The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Congressional research reportJan 31, 2011
Ask Donna
What actually matters in this document.
Text
The Post-9/11 Veterans Educational Assistance
Improvements Act of 2010, As Enacted
Cassandria Dortch
Analyst in Education Policy
January 31, 2011
Congressional Research Service
7-5700
www.crs.gov
R41620
CRS Report for Congress
Prepared for Members and Committees of Congress
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Summary
The Post-9/11 Veterans Educational Assistance Act of 2008 (Title 38 U.S.C., Chapter 33),
commonly called the Post-9/11 GI Bill, was enacted as Title V of P.L. 110-252. It became
effective August 1, 2009. Following enactment, concerns were raised about several aspects of the
Post-9/11 GI Bill, and calls were made for the program to be amended. These included proposals
to expand eligibility and to improve the program’s implementation, administration, and benefits.
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (P.L. 111-377) was
enacted on January 4, 2011. It amends the Post-9/11 GI Bill and other veterans educational
assistance programs. Major amendments made by P.L. 111-377 to the Post-9/11 GI Bill and other
veterans educational assistance programs include the following:
•
Certain full-time duty by National Guard members under Title 32 is included in
the qualifying active duty service period.
•
Active duty service obligations based on an appointment at the U.S. Coast Guard
Academy (USCGA) are excluded from the qualifying active duty service period.
•
Up to full in-state tuition and fees less certain waivers, reductions, scholarships,
and assistance to degree-seeking individuals will be available to those who attend
public institutions of higher learning (IHLs) more than half-time.
•
Up to $17,500 in tuition and fees will be available to degree-seeking individuals
who attend private or foreign IHLs more than half-time.
•
A reduced monthly housing allowance will be provided to degree-seeking
individuals who attend IHLs more than half-time but less than full-time.
•
Degree-seeking individuals who attend IHLs more than half-time exclusively
through distance learning will be eligible for a monthly housing allowance.
•
Degree-seeking individuals on active duty who are enrolled more than half-time
will be eligible for a books and supplies stipend, but the tuition and fees benefit
will be limited.
•
The approved programs of education will be expanded to include on-the-job,
apprenticeship, flight, and correspondence training and programs at non-IHLs.
•
The number of licensing and certification tests eligible for reimbursement will be
unlimited as long as the individual has sufficient entitlement remaining.
•
The transfer of benefits to dependents will be authorized for commissioned
officers in the Public Health Service (PHS) and National Oceanic and
Atmospheric Administration (NOAA).
•
Reporting fees to training establishments and educational institutions for
administering veterans educational assistance programs will be increased.
•
Individuals eligible for both Vocational Rehabilitation and Employment (VR&E;
Title 38 U.S.C., Chapter 31) and the Post-9/11 GI Bill will be eligible for an
increased housing allowance.
•
Most payments between academic terms for all the veterans educational
assistance programs will be eliminated.
Congressional Research Service
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Contents
Introduction ................................................................................................................................1
Amendments to the Post-9/11 GI Bill ..........................................................................................4
Eligible Individuals ...............................................................................................................4
Title 32 Service Eligibility ..............................................................................................4
Definition of Entry-Level and Skill Training ...................................................................5
Covered Discharges or Releases ......................................................................................5
Service Obligation from the U.S. Coast Guard Academy .................................................6
Benefit Availability and Duration ..........................................................................................6
No Concurrent Receipt of Fry Scholarship and Transferred Benefits................................6
Ineligibility for Compensation, DIC, and Pension and Fry Scholarship ............................7
No Concurrent Receipt of Transferred Benefits ...............................................................8
Election of Fry Scholarship or DEA ................................................................................8
Extension of Delimiting Dates for Primary Caregivers ....................................................8
Eligible Programs of Education.............................................................................................8
Benefit Payments ..................................................................................................................9
Annual Adjustment of the Monthly Housing Allowance ..................................................9
Degree-Seeking, Non-Active Duty Individuals Enrolled More than Half-Time .............. 10
Degree-Seeking, Active Duty Individuals Enrolled More than Half-Time ...................... 14
Individuals Pursuing Apprenticeship or On-the-Job Training More than
Half-Time .................................................................................................................. 15
Flight Trainees Enrolled More than Half-Time .............................................................. 16
Correspondence Trainees Enrolled More than Half-Time............................................... 16
Non-Degree-Seeking Individuals Enrolled More than Half-Time................................... 17
Individuals Enrolled Half-Time or Less......................................................................... 18
Licensing and Certification Tests................................................................................... 19
National Tests ............................................................................................................... 19
Additional Educational Assistance for Critical Skills or Specialty.................................. 20
Transferability to Dependents.............................................................................................. 20
Amendments to the Montgomery GI Bill-Active Duty............................................................... 20
Amendments to the Survivors’ and Dependents’ Educational Assistance Program...................... 21
Amendments to the Vocational Rehabilitation and Employment Program .................................. 22
Administration of Veterans Educational Assistance Programs .................................................... 23
Ineligibility for Multiple GI Bills Based on Same Service ................................................... 23
No Concurrent Receipt of National Call to Service Benefits ................................................ 23
Approval of Courses ........................................................................................................... 23
Reporting Fees .................................................................................................................... 24
Elimination of Most Interval Payments................................................................................ 24
Tables
Table 1. Percentage of Maximum Post-9/11 GI Bill Tuition, Fees, Housing Allowance,
and Books and Supplies Benefits Based on Aggregate Length of Active Duty Service ............ 10
Table A-1. Summary of Key Changes Made by the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010.................................................................................... 26
Congressional Research Service
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Appendixes
Appendix. Summary of Key Changes Made by the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010.................................................................................... 26
Contacts
Author Contact Information ...................................................................................................... 31
Congressional Research Service
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Introduction
The Post-9/11 Veterans Educational Assistance Act of 2008 (Title 38 U.S.C., Chapter 33),
commonly called the Post-9/11 GI Bill, was enacted as Title V of P.L. 110-252. It became
effective August 1, 2009. For a full description of the Post-9/11 GI Bill, see CRS Report R40723,
Educational Assistance Programs Administered by the U.S. Department of Veterans Affairs, by
Cassandria Dortch. The Post-9/11 GI Bill was designed to provide financially comprehensive
educational benefits to members of the Armed Forces for service on active duty after September
10, 2001, while meeting military recruiting and retention goals.
Following enactment, concerns were raised about several aspects of the Post-9/11 GI Bill, and
calls were made for the program to be amended. These included proposals to expand eligibility
and to improve the program’s implementation, administration, and benefits. The 111th
Congressional veterans committees held at least nine hearings to review progress and examine
issues related to implementation, administration, benefit recipients, and the scope of the benefits.
