I
111th CONGRESS
2d Session
H. R. 5933
IN THE HOUSE OF REPRESENTATIVES
July 29, 2010
Mr. Minnick (for himself, Mr. Filner, Ms. Markey of Colorado, Mr. Perriello, Mr. Childers, Mr. Murphy of New York, Mr. Loebsack, Ms. Norton, Mr. Kissell, Mr. Carney, Ms. Ginny Brown-Waite of Florida, Mr. Bartlett, Mr. Courtney, Mr. Hall of New York, Mr. Costa, Mr. Latham, Mr. Wilson of Ohio, Mr. Kratovil, and Mr. Ellsworth) introduced the following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to improve educational assistance for veterans who served in the Armed Forces after September 11, 2001, and for other purposes.
Short title
This Act may be cited as the
Post-9/11 Veterans Educational
Assistance Improvements Act of 2010
.
Modification of entitlement to educational assistance
Modification of definitions that concern eligibility for educational assistance
Modification of definition of active duty with respect to members of reserve components generally
Paragraph (1)(B) of section 3301 of title
38, United States Code, is amended by striking of title 10.
and
inserting the following: “of title 10—
for the purpose of organizing, administering, recruiting, instructing, or training the reserve components of the Armed Forces; or
in support of a contingency operation (as defined in section 101(a) of title 10).
.
Expansion of definition of active duty to include service in National Guard for certain purposes
Paragraph (1) of such section is amended by adding at the end the following new subparagraph:
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—
in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or
in the National Guard under section 502(f) of title 32 when authorized by the President or Secretary of Defense.
.
Expansion of definition of 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.
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) of such title 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
.
Exclusion of period of service on active duty of periods of service in connection with attendance at the Coast Guard Academy
Section 3311(d)(2) of
such title is amended by inserting or section 182 of title 14
before the period at the end.
Modification of amount of assistance and types of approved programs of education
Amount of educational assistance for programs of education pursued on at least a half-Time basis
Section 3313 of title 38, United States Code, is amended—
in subsection (c)—
by striking the subsection heading and
inserting the following: Programs of education at institutions of higher learning pursued on
at least a half-Time basis.—
;
in the matter preceding paragraph (1) by
inserting at an institution of higher learning (as defined in section
3452(f) of this title)
after program of education
;
and
in paragraph (1), by amending subparagraph (A) to read as follows:
An amount equal to—
in the case that such institution is a public institution of higher learning, the established charges for the program of education; and
in the case that such institution is a non-public or foreign institution of higher learning, the lesser of—
the established charges for the program of education; or
$20,000 for each academic year.
; and
by redesignating subsection (h) as subsection (i); and
by adding at the end the following new subsection:
Annual increase in certain amounts
In general
On August 1 of each year, the Secretary shall provide an increase in the amount in effect under subsection (c)(1)(A)(ii)(II) equal to the percentage by which—
the average cost of undergraduate tuition in the United States, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made, exceeds
the average cost of undergraduate tuition in the United States, as so determined, for the academic year preceding the academic year described in subparagraph (A).
Applicability
Any increase under paragraph (1) shall only apply to academic terms beginning on or after the date on which the increase is made and shall be rounded to the nearest whole dollar amount.
.
Amount of educational assistance for programs of education pursued on less than a half-Time basis
Subsection (f) of section 3313 of title 38, United States Code, is amended—
by striking the
subsection heading and inserting the following: Programs of education at institutions of higher
learning pursued on less than a half-Time
basis.—
;
in paragraph (1), by striking on
half-time basis or less
and inserting on less than a half-time
basis
;
in paragraph (2),
by striking on half-time basis or less
and inserting on
less than a half-time basis
; and
in paragraph (3),
by striking on half-time basis or less
and inserting on
less than a half-time basis
.
