Post-9/11 Veterans Educational Assistance Improvements Act of 2010
PL 111-377 (S.3447), enacted 01/04/2011

124 STAT. 4106 
PUBLIC LAW 111–377—JAN. 4, 2011 
Public Law 111–377 
111th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Post-9/11 
Veterans Educational Assistance Improvements Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 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 pur-
sued at public, non-public, and foreign institutions of higher learning. 
Sec. 103. Amounts of assistance for programs of education leading to a degree pur-
sued 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. 
Sec. 109. Continuation of entitlement to additional educational assistance for crit-
ical 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 rehabilita-
tion. 
Sec. 206. Modification of authority to make certain interval payments. 
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
38 USC 101 note. 
Post-9/11 
Veterans 
Educational 
Assistance 
Improvements 
Act of 2010. 
Jan. 4, 2011 
[S. 3447] 
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124 STAT. 4107 
PUBLIC LAW 111–377—JAN. 4, 2011 
be considered to be made to a section or other provision of title 
38, United States Code. 
SEC. 3. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the Chairman of the Senate Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
TITLE I—POST-9/11 VETERANS 
EDUCATIONAL ASSISTANCE 
SEC. 101. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL ASSIST-
ANCE. 
(a) MODIFICATION OF DEFINITIONS ON ELIGIBILITY FOR EDU-
CATIONAL ASSISTANCE.— 
(1) EXPANSION OF DEFINITION OF ACTIVE DUTY TO INCLUDE 
SERVICE IN NATIONAL GUARD FOR CERTAIN PURPOSES.—Para-
graph (1) of section 3301 is amended by adding at the end 
the following new subparagraph: 
‘‘(C) In the case of a member of the Army National 
Guard of the United States or Air National Guard of the 
United States, in addition to service described in subpara-
graph (B), full-time service— 
‘‘(i) in the National Guard of a State for the pur-
pose 
of 
organizing, 
administering, 
recruiting, 
instructing, or training the National Guard; or 
‘‘(ii) in the National Guard under section 502(f) 
of title 32 when authorized by the President or the 
Secretary of Defense for the purpose of responding 
to a national emergency declared by the President 
and supported by Federal funds.’’. 
(2) EXPANSION OF DEFINITION OF ARMY ENTRY LEVEL AND 
SKILL
TRAINING
TO
INCLUDE
ONE
STATION
UNIT
TRAINING.— 
Paragraph (2)(A) of such section is amended by inserting ‘‘or 
One Station Unit Training’’ before the period at the end. 
(3) CLARIFICATION
OF
DEFINITION
OF
ENTRY
LEVEL
AND 
SKILL TRAINING FOR THE COAST GUARD.—Paragraph (2)(E) of 
such section is amended by inserting ‘‘and Skill Training (or 
so-called ‘A’ School)’’ before the period at the end. 
(b) CLARIFICATION OF APPLICABILITY OF HONORABLE SERVICE 
REQUIREMENT FOR CERTAIN DISCHARGES AND RELEASES FROM THE 
ARMED FORCES AS BASIS FOR ENTITLEMENT TO EDUCATIONAL ASSIST-
ANCE.—Section 3311(c)(4) is amended in the matter preceding 
subparagraph (A) by striking ‘‘A discharge or release 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’’. 
(c) EXCLUSION FROM PERIOD OF SERVICE ON ACTIVE DUTY OF 
PERIODS OF SERVICE IN CONNECTION WITH ATTENDANCE AT COAST 
GUARD ACADEMY.—Section 3311(d)(2) is amended by inserting ‘‘or 
section 182 of title 14’’ before the period at the end. 
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124 STAT. 4108 
PUBLIC LAW 111–377—JAN. 4, 2011 
(d) EFFECTIVE DATES.— 
(1) SERVICE
IN
NATIONAL
GUARD
AS
ACTIVE
DUTY.—The 
amendment made by subsection (a)(1) shall take effect on 
August 1, 2009, as if included in the enactment of chapter 
33 of title 38, United States Code, pursuant to the Post-9/ 
11 Veterans Educational Assistance Act of 2008 (title V of 
Public Law 110–252). However, no benefits otherwise payable 
by reason of such amendment for the period beginning on 
August 1, 2009, and ending on September 30, 2011, may be 
paid before October 1, 2011. 
(2) ONE STATION UNIT TRAINING.—The amendment made 
by subsection (a)(2) shall take effect on the date of the enact-
ment of this Act. 
(3) ENTRY
LEVEL
AND
SKILL
TRAINING
FOR
THE
COAST 
GUARD.—The amendment made by subsection (a)(3) shall take 
effect on the date of the enactment of this Act, and shall 
apply with respect to individuals entering service on or after 
that date. 
(4) HONORABLE SERVICE REQUIREMENT.—The amendment 
made by subsection (b) shall take effect on the date of the 
enactment of this Act, and shall apply with respect to dis-
charges and releases from the Armed Forces that occur on 
or after that date. 
(5) SERVICE IN CONNECTION WITH ATTENDANCE AT COAST 
GUARD ACADEMY.—The amendment made by subsection (c) shall 
take effect on the date of the enactment of this Act, and 
shall apply with respect to individuals entering into agreements 
on service in the Coast Guard on or after that date. 
SEC. 102. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION 
LEADING TO A DEGREE PURSUED AT PUBLIC, NON-PUBLIC, 
AND FOREIGN INSTITUTIONS OF HIGHER LEARNING. 
(a) AMOUNTS OF EDUCATIONAL ASSISTANCE.— 
(1) IN GENERAL.—Section 3313(c) is amended— 
(A) in the matter preceding paragraph (1), by inserting 
‘‘leading to a degree at an institution of higher learning 
(as that term is defined in section 3452(f))’’ after ‘‘program 
of education’’; and 
(B) in paragraph (1), by striking subparagraph (A) 
and inserting the following new subparagraph (A): 
‘‘(A) An amount equal to the following: 
‘‘(i) In the case of a program of education pursued 
at a public institution of higher learning, the actual 
net cost for in-State tuition and fees assessed by the 
institution for the program of education after the 
application of— 
‘‘(I) any waiver of, or reduction in, tuition and 
fees; and 
‘‘(II) any scholarship, or other Federal, State, 
institutional, or employer-based aid or assistance 
(other than loans and any funds provided under 
section 401(b) of the Higher Education Act of 1965 
(20 U.S.C. 1070a)) that is provided directly to the 
institution and specifically designated for the sole 
purpose of defraying tuition and fees. 
38 USC 3311 
note. 
38 USC 3311 
note. 
38 USC 3301 
note. 
38 USC 3301 
note. 
Time period. 
38 USC 3301 
note. 