The 111th Congress introduced more than 30 bills (and companion bills) to amend the Post-9/11
GI Bill by revising provisions that specify benefit allowances, the approved programs of
education, participant eligibility, and transferability to dependents. The Senate Committee on
Veterans’ Affairs determined that “early experiences with the [Post-9/11 GI Bill] demonstrated
that, in a number of instances, the new program was extraordinarily complex, was difficult to
understand, and resulted in inequities.”1
The first major revision to the Post-9/11 GI Bill since its enactment established the Marine
Gunnery Sergeant John David Fry Scholarship (Fry Scholarship) within the Post-9/11 GI Bill.
The Fry Scholarship was established by the Supplemental Appropriations Act 2009 (P.L. 111-32).
The Fry Scholarship provides some Post-9/11 GI Bill benefits to the children of individuals who,
on or after September 11, 2001, die in the line of duty while serving on active duty as a member
of the Armed Forces.
Senator Daniel K. Akaka introduced the Post-9/11 Veterans Educational Assistance Improvements
Act of 2010 (Improvements Act; S. 3447) on May 27, 2010. The Senate Committee on Veterans’
Affairs held a hearing on the bill on July 21, 2010, and voted, without dissent, to report S. 3447
favorably with an amendment in the nature of a substitute on August 5, 2010. The Congressional
Budget Office (CBO) estimated that the bill, as approved by the Senate Committee on Veterans
Affairs, would increase direct spending for veterans readjustment benefits by about $2.3 billion
over the period from FY2011 to FY2020. A second amendment of the bill was prepared based on
feedback from key stakeholders and to comply with the Statutory Pay-As-You-Go Act of 2010
(P.L. 111-139).2 CBO estimated that the second amendment would decrease direct spending for
veterans readjustment benefits by about $734 million over the FY2011-FY2020 period. The
Improvements Act, as amended by the second amendment, passed the Senate by unanimous
consent on December 13, 2010, and passed the House by a vote of 409-3 on December 16, 2010.
It amends the Post-9/11 GI Bill and other veterans educational assistance programs. The Post-
1
U.S. Congress, Senate Committee on Veterans’ Affairs, Post-9/11 Veterans Educational Assistance Improvements Act
of 2010, To accompany S. 3447, 111th Cong., 2nd sess., October 26, 2010, S.Rept. 111-346 (Washington, DC: GPO,
2010), p. 6.
2
For detailed information on the Statutory Pay-As-You-Go-Act of 2010, see CRS Report R41157, The Statutory PayAs-You-Go Act of 2010: Summary and Legislative History, by Bill Heniff Jr.
Congressional Research Service
1
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
9/11 Veterans Educational Assistance Improvements Act of 2010 (P.L. 111-377) was enacted on
January 4, 2011.
Some of the major issues encountered during the implementation of the Post-9/11 GI Bill, as
originally enacted, and during the implementation of the other veterans educational assistance
programs that P.L. 111-377 is intended to address include the following:
•
Full-time duty under a Title 32 call to order by National Guard members was
excluded from the active duty service eligibility period for the Post-9/11 GI Bill,
as originally enacted. Other GI Bills, 3 like the Montgomery GI Bill-Active Duty
(MGIB-AD; Title 38 U.S.C., Chapter 30) and Reserves Educational Assistance
Program (REAP; Title 10 U.S.C., Chapter 1607), provide some coverage for
National Guard personnel serving in a Title 32 status.4 The Senate Committee on
Veterans’ Affairs termed the exclusion of such service in the Post-9/11 GI Bill an
“inadvertent oversight.”5
•
Many educational and training options were excluded from the approved
programs of education under the Post-9/11 GI Bill, as originally enacted. Several
veterans service organizations6 requested this amendment so that eligible
individuals would have the maximum choice in education and training options as
provided in the other GI Bills.
•
Tying the maximum tuition and fees benefit to the highest in-state undergraduate
tuition and fees charged in each state was criticized for being complicated,
inequitable, and difficult to administer under the Post-9/11 GI Bill, as originally
enacted. There is great variability in tuition and fees charges between states and,
sometimes, in the middle of the academic year.
•
The separation of established charges into a tuition benefit and a fees benefit
through U.S. Department of Veterans Affairs (VA) regulations for the Post-9/11
GI Bill, as originally enacted, was criticized for complicating the determination
of an individual’s tuition and fees benefit amount.
3
The other GI Bills are the Montgomery GI Bill-Active Duty (MGIB-AD; 38 U.S.C., Chapter 30), the Vocational
Rehabilitation and Employment Program (VR&E; 38 U.S.C., Chapter 31), the Post-Vietnam Era Veterans Educational
Assistance Program (38 U.S.C., Chapter 32), the Survivors’ and Dependents’ Educational Assistance Program (DEA;
38 U.S.C., Chapter 35), the Montgomery GI Bill-Selected Reserve (MGIB-SR; 10 U.S.C., Chapter 1606), and the
Reserve Educational Assistance Program (REAP; 10 U.S.C., Chapter 1607).
4
The definition of “active duty” for the Montgomery GI Bill-Active Duty “includes full-time National Guard duty first
performed after June 30, 1985, by a member of the Army National Guard of the United States or the Air National
Guard of the United States in the member’s status as a member of the National Guard of a State for the purpose of
organizing, administering, recruiting, instructing, or training the National Guard” (38 U.S.C. 3002 (7)). The Reserve
Educational Assistance Program provides coverage to a member of the reserve component who “(1) served on active
duty in support of a contingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army
National Guard of the United States or Air National Guard of the United States, performed full time National Guard
duty under section 502(f) of title 32 for 90 consecutive days or more when authorized by the President or Secretary of
Defense for the purpose of responding to a national emergency declared by the President and supported by Federal
funds” (10 U.S.C. 16163(a)).
5
U.S. Congress, Senate Committee on Veterans’ Affairs, Post-9/11 Veterans Educational Assistance Improvements Act
of 2010, To accompany S. 3447, 111th Cong., 2nd sess., October 26, 2010, S.Rept. 111-346 (Washington, DC: GPO,
2010), p. 7.
6
For example, see Veterans of Foreign Wars, The Independent Budget for the Department of Veterans Affairs, Fiscal
Year 2011, pp. 34-35.
