I 
111TH CONGRESS 
2D SESSION 
H. R. 5933 
To amend title 38, United States Code, to improve educational assistance 
for veterans who served in the Armed Forces after September 11, 2001, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2010 
Mr. MINNICK (for himself, Mr. FILNER, Ms. MARKEY of Colorado, Mr. 
PERRIELLO, Mr. CHILDERS, Mr. MURPHY of New York, Mr. LOEBSACK, 
Ms. NORTON, Mr. KISSELL, Mr. CARNEY, Ms. GINNY BROWN-WAITE of 
Florida, Mr. BARTLETT, Mr. COURTNEY, Mr. HALL of New York, Mr. 
COSTA, Mr. LATHAM, Mr. WILSON of Ohio, Mr. KRATOVIL, and Mr. 
ELLSWORTH) introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to improve edu-
cational assistance for veterans who served in the Armed 
Forces after September 11, 2001, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Post-9/11 Veterans 
Educational Assistance Improvements Act of 2010’’. 
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SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL 
ASSISTANCE. 
(a) MODIFICATION OF DEFINITIONS THAT CONCERN 
ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.— 
(1) MODIFICATION OF DEFINITION OF ACTIVE 
DUTY
WITH
RESPECT
TO
MEMBERS
OF
RESERVE 
COMPONENTS
GENERALLY.—Paragraph (1)(B) of 
section 3301 of title 38, United States Code, is 
amended by striking ‘‘of title 10.’’ and inserting the 
following: ‘‘of title 10— 
‘‘(i) for the purpose of organizing, ad-
ministering, 
recruiting, 
instructing, 
or 
training the reserve components of the 
Armed Forces; or 
‘‘(ii) in support of a contingency oper-
ation (as defined in section 101(a) of title 
10).’’. 
(2) EXPANSION
OF
DEFINITION
OF
ACTIVE 
DUTY TO INCLUDE SERVICE IN NATIONAL GUARD 
FOR CERTAIN PURPOSES.—Paragraph (1) of such 
section is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(C) In the case of a member of the Army 
National Guard of the United States or Air Na-
tional Guard of the United States, in addition 
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to service described in subparagraph (B), full- 
time service— 
‘‘(i) in the National Guard of a State 
for the purpose of organizing, admin-
istering, recruiting, instructing, or training 
the National Guard; or 
‘‘(ii) in the National Guard under sec-
tion 502(f) of title 32 when authorized by 
the President or Secretary of Defense.’’. 
(3) EXPANSION
OF
DEFINITION
OF
ENTRY 
LEVEL AND SKILL TRAINING TO INCLUDE ONE STA-
TION
UNIT
TRAINING.—Paragraph (2)(A) of such 
section is amended by inserting ‘‘or One Station 
Unit Training’’ before the period at the end. 
(b) CLARIFICATION OF APPLICABILITY OF HONOR-
ABLE SERVICE REQUIREMENT FOR CERTAIN DISCHARGES 
AND RELEASES FROM THE ARMED FORCES AS BASIS FOR 
ENTITLEMENT TO EDUCATIONAL ASSISTANCE.—Section 
3311(c)(4) of such title is amended in the matter pre-
ceding subparagraph (A) by striking ‘‘A discharge or re-
lease from active duty in the Armed Forces’’ and inserting 
‘‘A discharge or release from active duty in the Armed 
Forces after service on active duty in the Armed Forces 
characterized by the Secretary concerned as honorable 
service’’. 
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(c) EXCLUSION OF PERIOD OF SERVICE ON ACTIVE 
DUTY OF PERIODS OF SERVICE IN CONNECTION WITH 
ATTENDANCE AT THE COAST GUARD ACADEMY.—Section 
3311(d)(2) of such title is amended by inserting ‘‘or sec-
tion 182 of title 14’’ before the period at the end. 
SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND 
TYPES OF APPROVED PROGRAMS OF EDU-
CATION. 
(a) AMOUNT
OF EDUCATIONAL ASSISTANCE
FOR 
PROGRAMS OF EDUCATION PURSUED ON AT LEAST A 
HALF-TIME BASIS.—Section 3313 of title 38, United 
States Code, is amended— 
(1) in subsection (c)— 
(A) by striking the subsection heading and 
inserting the following: ‘‘PROGRAMS OF EDU-
CATION AT INSTITUTIONS OF HIGHER LEARN-
ING PURSUED
ON
AT LEAST
A HALF-TIME 
BASIS.—’’; 
(B) in the matter preceding paragraph (1) 
by inserting ‘‘at an institution of higher learn-
ing (as defined in section 3452(f) of this title)’’ 
after ‘‘program of education’’; and 
(C) in paragraph (1), by amending sub-
paragraph (A) to read as follows: 
‘‘(A) An amount equal to— 
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‘‘(i) in the case that such institution 
is a public institution of higher learning, 
the established charges for the program of 
education; and 
‘‘(ii) in the case that such institution 
is a non-public or foreign institution of 
higher learning, the lesser of— 
‘‘(I) the established charges for 
the program of education; or 
‘‘(II) $20,000 for each academic 
year.’’; and 
(2) by redesignating subsection (h) as sub-
section (i); and 
(3) by adding at the end the following new sub-
section: 
‘‘(h) ANNUAL INCREASE IN CERTAIN AMOUNTS.— 
‘‘(1) IN GENERAL.—On August 1 of each year, 
the Secretary shall provide an increase in the 
amount in effect under subsection (c)(1)(A)(ii)(II) 
equal to the percentage by which— 
‘‘(A) the average cost of undergraduate 
tuition in the United States, as determined by 
the National Center for Education Statistics, 
for the last academic year preceding the begin-
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ning of the fiscal year for which the increase is 
made, exceeds 
‘‘(B) the average cost of undergraduate 
tuition in the United States, as so determined, 
for the academic year preceding the academic 
year described in subparagraph (A). 
