‘‘(bb) any scholarship, or 

20 other Federal, State, institu21 tional, or employer-based aid or 

22 assistance (other than loans and 

23 any funds provided under section 

24 401(b) of the Higher Education 

25 Act of 1965) that is provided di-
30 

†S 3447 ES

1 rectly to the institution and spe2 cifically designated for the sole 

3 purpose of defraying tuition and 

4 fees. 

5 ‘‘(II) the amount equal to— 

6 ‘‘(aa) for the academic year 

7 beginning on August 1, 2011, 

8 $8,500; or 

9 ‘‘(bb) for an academic year 

10 beginning on any subsequent Au11 gust 1, the amount for the pre12 vious academic year beginning on 

13 August 1 under this subclause, 

14 as increased by the percentage 

15 increase equal to the most recent 

16 percentage increase determined 

17 under section 3015(h), multiplied 

18 by— 

19 ‘‘(ii) either— 

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

21 entitled to educational assistance by 

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

23 of section 3311(b), 100 percent; or 

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

25 entitled to educational assistance by 
31 

†S 3447 ES

1 reason of paragraphs (3) through (8) 

2 of section 3311(b), the same percent3 age as would otherwise apply to the 

4 monthly amounts payable to the indi5 vidual under paragraphs (2) through 

6 (7) of subsection (c). 

7 ‘‘(4) FREQUENCY OF PAYMENT.— 

8 ‘‘(A) QUARTER, SEMESTER, OR TERM PAY9 MENTS.—Payment of the amounts payable 

10 under paragraph (3)(A)(i) for pursuit of a pro11 gram of education shall be made for the entire 

12 quarter, semester, or term, as applicable, of the 

13 program of education. 

14 ‘‘(B) MONTHLY PAYMENTS.—Payment of 

15 the amounts payable under paragraphs 

16 (3)(A)(ii) and (3)(B)(i) for pursuit of a pro17 gram of education shall be made on a monthly 

18 basis. 

19 ‘‘(C) LUMP SUM PAYMENTS.— 

20 ‘‘(i) Payment for the amount payable 

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

22 shall be paid to the individual for the first 

23 month of each quarter, semester, or term, 

24 as applicable, of the program education 

25 pursued by the individual. 
32 

†S 3447 ES

1 ‘‘(ii) Payment of the amount payable 

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

3 program of education shall be made upon 

4 receipt of certification for training com5 pleted by the individual and serviced by the 

6 training facility. 

7 ‘‘(D) QUARTERLY PAYMENTS.—Payment 

8 of the amounts payable under paragraph (3)(D) 

9 for pursuit of a program of education shall be 

10 made quarterly on a pro rata basis for the les11 sons completed by the individual and serviced 

12 by the institution. 

13 ‘‘(5) CHARGE AGAINST ENTITLEMENT FOR CER14 TIFICATE AND OTHER NON-COLLEGE DEGREE PRO15 GRAMS.— 

16 ‘‘(A) IN GENERAL.—In the case of 

17 amounts paid under paragraph (3)(A)(i) for 

18 pursuit of a program of education, the charge 

19 against entitlement to educational assistance 

20 under this chapter of the individual for whom 

21 such payment is made shall be one month for 

22 each of— 

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

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

25 amount equal to one-twelfth of the amount 
33 

†S 3447 ES

1 applicable in the academic year in which 

2 the payment is made under paragraph 

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

4 ‘‘(B) PRO RATA ADJUSTMENT BASED ON

5 CERTAIN ELIGIBILITY.—If the amount other6 wise payable with respect to an individual under 

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

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

9 amount applicable with respect to the individual 

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

11 otherwise determined pursuant to such subpara12 graph subject to a percentage adjustment equal 

13 to the percentage adjustment applicable with 

14 respect to the individual under paragraph 

15 (3)(A)(iv).’’. 