Congressional Research Service
2
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
•
Individuals enrolled in a program of education offered through distance learning
were not eligible for the housing allowance under the Post-9/11 GI Bill, as
originally enacted. Veterans service organizations asserted that excluding
individuals enrolled exclusively in a program of education through distance
learning from the housing allowance is unfair and does not take into
consideration the unique needs and circumstances of veterans.7
•
Individuals enrolled more than half-time while on active duty and their spouses
to whom Post-9/11 GI Bill benefits were transferred were eligible for up to the
full tuition and fees charged by the institution of higher learning (IHL) under the
Post-9/11 GI Bill, as originally enacted. Some deemed it inequitable that
individuals on active duty could receive up to full tuition and fees at the most
expensive private IHLs.
•
An individual was not eligible to receive reimbursement for more than one
approved licensing or certification test under the Post-9/11 GI Bill, as originally
enacted. The other GI Bills place no limit on the number of tests.
•
Commissioned officers of the Public Health Service (PHS) and National Oceanic
and Atmospheric Administration (NOAA) were excluded from transferring their
Post-9/11 GI Bill benefits to their dependents under the Post-9/11 GI Bill, as
originally enacted. This was considered inequitable by some, including the
Commissioned Officers Association of the U.S. Public Health Service.8
•
Individuals in the Vocational Rehabilitation and Employment Program (VR&E;
38 U.S.C., Chapter 31) were not eligible while participating in vocational
rehabilitation training for a subsistence allowance comparable to the housing
allowance offered under the Post-9/11 GI Bill. The VR&E subsistence allowance
was lower than that under the Post-9/11 GI Bill.
•
The activities to approve programs of education by the VA for the GI Bills and by
the U.S. Department of Education (ED) for Title IV assistance programs
overlap.9 This overlap was highlighted as a potential opportunity to reduce
duplicative efforts in a 2007 report by the Government Accountability Office
(GAO).10
7
See, for example, The American Legion, Fiscal Year 2010 National Commander’s Testimony for the Department of
Veteran’s Affairs, September 10, 2009, p. 25.
8
Captain Gerard M. Farrell, USN (Ret.), Implementation of the Post9/11 GI Bill, Commissioned Officers Association
of the U.S. Public Health Service (COA), For the hearing record Committee On Veterans Affairs, United States Senate,
Landover, MD, April 21, 2010, http://www.coausphs.org/documents/2010.04.20COATestimonyfor04.21.10.pdf.
9
Title IV of the Higher Education Act of 1965, as amended, authorizes several student aid programs: the Pell Grant
program, William D. Ford Federal Direct Loan (DL) Program, American Competitiveness Grant program, National
Science and Mathematics Access to Retain Talent (SMART) Grant program, Federal Supplemental Educational
Opportunity Grant (FSEOG) program, Leveraging Educational Assistance Partnership (LEAP) program, Federal WorkStudy (FWS) program, Federal Perkins Loan program, and Grants for Access and Persistence (GAP) program. For
detailed information on these programs, see CRS Report R41437, Federal Pell Grant Program of the Higher Education
Act: Background, Recent Changes, and Current Legislative Issues, by Shannon M. Mahan; CRS Report R40122,
Federal Student Loans Made Under the Federal Family Education Loan Program and the William D. Ford Federal
Direct Loan Program: Terms and Conditions for Borrowers, by David P. Smole; and CRS Report RL31618, CampusBased Student Financial Aid Programs Under the Higher Education Act, by David P. Smole.
10
U.S. Government Accountability Office (GAO), VA Student Financial Aid: Actions Needed to Reduce Overlap in
Approval Activities, GAO-07-775T, April 19, 2007, http://www.gao.gov/new.items/d07775t.pdf.
Congressional Research Service
3
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
•
The fees provided to training and educational institutions for administering the
various GI Bills had been deemed inadequate by stakeholders, including the
National Association of Veterans’ Program Administrators.11 The fees have not
changed since the GI Bill Improvement Act of 1977 (P.L. 95-202).
This report identifies and examines selected changes that the Improvements Act makes to the
Post-9/11 GI Bill and other GI Bills. 12 The Appendix presents a summary of some of the key
changes made by the Improvements Act. Each of these changes, as well as other changes, are
discussed in detail in the subsequent sections of this report.
Amendments to the Post-9/11 GI Bill
Eligible Individuals
Title 32 Service Eligibility
Prior to the Improvements Act, only a call or order to active duty under Sections 688, 12301(a),
12301(d), 12301(g), 12302, or 12304 of Title 10 U.S.C. was included in the active duty service
eligibility period required of Reservists, including National Guard members. The Improvements
Act allows National Guard members to include full-time duty under a Title 32 call to order
toward their Post-9/11 GI Bill-qualifying active duty service effective August 1, 2009.
Specifically, the Improvements Act allows members of the National Guard to include full-time
duty for service in the Active Guard and Reserve (AGR) program or on full-time duty under Title
32 U.S.C. § 502(f) for service in support of domestic emergencies, such as the airport security
mission, responding to hurricanes Katrina and Rita, and conducting the southwest border security
mission. AGR personnel are members of a reserve component who are placed on active duty or
full-time National Guard duty orders for a period of at least 180 consecutive days for the purpose
of “organizing, administering, recruiting, instructing, or training the reserve components.”13 Note
that members of the federal reserves (Army Reserve, Navy Reserve, Air Force Reserve, etc.) who
volunteer to serve in the AGR program are activated under Section 12301(d) of Title 10.
Members of the National Guard who volunteer for the National Guard AGR program, however,
are activated under Section 502(f) of Title 32. If National Guard AGR personnel were called into
federal service to serve in Iraq or Afghanistan, however, they would typically be mobilized under
10 U.S.C. § 12302. Benefit payments on behalf of eligible individuals will be issued after
September 30, 2011.
As amended by the Improvements Act, eligible qualifying active duty service for the Post-9/11 GI
Bill includes
•
full-time duty for the regular components of the Armed Forces;
11
Faith DesLauriers and David Guzman, Veterans’ Education Programs Issues and Legislative Agenda, National
Association of Veterans’ Program Administrators, Washington, DC, p. 7, http://www.navpa.org/
2010%20Issues%20and%20Legislative%20Agenda.pdf.
12
For a comprehensive description of the Post-9/11 GI Bill and for other veterans educational assistance benefits, see
CRS Report R40723, Educational Assistance Programs Administered by the U.S. Department of Veterans Affairs, by
Cassandria Dortch.
13
10 U.S.C. § 101(d)(6)(A).
Congressional Research Service
4
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
•
full-time duty for a commissioned officer of the regular or Reserve Corps of the
Public Health Service (PHS);
•
full-time duty as a commissioned officer of the National Oceanic and
Atmospheric Administration (NOAA);
•
service on active duty under a call or order to active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of Title 10 for the reserve
components of the Armed Forces;
•
full-time service in the National Guard for the purpose of organizing,
administering, recruiting, instructing, or training the National Guard; and
•
full-time service in the National Guard under Title 32 U.S.C. § 502(f) 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.
