Post-9/11 Veterans Educational Assistance Improvements Act of 2010 - Revises provisions concerning the post-9/11 veterans' educational assistance program to, among other things: (1) revise definitions concerning eligibility, and include certain National Guard service as service qualifying for such assistance; (2) revise assistance amounts (including monthly stipends), and types of approved programs of education; (3) allow the pursuit of educational programs at institutions other than institutions of higher learning, including on-job training and apprenticeships, flight training, and correspondence courses; (4) provide an assistance amount for programs of education pursued while on active duty; (5) repeal the limit on the use of such assistance for the payment of only one licensing or certification test; (6) allow an individual entitled to supplemental educational assistance to transfer such entitlement to the post-9/11 program; (7) bar the duplication of benefits under other educational assistance programs; (8) increase the amount of the reporting fee paid by the Secretary of Veterans Affairs (VA) to an educational institution for providing information concerning an individual's enrollment in a program of education; (9) extend to certain National Guard and reserve personnel members eligibility to receive public-private contributions for additional educational assistance; (10) reauthorize through 2016 the Veterans' Advisory Committee on Education; and (11) revise cost-of-living adjustments under the Montgomery GI Bill educational assistance program.
Provides an alternate subsistence allowance amount for veterans entitled to such allowance due to service-connected disabilities.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5933 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5933
To amend title 38, United States Code, to improve educational
assistance for veterans who served in the Armed Forces after September
11, 2001, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2010
Mr. Minnick (for himself, Mr. Filner, Ms. Markey of Colorado, Mr.
Perriello, Mr. Childers, Mr. Murphy of New York, Mr. Loebsack, Ms.
Norton, Mr. Kissell, Mr. Carney, Ms. Ginny Brown-Waite of Florida, Mr.
Bartlett, Mr. Courtney, Mr. Hall of New York, Mr. Costa, Mr. Latham,
Mr. Wilson of Ohio, Mr. Kratovil, and Mr. Ellsworth) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve educational
assistance for veterans who served in the Armed Forces after September
11, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post-9/11 Veterans Educational
Assistance Improvements Act of 2010''.
SEC. 2. MODIFICATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE.
(a) Modification of Definitions That Concern Eligibility for
Educational Assistance.--
(1) Modification of definition of active duty with respect
to members of reserve components generally.--Paragraph (1)(B)
of section 3301 of title 38, United States Code, is amended by
striking ``of title 10.'' and inserting the following: ``of
title 10--
``(i) for the purpose of organizing,
administering, recruiting, instructing, or
training the reserve components of the Armed
Forces; or
``(ii) in support of a contingency
operation (as defined in section 101(a) of
title 10).''.
(2) Expansion of definition of active duty to include
service in national guard for certain purposes.--Paragraph (1)
of such section is amended by adding at the end the 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 Secretary of Defense.''.
(3) 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.
(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) 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''.
(c) Exclusion of Period of Service on Active Duty of Periods of
Service in Connection With Attendance at the Coast Guard Academy.--
Section 3311(d)(2) of such title is amended by inserting ``or section
182 of title 14'' before the period at the end.
SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND TYPES OF APPROVED
PROGRAMS OF EDUCATION.
(a) Amount of Educational Assistance for Programs of Education
Pursued on at Least a Half-Time Basis.--Section 3313 of title 38,
United States Code, is amended--
(1) in subsection (c)--
(A) by striking the subsection heading and
inserting the following: ``Programs of Education at
Institutions of Higher Learning Pursued on at Least a
Half-Time Basis.--'';
(B) 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
(C) in paragraph (1), by amending subparagraph (A)
to read as follows:
``(A) An amount equal to--
``(i) in the case that such institution is
a public institution of higher learning, the
established charges for the program of
education; and
``(ii) in the case that such institution is
a non-public or foreign institution of higher
learning, the lesser of--
``(I) the established charges for
the program of education; or
``(II) $20,000 for each academic
year.''; and
(2) by redesignating subsection (h) as subsection (i); and
(3) by adding at the end the following new subsection:
``(h) Annual Increase in Certain Amounts.--
``(1) In general.--On August 1 of each year, the Secretary
shall provide an increase in the amount in effect under
subsection (c)(1)(A)(ii)(II) equal to the percentage by which--
``(A) the average cost of undergraduate tuition in
the United States, as determined by the National Center
for Education Statistics, for the last academic year
preceding the beginning of the fiscal year for which
the increase is made, exceeds
``(B) the average cost of undergraduate tuition in
the United States, as so determined, for the academic
year preceding the academic year described in
subparagraph (A).
``(2) Applicability.--Any increase under paragraph (1)
shall only apply to academic terms beginning on or after the
date on which the increase is made and shall be rounded to the
nearest whole dollar amount.''.
(b) Amount of Educational Assistance for Programs of Education
Pursued on Less Than a Half-Time Basis.--Subsection (f) of section 3313
of title 38, United States Code, is amended--
(1) by striking the subsection heading and inserting the
following: ``Programs of Education at Institutions of Higher
Learning Pursued on Less Than a Half-Time Basis.--'';
(2) in paragraph (1), by striking ``on half-time basis or
less'' and inserting ``on less than a half-time basis'';
(3) in paragraph (2), by striking ``on half-time basis or
less'' and inserting ``on less than a half-time basis''; and
(4) in paragraph (3), by striking ``on half-time basis or
less'' and inserting ``on less than a half-time basis''.
