Post-9/11 Veterans Educational Assistance Improvement Act of 2010 - Revises provisions concerning the Department of Veterans Affairs (VA) 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) provide an annual effective date for stipend rates; (6) repeal the limit on the use of such assistance for the payment of only one licensing or certification test; (7) allow the use of educational assistance for the payment of national admission tests and tests for determining course credit; (8) bar the duplication of benefits under certain VA educational assistance programs; (9) bar the concurrent receipt of educational assistance benefits transferred to children; (10) allow the Secretary of Veterans Affairs to make certain subsistence allowance payments to enrolled veterans when an institution is temporarily closed; (11) increase the amount of the reporting fee paid by the Secretary to an institution for providing information concerning an individual's enrollment in a program of education; (12) limit assistance benefits to individuals who enlisted or reenlisted before October 1, 2012; and (13) revise cost-of-living adjustments under the Montgomery GI Bill educational assistance program.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6430 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6430
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
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.
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 Improvement 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.--
(1) 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.
(2) 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.
SEC. 3. MODIFICATION OF AMOUNT OF ASSISTANCE AND TYPES OF APPROVED
PROGRAMS OF EDUCATION.
(a) Amount of Educational Assistance.--Section 3313 of title 38,
United States Code, is amended--
(1) in subsection (c)--
(A) 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
(B) 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 regularly charged in-State
students for that 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) $17,300 for each academic
year; or
``(iii) 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--
``(I) located in a State where the
maximum 2010-11 tuition rate exceeded
$700/credit hour; and
``(II) the annual amount of
established charges for that academic
year is greater than $17,300, the
lesser of--
``(aa) the established
charges for the program of
education; or
``(bb) 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
(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) 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) at a rate of pursuit
of 100 percent or greater, 100
percent;
``(bb) at a rate of pursuit
of 75 percent or greater, 75
percent; or
``(cc) at a rate of pursuit
of greater than 50 percent but
less than 75 percent, 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) at a rate of pursuit
of 100 percent or greater, 100
percent;
``(bb) at a rate of pursuit
of 75 percent or greater, 75
percent; or
``(cc) at a rate of pursuit
of greater than 50 percent but
less than 75 percent, 50
percent.
``(iii) 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--
``(I) in the case of an individual
enrolled in a program of education at a
rate of pursuit of 100 percent or
greater, 100 percent;
``(II) 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
``(III) in the case of an
individual enrolled in a program of
education at a rate of pursuit of
greater than 50 percent.''.
(c) Approved Programs of Education at Institutions Other Than
Institutions of Higher Learning.--Section 3313 of such title is
amended--
(1) by striking subsection (b) and inserting the following
new subsection (b):
``(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) 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
(3) 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
consisting of a program of apprenticeship, other on-job
training, flight training, or correspondence courses.
``(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.
``(D) 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).
``(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.''.
(4) 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)''.
(d) 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, and by moving the
margins of such clauses, as so redesignated, 2 ems to
the right;
(B) in the matter preceding clause (i), as
redesignated by subparagraph (A)--
(i) by striking ``The amount'' and
inserting ``The amounts''
(ii) by striking ``is the lesser of--'' and
inserting ``are the amounts as follows:
``(A) An amount equal to the lesser of--'';
(iii) in clause (ii), as redesignated by
subparagraph (A), by inserting ``; or'' at the
end; and
(iv) by adding at the end the following new
clause (iii):
``(iii) the amount of assistance payable to
the individual under subsection (c)(1)(A).'';
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. 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:
``(k) 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.''.
SEC. 5. 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 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. 6. ASSISTANCE FOR NATIONAL TESTS.
(a) In General.--Chapter 33 of title 38, United States Code, 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) of this title.
``(2) A national test providing an opportunity for course
credit at an institution of higher learning as described in
section 3452(f).
``(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 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.''.
(b) 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.''.
SEC. 7. 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''.
(c) 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:
``(e) 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.
``(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) of this title 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.
``(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 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.
``(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 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.''.
SEC. 8. 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.''.
SEC. 9. 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 $12''; and
(2) by striking ``or $11'' and inserting ``or $15''.
SEC. 10. 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. 11. SUNSET OF BENEFITS.
Title 38, United States Code, is amended by inserting the
following:
``Sec. 3037. Sunset of benefits
``Education benefits under this chapter are limited to eligible
individuals who enlisted or reenlisted before October 1, 2012.''.
SEC. 12. 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 $1426;
or''; and
(3) in subsection (b)(1), by striking ``rate of--'' and all
that follows through ``; or'' and inserting ``rate of $1158;
or''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 13. EFFECTIVE DATE.
Except as otherwise provided, sections 1 through 12 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.
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