Definition of Entry-Level and Skill Training
Under the Post-9/11 GI Bill, qualifying active duty service includes service on active duty in
entry-level and skill training if the total active duty service period is at least 24 months.14 Prior to
the Improvements Act, the law defined Basic Combat Training and Advanced Individual Training
as entry-level and skill training for the Army and defined Basic Training as entry-level and skill
training for the Coast Guard.
The Improvements Act further specifies that entry-level and skill training includes one station
unit training (OSUT) for members of the Army and Skill Training (or so-called “‘A’ school”) for
members of the Coast Guard. OSUT refers to the combination of Army basic and advanced
training without a break, relocation, or change in unit. OSUT training qualifies as entry-level and
skill training upon enactment (January 4, 2011) of the Improvements Act. “A” school provides
entry-level rate-specific skills for Petty Officers. Members of the Coast Guard may enter “C”
school after “A” school for advanced Petty Officer skills. “A” school qualifies as entry-level and
skill training upon enactment (January 4, 2011) of the Improvements Act for those individuals
entering service on or after that date.
Covered Discharges or Releases
Prior to the Improvements Act, individuals discharged or released from active duty for certain
medical conditions, hardship, or certain physical or mental conditions were eligible for the Post9/11 GI Bill regardless of whether their active duty service was characterized as honorable,
dishonorable, or otherwise. All other discharges and releases must be characterized as honorable.
The Improvements Act requires that the active duty service of individuals discharged or released
from active duty for certain medical conditions, hardship, or certain physical or mental conditions
be characterized as honorable service for the individuals to be eligible for the Post-9/11 GI Bill.
14
If the period of active duty service including entry level and skill training is at least 24 months but the period of
active duty service excluding entry level and skill training is less than 18 months, the applicable active duty period is
18 months.
Congressional Research Service
5
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
This provision became effective upon enactment (January 4, 2011) of the Improvements Act for
those individuals discharged or released on or after that date.
Service Obligation from the U.S. Coast Guard Academy
Prior to the Improvements Act, active duty service periods required to meet an obligation for
education at the U.S. Military Academy (USMA), the U.S. Naval Academy (USNA), the U.S. Air
Force Academy (USAFA), or the Reserve Officer Training Corps (ROTC) were excluded from
the Post-9/11 GI Bill qualifying active duty service period. Of the five U.S. service academies,
the U.S. Coast Guard Academy (USCGA) and U.S. Merchant Marine Academy (USMMA) were
not included in the original law. The Improvements Act excludes the active duty service
obligation for accepting an appointment at the USCGA from the Post-9/11 GI Bill qualifying
active duty service period for those individuals entering into agreements for the service in the
Coast Guard on or after enactment (January 4, 2011) of the Improvements Act. Graduates of the
USCGA are generally required to fulfill an active duty service obligation in the Coast Guard.15
Graduates of the USMMA are required to apply for, and accept if tendered, a six-year
appointment in one of the reserve components.16
Benefit Availability and Duration
The Improvements Act establishes rules limiting the duplication and concurrent receipt of
benefits among the GI Bills and for individuals eligible for the same GI Bill through more than
one method. The Improvements Act also grants an extension of the benefit availability period to
certain individuals under certain circumstances.17 These amendments become effective
August 1, 2011.
No Concurrent Receipt of Fry Scholarship and Transferred Benefits
Prior to the Improvements Act, statute did not prevent individuals who are eligible for the Fry
Scholarship and who are eligible to use transferred Post-9/11 GI Bill benefits from receiving
assistance under both programs concurrently. The Fry Scholarship program is available to the
children of individuals who, on or after September 11, 2001, die in the line of duty while serving
on active duty as a member of the Armed Forces. The Improvements Act prevents individuals
who are eligible for both benefits from receiving assistance under both programs concurrently. It
does not appear that this provision prevents individuals from combining the Fry Scholarship and
transferred Post-9/11 GI Bill benefit to provide up to 48 months of total benefits.
In most instances, the Fry Scholarship provides a more generous benefit to the child. The Fry
Scholarship provides a child with 36 months of benefits, whereas transferred Post-9/11 GI Bill
benefits are limited to the number of months transferred. The Fry Scholarship may be used from
age 18 until the child’s 33rd birthday, whereas transferred Post-9/11 GI Bill benefits may be used
15
If an appointment as a commissioned officer of the Coast Guard is not tendered, the graduate must accept an
appointment as a commissioned officer in the Coast Guard Reserve.
16
46 U.S.C. § 51306.
17
The benefit availability period refers to the period during which an eligible individual must use their educational
assistance benefits. For example, by law, educational benefits under the Post-9/11 GI Bill can generally be paid only
within 15 years of discharge or release from active duty.
Congressional Research Service
6
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
by the child after achieving a high school diploma or its equivalent or reaching age 18 and before
reaching age 26. The Fry Scholarship may be used after the parent dies in the line of duty while
serving on active duty, whereas transferred Post-9/11 GI Bill benefits can only be used by a child
after the servicemember completes at least 10 years of service.
In at least two instances, transferred Post-9/11 GI Bill benefits provide a more generous benefit. A
child on active duty while receiving the Fry Scholarship will not receive the monthly housing
allowance, whereas a child on active duty while receiving transferred Post-9/11 GI Bill benefits
will receive the monthly housing allowance, if otherwise eligible. Recipients of the Fry
Scholarship are not eligible for Yellow Ribbon payments, but individuals using transferred Post9/11 GI Bill benefits are. In cases in which an IHL’s tuition and fees are not fully covered by the
tuition and fees payment benefits, the IHL may voluntarily enter into a Yellow Ribbon Program
agreement with the VA to match an equal percentage of some portion of the remaining tuition
and fees.
Ineligibility for Compensation, DIC, and Pension and Fry Scholarship
Prior to the Improvements Act, statute did not prevent an individual from accepting veterans’
dependency and indemnity compensation (DIC) or pension and the Fry Scholarship. Certain
surviving children of servicemembers killed while on active military duty may receive the
monthly DIC cash payment while under the age of 18, or between 18 and 23 while a student.18
Certain low-income dependent children of certain veterans may be eligible to receive a pension.19
Disability compensation provides a monthly cash benefit to certain veterans who are at least 10%
disabled from a service-connected disability. 20 The Improvements Act bars an individual from
accepting veterans’ dependency and indemnity compensation (DIC) or pension and the Fry
Scholarship. The Improvements Act also prevents a child over age 18 who begins receiving the
Fry Scholarship from being eligible to receive payment or increased rates, or additional amounts
of veterans’ compensation, DIC, or pension based on school attendance.