(c) Modification of Amount of Monthly 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--
(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 the individual
pursues the program of education, a monthly
housing stipend amount equal to the product
of--
``(I) the monthly amount of the
basic allowance for housing payable
under section 403 of title 37 for a
member with dependents in pay grade E-5
residing in the military housing area
that encompasses all or the 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) in the case of an individual
enrolled in a program of education--
``(aa) on a full-time
basis, 100 percent;
``(bb) on a three-quarter-
time basis, 75 percent; or
``(cc) on a half-time
basis, 50 percent.
``(ii) In the case of an individual
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--
``(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) in the case of an individual
enrolled in a program of education--
``(aa) on a full-time
basis, 100 percent;
``(bb) on a three-quarter-
time basis, 75 percent; or
``(cc) on a half-time
basis, 50 percent.
``(iii) 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.''.
(d) Educational Assistance for Approved Programs of Education at
Institutions Other Than Institutions of Higher Learning.--
(1) 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:
``(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--
``(1) 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
``(2) 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).''.
(2) Assistance for pursuit of programs of education at
institutions other than institutions of higher learning.--Such
section is further amended--
(A) 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
(B) by inserting after subsection (f) the following
new subsection (g):
``(g) Programs of Education Pursued at Institutions Other Than
Institutions of Higher Learning.--
``(1) 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.
``(2) Amount of assistance.--The amounts of educational
assistance payable under this chapter to each individual
entitled to educational assistance under this chapter who is
pursuing an approved 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:
``(A) 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:
``(i) For the first six-month period of the
program, an amount equal to the monthly amount
of the basic allowance for housing payable
under section 403 of title 37 for a member with
dependents in pay grade E-5 residing in the
military housing area that encompasses all or
the majority portion of the ZIP code area in
which the employer is located.
``(ii) For the second six-month period of
the program, an amount equal to 80 percent of
such amount.
``(iii) For the third six-month period of
the program, an amount equal to 60 percent of
such amount.
``(iv) For any month after the first 18
months of such program, an amount equal to 40
percent of such amount.
``(B) In the case of an individual enrolled in a
program of education consisting of flight training, an
amount equal to the lesser of--
``(i) the established charges for the
program of education; or
``(ii) 60 percent of the amount in effect
under section 3313(c)(1)(A)(ii)(II) of this
title.
``(C) In the case of an individual enrolled in a
program of education that is pursued exclusively by
correspondence, an amount equal to the lesser of--
``(i) the established charges for the
program of education; or
``(ii) 55 percent of the amount in effect
under section 3313(c)(1)(A)(ii)(II) of this
title.
``(3) Charge against entitlement.--The entitlement of an
individual to educational assistance under this chapter shall
be charged at the rate of one month for each month of
assistance provided under this subsection.''.
(3) Conforming amendment.--Subsection (i) of such section
3313, as redesignated by paragraph (2) of this subsection, is
amended by striking ``(e)(2), and (f)(2)(A)'' and inserting
``subsections (e)(2) and (f)(2)(A), and subparagraphs (A)(i),
(B), and (C), of subsection (g)(2)''.
(e) Programs of Education Pursued on Active Duty.--
(1) In general.--Subsection (e)(2) of such section is
amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) in the matter preceding clause (i), as
redesignated by subparagraph (A)--
(i) by striking ``The amount'' and
inserting ``The amounts''; and
(ii) by striking ``is the lesser of--'' and
inserting ``are the amounts as follows:
``(A) An amount equal to the lesser of--''; and
(C) by adding at the end the following new
subparagraph (B):
``(B) For the first month of each quarter,
semester, or term, as applicable, of the program of
education pursued by the individual, a lump sum amount
for books, supplies, equipment, and other educational
costs with respect to such quarter, semester, or term
in the amount equal to--
``(i) $1,000, multiplied by
``(ii) the fraction which is the portion of
a complete academic year under the program of
education that such quarter, semester, or term
constitutes.''.
(2) 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.
SEC. 4. MODIFICATION OF ASSISTANCE FOR LICENSURE AND CERTIFICATION
TESTS.
(a) 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''.
(b) Charge of Entitlement for Receipt of Assistance.--Such section
is further amended by striking subsection (c) and inserting the
following new subsection (c):
``(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.''.
SEC. 5. TRANSFER OF ENTITLEMENT TO SUPPLEMENTAL EDUCATIONAL ASSISTANCE
TO POST-9/11 EDUCATIONAL ASSISTANCE.
(a) In General.--Section 3316 of title 38, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Transfer of Supplemental Educational Assistance.--
``(1) 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.
``(2) 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.
``(3) 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).''.
(b) 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):
``(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.''.
SEC. 6. 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) of title 38, United States Code, is amended by inserting ``or
section 510'' after ``or 1607''.
(b) Limitation on Concurrent Receipt of Educational Assistance.--
Section 3681(b)(2) of such title is amended by inserting ``and section
510'' after ``and 107''.
SEC. 7. INCREASE IN AMOUNT OF REPORTING FEE.
Section 3684(c) of title 38, United States Code, is amended--
(1) by striking ``multiplying $7'' and inserting
``multiplying $21''; and
(2) by striking ``or $11'' and inserting ``or $25''.
SEC. 8. 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:
``(4) 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.''.
SEC. 9. 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.
SEC. 10. 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''.
SEC. 11. MODIFICATION TO MONTGOMERY G.I. BILL COST OF LIVING
ADJUSTMENTS.
(a) In General.--Section 3015 of title 38, United States Code, is
amended--
(1) by striking subsection (h);
(2) in subsection (a)(1), by striking ``rate of--'' and all
that follows through ``; or'' and inserting ``rate of $1368;
or''; and
(3) in subsection (b)(1), by striking ``rate of--'' and all
that follows through ``; or'' and inserting ``rate of $1111;
or''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 12. EFFECTIVE DATE.
Sections 1 through 10 of this Act shall take effect on August 1,
2011.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line