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124 STAT. 4109 
PUBLIC LAW 111–377—JAN. 4, 2011 
‘‘(ii) In the case of a program of education pursued 
at a non-public or foreign institution of higher learning, 
the lesser of— 
‘‘(I) the actual net cost for tuition and fees 
assessed by the institution for the program of edu-
cation after the application of— 
‘‘(aa) any waiver of, or reduction in, tuition 
and fees; and 
‘‘(bb) any scholarship, or other Federal, 
State, institutional, or employer-based aid or 
assistance (other than loans and any funds 
provided under section 401(b) of the Higher 
Education Act of 1965) that is provided 
directly to the institution and specifically des-
ignated for the sole purpose of defraying tui-
tion and fees; or 
‘‘(II) the amount equal to— 
‘‘(aa) for the academic year beginning on 
August 1, 2011, $17,500; or 
‘‘(bb) for an academic year beginning on 
any subsequent August 1, the amount for the 
previous academic year beginning on August 
1 under this subclause, as increased by the 
percentage increase equal to the most recent 
percentage increase determined under section 
3015(h).’’. 
(2) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: ‘‘PROGRAMS
OF EDUCATION 
LEADING TO A DEGREE PURSUED AT INSTITUTIONS OF HIGHER 
LEARNING ON MORE THAN HALF-TIME BASIS.—’’. 
(b) AMOUNTS OF MONTHLY STIPENDS.—Section 3313(c)(1)(B) is 
amended— 
(1) by redesignating clause (ii) as clause (iv); and 
(2) by striking clause (i) and inserting the following new 
clauses: 
‘‘(i) Except as provided in clauses (ii) and (iii), 
for each month an individual pursues a program of 
education on more than a half-time basis, a monthly 
housing stipend 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 encom-
passes all or the majority portion of the ZIP code 
area in which is located the institution of higher 
learning at which the individual is enrolled, multi-
plied by 
‘‘(II) the lesser of— 
‘‘(aa) 1.0; or 
‘‘(bb) the number of course hours borne 
by the individual in pursuit of the program 
of education, divided by the minimum number 
of course hours required for full-time pursuit 
of the program of education, rounded to the 
nearest multiple of 10. 
‘‘(ii) In the case of an individual pursuing a pro-
gram of education at a foreign institution of higher 
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124 STAT. 4110 
PUBLIC LAW 111–377—JAN. 4, 2011 
learning on more than a half-time basis, for each month 
the individual pursues the program of education, a 
monthly housing stipend equal to the product of— 
‘‘(I) the national average of 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, multiplied by 
‘‘(II) the lesser of— 
‘‘(aa) 1.0; or 
‘‘(bb) the number of course hours borne 
by the individual in pursuit of the program 
of education, divided by the minimum number 
of course hours required for full-time pursuit 
of the program of education, rounded to the 
nearest multiple of 10. 
‘‘(iii) In the case of an individual pursuing a pro-
gram of education solely through distance learning on 
more than a half-time basis, a monthly housing stipend 
equal to 50 percent of the amount payable under clause 
(ii) if the individual were otherwise entitled to a 
monthly housing stipend under that clause for pursuit 
of the program of education.’’. 
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
amendments made by this section shall take effect on August 
1, 2011, and shall apply with respect to amounts payable for 
educational assistance for pursuit of programs of education 
on or after that date. 
(2) STIPEND FOR DISTANCE LEARNING ON MORE THAN HALF- 
TIME BASIS.—Clause (iii) of section 3313(c)(1)(B) of title 38, 
United States Code (as added by subsection (b)(2) of this sec-
tion), shall take effect on October 1, 2011, and shall apply 
with respect to amounts payable for educational assistance 
for pursuit of programs of education as covered by such clause 
on or after that date. 
SEC. 103. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION 
LEADING TO A DEGREE PURSUED ON ACTIVE DUTY. 
(a) IN GENERAL.—Section 3313(e) is amended— 
(1) in paragraphs (1), by inserting ‘‘leading to a degree’’ 
after ‘‘approved program of education’’; 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph (A), by 
inserting ‘‘leading to a degree’’ after ‘‘program of education’’; 
(B) by redesignating subparagraphs (A) and (B) as 
clauses (i) and (iii), respectively; 
(C) in the matter preceding clause (i), as redesignated 
by subparagraph (B) of this paragraph— 
(i) by striking ‘‘The amount’’ and inserting ‘‘The 
amounts’’; and 
(ii) by striking ‘‘is the lesser of—’’ and inserting 
‘‘are as follows: 
‘‘(A) Subject to subparagraph (C), an amount equal 
to the lesser of—’’; 
(D) by striking clause (i), as so redesignated, and 
inserting the following new clauses: 
Applicability. 
38 USC 3313 
note. 
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124 STAT. 4111 
PUBLIC LAW 111–377—JAN. 4, 2011 
‘‘(i) in the case of a program of education pursued 
at a public institution of higher learning, the actual 
net cost for in-State tuition and fees assessed by the 
institution for the program of education after the 
application of— 
‘‘(I) any waiver of, or reduction in, tuition and 
fees; and 
‘‘(II) any scholarship, or other Federal, State, 
institutional, or employer-based aid or assistance 
(other than loans and any funds provided under 
section 401(b) of the Higher Education Act of 1965 
(20 U.S.C. 1070a)) that is provided directly to the 
institution and specifically designated for the sole 
purpose of defraying tuition and fees; 
‘‘(ii) in the case of a program of education pursued 
at a non-public or foreign institution of higher learning, 
the lesser of— 
‘‘(I) the actual net cost for tuition and fees 
assessed by the institution for the program of edu-
cation after the application of— 
‘‘(aa) any waiver of, or reduction in, tuition 
and fees; and 
‘‘(bb) any scholarship, or other Federal, 
State, institutional, or employer-based aid or 
assistance (other than loans and any funds 
provided under section 401(b) of the Higher 
Education Act of 1965) that is provided 
directly to the institution and specifically des-
ignated for the sole purpose of defraying tui-
tion and fees; or 
‘‘(II) the amount equal to— 
‘‘(aa) for the academic year beginning on 
August 1, 2011, $17,500; or 
‘‘(bb) for an academic year beginning on 
any subsequent August 1, the amount for the 
previous academic year beginning on August 
1 under this subclause, as increased by the 
percentage increase equal to the most recent 
percentage increase determined under section 
3015(h); or’’. 
(E) by adding at the end the following new subpara-
graphs (B) and (C): 
‘‘(B) Subject to subparagraph (C), 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 of a complete academic year under 
the program of education that such quarter, semester, 
or term constitutes. 
‘‘(C) In the case of an individual entitled to educational 
assistance by reason of paragraphs (3) through (8) of section 
3311(b), the amounts payable to the individual pursuant 
to subparagraphs (A)(i), (A)(ii), and (B) shall be the 
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124 STAT. 4112 
PUBLIC LAW 111–377—JAN. 4, 2011 
amounts otherwise determined pursuant to such subpara-
graphs multiplied by the same percentage applicable to 
the monthly amounts payable to the individual under para-
graphs (2) through (7) of subsection (c).’’. 