The amendments of the Improvements Act almost parallel provisions under the Survivors’ and
Dependents’ Educational Assistance Program (DEA; Title 38 U.S.C., Chapter 35). Under the
current DEA law, a child over age 18 who may also be eligible for compensation, DIC, or pension
is barred from accepting compensation, DIC, or pension and educational assistance from the
DEA, unless the child is helpless. 21 Also, under current law, once a child over age 18 begins
receiving DEA educational assistance, the child can no longer receive payment or increased rates,
or additional amounts of compensation, DIC, or pension based on school attendance. 22 The
difference between the Improvements Act provisions and the related DEA provisions is that the
Improvements Act does not prevent Fry Scholarship recipients from receiving compensation, if
eligible.
18
For more information on Dependency and Indemnity Compensation, see CRS Report R40757, Veterans’ Benefits:
Dependency and Indemnity Compensation (DIC) for Survivors, by Christine Scott.
19
For more information on pension benefit programs, see CRS Report RS22804, Veterans’ Benefits: Pension Benefit
Programs, by Christine Scott and Carol D. Davis.
20
For more information on the disability compensation program, see CRS Report RL33323, Veterans Affairs: Benefits
for Service-Connected Disabilities, by Douglas Reid Weimer.
21
38 C.F.R. § 21.3023.
22
38 U.S.C. § 3562.
Congressional Research Service
7
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
No Concurrent Receipt of Transferred Benefits
Prior to the Improvements Act, statute did not prevent an individual from using Post-9/11 GI Bill
benefits transferred from more than one servicemember concurrently. The Improvements Act
prevents concurrent use of transferred benefits. It does not appear that this provision prevents
individuals from combining Post-9/11 GI Bill benefits transferred from more than one
servicemember to provide up to 48 months of total benefits.
Election of Fry Scholarship or DEA
The Improvements Act amendments also require an individual who is eligible for both the Fry
Scholarship and DEA benefits based on the death of the same parent to elect the program from
which to receive benefits.
Extension of Delimiting Dates for Primary Caregivers
Prior to the Improvements Act, children were eligible to use their transferred Post-9/11 GI Bill
benefits after achieving a high school diploma or its equivalent, or after reaching age 18 but
before reaching age 26. The Improvements Act grants an extension of the entitlement period to
children to whom Post-9/11 GI Bill benefits are transferred and who are incapable of pursuing
their chosen program of education before age 26 as a result of being the primary caregiver. To be
granted an extension, the individual has to be the primary caregiver according to the family
caregiver assistance program (38 U.S.C. §1720G(a)) as enacted by the Caregivers and Veterans
Omnibus Health Services Act of 2010 (P.L. 111-163).
The Improvements Act amendments permit children to receive transferred Post-9/11 GI Bill
benefits at the later of age 26, once their primary caregiver responsibilities end, or once it is
feasible in accordance with VA regulations. Under the Improvements Act amendments, the child’s
entitlement period is equal to the period of incapacity—the time between starting and ending their
primary caregiver responsibilities or the time between starting their primary caregiver
responsibilities and being capable of pursuing education, whichever is greater. An individual
whose designation as a primary caregiver is revoked for failing to meet the responsibilities of the
family caregiver assistance program will not be eligible for an entitlement period extension. The
amendment becomes effective for individuals who begin a period of incapacity or suspension on
or after August 1, 2011.
Eligible Programs of Education
Prior to the Improvements Act, programs of education approved for the Post-9/11 GI Bill were
limited to courses offered by an IHL. The Improvements Act expands the approved programs of
education to include all of those approved under the MGIB-AD. Examples of such programs are
preparatory courses for admissions tests to IHLs; apprenticeship or on-the-job training;
cooperative programs; and courses or subjects, pursued by an eligible veteran at an educational
institution, required by the Administrator of the Small Business Administration (SBA) as a
condition to obtaining financial assistance under the provisions of Section 7(i)(1) of the Small
Business Act (15 U.S.C. § 636 (i)(1)). Providing benefits for additional programs of education
under the Post-9/11 GI Bill may increase the program’s cost, but it may also decrease the costs of
the other GI Bills if individuals elect to receive benefits under the Post-9/11 GI Bill. The
Congressional Research Service
8
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
amendment becomes effective on October 1, 2011, for pursuit of programs of education on or
after that date.
Benefit Payments
Prior to the Improvements Act, several different benefit payments were variously available to
individuals under the Post-9/11 GI Bill, including tuition, fees, housing allowance, books and
supplies stipends, tutorial assistance, testing and certification fees, relocation and travel
assistance, Yellow Ribbon Program payments, advance payments, supplemental assistance for
additional years of service, Kickers,23 and Tuition Assistance Top-Up. 24 As described below, the
Improvements Act amends some of the existing payments and establishes payments for the
expanded types of approved programs of education. Payments and eligibility for tutorial
assistance, relocation and travel assistance, Yellow Ribbon Program payments, advance
payments, and Tuition Assistance Top-Up were not modified.
The following sections will explain changes to benefits amounts made under the Improvements
Act. The first section describes the amendment for annual adjustments to the monthly housing
allowance for all individuals eligible for a Post-9/11 GI Bill housing allowance. The next several
sections describe tuition, fees, housing allowance, and books and supplies stipends for individuals
organized according to the type of training, active duty status, and enrollment rate. The final
sections describe changes to the testing and certification fees, the addition of national test fees,
and changes to Kickers.
Annual Adjustment of the Monthly Housing Allowance
Prior to the Improvements Act, the Post-9/11 GI Bill monthly housing allowance was determined
based on the E-5 with dependents BAH. 25 The VA adjusted the housing allowance to coincide
with DOD adjustments, which generally occur January 1 of each year. The Improvements Act sets
the housing allowance for an academic year based on the E-5 with dependents BAH of the
preceding January. For instance, the monthly housing allowance under the Post-9/11 GI Bill for
academic year (AY) 2011-12 will be based on the calendar year 2011 E-5 with dependents BAH.
This change will reduce the cost of the Post-9/11 GI Bill because the payments would not adjust
upward in the middle of the academic year. The section becomes effective on August 1, 2011.
23
To improve and target recruitment and retention, each military branch is authorized to provide a College Fund/Kicker
at recruitment, which increases the monthly allowance for individuals with critical skills, a specialty in which there is a
critical shortage, or a specialty for which it is difficult to recruit or, in the case of critical units, retain.