‘‘(2) 
APPLICABILITY.—Any 
increase 
under 
paragraph (1) shall only apply to academic terms be-
ginning on or after the date on which the increase 
is made and shall be rounded to the nearest whole 
dollar amount.’’. 
(b) AMOUNT
OF EDUCATIONAL ASSISTANCE
FOR 
PROGRAMS OF EDUCATION PURSUED ON LESS THAN A 
HALF-TIME BASIS.—Subsection (f) of section 3313 of 
title 38, United States Code, is amended— 
(1) by striking the subsection heading and in-
serting the following: ‘‘PROGRAMS OF EDUCATION 
AT INSTITUTIONS OF HIGHER LEARNING PURSUED 
ON LESS THAN A HALF-TIME BASIS.—’’; 
(2) in paragraph (1), by striking ‘‘on half-time 
basis or less’’ and inserting ‘‘on less than a half-time 
basis’’; 
(3) in paragraph (2), by striking ‘‘on half-time 
basis or less’’ and inserting ‘‘on less than a half-time 
basis’’; and 
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(4) in paragraph (3), by striking ‘‘on half-time 
basis or less’’ and inserting ‘‘on less than a half-time 
basis’’. 
(c) MODIFICATION OF AMOUNT OF MONTHLY STI-
PENDS, INCLUDING STIPENDS FOR PART-TIME STUDY, 
DISTANCE LEARNING, AND PURSUIT OF PROGRAMS OF 
EDUCATION
AT FOREIGN INSTITUTIONS
OF HIGHER 
LEARNING.—Subparagraph (B) of section 3313(c)(1) of 
such title is amended— 
(1) by redesignating clause (ii) as clause (iv); 
and 
(2) by striking clause (i) and inserting the fol-
lowing new clauses: 
‘‘(i) Except as provided in clauses (ii) 
and (iii), for each month the individual 
pursues the program of education, a 
monthly housing stipend amount equal to 
the product of— 
‘‘(I) the monthly amount of the 
basic allowance for housing payable 
under section 403 of title 37 for a 
member with dependents in pay grade 
E–5 residing in the military housing 
area that encompasses all or the ma-
jority portion of the ZIP code area in 
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which is located the institution of 
higher learning at which the indi-
vidual is enrolled, multiplied by 
‘‘(II) in the case of an individual 
enrolled in a program of education— 
‘‘(aa) on a full-time basis, 
100 percent; 
‘‘(bb) on a three-quarter- 
time basis, 75 percent; or 
‘‘(cc) on a half-time basis, 
50 percent. 
‘‘(ii) In the case of an individual pur-
suing a program of education at a foreign 
institution of higher learning, for each 
month the individual pursues the program 
of education, a monthly housing stipend 
amount equal to the product of— 
‘‘(I) the national average of the 
monthly amount of the basic allow-
ance for housing payable under sec-
tion 403 of title 37 for a member with 
dependents in pay grade E–5, multi-
plied by 
‘‘(II) in the case of an individual 
enrolled in a program of education— 
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‘‘(aa) on a full-time basis, 
100 percent; 
‘‘(bb) on a three-quarter- 
time basis, 75 percent; or 
‘‘(cc) on a half-time basis, 
50 percent. 
‘‘(iii) In the case of an individual pur-
suing a program of education through dis-
tance learning on a half-time basis or 
more, a monthly housing stipend amount 
in an amount equal to the monthly amount 
of the basic allowance for housing payable 
under section 403 of title 37 for a member 
with dependents in pay grade E-5 residing 
in the military housing area that encom-
passes all or the majority portion of the 
ZIP code area in which the individual re-
sides.’’. 