16 (c) PAYMENT OF AMOUNTS TO EDUCATIONAL INSTI17 TUTIONS.—Subsection (h) of section 3313, as redesig18 nated by subsection (b)(2) of this section, is amended by 

19 inserting ‘‘, and under subparagraphs (A)(i), (C), and (D) 

20 of subsection (g)(3),’’ after ‘‘(f)(2)(A)’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on October 1, 2011, and shall 

23 apply with respect to amounts payable for educational as24 sistance for pursuit of programs of education on or after 

25 that date. 
34 

†S 3447 ES

1 SEC. 106. DETERMINATION OF MONTHLY HOUSING STI2 PEND PAYMENTS FOR ACADEMIC YEARS. 

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

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

5 new subsection: 

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

9 beginning on August 1 of a calendar year shall be deter10 mined utilizing rates for basic allowances for housing pay11 able under section 403 of title 37 in effect as of January 

12 1 of such calendar year.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on August 1, 2011. 

15 SEC. 107. AVAILABILITY OF ASSISTANCE FOR LICENSURE 

16 AND CERTIFICATION TESTS. 

17 (a) AVAILABILITY OF ASSISTANCE FOR ADDITIONAL

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

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

20 ‘‘licensing or certification tests’’. 

21 (b) CHARGE AGAINST ENTITLEMENT FOR RECEIPT

22 OF ASSISTANCE.— 

23 (1) IN GENERAL.—Subsection (c) of such sec24 tion is amended to read as follows: 

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

26 against an individual’s entitlement under this chapter for 
35 

†S 3447 ES

1 payment for a licensing or certification test shall be deter2 mined at the rate of one month (rounded to the nearest 

3 whole month) for each amount paid that equals— 

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

5 1, 2011, $1,460; or 

6 ‘‘(2) for an academic year beginning on any 

7 subsequent August 1, the amount for the previous 

8 academic year beginning on August 1 under this 

9 subsection, as increased by the percentage increase 

10 equal to the most recent percentage increase deter11 mined under section 3015(h).’’. 

12 (2) CONFORMING AMENDMENTS.—Subsection 

13 (b) of such section is amended— 

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

15 the end; 

16 (B) in paragraph (2), by striking the pe17 riod and inserting ‘‘; or’’; and 

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

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

20 individual under this chapter at the time of payment 

21 for the test under this section.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on August 1, 2011, and shall 

24 apply with respect to licensure and certification tests 

25 taken on or after that date. 
36 

†S 3447 ES

1 SEC. 108. NATIONAL TESTS. 

2 (a) NATIONAL TESTS.— 

3 (1) IN GENERAL.—Chapter 33 is amended by 

4 inserting after section 3315 the following new sec5 tion: 

6 ‘‘§ 3315A. National tests 

7 ‘‘(a) IN GENERAL.—An individual entitled to edu8 cational assistance under this chapter shall also be entitled 

9 to educational assistance for the following: 

10 ‘‘(1) A national test for admission to an institu11 tion of higher learning as described in the last sen12 tence of section 3452(b). 

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

14 for course credit at an institution of higher learning 

15 as so described. 

16 ‘‘(b) AMOUNT.—The amount of educational assist17 ance payable under this chapter for a test described in 

18 subsection (a) is the lesser of— 

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

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

21 individual under this chapter at the time of payment 

22 for the test under this section. 

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

24 of months of entitlement charged an individual under this 

25 chapter for a test described in subsection (a) shall be de-
37 

†S 3447 ES

1 termined at the rate of one month (rounded to the nearest 

2 whole month) for each amount paid that equals— 

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

4 1, 2011, $1,460; or 

5 ‘‘(2) for an academic year beginning on any 

6 subsequent August 1, the amount for the previous 

7 academic year beginning on August 1 under this 

8 subsection, as increased by the percentage increase 

9 equal to the most recent percentage increase deter10 mined under section 3015(h).’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 33 is amended by 

13 inserting after the item relating to section 3315 the 

14 following new item: 

‘‘3315A. National tests.’’. 

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

16 this section shall take effect on August 1, 2011, and shall 

17 apply with respect to national tests taken on or after that 

18 date. 

