Text: S.3447 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-377 (01/04/2011)

 
[111th Congress Public Law 377]
[From the U.S. Government Printing Office]



[[Page 4105]]

   POST-9/11 VETERANS EDUCATIONAL ASSISTANCE IMPROVEMENTS ACT OF 2010

[[Page 124 STAT. 4106]]

Public Law 111-377
111th Congress

                                 An Act


 
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. <<NOTE: Jan. 4, 2011 -  [S. 3447]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Post-9/11 
Veterans Educational Assistance Improvements Act of 2010.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 38 USC 101 note.>> 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.
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

[[Page 124 STAT. 4107]]

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.

[[Page 124 STAT. 4108]]

    (d) Effective Dates.--
            (1) <<NOTE: 38 USC 3301 note.>> 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). <<NOTE: Time period.>> 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) <<NOTE: 38 USC 3301 note.>> One station unit training.--
        The amendment made by subsection (a)(2) shall take effect on the 
        date of the enactment of this Act.
            (3) <<NOTE: 38 USC 3301 note.>> 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) <<NOTE: 38 USC 3311 note.>> 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) <<NOTE: 38 USC 3311 note.>> 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.

[[Page 124 STAT. 4109]]

                          ``(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

[[Page 124 STAT. 4110]]

                      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) <<NOTE: Applicability. 38 USC 3313 note.>> 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:

[[Page 124 STAT. 4111]]

                          ``(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

[[Page 124 STAT. 4112]]

                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) <<NOTE: Applicability. 38 USC 3313 note.>> 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) <<NOTE: Applicability. 38 USC 3313 note.>> 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

[[Page 124 STAT. 4113]]

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

[[Page 124 STAT. 4114]]

                      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

[[Page 124 STAT. 4115]]

                                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

[[Page 124 STAT. 4116]]

                                        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

[[Page 124 STAT. 4117]]

                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) <<NOTE: Applicability. 38 USC 3313 note.>> 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:

[[Page 124 STAT. 4118]]

    ``(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) <<NOTE: 38 USC 3313 note.>> 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, 
        $1,460; 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) <<NOTE: Applicability. 38 USC 3313 note.>> 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. <<NOTE: 38 USC 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.

[[Page 124 STAT. 4119]]

    ``(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) <<NOTE: Applicability. 38 USC 3315A note.>> 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

[[Page 124 STAT. 4120]]

                      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) <<NOTE: 10 USC 2006 note.>> 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) <<NOTE: 38 USC 3319 note.>> 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

[[Page 124 STAT. 4121]]

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.
            ``(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) <<NOTE: 38 USC 3322 note.>> 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--

[[Page 124 STAT. 4122]]

            (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 <<NOTE: Time period.>> 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 <<NOTE: Determination. Regulations.>> 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

[[Page 124 STAT. 4123]]

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

[[Page 124 STAT. 4124]]

                                            ``(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) <<NOTE: Applicability. 38 USC 3031 note.>> 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) <<NOTE: 38 USC 3322 note.>> 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:

[[Page 124 STAT. 4125]]

    ``(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.''.
                    (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''.

[[Page 124 STAT. 4126]]

    (d) Disapproval of Courses.--Section 3679(a) is amended by inserting 
``the Secretary or'' after ``disapproved by'' both places it appears.
    (e) <<NOTE: 38 USC 3034 note.>> 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) <<NOTE: 38 USC 3684 note.>> 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) <<NOTE: 38 USC 3684 note.>> 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.''.

[[Page 124 STAT. 4127]]

    (b) <<NOTE: 38 USC 3680 note.>> Effective Date.--The amendment made 
by this section shall take effect on August 1, 2011.

    Approved January 4, 2011.

LEGISLATIVE HISTORY--S. 3447:
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-346 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 156 (2010):
            Dec. 13, considered and passed Senate.
            Dec. 15, 16, considered and passed House.

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