24
The Tuition Assistance “Top-Up” program was established under the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (P.L. 106-398) to promote retention. Through Tuition Assistance programs,
military service branches may pay tuition and expenses for the education and training of active duty personnel. Under
Tuition Assistance Top-Up, eligible service members may elect to receive GI Bill benefits to pay for education and
training expenses above the amount paid by their military service branch.
25
The E-5 with dependents BAH is a monthly basic allowance for housing (BAH) for a member of the Armed Forces
with dependents in pay grade E-5 in the military housing area for a certain location. BAH is a DOD benefit to
uniformed service members to provide housing compensation when government quarters are not provided. The amount
is based on housing costs in local civilian housing markets and is payable based on geographic duty location, pay
grade, and dependency status.
Congressional Research Service
9
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Degree-Seeking, Non-Active Duty Individuals Enrolled More than Half-Time
The Improvements Act revises the benefit payments for tuition, fees, and the monthly housing
allowance for eligible individuals who are not on active duty, are pursuing a program of education
leading to a degree (degree-seeking individuals) at an IHL,26 and are enrolled more than halftime. Individuals who are not on active duty, are enrolled more than half-time, and are pursuing
programs of education at an IHL that lead to certificates (including teaching certificates) or that
are for continuing education units are not specifically eligible for Post-9/11 GI Bill benefits as
amended by the Improvements Act.27
Tuition and Fees Benefit Amounts
Prior to the Improvements Act, degree-seeking and non-degree-seeking individuals attending
public, private, and foreign IHLs were eligible for a percentage of the established charges for the
program of education or a percentage of the maximum amount of undergraduate in-state tuition
charged for the same number of credit hours at the most expensive public institution in the state
in which the individual is enrolled, whichever is less. The percentage is determined by the length
of qualifying active duty service (Table 1).
Table 1. Percentage of Maximum Post-9/11 GI Bill Tuition, Fees, Housing Allowance,
and Books and Supplies Benefits Based on Aggregate Length of Active Duty Service
Aggregate Time Served on Qualifying Active Duty Since 9/11/2001
Percentage of
Maximum
Benefit Payable
At least 36 months
100
At least 30 continuous days on active duty and discharged due to service-connected disability
100
At least 30 months but less than 36 months
90
At least 24 months but less than 30 months
80
At least 18 months but less than 24 months
70
At least 12 months but less than 18 months
60
At least 6 months but less than 12 months
50
At least 90 days but less than 6 months
40
Source: Prepared by CRS based on Title 38 U.S.C. § 3313 and information available from the U.S. Department
of Veterans Affairs (VA).
26
An “institution of higher learning,” as defined in Title 38 U.S.C. § 3452(f), is an institution offering postsecondary
level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate
state education authority under state law to grant an associate or higher degree, or in the absence of a state education
authority, if the school is accredited for degree programs by a recognized accrediting agency. Institutions of higher
learning are also hospitals offering educational programs at the postsecondary level and foreign educational institutions
that offer courses leading to a standard college degree, or the equivalent, and that are recognized as such by the
secretary of education (or a comparable official) of the country or other jurisdiction in which the institution is located.
27
Section 102 of the Improvements Act specifies benefits for degree-seeking individuals who are not on active duty
and who are enrolled more than half-time at an IHL. Section 104 of the Improvements Act specifies benefits for
degree-seeking and non-degree-seeking individuals who are enrolled half-time or less regardless of the type of
educational institution or training establishment. Section 105 of the Improvements Act specifies benefits for nondegree-seeking individuals who are not on active duty and who are enrolled half-time or less at an IHL.
Congressional Research Service
10
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
The Improvements Act amends the tuition and fees benefit for degree-seeking individuals who
are enrolled at an IHL, are enrolled more than half-time, and are not on active duty. Individuals
attending public IHLs will be eligible for a percentage of the “actual net cost for in-state tuition
and fees” for the program of education less certain waivers, reductions, scholarships, and
assistance. Individuals attending private or foreign IHLs will be eligible for a percentage of the
lesser of $17,50028 or the “actual net cost for tuition and fees” for the program of education less
certain waivers, reductions, scholarships, and assistance. The amendments become effective
August 1, 2011, for pursuit of programs of education on or after that date.
The Improvements Act does not specify the period for which the maximum of $17,500 applies.
For instance, the $17,500 could represent the maximum cumulative payment over a 12-month
period, in which case individuals in accelerated programs and individuals who choose to graduate
early by enrolling full-time for four consecutive quarters or three consecutive semesters may
receive benefits at a lower rate.
The “actual net cost for tuition and fees” is also not defined. The law currently uses the term
“established charges” to define the lesser of the amounts charged for the course(s) determined on
the basis of the lowest extended time payment plan offered by the institution and approved by the
appropriate State Approving Agency, or the tuition and fees or charges that similarly
circumstanced nonveterans enrolled in the same course(s) are required to pay.29 Section 105 of the
Improvements Act strikes the definition of established charges. 30
The applicable waivers and reductions used to offset the “actual net cost for in-state tuition and
fees” may include state tuition waivers or reductions based on state priorities and policies. For
instance, some states provide tuition waivers to members of the National Guard attending some
public institutions.
Applicable scholarships and sources of assistance used to offset the “actual net cost for in-state
tuition and fees” are those from the federal or state government, the IHL, or an employer
provided directly to the IHL for the sole purpose of defraying tuition and fees. The applicable
scholarships and assistance will specifically exclude loans and Pell Grants.31 The Improvements
Act does not specify which loans: loans authorized under Title IV, Part D of the Higher Education
Act of 1965, as amended;32 private student loans; credit card charges; or home equity lines of
credit. Since many scholarships and most loans may be applied to tuition, fees, books, and other
living expenses, they will be excluded from the applicable scholarships and assistance. Few
28
The maximum of $17,500 for the academic year beginning August 1, 2011, increases annually thereafter according
to the average increase in undergraduate tuition in the United States as determined by the U.S. Department of
Education (ED).
29
38 U.S.C. § 3313(h).
30
Section 105 of the Improvements Act strikes the definition of established charges from current law, but will not
delete all references to the term (i.e., §3313(g) and §3317(a)).
31
Pell Grants are authorized by section 401(b) of the Higher Education Act of 1965, as amended. For more information
on Pell Grants, see CRS Report R41437, Federal Pell Grant Program of the Higher Education Act: Background,
Recent Changes, and Current Legislative Issues, by Shannon M. Mahan.
