S.Amdt. 4802Senate111th Congress (2009-2011)
To improve the bill.
Sponsored by 
Sen. Daniel K. Akaka (D-HI)
Sen. Daniel K. Akaka (D-HI)Submitted December 13, 2010
Text
Proposed
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
POST-9/11 VETERANS EDUCATIONAL ASSISTANCE IMPROVEMENTS ACT OF 2010
Mr. DURBIN. I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 638, S. 3447.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3447) to amend title 38, United States Code, to
improve educational assistance for veterans who served in the
Armed Forces after September 11, 2001, and for other
purposes.
The Senate proceeded to consider the bill (S. 3447) to amend title
38, United States Code, to improve educational assistance for veterans
who served in the Armed Forces after September 11, 2001, and for other
purposes, which had been reported from the Committee on Veterans'
Affairs, with an amendment to strike all after the enacting clause and
insert in lieu thereof the following:
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.
TITLE I--POST-9/11 VETERANS EDUCATIONAL ASSISTANCE
Sec. 101. Modification of entitlement to educational assistance.
Sec. 102. Amounts of assistance for programs of education leading to a
degree pursued at public, non-public, and foreign
institutions of higher learning.
Sec. 103. Amounts of assistance for programs of education leading to a
degree pursued on active duty.
Sec. 104. Educational assistance for programs of education pursued on
half-time basis or less.
Sec. 105. Educational assistance for programs of education other than
programs of education leading to a degree.
Sec. 106. Determination of monthly housing stipend payments for
academic years.
Sec. 107. Availability of assistance for licensure and certification
tests.
Sec. 108. National tests.
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.
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 be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--POST-9/11 VETERANS EDUCATIONAL ASSISTANCE
SEC. 101. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL
ASSISTANCE.
(a) Modification of Definitions on Eligibility for
Educational Assistance.--
(1) Expansion of definition of active duty to include
service in national guard for certain purposes.--Paragraph
(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 subparagraph (B), full-
time service--
``(i) in the National Guard of a State for the purpose 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
Assistance.--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.
(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).
(2) One station unit training.--The amendment made by
subsection (a)(2) shall take effect on the date of the
enactment 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 discharges 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):
[[Page S8949]]
``(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.
``(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 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 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,
$20,000; 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 encompasses 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, 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.
``(ii) In the case of an individual pursuing a program of
education at a foreign institution of higher 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 program 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 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 programs of education 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:
``(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;
``(ii) the amount equal to--
``(I) for the academic year beginning on August 1, 2011,
$20,000; or
``(II) for an academic year beginning on any subsequent
August 1, the amount for the previous academic year beginning
on August 1 under this clause, 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 subparagraphs
(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 amounts
otherwise determined pursuant to such subparagraphs
multiplied by the same percentage applicable to the monthly
amounts payable to the individual under paragraphs (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 Date.--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 as educational assistance for individuals who
commence pursuit of programs of education on or after such
effective 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
subsection'' 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 programs 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 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
subsection (g):
``(g) Programs of Education Other Than Programs of
Education 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
[[Page S8950]]
described in subparagraphs (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,
$20,000; 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 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 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 at
which the individual is enrolled; or
``(bb) in the case of an individual pursuing a program of
education through distance learning, a monthly amount equal
to 50 percent 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 educational
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 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).
``(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 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 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 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 educational costs.
``(iii) In the case of an individual entitled to
educational 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 educational
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 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,
$12,000; 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).
``(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 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 designated for the sole
purpose of defraying tuition and fees.
``(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 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.--Payment of the
amounts payable under paragraph (3)(A)(i) for pursuit of a
program of education shall be made for 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 paragraphs
(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 pursued by the
individual.
``(ii) Payment of the amount payable under paragraph (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 eligibility.--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 determined pursuant to such
subparagraph subject to a percentage 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 August 1, 2011, and shall apply with
respect to amounts
[[Page S8951]]
payable for educational assistance for pursuit of programs of
education on or after that date.
SEC. 106. DETERMINATION OF MONTHLY HOUSING STIPEND PAYMENTS
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:
``(i) Determination of Housing Stipend Payments for
Academic Years.--Any monthly housing stipend payable under
this section during the academic year beginning on August 1
of a calendar 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
CERTIFICATION TESTS.
(a) Availability of Assistance for Additional Tests.--
Subsection (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 Assistance.--
(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,
$1,667; 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
percentage increase equal to the most recent percentage
increase determined under section 3015(h).''.
(2) Conforming amendments.--Subsection (b) of such section
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:
``Sec. 3315A. National tests
``(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to
educational assistance 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.
``(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,
$1,667; 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
percentage increase equal to the most recent percentage
increase determined 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
EDUCATIONAL ASSISTANCE FOR CRITICAL SKILLS OR
SPECIALTY.