(b) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: ‘‘PROGRAMS OF EDUCATION LEADING 
TO A DEGREE PURSUED ON ACTIVE DUTY ON MORE THAN HALF- 
TIME BASIS.—’’. 
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
amendments made by this section shall take effect on the 
date that is 60 days after the date of the enactment of this 
Act, and shall apply with respect to amounts payable for edu-
cational assistance for pursuit of programs of education on 
or after such effective date. 
(2) LUMP SUM FOR BOOKS AND OTHER EDUCATIONAL COSTS.— 
Subparagraph (B) of section 3313(e)(2) of title 38, United States 
Code (as added by subsection (a)(2)(E) of this section), shall 
take effect on October 1, 2011, and shall apply with respect 
to amounts payable for educational assistance for pursuit of 
programs of education on or after that date. 
SEC. 104. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF EDUCATION 
PURSUED ON HALF-TIME BASIS OR LESS. 
(a) CLARIFICATION OF AVAILABILITY OF ASSISTANCE.—Section 
3313(f) is amended— 
(1) in paragraph (1), by inserting before the period at 
the end the following: ‘‘whether a program of education pursued 
on active duty, a program of education leading to a degree, 
or a program of education other than a program of education 
leading to a degree’’; and 
(2) in paragraph (2), by inserting ‘‘covered by this sub-
section’’ after ‘‘program of education’’ in the matter preceding 
subparagraph (A). 
(b) AMOUNT OF ASSISTANCE.—Clause (i) of paragraph (2)(A) 
of such section is amended to read as follows: 
‘‘(i) the actual net cost for in-State tuition and 
fees assessed by the institution of higher learning for 
the program of education after the application of— 
‘‘(I) any waiver of, or reduction in, tuition and 
fees; and 
‘‘(II) any scholarship, or other Federal, State, 
institutional, or employer-based aid or assistance 
(other than loans and any funds provided under 
section 401(b) of the Higher Education Act of 1965 
(20 U.S.C. 1070a)) that is provided directly to the 
institution and specifically designated for the sole 
purpose of defraying tuition and fees; or’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011, and shall apply with respect 
to amounts payable for educational assistance for pursuit of pro-
grams of education on or after that date. 
SEC. 105. EDUCATIONAL ASSISTANCE FOR PROGRAMS OF EDUCATION 
OTHER THAN PROGRAMS OF EDUCATION LEADING TO A 
DEGREE. 
(a) APPROVED PROGRAMS OF EDUCATION AT INSTITUTIONS OTHER 
THAN INSTITUTIONS OF HIGHER LEARNING.—Subsection (b) of section 
Applicability. 
38 USC 3313 
note. 
Applicability. 
38 USC 3313 
note. 
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124 STAT. 4113 
PUBLIC LAW 111–377—JAN. 4, 2011 
3313 is amended by striking ‘‘is offered by an institution of higher 
learning (as that term is defined in section 3452(f)) and’’. 
(b) ASSISTANCE
FOR PURSUIT
OF PROGRAMS
OF EDUCATION 
OTHER THAN PROGRAMS OF EDUCATION LEADING TO A DEGREE.— 
Such section is further amended— 
(1) by striking subsection (h); 
(2) by redesignating subsection (g) as subsection (h); and 
(3) by inserting after subsection (f) the following new sub-
section (g): 
‘‘(g) PROGRAMS OF EDUCATION OTHER THAN PROGRAMS OF EDU-
CATION LEADING TO A DEGREE.— 
‘‘(1) IN GENERAL.—Educational assistance is payable under 
this chapter for pursuit of an approved program of education 
other than a program of education leading to a degree at 
an institution other than an institution of higher learning (as 
that term is defined in section 3452(f)). 
‘‘(2) PURSUIT ON HALF-TIME BASIS OR LESS.—The payment 
of educational assistance under this chapter for pursuit of a 
program of education otherwise described in paragraph (1) on 
a half-time basis or less is governed by subsection (f). 
‘‘(3) AMOUNT OF ASSISTANCE.—The amounts of educational 
assistance payable under this chapter to an individual entitled 
to educational assistance under this chapter who is pursuing 
an approved program of education covered by this subsection 
are as follows: 
‘‘(A) In the case of an individual enrolled in a program 
of education (other than a program described in subpara-
graphs (B) through (D)) in pursuit of a certificate or other 
non-college degree, the following: 
‘‘(i) Subject to clause (iv), an amount equal to 
the lesser of— 
‘‘(I) the actual net cost for in-State tuition 
and fees assessed by the institution concerned for 
the program of education after the application of— 
‘‘(aa) any waiver of, or reduction in, tuition 
and fees; and 
‘‘(bb) any scholarship, or other Federal, 
State, institutional, or employer-based aid or 
assistance (other than loans and any funds 
provided under section 401(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1070a)) that 
is provided directly to the institution and 
specifically designated for the sole purpose of 
defraying tuition and fees; or 
‘‘(II) the amount equal to— 
‘‘(aa) for the academic year beginning on 
August 1, 2011, $17,500; or 
‘‘(bb) for an academic year beginning on 
any subsequent August 1, the amount for the 
previous academic year beginning on August 
1 under this subclause, as increased by the 
percentage increase equal to the most recent 
percentage increase determined under section 
3015(h). 
‘‘(ii) Except in the case of an individual pursuing 
a program of education on a half-time or less basis 
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124 STAT. 4114 
PUBLIC LAW 111–377—JAN. 4, 2011 
and subject to clause (iv), a monthly housing stipend 
equal to the product— 
‘‘(I) of— 
‘‘(aa) in the case of an individual pursuing 
resident training, the monthly amount of the 
basic allowance for housing payable under sec-
tion 403 of title 37 for a member with depend-
ents 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 
is located the institution at which the indi-
vidual is enrolled; or 
‘‘(bb) in the case of an individual pursuing 
a program of education through distance 
learning, a monthly amount equal to 50 per-
cent of the amount payable under item (aa), 
multiplied by 
‘‘(II) the lesser of— 
‘‘(aa) 1.0; or 
‘‘(bb) the number of course hours borne 
by the individual in pursuit of the program 
of education involved, divided by the minimum 
number of course hours required for full-time 
pursuit of such program of education, rounded 
to the nearest multiple of 10. 
‘‘(iii) Subject to clause (iv), a monthly stipend in 
an amount equal to $83 for each month (or pro rata 
amount for a partial month) of training pursued for 
books supplies, equipment, and other educational costs. 
‘‘(iv) In the case of an individual entitled to edu-
cational assistance by reason of paragraphs (3) through 
(8) of section 3311(b), the amounts payable pursuant 
to clauses (i), (ii), and (iii) shall be the amounts other-
wise determined pursuant to such clauses multiplied 
by the same percentage applicable to the monthly 
amounts payable to the individual under paragraphs 
(2) through (7) of subsection (c). 