32
For more information on the Direct Loan program authorized under Title IV, Part C of the HEA, see CRS Report
R40122, Federal Student Loans Made Under the Federal Family Education Loan Program and the William D. Ford
Federal Direct Loan Program: Terms and Conditions for Borrowers, by David P. Smole. Please note that the Federal
Family Education Loan Program is no longer applicable. For more information on the Perkins Loan program
authorized under Title IV, Part D of the HEA, see CRS Report RL31618, Campus-Based Student Financial Aid
Programs Under the Higher Education Act, by David P. Smole, pp. 10-15.
Congressional Research Service
11
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
scholarships and forms of assistance are provided to the IHL solely for tuition and fees, reducing
the potential cost savings of this provision.
These amendments will not likely address the confusion caused by multiple in-state tuition and
fees charges. As amended by the Improvements Act, the VA still needs to establish the “net cost
for in-state tuition and fees” for each state separately and for undergraduate, graduate, and
professional students separately to apply to students charged out-of-state tuition and fees.
The Improvements Act may increase the basic tuition and fees benefit (excluding Yellow Ribbon
program payments) above the amounts currently provided for individuals enrolled more than halftime in graduate and professional programs at public IHLs. In FY2009, almost 5% of MGIB-AD
new beneficiaries were enrolled in graduate and professional programs. 33 ED estimates for the
AY2008-2009 that the average in-state tuition and required fees at all public degree-granting
institutions was $4,544 for full-time undergraduate students, $7,914 for full-time graduate
students, and between $14,476 and $24,787 for full-time first-professional students, depending on
the first-professional field of study. 34 The Improvements Act will provide a percentage of full
tuition and fees for undergraduate, graduate, and professional students attending public IHLs.
The Improvements Act may, on average, increase the basic tuition and fees benefit (excluding
Yellow Ribbon program payments) above amounts currently provided for degree-seeking
individuals attending private and foreign IHLs more than half-time. An individual at the
maximum benefit level (see Table 1) enrolled full-time over an academic year (24 credit hours) is
eligible for between $2,160 and $37,176 in tuition for AY2010-2011 depending on the state or
territory, according to the maximum undergraduate in-state charges per credit hour reported by
the VA.35 Six states—Michigan, New Hampshire, New York, Pennsylvania, South Carolina, and
Texas—exceed $17,500. Individuals in foreign IHLs are eligible for up to $10,553 in tuition for
24 credit hours for AY2010-2011. The Improvements Act will make degree-seeking individuals
attending private and foreign IHLs more than half-time eligible for a percentage of the lesser of
$17,50036 or the “actual net cost for tuition and fees” for the program of education less certain
waivers, reductions, scholarships, and assistance.
Since the basic tuition and fees benefit may increase, the Improvements Act may, on average,
decrease the Yellow Ribbon program payments below amounts currently provided for degreeseeking individuals attending private and foreign IHLs more than half-time. This may encourage
more schools to enter into Yellow Ribbon program agreements, increase the number of eligible
students covered by the agreement, or increase the dollar amount the school is willing to
contribute for each student.
33
U.S. Department of Veterans Affairs (VA), Veterans Benefit Administration, Annual Benefits Report: Fiscal Year
2009, p. 33.
34
T.D. Snyder and S.A. Dillow, Digest of Education Statistics 2009 (NCES 2010-013), National Center for Education
Statistics, Institute of Education Sciences, U.S. Department of Education (ED), Washington, DC, 2010, Tables 334 and
337.
35
See the maximum in-state tuition and fees as determined by the VA at http://www.gibill.va.gov/gi_bill_info/ch33/
tuition_and_fees.htm, last accessed on December 20, 2010.
36
The maximum of $17,500 for the academic year beginning August 1, 2011, increases annually thereafter according
to the average increase in undergraduate tuition in the United States as determined by the U.S. Department of
Education (ED).
Congressional Research Service
12
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Monthly Housing Allowance
Prior to the Improvements Act, degree-seeking and non-degree-seeking individuals enrolled more
than half-time received a percentage of the BAH without adjustment for their enrollment rate.
However, degree-seeking and non-degree-seeking individuals enrolled in a program of education
offered through distance learning were not eligible for the housing allowance. The VA interpreted
the statute in regulations that disallow only individuals enrolled exclusively through distance
learning from the housing allowance.
For individuals not enrolled exclusively through distance learning, the Improvements Act reduces
the monthly housing allowance received by degree-seeking individuals who are not on active
duty and who are attending IHLs less than full-time but more than half-time based on the number
of credit hours, or their equivalent, in which the individual is enrolled. For example, an individual
enrolled in 10 credit hours, assuming 12 credit hours as full-time, will receive a percentage of
0.83, rounded to the nearest multiple of 10,37 of the E-5 with dependents BAH where the IHL is
located. The percentage of the E-5 with dependents BAH is determined by the length of
qualifying active duty service (Table 1). The Improvements Act will also put into statute the VA
regulation that sets the BAH for attendance at foreign institutions equal to the national average of
the E-5 with dependents BAH. This change is similar to the other GI Bills that pay a reduced
monthly subsistence allowance to individuals enrolled less than full-time at an IHL. For example,
the MGIB-AD provides 75% of the maximum monthly subsistence allowance to individuals
enrolled less than full-time but at least three-quarter time. According to the VA Annual Benefits
Report: Fiscal Year 2009, 14% of MGIB-AD beneficiaries who began receiving education
benefits during FY2009 trained less than full-time but at least three-quarter time. The
amendments become effective August 1, 2011, for pursuit of programs of education on or after
that date.
Exclusive Distance Learning
For individuals enrolled exclusively through distance learning, the Improvements Act provides a
monthly housing allowance to degree-seeking individuals enrolled in a program of education at
an IHL on more than a half-time basis.38 The allowance is a percentage of one-half of the national
average of the E-5 with dependents BAH, reduced for the individual’s enrollment rate. The
percentage of the E-5 with dependents BAH is determined by the length of qualifying active duty
service (Table 1). This change will increase the Post-9/11 GI Bill’s cost. It is unclear how, if at
all, the housing allowance will be adjusted for individuals who take longer than a regular
academic term to complete distance learning courses. The new housing allowance becomes
effective October 1, 2011, for pursuit of programs of education on or after that date.
37
The Improvements Act indicates that the quotient of the number of course hours borne by the individual divided by
the minimum number of course hours required for full-time pursuit of the program of education should be rounded to
the nearest multiple of 10, but it is likely that the intention was to round the quotient, which will be less than one, to the
nearest tenth.
38
Distance learning is defined in Title 20 U.S.C. § 1003. It consists of interaction between the student and the
instructor (who is physically separated from the student) through the use of communications technology instead of
regularly scheduled, conventional classroom or laboratory sessions. Communications technology includes mail,
telephone, audio or videoconferencing, computer technology (online internet courses or email), or other electronic
means such as one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave,
broadband lines, fiber optics, satellite, or wireless communications devices.