19 SEC. 109. CONTINUATION OF ENTITLEMENT TO ADDI20 TIONAL EDUCATIONAL ASSISTANCE FOR 

21 CRITICAL SKILLS OR SPECIALTY. 

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

23 (1) by redesignating subsection (c) as sub24 section (e); and 
38 

†S 3447 ES

1 (2) by inserting after subsection (b) the fol2 lowing new subsection (c): 

3 ‘‘(c) CONTINUATION OF INCREASED EDUCATIONAL

4 ASSISTANCE.— 

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

6 election to receive educational assistance under this 

7 chapter pursuant to section 5003(c)(1)(A) of the 

8 Post-9/11 Veterans Educational Assistance Act of 

9 2008 (38 U.S.C. 3301 note) and who, at the time 

10 of the election, was entitled to increased educational 

11 assistance under section 3015(d) or section 16131(i) 

12 of title 10 shall remain entitled to increased edu13 cational assistance in the utilization of the individ14 ual’s entitlement to educational assistance under this 

15 chapter. 

16 ‘‘(2) RATE.—The monthly rate of increased 

17 educational assistance payable to an individual 

18 under paragraph (1) shall be— 

19 ‘‘(A) the rate of educational assistance oth20 erwise payable to the individual under section 

21 3015(d) or section 16131(i) of title 10, as the 

22 case may be, had the individual not made the 

23 election described in paragraph (1), multiplied 

24 by 

25 ‘‘(B) the lesser of— 
39 

†S 3447 ES

1 ‘‘(i) 1.0; or 

2 ‘‘(ii) the number of course hours 

3 borne by the individual in pursuit of the 

4 program of education involved divided by 

5 the minimum number of course hours re6 quired for full-time pursuit of the program 

7 of education, rounded to the nearest mul8 tiple of 10. 

9 ‘‘(3) FREQUENCY OF PAYMENT.—Payment of 

10 the amounts payable under paragraph (1) during 

11 pursuit of a program of education shall be made on 

12 a monthly basis.’’. 

13 (b) CLARIFICATION ON FUNDING OF INCREASED AS14 SISTANCE.— 

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

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

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

18 new subsection: 

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

20 assistance under this section shall be made from the De21 partment of Defense Education Benefits Fund under sec22 tion 2006 of title 10 or from appropriations available to 

23 the Department of Homeland Security for that purpose, 

24 as applicable.’’. 
40 

†S 3447 ES

1 (2) CONFORMING AMENDMENTS.—Section 

2 2006(b) of title 10, United States Code, is amend3 ed— 

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

5 after ‘‘chapter 30’’; and 

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

7 the following new subparagraph: 

8 ‘‘(E) The present value of any future bene9 fits payable from the Fund for amounts attrib10 utable to increased amounts of educational as11 sistance authorized by section 3316 of title 

12 38.’’. 

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

14 this section shall take effect on August 1, 2011. 

15 SEC. 110. TRANSFER OF UNUSED EDUCATION BENEFITS. 

16 (a) AVAILABILITY OF TRANSFER AUTHORITY FOR

17 MEMBERS OF PHS AND NOAA.—Section 3319 is amend18 ed— 

19 (1) by striking ‘‘Armed Forces’’ each place it 

20 appears (other than in subsection (a)) and inserting 

21 ‘‘uniformed services’’; and 

22 (2) by striking subsection (k). 

23 (b) SCOPE AND EXERCISE OF AUTHORITY.—Sub24 section (a) of such section is amended— 
41 

†S 3447 ES

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

2 this section,’’ and all that follows through ‘‘to per3 mit’’ and inserting ‘‘(1) Subject to the provisions of 

4 this section, the Secretary concerned may permit’’; 

5 and 

6 (2) by adding at the end the following new 

7 paragraph: 

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

9 is to promote recruitment and retention in the uniformed 

10 services. The Secretary concerned may exercise the au11 thority for that purpose when authorized by the Secretary 

12 of Defense in the national security interests of the United 

13 States.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on August 1, 2011. 

16 SEC. 111. BAR TO DUPLICATION OF CERTAIN EDUCATIONAL 

17 ASSISTANCE BENEFITS. 

18 (a) BAR TO CONCURRENT RECEIPT OF TRANS19 FERRED EDUCATION BENEFITS AND MARINE GUNNERY

20 SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST21 ANCE.—Section 3322 is amended by adding at the end 

22 the following new subsection: 

23 ‘‘(e) BAR TO CONCURRENT RECEIPT OF TRANS24 FERRED EDUCATION BENEFITS AND MARINE GUNNERY

25 SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST-
42 

†S 3447 ES

1 ANCE.—An individual entitled to educational assistance 

2 under both sections 3311(b)(9) and 3319 may not receive 

3 assistance under both provisions concurrently, but shall 

4 elect (in such form and manner as the Secretary may pre5 scribe) under which provision to receive educational assist6 ance.’’. 