(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
subsection (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 payable
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 individual
in pursuit of the program of education involved 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.
``(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 authorized 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
ASSISTANCE 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 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 Assistance.--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 Assistance.--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
compensation, 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
assistance under this chapter based on a transfer of
entitlement from more than one individual under section 3319
may not receive assistance based on transfers from more than
one such individual concurrently, 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:
[[Page S8952]]
``(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--
(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
``section 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
EDUCATIONAL ASSISTANCE BY PRIMARY CAREGIVERS OF
SERIOUSLY INJURED VETERANS AND MEMBERS OF THE
ARMED FORCES.
(a) All-volunteer Force Educational Assistance.--Subsection
(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
reasonably 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 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 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 services if the period concludes with the revocation of
the individual's designation as such a primary provider under
section 1720G(a)(7)(D) of this title.''.
(b) Certain Transferees of Post-9/11 Educational
Assistance.--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
transferred without regard to the 15-year delimiting date
specified 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 members 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 education 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 individual 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 feasible, 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
``(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 designation 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
subsection (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
PROGRAMS OF EDUCATIONAL ASSISTANCE.
(a) Bar to Duplication of Educational Assistance
Benefits.--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
section 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:
``(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
Aviation 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
Administration 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 government 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.''.
[[Page S8953]]
(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
purposes 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''.
(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 August 1, 2011.
SEC. 205. ELECTION FOR RECEIPT OF ALTERNATE SUBSISTENCE
ALLOWANCE FOR CERTAIN VETERANS WITH SERVICE-
CONNECTED 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 subsection 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.''.
(b) Effective Date.--The amendment made by this section
shall take effect on August 1, 2011.
Mr. DURBIN. I ask unanimous consent that the committee-reported
substitute amendment be considered and that the Akaka amendment which
is at the desk be agreed to; the committee substitute amendment, as
amended, be agreed to; the bill, as amended, be read a third time; and
that the budgetary pay-go statement be read.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
Mr. Conrad: This is the Statement of Budgetary Effects of
PAYGO Legislation for S. 3447, as amended.
Total Budgetary Effects of S. 3447 for the 5-year Statutory
PAYGO Scorecard: net decrease in the deficit of $1 million.
Total Budgetary Effects of S. 3447 for the 10-year
Statutory PAYGO Scorecard: net decrease in the deficit of
$734 million.
Also submitted for the Record as part of this statement is
a table prepared by the Congressional Budget Office, which
provides additional information on the budgetary effects of
this Act, as follows:
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 3447, THE POST-9/11 VETERANS EDUCATIONAL ASSISTANCE IMPROVEMENTS ACT OF 2010 (AS REPORTED ON
OCTOBER 26, 2010), WITH AN AMENDMENT (ARM10D13) PROVIDED TO CBO ON DECEMBER 2, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2011-2015 2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.......... -16 -28 69 10 -36 -83 -121 -153 -176 -200 -1 -734
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: S. 3447 as amended contains several provisions that would both increase and decrease the costs of veterans' education programs.
Source: Congressional Budget Office.
Mr. AKAKA. Madam President, as chairman of the Senate Committee on
Veterans' Affairs, I am delighted to bring before the Senate S. 3447,
the Post-9/11 Veterans' Educational Assistance Improvements Act of
2010.
This measure, together with the managers' amendment, is based on the
legislation I introduced on May 27, 2010. Hearings were held on the
bill on July 21, 2010, and on August 5, 2010, the committee ordered the
measure to be reported. The committee's report was filed on October 26,
2010.
The purpose of this legislation is to make modifications in the
program of educational assistance operated under chapter 33 of title
38, United States Code, for veterans who have served on active duty
since September 11, 2001. It would provide for a streamlined, less
complex, and more equitable program, and expand certain opportunities
for training and education, including on-job and vocational training.
It would also correct a number of inadvertent omissions and errors in
the new chapter 33 program as enacted in 2008 as title V of Public Law
110-252, the Supplemental Appropriations Act, 2008.
As one who knows, from firsthand experience, the value of G.I. bill
benefits and how they can substantially enhance all aspects of an
individual's life, I believe that it is critical that we move toward
making this new G.I. bill for today's veterans the best that it can be.
And that is what my bill is intended to do.
In 2008, I was pleased to join with our distinguished colleague from
Virginia, Mr. Webb, as a cosponsor of the original measure which
established this new program. However, since the process leading to the
enactment of this new program was outside the framework of the usual
committee route for development and consideration of legislation, there
are a number of issues with the new program that require legislative
remedies. In addition, VA's yearlong experience with the program has
made it clear that the new program is very complex, difficult to
understand, and results in unintended inequities.