‘‘(B) In the case of an individual pursuing a full-time 
program of apprenticeship or other on-job training, 
amounts as follows: 
‘‘(i) Subject to clauses (iii) and (iv), for each month 
the individual pursues the program of education, a 
monthly housing stipend equal to— 
‘‘(I) during the first six-month period of the 
program, the monthly amount of the basic allow-
ance 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 majority portion of the 
ZIP code area in which is located the employer 
at which the individual pursues such program; 
‘‘(II) during the second six-month period of 
the program, 80 percent of the monthly amount 
of the basic allowance for housing payable as 
described in subclause (I); 
‘‘(III) during the third six-month period of the 
program, 60 percent of the monthly amount of 
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124 STAT. 4115 
PUBLIC LAW 111–377—JAN. 4, 2011 
the basic allowance for housing payable as 
described in subclause (I); 
‘‘(IV) during the fourth six-month period of 
such program, 40 percent of the monthly amount 
of the basic allowance for housing payable as 
described in subclause (I); and 
‘‘(V) during any month after the first 24 
months of such program, 20 percent of the monthly 
amount of the basic allowance for housing payable 
as described in subclause (I). 
‘‘(ii) Subject to clauses (iii) and (iv), a monthly 
stipend in an amount equal to $83 for each month 
(or pro rata amount for each partial month) of training 
pursued for books supplies, equipment, and other edu-
cational costs. 
‘‘(iii) In the case of an individual entitled to edu-
cational assistance by reason of paragraphs (3) through 
(8) of sections 3311(b), the amounts payable pursuant 
to clauses (i) and (ii) shall be the amounts otherwise 
determined pursuant to such clauses multiplied by the 
same percentage applicable to the monthly amounts 
payable to the individual under paragraphs (2) through 
(7) of subsection (c). 
‘‘(iv) In any month in which an individual pursuing 
a program of education consisting of a program of 
apprenticeship or other on-job training fails to complete 
120 hours of training, the amount of monthly edu-
cational assistance allowance payable under clauses 
(i) and (iii) to the individual shall be limited to the 
same proportion of the applicable rate determined 
under this subparagraph as the number of hours 
worked during such month, rounded to the nearest 
eight hours, bears to 120 hours. 
‘‘(C) In the case of an individual enrolled in a program 
of education consisting of flight training (regardless of the 
institution providing such program of education), an 
amount equal to— 
‘‘(i) the lesser of— 
‘‘(I) the actual net cost for in-State tuition 
and fees assessed by the institution concerned for 
the program of education after the application of— 
‘‘(aa) any waiver of, or reduction in, tuition 
and fees; and 
‘‘(bb) any scholarship, or other Federal, 
State, institutional, or employer-based aid or 
assistance (other than loans and any funds 
provided under section 401(b) of the Higher 
Education Act of 1965) that is provided 
directly to the institution and specifically des-
ignated for the sole purpose of defraying tui-
tion and fees; or 
‘‘(II) the amount equal to— 
‘‘(aa) for the academic year beginning on 
August 1, 2011, $10,000; or 
‘‘(bb) for an academic year beginning on 
any subsequent August 1, the amount for the 
previous academic year beginning on August 
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124 STAT. 4116 
PUBLIC LAW 111–377—JAN. 4, 2011 
1 under this subclause, as increased by the 
percentage increase equal to the most recent 
percentage increase determined under section 
3015(h), multiplied by— 
‘‘(ii) either— 
‘‘(I) in the case of an individual entitled to 
educational assistance by reason of paragraphs (1), 
(2), or (9) of section 3311(b), 100 percent; or 
‘‘(II) in the case of an individual entitled to 
educational assistance by reason of paragraphs (3) 
through (8) of section 3311(b), the same percentage 
as would otherwise apply to the monthly amounts 
payable to the individual under paragraphs (2) 
through (7) of subsection (c). 
‘‘(D) In the case of an individual enrolled in a program 
of education that is pursued exclusively by correspondence 
(regardless of the institution providing such program of 
education), an amount equal to— 
‘‘(i) the lesser of— 
‘‘(I) the actual net cost for tuition and fees 
assessed by the institution concerned for the pro-
gram of education after the application of— 
‘‘(aa) any waiver of, or reduction in, tuition 
and fees; and 
‘‘(bb) any scholarship, or other Federal, 
State, institutional, or employer-based aid or 
assistance (other than loans and any funds 
provided under section 401(b) of the Higher 
Education Act of 1965) that is provided 
directly to the institution and specifically des-
ignated for the sole purpose of defraying tui-
tion and fees. 
‘‘(II) the amount equal to— 
‘‘(aa) for the academic year beginning on 
August 1, 2011, $8,500; or 
‘‘(bb) for an academic year beginning on 
any subsequent August 1, the amount for the 
previous academic year beginning on August 
1 under this subclause, as increased by the 
percentage increase equal to the most recent 
percentage increase determined under section 
3015(h), multiplied by— 
‘‘(ii) either— 
‘‘(I) in the case of an individual entitled to 
educational assistance by reason of paragraphs (1), 
(2), or (9) of section 3311(b), 100 percent; or 
‘‘(II) in the case of an individual entitled to 
educational assistance by reason of paragraphs (3) 
through (8) of section 3311(b), the same percentage 
as would otherwise apply to the monthly amounts 
payable to the individual under paragraphs (2) 
through (7) of subsection (c). 
‘‘(4) FREQUENCY OF PAYMENT.— 
‘‘(A) QUARTER, SEMESTER, OR TERM PAYMENTS.—Pay-
ment of the amounts payable under paragraph (3)(A)(i) 
for pursuit of a program of education shall be made for 
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124 STAT. 4117 
PUBLIC LAW 111–377—JAN. 4, 2011 
the entire quarter, semester, or term, as applicable, of 
the program of education. 
‘‘(B) MONTHLY PAYMENTS.—Payment of the amounts 
payable under paragraphs (3)(A)(ii) and (3)(B)(i) for pursuit 
of a program of education shall be made on a monthly 
basis. 
‘‘(C) LUMP SUM PAYMENTS.— 
‘‘(i) Payment for the amount payable under para-
graphs (3)(A)(iii) and (3)(B)(ii) shall be paid to the 
individual for the first month of each quarter, semester, 
or term, as applicable, of the program education pur-
sued by the individual. 
‘‘(ii) Payment of the amount payable under para-
graph (3)(C) for pursuit of a program of education 
shall be made upon receipt of certification for training 
completed by the individual and serviced by the 
training facility. 
‘‘(D) QUARTERLY PAYMENTS.—Payment of the amounts 
payable under paragraph (3)(D) for pursuit of a program 
of education shall be made quarterly on a pro rata basis 
for the lessons completed by the individual and serviced 
by the institution. 
‘‘(5) CHARGE AGAINST ENTITLEMENT FOR CERTIFICATE AND 
OTHER NON-COLLEGE DEGREE PROGRAMS.— 
‘‘(A) IN GENERAL.—In the case of amounts paid under 
paragraph (3)(A)(i) for pursuit of a program of education, 
the charge against entitlement to educational assistance 
under this chapter of the individual for whom such payment 
is made shall be one month for each of— 
‘‘(i) the amount so paid, divided by 
‘‘(ii) subject to subparagraph (B), the amount equal 
to one-twelfth of the amount applicable in the academic 
year in which the payment is made under paragraph 
(3)(A)(i)(II). 