7 (b) BAR TO RECEIPT OF COMPENSATION AND PEN8 SION AND MARINE GUNNERY SERGEANT JOHN DAVID

9 FRY SCHOLARSHIP ASSISTANCE.—Such section is further 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(f) BAR TO RECEIPT OF COMPENSATION AND PEN13 SION AND MARINE GUNNERY SERGEANT JOHN DAVID

14 FRY SCHOLARSHIP ASSISTANCE.—The commencement of 

15 a program of education under section 3311(b)(9) shall be 

16 a bar to the following: 

17 ‘‘(1) Subsequent payments of dependency and 

18 indemnity compensation or pension based on the 

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

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

21 educational institution. 

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

23 compensation, dependency and indemnity compensa24 tion, or pension because of such a person, whether 

25 eligibility is based upon the death of the parent.’’. 
43 

†S 3447 ES

1 (c) BAR TO CONCURRENT RECEIPT OF TRANS2 FERRED EDUCATION BENEFITS.—Such section is further 

3 amended by adding at the end the following new sub4 section: 

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

7 is entitled to educational assistance under this chapter 

8 based on a transfer of entitlement from more than one 

9 individual under section 3319 may not receive assistance 

10 based on transfers from more than one such individual 

11 concurrently, but shall elect (in such form and manner as 

12 the Secretary may prescribe) under which source to utilize 

13 such assistance at any one time.’’. 

14 (d) BAR TO DUPLICATION OF ELIGIBILITY BASED

15 ON A SINGLE EVENT.—Such section is further amended 

16 by adding at the end the following new subsection: 

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

18 ON A SINGLE EVENT OR PERIOD OF SERVICE.— 

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

20 with qualifying service in the Armed Forces that es21 tablishes eligibility on the part of such individual for 

22 educational assistance under this chapter, chapter 

23 30 or 32 of this title, and chapter 1606 or 1607 of 

24 title 10, shall elect (in such form and manner as the 
44 

†S 3447 ES

1 Secretary may prescribe) under which authority such 

2 service is to be credited. 

3 ‘‘(2) ELIGIBILITY FOR EDUCATIONAL ASSIST4 ANCE BASED ON PARENT’S SERVICE.—A child of a 

5 member of the Armed Forces who, on or after Sep6 tember 11, 2001, dies in the line of duty while serv7 ing on active duty, who is eligible for educational as8 sistance under either section 3311(b)(9) or chapter 

9 35 of this title based on the parent’s death may not 

10 receive such assistance under both this chapter and 

11 chapter 35 of this title, but shall elect (in such form 

12 and manner as the Secretary may prescribe) under 

13 which chapter to receive such assistance.’’. 

14 (e) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on August 1, 2011. 

16 SEC. 112. TECHNICAL AMENDMENTS. 

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

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

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

20 (2) in clause (iii) of subparagraph (A) of sub21 section (e)(2), as redesignated by section 103(a)(2) 

22 of this Act, by adding a period at the end. 

23 (b) SECTION 3319.—Section 3319(b)(2) is amended 

24 by striking ‘‘to section (k)’’ and inserting ‘‘to subsection 

25 (j)’’. 
45 

†S 3447 ES

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

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

3 3034(a)(1) and 3680(c)’’. 

