I
111th CONGRESS
2d Session
H. R. 6430
IN THE HOUSE OF REPRESENTATIVES
November 18, 2010
Mr. Minnick 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 Improvement 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
In general
Section 3311(d)(2) of such title is amended by inserting
or section 182 of title 14
before the period at the end.
Effective date
The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to a person who, as of the date of the enactment of this Act, has not been issued a certificate of eligibility by the Secretary of Veterans Affairs for purposes of the educational assistance program under chapter 33 of title 38, United States Code.
Modification of amount of assistance and types of approved programs of education
Amount of educational assistance
Section 3313 of title 38, United States Code, is amended—
in subsection (c)—
in the matter preceding paragraph (1) by
inserting at an institution of higher learning (as defined in section
3452(f) of this title) not including flight training, correspondence courses,
apprenticeship programs or on-job training
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 regularly charged in-State students for that 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
$17,300 for each academic year; or
for the period beginning on August 1, 2011, and ending August 1, 2015, in the case of a program of education pursued by an eligible individual enrolled prior to August 1, 2011, at a nonpublic institution of higher learning that is—
located in a State where the maximum 2010–11 tuition rate exceeded $700/credit hour; and
the annual amount of established charges for that academic year is greater than $17,300, the lesser of—
the established charges for the program of education; or
the
amount of established charges payable to such eligible individual based on the
Post-9/11 GI Bill 2010–2011 Tuition and Fee In-State Maximums
as
published in the Federal Register on October 27,
2010.
; 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.
.
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—
at a rate of pursuit of 100 percent or greater, 100 percent;
at a rate of pursuit of 75 percent or greater, 75 percent; or
at a rate of pursuit of greater than 50 percent but less than 75 percent, 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—
at a rate of pursuit of 100 percent or greater, 100 percent;
at a rate of pursuit of 75 percent or greater, 75 percent; or
at a rate of pursuit of greater than 50 percent but less than 75 percent, 50 percent.
In the case of an individual pursuing a program of education through distance learning, a monthly housing stipend amount in an amount equal to the product of 50 percent 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 at a rate of pursuit of 100 percent or greater, 100 percent;
in the case of an individual enrolled in a program of education at a rate of pursuit of 75 percent or greater, 75 percent; or
in the case of an individual enrolled in a program of education at a rate of pursuit of greater than 50 percent.
.
Approved programs of education at institutions other than institutions of higher learning
Section 3313 of such title is amended—
by striking subsection (b) and inserting the following new subsection (b):
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).
;
by redesignating subsections (g), (h) (as added by subsection (a)), and (i) (as redesignated by such subsection) 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 consisting of a program of apprenticeship, other on-job training, flight training, or correspondence courses.
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.
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 3313(g) 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).
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, and by moving the margins of such clauses, as so redesignated, 2 ems to the right;
in the matter preceding clause (i), as redesignated by subparagraph (A)—
by striking The amount
and
inserting The amounts
by striking is the lesser
of—
and inserting “are the amounts as follows:
An amount equal to the lesser of—
;
in clause (ii), as redesignated by
subparagraph (A), by inserting ; or
at the end; and
by adding at the end the following new clause (iii):
the amount of assistance payable to the individual under subsection (c)(1)(A).
; 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.
Effective date for annual housing stipend rate determinations
Section 3313 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new subsection:
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 using rates for basic allowances for housing payable under section 403 of title 37 in effect as of January 1 of such calendar year.
.
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 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.
.
Assistance for national tests
In general
Chapter 33 of title 38, United States Code, is amended by inserting after section 3315 the following new section:
National tests
In general
An individual entitled to educational assistance under this chapter shall also be entitled to educational assistance for the following:
A national test for admission to an institution of higher learning as described in the last sentence of section 3452(b) of this title.
A national test providing an opportunity for course credit at an institution of higher learning as described in section 3452(f).
Amount
The amount of educational assistance payable under this chapter for a test described in subsection (a) is the lesser of—
the fee charged for the test; or
the amount of entitlement available to the individual under this chapter at the time of payment for the test under this section.
Charge against entitlement
The charge against entitlement of an individual under this chapter for payment for a national test under subsection (a) shall be charged 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.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3515 the following new item:
3315A. National tests.
.
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
.
Additional requirements and limitations
Section 3322 of such title, as amended by subsection (a), is further amended by adding at the end the following new subsections:
Bar to concurrent receipt of transferred education benefits and marine gunnery sergeant john david fry scholarship assistance
An individual who is entitled to educational assistance under both sections 3311(b)(9) and 3319 of this title 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.
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) of this title shall be a bar to the following:
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.
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.
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 of this title 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.
Bar to duplication of eligibility based on a single event or period of service
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.
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 by reason of 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.
.
Payment of educational assistance or subsistence allowances
Section 3680(a)(3)(B) of title 38, United
States Code, is amended by striking Notwithstanding the
foregoing
and all that follows through the period at the end and
inserting the following:
Notwithstanding the foregoing, the Secretary may, subject to such regulations as the Secretary shall prescribe, continue to pay allowances to any eligible veteran or eligible person who is enrolled in a course at an educational institution during periods when the educational institution is temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation. The total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed 4 weeks.
.
Increase in amount of reporting fee
Section 3684(c) of title 38, United States Code, is amended—
by striking multiplying $7
and inserting multiplying $12
; and
by striking or $11
and
inserting or $15
.
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.
.
Sunset of benefits
Title 38, United States Code, is amended by inserting the following:
Sunset of benefits
Education benefits under this chapter are limited to eligible individuals who enlisted or reenlisted before October 1, 2012.
.
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 $1426; or
; and
in subsection (b)(1), by striking
rate of—
and all that follows through ; or
and
inserting rate of $1158; or
.
Effective date
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.
Effective date
Except as otherwise provided, sections 1 through 12 of this Act shall take effect on August 1, 2011.