I worked with my colleagues here in the Senate, with the Department
of Veterans' Affairs, and with various veteran and other organizations
to craft legislation that addresses many of the problems and will, in
addition, make additional valuable educational opportunities for
veterans available through on-job and apprenticeship training. Because
the details of the legislation are described in detail in the
committee's report on S. 3447--Senate Report 111-34--I will just
highlight a few of the provisions.
First, the bill would allow members of the National Guard and Reserve
to benefit from the new program. These individuals--those activated
under the authority of title 32 by orders of the President or the
Secretary of Defense to support a national security mission--were
inadvertently omitted from the program when it was enacted in 2008 and
the pending measure would remedy this oversight.
[[Page S8954]]
Second, the bill would simplify the payments. Instead of a complex
and sometimes inequitable benefits calculation based on a State-by-
State determination, this measure would provide that if an individual
is enrolled in a program of education at a public institution of higher
learning, VA would pay the cost of tuition and fees. If an individual
is enrolled in other than a public institution, VA would pay up to a
national cap that will be adjusted annually based on increases in the
cost of education. My measure sets the initial cap at $17,500.
Third, the bill would expand the options available to individuals and
provide that benefits could be paid for the pursuit of apprenticeship
and on-job training as well as for pursuit of a vocational goal. This
will open up the doors for valuable benefits for those who choose these
options.
Fourth, the bill would expand the program to authorize the payment of
the $1,000 annual book allowance to individuals who are attending
school while on active duty. It would also permit veterans and
servicemembers to use benefits for multiple licensing and certification
courses.
Finally, this measure would permit service-connected disabled
veterans enrolled in a program of vocational rehabilitation under
chapter 31 of title 38 who also have eligibility for the new Post-9/11
G.I. bill program to select under which program to receive a living or
subsistence allowance. This will remove the economic incentive for an
individual to forgo the valuable assistance available under the chapter
31 program in exchange for a higher living stipend under the chapter 33
program.
While I am pleased that we have been able to produce this package of
improvements that will go a long way toward making the new program the
best that it can be, I note that we still have much to do in this area.
There are questions and issues that have not been addressed in this
measure--such as how to ensure that veterans using their benefits are
afforded a quality education, a 48-month cap on the total amount of
benefits available under all the programs of educational assistance
offered by VA, and the overall need to curb instances of fraud, abuse,
and misuse of benefits. I am certain this list can only grow longer.
But this marks an important first step and I look forward to
continuing to working with my colleagues here and in the House of
Representatives as we continue to move through the legislative process
to do what needs to be done.
In closing, I extend a note of personal thanks to the committee's
distinguished ranking member from North Carolina, Mr. Burr, and his
staff member, Amanda Meredith, whose hard work and dedication are much
appreciated.
I urge the Senate to pass the pending measure.
The amendment (No. 4802) was agreed to, as follows:
On page 22, in the matter following line 17, insert after
the item relating to section 2 the following:
Sec. 3. Statutory Pay-As-You-Go Act compliance.
On page 23, between lines 6 and 7, insert the following:
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 Committee, provided that such
statement has been submitted prior to the vote on passage.
On page 25, line 23, insert after the period the following:
``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.''.
On page 29, line 3, strike ``$20,000'' and insert
``$17,500''.
On page 32, strike lines 5 through 8 and insert the
following:
(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
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 as covered by
such clause on or after that date.
On page 33, strike line 7 and all that follows through page
34, line 8, and insert 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;
``(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 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 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); or''.
On page 35, strike lines 12 through 17 and insert the
following:
(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
educational 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.
On page 39, line 17, strike ``$20,000'' and insert
``$17,500''.
On page 45, line 24, strike ``$12,000'' and insert
``$10,000''.
On page 47, line 25, strike ``$10,000'' and insert
``$8,500''.
On page 51, line 13, strike ``August 1, 2011'' and insert
``October 1, 2011''.
On page 52, line 21, strike ``$1,667'' and insert
``$1,460''.
On page 54, line 20, strike ``$1,667'' and insert
``$1,460''.
On page 73, line 18, strike ``August 1, 2011'' and insert
``October 1, 2011''.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. DURBIN. I ask unanimous consent that the bill be passed and the
motions to reconsider be laid upon the table, with no intervening
action or debate and any statements be printed in the Record with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3447) was passed, as follows:
S. 3447
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 pursued at public, non-public, and foreign
institutions of higher learning.
Sec. 103. Amounts of assistance for programs of education leading to a
degree pursued on active duty.
Sec. 104. Educational assistance for programs of education pursued on
half-time basis or less.
Sec. 105. Educational assistance for programs of education other than
programs of education leading to a degree.
[[Page S8955]]
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.
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 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 Committee, 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
ASSISTANCE.
(a) Modification of Definitions on Eligibility for
Educational Assistance.--
(1) Expansion of definition of active duty to include
service in national guard for certain purposes.--Paragraph
(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 subparagraph (B), full-
time service--
``(i) in the National Guard of a State for the purpose 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
Assistance.--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.