4 TITLE II—OTHER EDUCATIONAL 

5 ASSISTANCE MATTERS 

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

7 EDUCATIONAL ASSISTANCE BY PRIMARY 

8 CAREGIVERS OF SERIOUSLY INJURED VET9 ERANS AND MEMBERS OF THE ARMED 

10 FORCES. 

11 (a) ALL-VOLUNTEER FORCE EDUCATIONAL ASSIST12 ANCE.—Subsection (d) of section 3031 is amended to read 

13 as follows: 

14 ‘‘(d)(1) In the case of an individual eligible for edu15 cational assistance under this chapter who is prevented 

16 from pursuing the individual’s chosen program of edu17 cation before the expiration of the 10-year period for the 

18 use of entitlement under this chapter otherwise applicable 

19 under this section because of a physical or mental dis20 ability which is not the result of the individual’s own will21 ful misconduct, such 10-year period— 

22 ‘‘(A) shall not run during the period the indi23 vidual is so prevented from pursuing such program; 

24 and 
46 

†S 3447 ES

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

2 after the individual’s recovery from such disability 

3 on which it is reasonably feasible, as determined 

4 under regulations prescribed by the Secretary, for 

5 the individual to initiate or resume pursuit of a pro6 gram of education with educational assistance under 

7 this chapter. 

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

9 an individual eligible for educational assistance under this 

10 chapter who is prevented from pursuing the individual’s 

11 chosen program of education before the expiration of the 

12 10-year period for the use of entitlement under this chap13 ter otherwise applicable under this section by reason of 

14 acting as the primary provider of personal care services 

15 for a veteran or member of the Armed Forces under sec16 tion 1720G(a) of this title, such 10-year period— 

17 ‘‘(i) shall not run during the period the indi18 vidual is so prevented from pursuing such program; 

19 and 

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

21 after the date of the recovery of the veteran or mem22 ber from the injury, or the date on which the indi23 vidual ceases to be the primary provider of personal 

24 care services for the veteran or member, whichever 

25 is earlier, on which it is reasonably feasible, as so 
47 

†S 3447 ES

1 determined, for the individual to initiate or resume 

2 pursuit of a program of education with educational 

3 assistance under this chapter. 

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

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

6 personal care services if the period concludes with the rev7 ocation of the individual’s designation as such a primary 

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

9 (b) CERTAIN TRANSFEREES OF POST-9/11 EDU10 CATIONAL ASSISTANCE.—Paragraph (5) of section 

11 3319(h) is amended to read as follows: 

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

13 TRANSFEREES.— 

14 ‘‘(A) IN GENERAL.—A child to whom enti15 tlement is transferred under this section may 

16 use the benefits transferred without regard to 

17 the 15-year delimiting date specified in section 

18 3321, but may not, except as provided in sub19 paragraph (B), use any benefits so transferred 

20 after attaining the age of 26 years. 

21 ‘‘(B) PRIMARY CAREGIVERS OF SERIOUSLY

22 INJURED MEMBERS OF THE ARMED FORCES

23 AND VETERANS.— 

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

25 (ii), in the case of a child who, before at-
48 

†S 3447 ES

1 taining the age of 26 years, is prevented 

2 from pursuing a chosen program of edu3 cation by reason of acting as the primary 

4 provider of personal care services for a vet5 eran or member of the Armed Forces 

6 under section 1720G(a), the child may use 

7 the benefits beginning on the date specified 

8 in clause (iii) for a period whose length is 

9 specified in clause (iv). 

10 ‘‘(ii) INAPPLICABILITY FOR REVOCA11 TION.—Clause (i) shall not apply with re12 spect to the period of an individual as a 

13 primary provider of personal care services 

14 if the period concludes with the revocation 

15 of the individual’s designation as such a 

16 primary provider under section 

17 1720G(a)(7)(D). 

18 ‘‘(iii) DATE FOR COMMENCEMENT OF

19 USE.—The date specified in this clause for 

20 the beginning of the use of benefits by a 

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

22 ‘‘(I) the date on which the child 

23 ceases acting as the primary provider 

24 of personal care services for the vet-
49 

†S 3447 ES

1 eran or member concerned as de2 scribed in clause (i); 

3 ‘‘(II) the date on which it is rea4 sonably feasible, as determined under 

5 regulations prescribed by the Sec6 retary, for the child to initiate or re7 sume the use of benefits; or 

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

9 attains the age of 26 years. 