(d) EDUCATIONAL ASSISTANCE FOR APPROVED PRO-
GRAMS OF EDUCATION AT INSTITUTIONS OTHER THAN 
INSTITUTIONS OF HIGHER LEARNING.— 
(1) APPROVED PROGRAMS OF EDUCATION AT 
INSTITUTIONS OTHER THAN INSTITUTIONS OF HIGH-
ER LEARNING.—Subsection (b) of section 3313 of 
such title is amended to read as follows: 
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‘‘(b) APPROVED PROGRAMS
OF EDUCATION.—For 
purposes of this chapter, a program of education is an 
approved program of education for purposes of this chap-
ter if the program of education is approved for purposes 
of chapter 30 of this title (including approval by the State 
approving agency concerned) and— 
‘‘(1) is offered by an institution offering post-
secondary level academic instruction that leads to an 
associate or higher degree and such institution is an 
institution of higher learning (as that term is de-
fined in section 3452(f) of this title); or 
‘‘(2) is offered by an institution offering in-
struction that does not lead to an associate or higher 
degree and such institution is an educational institu-
tion (as that term is defined in section 3452(c) of 
this title).’’. 
(2) ASSISTANCE FOR PURSUIT OF PROGRAMS 
OF EDUCATION AT INSTITUTIONS OTHER THAN IN-
STITUTIONS OF HIGHER LEARNING.—Such section is 
further amended— 
(A) by redesignating subsections (g), (h) 
(as added by subsection (c)), and (i) (as redes-
ignated by as subsection(c)) as subsections (h), 
(i), and (j) respectively; and 
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(B) by inserting after subsection (f) the 
following new subsection (g): 
‘‘(g) PROGRAMS OF EDUCATION PURSUED AT INSTI-
TUTIONS
OTHER
THAN
INSTITUTIONS
OF
HIGHER 
LEARNING.— 
‘‘(1) IN GENERAL.—Educational assistance is 
payable under this chapter for pursuit of an ap-
proved program of education at an institution other 
than an institution of higher learning. 
‘‘(2) AMOUNT OF ASSISTANCE.—The amounts 
of educational assistance payable under this chapter 
to each individual entitled to educational assistance 
under this chapter who is pursuing an approved pro-
gram of education at an institution other than an in-
stitution of higher learning (as defined in section 
3452(f) of this title) are amounts as follows: 
‘‘(A) In the case of an individual enrolled 
in a program of education consisting of on-job 
training or a program of apprenticeship, a sti-
pend for each month the individual pursues the 
program, as follows: 
‘‘(i) For the first six-month period of 
the program, an amount equal to the 
monthly amount of the basic allowance for 
housing payable under section 403 of title 
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37 for a member with dependents in pay 
grade E–5 residing in the military housing 
area that encompasses all or the majority 
portion of the ZIP code area in which the 
employer is located. 
‘‘(ii) For the second six-month period 
of the program, an amount equal to 80 
percent of such amount. 
‘‘(iii) For the third six-month period 
of the program, an amount equal to 60 
percent of such amount. 
‘‘(iv) For any month after the first 18 
months of such program, an amount equal 
to 40 percent of such amount. 
‘‘(B) In the case of an individual enrolled 
in a program of education consisting of flight 
training, an amount equal to the lesser of— 
‘‘(i) the established charges for the 
program of education; or 
‘‘(ii) 60 percent of the amount in ef-
fect under section 3313(c)(1)(A)(ii)(II) of 
this title. 
‘‘(C) In the case of an individual enrolled 
in a program of education that is pursued ex-
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clusively by correspondence, an amount equal to 
the lesser of— 
‘‘(i) the established charges for the 
program of education; or 
‘‘(ii) 55 percent of the amount in ef-
fect under section 3313(c)(1)(A)(ii)(II) of 
this title. 
‘‘(3) CHARGE
AGAINST
ENTITLEMENT.—The 
entitlement of an individual to educational assistance 
under this chapter shall be charged at the rate of 
one month for each month of assistance provided 
under this subsection.’’. 
(3) CONFORMING AMENDMENT.—Subsection (i) 
of such section 3313, as redesignated by paragraph 
(2) of this subsection, is amended by striking 
‘‘(e)(2), and (f)(2)(A)’’ and inserting ‘‘subsections 
(e)(2) and (f)(2)(A), and subparagraphs (A)(i), (B), 
and (C), of subsection (g)(2)’’. 
(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE 
DUTY.— 
(1) IN
GENERAL.—Subsection (e)(2) of such 
section is amended— 
(A) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; 
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(B) in the matter preceding clause (i), as 
redesignated by subparagraph (A)— 
(i) by striking ‘‘The amount’’ and in-
serting ‘‘The amounts’’; and 
(ii) by striking ‘‘is the lesser of—’’ 
and inserting ‘‘are the amounts as follows: 
‘‘(A) An amount equal to the lesser of—’’; 
and 
(C) by adding at the end the following new 
subparagraph (B): 
‘‘(B) For the first month of each quarter, 
semester, or term, as applicable, of the program 
of education pursued by the individual, a lump 
sum amount for books, supplies, equipment, 
and other educational costs with respect to such 
quarter, semester, or term in the amount equal 
to— 
‘‘(i) $1,000, multiplied by 
‘‘(ii) the fraction which is the portion 
of a complete academic year under the pro-
gram of education that such quarter, se-
mester, or term constitutes.’’. 
(2) TECHNICAL
AMENDMENT.—Clause (ii) of 
subsection (e)(2)(A) of such section, as redesignated 
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