(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
enactment 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 discharges 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.
``(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 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 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).''.
(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 encompasses 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, 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.
``(ii) In the case of an individual pursuing a program of
education at a foreign institution of higher 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.
[[Page S8956]]
``(iii) In the case of an individual pursuing a program 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
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 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:
``(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 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 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); or''.
(E) by adding at the end the following new subparagraphs
(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 amounts
otherwise determined pursuant to such subparagraphs
multiplied by the same percentage applicable to the monthly
amounts payable to the individual under paragraphs (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
educational 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
subsection'' 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 programs 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 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
subsection (g):
``(g) Programs of Education Other Than Programs of
Education 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 subparagraphs
(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 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 section 403 of title 37 for a member
with dependents in pay grade E-5 residing in the military
housing area that encompasses
[[Page S8957]]
all or the majority portion of the ZIP code area in which is
located the institution at which the individual is enrolled;
or
``(bb) in the case of an individual pursuing a program of
education through distance learning, a monthly amount equal
to 50 percent 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 educational
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 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).
``(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 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 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 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 educational costs.
``(iii) In the case of an individual entitled to
educational 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 educational
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 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,
$10,000; 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).
``(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 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 designated for the sole
purpose of defraying tuition 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.--Payment of the
amounts payable under paragraph (3)(A)(i) for pursuit of a
program of education shall be made for 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 paragraphs
(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 pursued by the
individual.
``(ii) Payment of the amount payable under paragraph (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 eligibility.--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 determined pursuant to such
subparagraph subject to a percentage 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 programs of education on or after that date.
SEC. 106. DETERMINATION OF MONTHLY HOUSING STIPEND PAYMENTS
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:
``(i) Determination of Housing Stipend Payments for
Academic Years.--Any monthly housing stipend payable under
this section during the academic year beginning on August 1
of a calendar 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.
[[Page S8958]]
SEC. 107. AVAILABILITY OF ASSISTANCE FOR LICENSURE AND
CERTIFICATION TESTS.
(a) Availability of Assistance for Additional Tests.--
Subsection (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 Assistance.--
(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
percentage increase equal to the most recent percentage
increase determined under section 3015(h).''.
(2) Conforming amendments.--Subsection (b) of such section
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:
``Sec. 3315A. National tests
``(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to
educational assistance 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.
``(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
percentage increase equal to the most recent percentage
increase determined 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
EDUCATIONAL ASSISTANCE FOR CRITICAL SKILLS OR
SPECIALTY.
(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
subsection (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 payable
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 individual
in pursuit of the program of education involved 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.
``(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 authorized 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
ASSISTANCE 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 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 Assistance.--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 Assistance.--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
compensation, 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
assistance under this chapter based on a transfer of
entitlement from more than one individual under section 3319
may not receive assistance based on transfers from more than
one such individual concurrently, 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.
[[Page S8959]]
``(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--
(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
``section 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
EDUCATIONAL ASSISTANCE BY PRIMARY CAREGIVERS OF
SERIOUSLY INJURED VETERANS AND MEMBERS OF THE
ARMED FORCES.
(a) All-volunteer Force Educational Assistance.--Subsection
(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
reasonably 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 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 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 services if the period concludes with the revocation of
the individual's designation as such a primary provider under
section 1720G(a)(7)(D) of this title.''.
(b) Certain Transferees of Post-9/11 Educational
Assistance.--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
transferred without regard to the 15-year delimiting date
specified 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 members 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 education 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 individual 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 feasible, 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
``(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 designation 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
subsection (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
PROGRAMS OF EDUCATIONAL ASSISTANCE.
(a) Bar to Duplication of Educational Assistance
Benefits.--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
section 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:
``(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
Aviation 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
Administration 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 government is deemed to be approved for purposes of
this chapter.''.
(2) Conforming amendments.--
[[Page S8960]]
(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
purposes 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''.
(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-
CONNECTED 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 subsection 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.''.
(b) Effective Date.--The amendment made by this section
shall take effect on August 1, 2011.
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Senate amendment submitted
December 13, 2010
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Senate amendment submitted
December 13, 2010
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Senate amendment agreed to: Amendment SA 4802 agreed to in Senate by Unanimous Consent.
December 13, 2010
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Senate amendment proposed (on the floor): Amendment SA 4802 proposed by Senator Durbin for Senator Akaka.(consideration: CR S8953-8954; text: CR S8954)
December 13, 2010
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Amendment SA 4802 proposed by Senator Durbin for Senator Akaka. (consideration: CR S8953-8954; text: CR S8954) To improve the bill.
December 13, 2010
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Amendment SA 4802 agreed to in Senate by Unanimous Consent.
December 13, 2010