‘‘(B) PRO RATA ADJUSTMENT BASED ON CERTAIN ELIGI-
BILITY.—If the amount otherwise payable with respect to 
an individual under paragraph (3)(A)(i) is subject to a 
percentage adjustment under paragraph (3)(A)(iv), the 
amount applicable with respect to the individual under 
subparagraph (A)(ii) shall be the amount otherwise deter-
mined pursuant to such subparagraph subject to a percent-
age adjustment equal to the percentage adjustment 
applicable with respect to the individual under paragraph 
(3)(A)(iv).’’. 
(c) PAYMENT OF AMOUNTS TO EDUCATIONAL INSTITUTIONS.— 
Subsection (h) of section 3313, as redesignated by subsection (b)(2) 
of this section, is amended by inserting ‘‘, and under subparagraphs 
(A)(i), (C), and (D) of subsection (g)(3),’’ after ‘‘(f)(2)(A)’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2011, and shall apply with respect 
to amounts payable for educational assistance for pursuit of pro-
grams of education on or after that date. 
SEC. 106. DETERMINATION OF MONTHLY HOUSING STIPEND PAY-
MENTS FOR ACADEMIC YEARS. 
(a) IN GENERAL.—Section 3313, as amended by this Act, is 
further amended by adding at the end the following new subsection: 
Applicability. 
38 USC 3313 
note. 
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124 STAT. 4118 
PUBLIC LAW 111–377—JAN. 4, 2011 
‘‘(i) DETERMINATION OF HOUSING STIPEND PAYMENTS FOR ACA-
DEMIC YEARS.—Any monthly housing stipend payable under this 
section during the academic year beginning on August 1 of a cal-
endar year shall be determined utilizing rates for basic allowances 
for housing payable under section 403 of title 37 in effect as of 
January 1 of such calendar year.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on August 1, 2011. 
SEC. 107. AVAILABILITY OF ASSISTANCE FOR LICENSURE AND CERTIFI-
CATION TESTS. 
(a) AVAILABILITY OF ASSISTANCE FOR ADDITIONAL TESTS.—Sub-
section (a) of section 3315 is amended by striking ‘‘one licensing 
or certification test’’ and inserting ‘‘licensing or certification tests’’. 
(b) CHARGE AGAINST ENTITLEMENT FOR RECEIPT OF ASSIST-
ANCE.— 
(1) IN GENERAL.—Subsection (c) of such section is amended 
to read as follows: 
‘‘(c) CHARGE AGAINST ENTITLEMENT.—The charge against an 
individual’s entitlement under this chapter for payment for a 
licensing or certification test shall be determined at the rate of 
one month (rounded to the nearest whole month) for each amount 
paid that equals— 
‘‘(1) for the academic year beginning on August 1, 2011, 
$1,460; or 
‘‘(2) for an academic year beginning on any subsequent 
August 1, the amount for the previous academic year beginning 
on August 1 under this subsection, as increased by the percent-
age increase equal to the most recent percentage increase deter-
mined under section 3015(h).’’. 
(2) CONFORMING AMENDMENTS.—Subsection (b) of such sec-
tion is amended— 
(A) in paragraph (1), by striking ‘‘or’’ at the end; 
(B) in paragraph (2), by striking the period and 
inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(3) the amount of entitlement available to the individual 
under this chapter at the time of payment for the test under 
this section.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011, and shall apply with respect 
to licensure and certification tests taken on or after that date. 
SEC. 108. NATIONAL TESTS. 
(a) NATIONAL TESTS.— 
(1) IN GENERAL.—Chapter 33 is amended by inserting after 
section 3315 the following new section: 
‘‘§ 3315A. National tests 
‘‘(a) IN GENERAL.—An individual entitled to educational assist-
ance under this chapter shall also be entitled to educational assist-
ance for the following: 
‘‘(1) A national test for admission to an institution of higher 
learning as described in the last sentence of section 3452(b). 
‘‘(2) A national test providing an opportunity for course 
credit at an institution of higher learning as so described. 
38 USC 3315A. 
Applicability. 
38 USC 3313 
note. 
38 USC 3313 
note. 
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124 STAT. 4119 
PUBLIC LAW 111–377—JAN. 4, 2011 
‘‘(b) AMOUNT.—The amount of educational assistance payable 
under this chapter for a test described in subsection (a) is the 
lesser of— 
‘‘(1) the fee charged for the test; or 
‘‘(2) the amount of entitlement available to the individual 
under this chapter at the time of payment for the test under 
this section. 
‘‘(c) CHARGE AGAINST ENTITLEMENT.—The number of months 
of entitlement charged an individual under this chapter for a test 
described in subsection (a) shall be determined at the rate of one 
month (rounded to the nearest whole month) for each amount 
paid that equals— 
‘‘(1) for the academic year beginning on August 1, 2011, 
$1,460; or 
‘‘(2) for an academic year beginning on any subsequent 
August 1, the amount for the previous academic year beginning 
on August 1 under this subsection, as increased by the percent-
age increase equal to the most recent percentage increase deter-
mined under section 3015(h).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 33 is amended by inserting after the 
item relating to section 3315 the following new item: 
‘‘3315A. National tests.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011, and shall apply with respect 
to national tests taken on or after that date. 
SEC. 109. CONTINUATION OF ENTITLEMENT TO ADDITIONAL EDU-
CATIONAL ASSISTANCE FOR CRITICAL SKILLS OR SPE-
CIALTY. 
(a) IN GENERAL.—Section 3316 is amended— 
(1) by redesignating subsection (c) as subsection (e); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) CONTINUATION OF INCREASED EDUCATIONAL ASSISTANCE.— 
‘‘(1) IN
GENERAL.—An individual who made an election 
to receive educational assistance under this chapter pursuant 
to section 5003(c)(1)(A) of the Post-9/11 Veterans Educational 
Assistance Act of 2008 (38 U.S.C. 3301 note) and who, at 
the time of the election, was entitled to increased educational 
assistance under section 3015(d) or section 16131(i) of title 
10 shall remain entitled to increased educational assistance 
in the utilization of the individual’s entitlement to educational 
assistance under this chapter. 
‘‘(2) RATE.—The monthly rate of increased educational 
assistance payable to an individual under paragraph (1) shall 
be— 
‘‘(A) the rate of educational assistance otherwise pay-
able to the individual under section 3015(d) or section 
16131(i) of title 10, as the case may be, had the individual 
not made the election described in paragraph (1), multiplied 
by 
‘‘(B) the lesser of— 
‘‘(i) 1.0; or 
‘‘(ii) the number of course hours borne by the indi-
vidual in pursuit of the program of education involved 
Applicability. 