Modification of amount of monthly stipends, including stipends for part-Time study, distance learning, and pursuit of programs of education at foreign institutions of higher learning
Subparagraph (B) of section 3313(c)(1) of such title is amended—
by redesignating clause (ii) as clause (iv); and
by striking clause (i) and inserting the following new clauses:
Except as provided in clauses (ii) and (iii), for each month the individual pursues the program of education, a monthly housing stipend amount equal to the product of—
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
in the case of an individual enrolled in a program of education—
on a full-time basis, 100 percent;
on a three-quarter-time basis, 75 percent; or
on a half-time basis, 50 percent.
In the case of an individual pursuing a program of education at a foreign institution of higher learning, for each month the individual pursues the program of education, a monthly housing stipend amount equal to the product of—
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
in the case of an individual enrolled in a program of education—
on a full-time basis, 100 percent;
on a three-quarter-time basis, 75 percent; or
on a half-time basis, 50 percent.
In the case of an individual pursuing a program of education through distance learning on a half-time basis or more, a monthly housing stipend amount in an amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which the individual resides.
.
Educational assistance for approved programs of education at institutions other than institutions of higher learning
Approved programs of education at institutions other than institutions of higher learning
Subsection (b) of section 3313 of such title is amended to read as follows:
Approved programs of education
For purposes of this chapter, a program of education is an approved program of education for purposes of this chapter if the program of education is approved for purposes of chapter 30 of this title (including approval by the State approving agency concerned) and—
is offered by an institution offering postsecondary level academic instruction that leads to an associate or higher degree and such institution is an institution of higher learning (as that term is defined in section 3452(f) of this title); or
is offered by an institution offering instruction that does not lead to an associate or higher degree and such institution is an educational institution (as that term is defined in section 3452(c) of this title).
.
Assistance for pursuit of programs of education at institutions other than institutions of higher learning
Such section is further amended—
by redesignating subsections (g), (h) (as added by subsection (c)), and (i) (as redesignated by as subsection(c)) as subsections (h), (i), and (j) respectively; and
by inserting after subsection (f) the following new subsection (g):
Programs of education pursued at institutions other than institutions of higher learning
In general
Educational assistance is payable under this chapter for pursuit of an approved program of education at an institution other than an institution of higher learning.
Amount of assistance
The amounts of educational assistance payable under this chapter to each individual entitled to educational assistance under this chapter who is pursuing an approved program of education at an institution other than an institution of higher learning (as defined in section 3452(f) of this title) are amounts as follows:
In the case of an individual enrolled in a program of education consisting of on-job training or a program of apprenticeship, a stipend for each month the individual pursues the program, as follows:
For the first six-month period of the program, an amount equal to the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which the employer is located.
For the second six-month period of the program, an amount equal to 80 percent of such amount.
For the third six-month period of the program, an amount equal to 60 percent of such amount.
For any month after the first 18 months of such program, an amount equal to 40 percent of such amount.
In the case of an individual enrolled in a program of education consisting of flight training, an amount equal to the lesser of—
the established charges for the program of education; or
60 percent of the amount in effect under section 3313(c)(1)(A)(ii)(II) of this title.
In the case of an individual enrolled in a program of education that is pursued exclusively by correspondence, an amount equal to the lesser of—
the established charges for the program of education; or
55 percent of the amount in effect under section 3313(c)(1)(A)(ii)(II) of this title.
Charge against entitlement
The entitlement of an individual to educational assistance under this chapter shall be charged at the rate of one month for each month of assistance provided under this subsection.
.
Conforming amendment
Subsection (i) of such section 3313, as
redesignated by paragraph (2) of this subsection, is amended by striking
(e)(2), and (f)(2)(A)
and inserting subsections (e)(2)
and (f)(2)(A), and subparagraphs (A)(i), (B), and (C), of subsection
(g)(2)
.