10 ‘‘(iv) LENGTH OF USE.—The length 

11 of the period specified in this clause for the 

12 use of benefits by a child under clause (i) 

13 is the length equal to the length of the pe14 riod that— 

15 ‘‘(I) begins on the date on which 

16 the child begins acting as the primary 

17 provider of personal care services for 

18 the veteran or member concerned as 

19 described in clause (i); and 

20 ‘‘(II) ends on the later of— 

21 ‘‘(aa) the date on which the 

22 child ceases acting as the pri23 mary provider of personal care 

24 services for the veteran or mem25 ber as described in clause (i); or 
50 

†S 3447 ES

1 ‘‘(bb) the date on which it is 

2 reasonably feasible, as so deter3 mined, for the child to initiate or 

4 resume the use of benefits.’’. 

5 (c) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL

6 ASSISTANCE.—Subsection (c) of section 3512 is amended 

7 to read as follows: 

8 ‘‘(c)(1) Notwithstanding subsection (a) and subject 

9 to paragraph (2), an eligible person may be afforded edu10 cational assistance beyond the age limitation applicable to 

11 the person under such subsection if— 

12 ‘‘(A) the person suspends pursuit of such per13 son’s program of education after having enrolled in 

14 such program within the time period applicable to 

15 such person under such subsection; 

16 ‘‘(B) the person is unable to complete such pro17 gram after the period of suspension and before at18 taining the age limitation applicable to the person 

19 under such subsection; and 

20 ‘‘(C) the Secretary finds that the suspension 

21 was due to either of the following: 

22 ‘‘(i) The actions of the person as the pri23 mary provider of personal care services for a 

24 veteran or member of the Armed Forces under 

25 section 1720G(a) of this title. 
51 

†S 3447 ES

1 ‘‘(ii) Conditions otherwise beyond the con2 trol of the person. 

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

4 the period of an individual as a primary provider of per5 sonal care services if the period concludes with the revoca6 tion of the individual’s designation as such a primary pro7 vider under section 1720G(a)(7)(D) of this title. 

8 ‘‘(3) Educational assistance may not be afforded a 

9 person under paragraph (1) after the earlier of— 

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

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

12 the period the person was required to suspend pur13 suit of the person’s program of education as de14 scribed in paragraph (1); or 

15 ‘‘(B) the date of the person’s thirty-first birth16 day.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on August 1, 2011, and shall 

19 apply with respect to preventions and suspension of pur20 suit of programs of education that commence on or after 

21 that date. 
52 

†S 3447 ES

1 SEC. 202. 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) is amended by insert7 ing ‘‘or section 510’’ after ‘‘or 1607’’. 

8 (b) LIMITATION ON CONCURRENT RECEIPT OF EDU9 CATIONAL ASSISTANCE.—Section 3681(b)(2) is amended 

10 by inserting ‘‘and section 510’’ after ‘‘and 107’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on August 1, 2011. 

13 SEC. 203. APPROVAL OF COURSES. 

14 (a) CONSTRUCTIVE APPROVAL OF CERTAIN

15 COURSES.— 

16 (1) IN GENERAL.—Section 3672(b) is amend17 ed— 

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

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

20 paragraph: 

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

22 3680A, 3684, and 3696 of this title, the following pro23 grams are deemed to be approved for purposes of this 

24 chapter: 

25 ‘‘(i) An accredited standard college degree pro26 gram offered at a public or not-for-profit proprietary 
53 

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1 educational institution that is accredited by an agen2 cy or association recognized for that purpose by the 

3 Secretary of Education. 

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

5 Federal Aviation Administration that is offered by a 

6 certified pilot school that possesses a valid Federal 

7 Aviation Administration pilot school certificate. 

8 ‘‘(iii) An apprenticeship program registered 

9 with the Office of Apprenticeship (OA) of the Em10 ployment Training Administration of the Depart11 ment of Labor or a State apprenticeship agency rec12 ognized by the Office of Apprenticeship pursuant to 

13 the Act of August 16, 1937 (popularly known as the 

14 ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.). 

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

16 diploma offered by a secondary school approved in 

17 the State in which it is operating. 

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

19 local government is deemed to be approved for purposes 

20 of this chapter.’’. 