38 USC 3315A 
note. 
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124 STAT. 4120 
PUBLIC LAW 111–377—JAN. 4, 2011 
divided by the minimum number of course hours 
required for full-time pursuit of the program of edu-
cation, rounded to the nearest multiple of 10. 
‘‘(3) FREQUENCY OF PAYMENT.—Payment of the amounts 
payable under paragraph (1) during pursuit of a program of 
education shall be made on a monthly basis.’’. 
(b) CLARIFICATION ON FUNDING OF INCREASED ASSISTANCE.— 
(1) IN
GENERAL.—Such section is further amended by 
inserting after subsection (c), as added by subsection (a)(2) 
of this section, the following new subsection: 
‘‘(d) FUNDING.—Payments for increased educational assistance 
under this section shall be made from the Department of Defense 
Education Benefits Fund under section 2006 of title 10 or from 
appropriations available to the Department of Homeland Security 
for that purpose, as applicable.’’. 
(2) CONFORMING AMENDMENTS.—Section 2006(b) of title 10, 
United States Code, is amended— 
(A) in paragraph (1), by inserting ‘‘or 33’’ after ‘‘chapter 
30’’; and 
(B) in paragraph (2), by adding at the end the following 
new subparagraph: 
‘‘(E) The present value of any future benefits payable 
from the Fund for amounts attributable to increased 
amounts of educational assistance authorized by section 
3316 of title 38.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011. 
SEC. 110. TRANSFER OF UNUSED EDUCATION BENEFITS. 
(a) AVAILABILITY OF TRANSFER AUTHORITY FOR MEMBERS OF 
PHS AND NOAA.—Section 3319 is amended— 
(1) by striking ‘‘Armed Forces’’ each place it appears (other 
than in subsection (a)) and inserting ‘‘uniformed services’’; and 
(2) by striking subsection (k). 
(b) SCOPE AND EXERCISE OF AUTHORITY.—Subsection (a) of such 
section is amended— 
(1) by striking ‘‘Subject to the provisions of this section,’’ 
and all that follows through ‘‘to permit’’ and inserting ‘‘(1) 
Subject to the provisions of this section, the Secretary concerned 
may permit’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) The purpose of the authority in paragraph (1) is to promote 
recruitment and retention in the uniformed services. The Secretary 
concerned may exercise the authority for that purpose when author-
ized by the Secretary of Defense in the national security interests 
of the United States.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011. 
SEC. 111. BAR TO DUPLICATION OF CERTAIN EDUCATIONAL ASSIST-
ANCE BENEFITS. 
(a) BAR TO CONCURRENT RECEIPT OF TRANSFERRED EDUCATION 
BENEFITS
AND MARINE GUNNERY SERGEANT JOHN DAVID FRY 
SCHOLARSHIP ASSISTANCE.—Section 3322 is amended by adding at 
the end the following new subsection: 
‘‘(e) BAR TO CONCURRENT RECEIPT OF TRANSFERRED EDUCATION 
BENEFITS
AND MARINE GUNNERY SERGEANT JOHN DAVID FRY 
SCHOLARSHIP ASSISTANCE.—An individual entitled to educational 
38 USC 3319 
note. 
10 USC 2006 
note. 
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124 STAT. 4121 
PUBLIC LAW 111–377—JAN. 4, 2011 
assistance under both sections 3311(b)(9) and 3319 may not receive 
assistance under both provisions concurrently, but shall elect (in 
such form and manner as the Secretary may prescribe) under 
which provision to receive educational assistance.’’. 
(b) BAR TO RECEIPT
OF COMPENSATION
AND PENSION
AND 
MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST-
ANCE.—Such section is further amended by adding at the end 
the following new subsection: 
‘‘(f) BAR TO RECEIPT
OF COMPENSATION
AND PENSION
AND 
MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP ASSIST-
ANCE.—The commencement of a program of education under section 
3311(b)(9) shall be a bar to the following: 
‘‘(1) Subsequent payments of dependency and indemnity 
compensation or pension based on the death of a parent to 
an eligible person over the age of 18 years by reason of pursuing 
a course in an educational institution. 
‘‘(2) Increased rates, or additional amounts, of compensa-
tion, dependency and indemnity compensation, or pension 
because of such a person, whether eligibility is based upon 
the death of the parent.’’. 
(c) BAR TO CONCURRENT RECEIPT OF TRANSFERRED EDUCATION 
BENEFITS.—Such section is further amended by adding at the end 
the following new subsection: 
‘‘(g) BAR TO CONCURRENT RECEIPT OF TRANSFERRED EDUCATION 
BENEFITS.—A spouse or child who is entitled to educational assist-
ance under this chapter based on a transfer of entitlement from 
more than one individual under section 3319 may not receive assist-
ance based on transfers from more than one such individual concur-
rently, but shall elect (in such form and manner as the Secretary 
may prescribe) under which source to utilize such assistance at 
any one time.’’. 
(d) BAR TO DUPLICATION OF ELIGIBILITY BASED ON A SINGLE 
EVENT.—Such section is further amended by adding at the end 
the following new subsection: 
‘‘(h) BAR TO DUPLICATION OF ELIGIBILITY BASED ON A SINGLE 
EVENT OR PERIOD OF SERVICE.— 
‘‘(1) ACTIVE-DUTY SERVICE.—An individual with qualifying 
service in the Armed Forces that establishes eligibility on the 
part of such individual for educational assistance under this 
chapter, chapter 30 or 32 of this title, and chapter 1606 or 
1607 of title 10, shall elect (in such form and manner as 
the Secretary may prescribe) under which authority such 
service is to be credited. 
‘‘(2) ELIGIBILITY FOR EDUCATIONAL ASSISTANCE BASED ON 
PARENT’S SERVICE.—A child of a member of the Armed Forces 
who, on or after September 11, 2001, dies in the line of duty 
while serving on active duty, who is eligible for educational 
assistance under either section 3311(b)(9) or chapter 35 of 
this title based on the parent’s death may not receive such 
assistance under both this chapter and chapter 35 of this title, 
but shall elect (in such form and manner as the Secretary 
may prescribe) under which chapter to receive such assistance.’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011. 
SEC. 112. TECHNICAL AMENDMENTS. 
(a) SECTION 3313.—Section 3313 is amended— 
38 USC 3322 
note. 
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124 STAT. 4122 
PUBLIC LAW 111–377—JAN. 4, 2011 
(1) by striking ‘‘higher education’’ each place it appears 
and inserting ‘‘higher learning’’; and 
(2) in clause (iii) of subparagraph (A) of subsection (e)(2), 
as redesignated by section 103(a)(2) of this Act, by adding 
a period at the end. 
(b) SECTION 3319.—Section 3319(b)(2) is amended by striking 
‘‘to section (k)’’ and inserting ‘‘to subsection (j)’’. 
(c) SECTION 3323.—Section 3323(a) is amended by striking ‘‘sec-
tion 3034(a)(1)’’ and inserting ‘‘sections 3034(a)(1) and 3680(c)’’. 