Programs of education pursued on active duty
In general
Subsection (e)(2) of such section is amended—
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
in the matter preceding clause (i), as redesignated by subparagraph (A)—
by striking The amount
and
inserting The amounts
; and
by striking is the lesser
of—
and inserting “are the amounts as follows:
An amount equal to the lesser of—
; and
by adding at the end the following new subparagraph (B):
For the first month of each quarter, semester, or term, as applicable, of the program of education pursued by the individual, a lump sum amount for books, supplies, equipment, and other educational costs with respect to such quarter, semester, or term in the amount equal to—
$1,000, multiplied by
the fraction which is the portion of a complete academic year under the program of education that such quarter, semester, or term constitutes.
.
Technical amendment
Clause (ii) of subsection (e)(2)(A) of such section, as redesignated by paragraph (1)(A) of this subsection, is amended by adding a period at the end.
Modification of assistance for licensure and certification tests
Repeal of limitation on number of reimbursable tests
Subsection
(a) of section 3315 of title 38, United States Code, is amended by striking
one licensing or certification test
and inserting
licensing or certification tests
.
Charge of entitlement for receipt of assistance
Such section is further amended by striking subsection (c) and inserting the following new subsection (c):
Charge against entitlement
The charge against entitlement of an individual under this chapter for payment for a licensing or certification test under subsection (a) shall be charged for any amount of more than $2,000 at the rate of one month for each amount equal to 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.
.
Transfer of entitlement to supplemental educational assistance to Post-9/11 Educational Assistance
In general
Section 3316 of title 38, United States Code, is amended—
by redesignating subsection (c) as subsection (e); and
by inserting after subsection (b) the following new subsection (c):
Transfer of supplemental educational assistance
In general
An individual entitled to supplemental educational assistance under subchapter III of chapter 30 of this title may transfer such entitlement to entitlement for supplemental educational assistance under this section. Such individual shall receive entitlement to one month of supplemental educational assistance under this section for each month of entitlement to supplemental educational assistance so transferred.
Rate
The monthly rate of supplemental educational assistance payable to an individual who transfers entitlement under paragraph (1) shall be payable at the same rate as such entitlement would otherwise be payable to such individual under subchapter III of chapter 30 of this title.
Nature of transferred entitlement
An amount of supplemental educational assistance transferred under paragraph (1) shall be payable as an increase in the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of such section 3313(c) (as applicable).
.
Clarification on reimbursement of increased or supplemental assistance
Such section is further amended by inserting after subsection (c), as added by subsection (a)(2) of this section, the following new subsection (d):
Reimbursement
Any expense incurred by the Secretary for the provision of increased assistance or supplemental assistance to an individual under this section shall be reimbursed by the Secretary concerned.
.
Limitations on receipt of educational assistance under National Call to Service and other programs of educational assistance
Bar to duplication of educational assistance benefits
Section
3322(a) of title 38, United States Code, is amended by inserting or
section 510
after or 1607
.
Limitation on concurrent receipt of educational assistance
Section 3681(b)(2) of such title is amended
by inserting and section 510
after and
107
.
Increase in amount of reporting fee
Section 3684(c) of title 38, United States Code, is amended—
by striking multiplying $7
and inserting multiplying $21
; and
by striking or $11
and
inserting or $25
.
Amount of subsistence allowance for veterans with service-connected disabilities
Section 3108(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:
A veteran entitled to 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 national average of the monthly amount of basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5.
.
Public-private contributions for additional educational assistance extended to National Guard and Reservists
Section 3317(a) of title 38, United States Code, is amended by striking the last sentence.
Reauthorization of Veterans’ Advisory Committee on Education
Section 3692(c) of title 38, United States
Code, is amended by striking December 31, 2009
and inserting
December 31, 2016
.
Modification to Montgomery G.I. Bill cost of living adjustments
In general
Section 3015 of title 38, United States Code, is amended—
by striking subsection (h);
in subsection
(a)(1), by striking rate of—
and all that follows through
; or
and inserting rate of $1368; or
; and
in subsection (b)(1), by striking
rate of—
and all that follows through ; or
and
inserting rate of $1111; or
.
Effective date
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.
Effective date
Sections 1 through 10 of this Act shall take effect on August 1, 2011.