21 (2) CONFORMING AMENDMENTS.— 

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

23 amended to read as follows: 

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

25 the Federal Aviation Administration and are offered 
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1 by a certified pilot school that possesses a valid Fed2 eral Aviation Administration pilot school certifi3 cate.’’. 

4 (B) Section 3671(b)(2) is amended by 

5 striking ‘‘In the case’’ and inserting ‘‘Except as 

6 otherwise provided in this chapter, in the case’’. 

7 (C) Section 3689(a)(1) is amended by in8 serting after ‘‘unless’’ the following: ‘‘the test is 

9 deemed approved by section 3672(b)(2)(B) of 

10 this title or’’. 

11 (b) USE OF STATE APPROVING AGENCIES FOR COM12 PLIANCE AND OVERSIGHT ACTIVITIES.—Section 3673 is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(d) USE OF STATE APPROVING AGENCIES FOR

16 COMPLIANCE AND OVERSIGHT ACTIVITIES.—The Sec17 retary may utilize the services of a State approving agency 

18 for such compliance and oversight purposes as the Sec19 retary considers appropriate without regard to whether 

20 the Secretary or the agency approved the courses offered 

21 in the State concerned.’’. 

22 (c) APPROVAL OF ACCREDITED COURSES.— 

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

24 3675 is amended by striking ‘‘A State approving 

25 agency may approve the courses offered by an edu-
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1 cational institution’’ and inserting ‘‘The Secretary or 

2 a State approving agency may approve accredited 

3 programs (including non-degree accredited pro4 grams) offered by proprietary for-profit educational 

5 institutions’’. 

6 (2) CONDITION OF APPROVAL.—Subsection (b) 

7 of such section is amended— 

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

9 by inserting ‘‘the Secretary or’’ after ‘‘this sec10 tion,’’; and 

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

12 or’’ after ‘‘as prescribed by’’. 

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

14 amended by inserting ‘‘the Secretary or’’ after ‘‘dis15 approved by’’ both places it appears. 

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

17 this section shall take effect on August 1, 2011. 

18 SEC. 204. REPORTING FEES. 

19 (a) INCREASE IN AMOUNT OF FEES.—Section 

20 3684(c) is amended— 

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

22 ‘‘multiplying $12’’; and 

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

24 $15’’. 
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1 (b) USE OF FEES PAID.—Such section is further 

2 amended by inserting after the fourth sentence the fol3 lowing new sentence: ‘‘Any reporting fee paid an edu4 cational institution or joint apprenticeship training com5 mittee after the date of the enactment of the Post-9/11 

6 Veterans Educational Assistance Improvements Act of 

7 2011 shall be utilized by such institution or committee 

8 solely for the making of certifications required under this 

9 chapter or chapter 31, 34, or 35 of this title or for other10 wise supporting programs for veterans.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2011. 

13 SEC. 205. ELECTION FOR RECEIPT OF ALTERNATE SUBSIST14 ENCE ALLOWANCE FOR CERTAIN VETERANS 

15 WITH SERVICE-CONNECTED DISABILITIES 

16 UNDERGOING TRAINING AND REHABILITA17 TION. 

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

19 amended by adding at the end the following new para20 graph: 

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

22 under this chapter and educational assistance under chap23 ter 33 of this title may elect to receive payment from the 

24 Secretary in lieu of an amount otherwise determined by 

25 the Secretary under this subsection in an amount equal 
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1 to the applicable monthly amount of basic allowance for 

2 housing payable under section 403 of title 37 for a mem3 ber with dependents in pay grade E–5 residing in the mili4 tary housing area that encompasses all or the majority 

5 portion of the ZIP code area in which is located the insti6 tution providing rehabilitation program concerned.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 this section shall take effect on August 1, 2011. 

9 SEC. 206. MODIFICATION OF AUTHORITY TO MAKE CER10 TAIN INTERVAL PAYMENTS. 

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

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

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

14 subsection during periods when schools are temporarily 

15 closed under an established policy based on an Executive 

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

17 However, the total number of weeks for which allowances 

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

19 may not exceed 4 weeks.’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall take effect on August 1, 2011. 

Passed the Senate December 13, 2010. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION S. 3447 

AN ACT 

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