TITLE II—OTHER EDUCATIONAL 
ASSISTANCE MATTERS 
SEC. 201. EXTENSION OF DELIMITING DATES FOR USE OF EDU-
CATIONAL ASSISTANCE BY PRIMARY CAREGIVERS OF 
SERIOUSLY INJURED VETERANS AND MEMBERS OF THE 
ARMED FORCES. 
(a) ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE.—Sub-
section (d) of section 3031 is amended to read as follows: 
‘‘(d)(1) In the case of an individual eligible for educational 
assistance under this chapter who is prevented from pursuing the 
individual’s chosen program of education before the expiration of 
the 10-year period for the use of entitlement under this chapter 
otherwise applicable under this section because of a physical or 
mental disability which is not the result of the individual’s own 
willful misconduct, such 10-year period— 
‘‘(A) shall not run during the period the individual is so 
prevented from pursuing such program; and 
‘‘(B) shall again begin running on the first day after the 
individual’s recovery from such disability on which it is reason-
ably feasible, as determined under regulations prescribed by 
the Secretary, for the individual to initiate or resume pursuit 
of a program of education with educational assistance under 
this chapter. 
‘‘(2)(A) Subject to subparagraph (B), in the case of an individual 
eligible for educational assistance under this chapter who is pre-
vented from pursuing the individual’s chosen program of education 
before the expiration of the 10-year period for the use of entitlement 
under this chapter otherwise applicable under this section by reason 
of acting as the primary provider of personal care services for 
a veteran or member of the Armed Forces under section 1720G(a) 
of this title, such 10-year period— 
‘‘(i) shall not run during the period the individual is so 
prevented from pursuing such program; and 
‘‘(ii) shall again begin running on the first day after the 
date of the recovery of the veteran or member from the injury, 
or the date on which the individual ceases to be the primary 
provider of personal care services for the veteran or member, 
whichever is earlier, on which it is reasonably feasible, as 
so determined, for the individual to initiate or resume pursuit 
of a program of education with educational assistance under 
this chapter. 
‘‘(B) Subparagraph (A) shall not apply with respect to the 
period of an individual as a primary provider of personal care 
Determination. 
Regulations. 
Time period. 
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124 STAT. 4123 
PUBLIC LAW 111–377—JAN. 4, 2011 
services if the period concludes with the revocation of the individ-
ual’s designation as such a primary provider under section 
1720G(a)(7)(D) of this title.’’. 
(b) CERTAIN TRANSFEREES OF POST-9/11 EDUCATIONAL ASSIST-
ANCE.—Paragraph (5) of section 3319(h) is amended to read as 
follows: 
‘‘(5) LIMITATION ON AGE OF USE BY CHILD TRANSFEREES.— 
‘‘(A) IN
GENERAL.—A child to whom entitlement is 
transferred under this section may use the benefits trans-
ferred without regard to the 15-year delimiting date speci-
fied in section 3321, but may not, except as provided in 
subparagraph (B), use any benefits so transferred after 
attaining the age of 26 years. 
‘‘(B) PRIMARY CAREGIVERS OF SERIOUSLY INJURED MEM-
BERS OF THE ARMED FORCES AND VETERANS.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), in the case 
of a child who, before attaining the age of 26 years, 
is prevented from pursuing a chosen program of edu-
cation by reason of acting as the primary provider 
of personal care services for a veteran or member of 
the Armed Forces under section 1720G(a), the child 
may use the benefits beginning on the date specified 
in clause (iii) for a period whose length is specified 
in clause (iv). 
‘‘(ii) INAPPLICABILITY FOR REVOCATION.—Clause (i) 
shall not apply with respect to the period of an indi-
vidual as a primary provider of personal care services 
if the period concludes with the revocation of the 
individual’s designation as such a primary provider 
under section 1720G(a)(7)(D). 
‘‘(iii) DATE FOR COMMENCEMENT OF USE.—The date 
specified in this clause for the beginning of the use 
of benefits by a child under clause (i) is the later 
of— 
‘‘(I) the date on which the child ceases acting 
as the primary provider of personal care services 
for the veteran or member concerned as described 
in clause (i); 
‘‘(II) the date on which it is reasonably fea-
sible, as determined under regulations prescribed 
by the Secretary, for the child to initiate or resume 
the use of benefits; or 
‘‘(III) the date on which the child attains the 
age of 26 years. 
‘‘(iv) LENGTH OF USE.—The length of the period 
specified in this clause for the use of benefits by a 
child under clause (i) is the length equal to the length 
of the period that— 
‘‘(I) begins on the date on which the child 
begins acting as the primary provider of personal 
care services for the veteran or member concerned 
as described in clause (i); and 
‘‘(II) ends on the later of— 
‘‘(aa) the date on which the child ceases 
acting as the primary provider of personal care 
services for the veteran or member as 
described in clause (i); or 
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124 STAT. 4124 
PUBLIC LAW 111–377—JAN. 4, 2011 
‘‘(bb) the date on which it is reasonably 
feasible, as so determined, for the child to 
initiate or resume the use of benefits.’’. 
(c) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.— 
Subsection (c) of section 3512 is amended to read as follows: 
‘‘(c)(1) Notwithstanding subsection (a) and subject to paragraph 
(2), an eligible person may be afforded educational assistance 
beyond the age limitation applicable to the person under such 
subsection if— 
‘‘(A) the person suspends pursuit of such person’s program 
of education after having enrolled in such program within the 
time period applicable to such person under such subsection; 
‘‘(B) the person is unable to complete such program after 
the period of suspension and before attaining the age limitation 
applicable to the person under such subsection; and 
‘‘(C) the Secretary finds that the suspension was due to 
either of the following: 
‘‘(i) The actions of the person as the primary provider 
of personal care services for a veteran or member of the 
Armed Forces under section 1720G(a) of this title. 
‘‘(ii) Conditions otherwise beyond the control of the 
person. 
‘‘(2) Paragraph (1) shall not apply with respect to the period 
of an individual as a primary provider of personal care services 
if the period concludes with the revocation of the individual’s des-
ignation as such a primary provider under section 1720G(a)(7)(D) 
of this title. 
‘‘(3) Educational assistance may not be afforded a person under 
paragraph (1) after the earlier of— 
‘‘(A) the age limitation applicable to the person under sub-
section (a), plus a period of time equal to the period the person 
was required to suspend pursuit of the person’s program of 
education as described in paragraph (1); or 
‘‘(B) the date of the person’s thirty-first birthday.’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011, and shall apply with respect 
to preventions and suspension of pursuit of programs of education 
that commence on or after that date. 
SEC. 202. LIMITATIONS ON RECEIPT OF EDUCATIONAL ASSISTANCE 
UNDER NATIONAL CALL TO SERVICE AND OTHER PRO-
GRAMS OF EDUCATIONAL ASSISTANCE. 
(a) BAR TO DUPLICATION OF EDUCATIONAL ASSISTANCE BENE-
FITS.—Section 3322(a) is amended by inserting ‘‘or section 510’’ 
after ‘‘or 1607’’. 
(b) LIMITATION
ON CONCURRENT RECEIPT
OF EDUCATIONAL 
ASSISTANCE.—Section 3681(b)(2) is amended by inserting ‘‘and sec-
tion 510’’ after ‘‘and 107’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011. 
SEC. 203. APPROVAL OF COURSES. 
(a) CONSTRUCTIVE APPROVAL OF CERTAIN COURSES.— 
(1) IN GENERAL.—Section 3672(b) is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following new paragraph: 
38 USC 3322 
note. 
Applicability. 
38 USC 3031 
note. 
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124 STAT. 4125 
PUBLIC LAW 111–377—JAN. 4, 2011 
‘‘(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A, 3684, 
and 3696 of this title, the following programs are deemed to be 
approved for purposes of this chapter: 
‘‘(i) An accredited standard college degree program offered 
at a public or not-for-profit proprietary educational institution 
that is accredited by an agency or association recognized for 
that purpose by the Secretary of Education. 
‘‘(ii) A flight training course approved by the Federal Avia-
tion Administration that is offered by a certified pilot school 
that possesses a valid Federal Aviation Administration pilot 
school certificate. 
‘‘(iii) An apprenticeship program registered with the Office 
of Apprenticeship (OA) of the Employment Training Adminis-
tration of the Department of Labor or a State apprenticeship 
agency recognized by the Office of Apprenticeship pursuant 
to the Act of August 16, 1937 (popularly known as the ‘National 
Apprenticeship Act’; 29 U.S.C. 50 et seq.). 
‘‘(iv) A program leading to a secondary school diploma 
offered by a secondary school approved in the State in which 
it is operating. 
‘‘(B) A licensure test offered by a Federal, State, or local govern-
ment is deemed to be approved for purposes of this chapter.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Paragraph (3) of section 3034(d) is amended to 
read as follows: 
‘‘(3) the flight school courses are approved by the Federal 
Aviation Administration and are offered by a certified pilot 
school that possesses a valid Federal Aviation Administration 
pilot school certificate.’’. 
(B) Section 3671(b)(2) is amended by striking ‘‘In the 
case’’ and inserting ‘‘Except as otherwise provided in this 
chapter, in the case’’. 
(C) Section 3689(a)(1) is amended by inserting after 
‘‘unless’’ the following: ‘‘the test is deemed approved by 
section 3672(b)(2)(B) of this title or’’. 
(b) USE OF STATE APPROVING AGENCIES FOR COMPLIANCE AND 
OVERSIGHT ACTIVITIES.—Section 3673 is amended by adding at 
the end the following new subsection: 
‘‘(d) USE OF STATE APPROVING AGENCIES FOR COMPLIANCE AND 
OVERSIGHT ACTIVITIES.—The Secretary may utilize the services of 
a State approving agency for such compliance and oversight pur-
poses as the Secretary considers appropriate without regard to 
whether the Secretary or the agency approved the courses offered 
in the State concerned.’’. 
(c) APPROVAL OF ACCREDITED COURSES.— 
(1) IN
GENERAL.—Subsection (a)(1) of section 3675 is 
amended by striking ‘‘A State approving agency may approve 
the courses offered by an educational institution’’ and inserting 
‘‘The Secretary or a State approving agency may approve 
accredited programs (including non-degree accredited programs) 
offered by proprietary for-profit educational institutions’’. 
(2) CONDITION OF APPROVAL.—Subsection (b) of such section 
is amended— 
(A) in the matter preceding paragraph (1), by inserting 
‘‘the Secretary or’’ after ‘‘this section,’’; and 
(B) is amended by inserting ‘‘the Secretary or’’ after 
‘‘as prescribed by’’. 
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124 STAT. 4126 
PUBLIC LAW 111–377—JAN. 4, 2011 
(d) DISAPPROVAL OF COURSES.—Section 3679(a) is amended by 
inserting ‘‘the Secretary or’’ after ‘‘disapproved by’’ both places 
it appears. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on August 1, 2011. 
SEC. 204. REPORTING FEES. 
(a) INCREASE
IN
AMOUNT
OF
FEES.—Section 3684(c) is 
amended— 
(1) by striking ‘‘multiplying $7’’ and inserting ‘‘multiplying 
$12’’; and 
(2) by striking ‘‘or $11’’ and inserting ‘‘or $15’’. 
(b) USE OF FEES PAID.—Such section is further amended by 
inserting after the fourth sentence the following new sentence: 
‘‘Any reporting fee paid an educational institution or joint 
apprenticeship training committee after the date of the enactment 
of the Post-9/11 Veterans Educational Assistance Improvements 
Act of 2011 shall be utilized by such institution or committee 
solely for the making of certifications required under this chapter 
or chapter 31, 34, or 35 of this title or for otherwise supporting 
programs for veterans.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2011. 
SEC. 205. ELECTION FOR RECEIPT OF ALTERNATE SUBSISTENCE 
ALLOWANCE FOR CERTAIN VETERANS WITH SERVICE-CON-
NECTED 
DISABILITIES 
UNDERGOING 
TRAINING 
AND 
REHABILITATION. 
(a) ELECTION AUTHORIZED.—Section 3108(b) is amended by 
adding at the end the following new paragraph: 
‘‘(4) A veteran entitled to a subsistence allowance under this 
chapter and educational assistance under chapter 33 of this title 
may elect to receive payment from the Secretary in lieu of an 
amount otherwise determined by the Secretary under this sub-
section in an amount equal to the applicable monthly amount 
of 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 majority 
portion of the ZIP code area in which is located the institution 
providing rehabilitation program concerned.’’. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall take effect on August 1, 2011. 
SEC. 206. MODIFICATION OF AUTHORITY TO MAKE CERTAIN INTERVAL 
PAYMENTS. 
(a) IN GENERAL.—The flush matter following clause (3)(B) of 
section 3680(a) is amended by striking ‘‘of this subsection—’’ and 
all that follows and inserting ‘‘of this subsection during periods 
when schools are temporarily closed under an established policy 
based on an Executive order of the President or due to an emergency 
situation. However, the total number of weeks for which allowances 
may continue to be so payable in any 12-month period may not 
exceed 4 weeks.’’. 
38 USC 3684 
note. 
38 USC 3684 
note. 
38 USC 3034 
note. 
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124 STAT. 4127 
PUBLIC LAW 111–377—JAN. 4, 2011 
LEGISLATIVE HISTORY—S. 3447: 
SENATE REPORTS: No. 111–346 (Comm. on Veterans’ Affairs). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Dec. 13, considered and passed Senate. 
Dec. 15, 16, considered and passed House. 
(b) EFFECTIVE DATE.—The amendment made by this section 
shall take effect on August 1, 2011. 
Approved January 4, 2011. 
38 USC 3680 
note. 
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