Congressional Research Service
13
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Degree-Seeking, Active Duty Individuals Enrolled More than Half-Time
The Improvements Act amends the benefit payments for tuition, fees, and the books and supplies
stipend for degree-seeking individuals serving on active duty while enrolled more than half-time.
Because the amendments are for active duty personnel enrolled more than half-time, they may be
more applicable to spouses to whom benefits are transferred than active duty personnel who may
not have the capacity to enroll more than half-time. Degree-seeking individuals serving on active
duty and the degree-seeking spouses to whom they have transferred benefits continue to be
ineligible to receive the housing allowance while enrolled more than half-time. However, it
appears that non-degree-seeking individuals serving on active duty and the non-degree-seeking
spouses to whom they have transferred benefits may be eligible for a housing allowance while
enrolled more than half-time (see the section on “Non-Degree-Seeking Individuals Enrolled More
than Half-Time”).
Tuition and Fees Benefit Amounts
Prior to the Improvements Act, degree-seeking and non-degree-seeking individuals on active
duty, regardless of their enrollment rate for each academic term, were eligible for the amount of
tuition and fees charged by the public, private, or foreign IHL, but the amount could not duplicate
any amounts received through a DOD Tuition Assistance Program.39 The entitlement period was
reduced one month for each month so enrolled.
The Improvements Act amends the tuition and fees benefit available under the Post-9/11 GI Bill
for degree-seeking individuals on active duty who are enrolled more than half-time to the lesser
of
•
at a public IHL, a percentage of the “actual net cost for in-state tuition and fees”
for the program of education less certain waivers, reductions, scholarships, and
assistance;
•
at a private or foreign IHL, a percentage of the lesser of $17,50040 or the “actual
net cost for tuition and fees” for the program of education less certain waivers,
reductions, scholarships, and assistance; or
•
the tuition and fees for the program of education that are not paid by the DOD
Tuition Assistance Program. Please note that there is not a provision to reduce
this amount according to the individuals length of qualifying active duty service
or by certain waivers, reductions, scholarships, and assistance.
The percentage is determined by the length of qualifying active duty service (Table 1). The
Improvements Act does not specify for what period the maximum of $17,500 would apply. As
discussed earlier, the confusion related to multiple in-state tuition and fee rates may be magnified
since states set different in-state tuition rates for undergraduate, graduate, and professional
students. The Improvements Act may reduce the tuition and fees benefit for some active duty
39
Through DOD Tuition Assistance programs, military service branches may pay tuition and expenses for the
education and training of active duty personnel.
40
The maximum of $17,500 for the academic year beginning August 1, 2011, increases annually thereafter according
to the average increase in undergraduate tuition in the United States as determined by the U.S. Department of
Education (ED).
Congressional Research Service
14
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
individuals at high-cost private and foreign IHLs because it will be capped at a percentage of
$17,500 rather than actual charges. The tuition and fees benefit payments as amended by the
Improvements Act become effective 60 days after enactment (January 4, 2011) of the
Improvements Act for pursuit of programs of education on or after that date.
Books and Supplies Stipend
Prior to the Improvements Act, individuals on active duty did not receive the books and supplies
stipend. Under the Improvements Act, a degree-seeking individual enrolled more than half-time
while on active duty will receive for each academic term a lump sum stipend for books and
supplies in the amount of a percentage of $1,000 multiplied by the fraction of a complete
academic year that such quarter, semester, or term constitutes. The percentage of the stipend is
determined by the length of time served on qualifying active duty (Table 1). The books and
supplies stipend for individuals on active duty provided by the Improvements Act differs from
that provided to individuals enrolled more than half-time who are not on active duty because it is
not reduced in proportion to the enrollment rate. This provision will increase the cost of the Post9/11 GI Bill. As amended by the Improvements Act, the books and supplies stipend becomes
effective October 1, 2011, for pursuit of programs of education on or after that date.
Individuals Pursuing Apprenticeship or On-the-Job Training More than
Half-Time
Prior to the Improvements Act, individuals in on-the-job and apprenticeship training programs
were not eligible for Post-9/11 GI Bill benefits. The Improvements Act provides two benefit
payments to individuals pursuing apprenticeship or on-the-job training more than half-time. The
first payment is a monthly housing allowance paid to the individual equal to 100%, 80%, 60%,
40%, and 20% of the E-5 with dependents BAH where the employer is located for the first six
months, second six months, third six months, fourth six months, and thereafter, respectively. The
housing allowance is further reduced depending on the length of time served on qualifying active
duty (Table 1) and by the proportion of working/training hours completed each month that is
below 120. The second payment is the books and supplies stipend in the amount of a percentage
of $83 per month paid to the individual each academic term. The percentage is determined by the
length of time served on qualifying active duty (Table 1). The Improvements Act does not specify
the entitlement charge for on-the-job and apprenticeship training.41 The section becomes effective
on October 1, 2011, for pursuit of programs of education on or after that date.
In general, on-the-job and apprenticeship training programs increase the trainees’ and apprentices’
wages as their skill level increases. Starting pay in on-the-job training programs is at least 50% of
the wages paid for the job for which the veteran is to be trained. On-the-job training programs
administered by the government do not need to abide by the same wage increase requirements,
but the starting wage for the veteran trainee must still be 50% of the wage paid to non-veterans.42
Apprenticeship training is a combination of on-the-job training and supplemental instruction.
Depending on the sponsoring organization, apprentices may be required to pay for the classroom
41
The entitlement charge is the amount by which an individual’s entitlement period is reduced as a result of receiving
an educational assistance payment. The Post-9/11 GI Bill provides eligible individuals an entitlement period of 36
months in which to receive educational assistance.
42
38 U.S.C. § 3677(b)(2).
Congressional Research Service
15
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
instruction. The Improvements Act does not specify how the VA would reconcile Post-9/11 GI
Bill benefits for students in apprenticeship programs who are taking classes that lead to an
associate’s degree at an IHL as part of the apprenticeship program, since apprenticeship programs
and degree programs at IHLs have different benefit payments.
In comparison to the benefits previously and currently available under the other GI Bills, an
individual in apprenticeship or on-the-job training under the MGIB-AD may receive a monthly
allowance of 75%, 55%, and 35% of the monthly benefit otherwise payable to that individual for
the first six months, second six months, and thereafter, respectively. An individual’s entitlement
period is respectively reduced at 0.75, 0.55, or 0.35 months for each month of educational
assistance received, depending on the payment. Individuals working/training fewer than 120
hours monthly have their payment and entitlement period usage proportionately reduced. The
maximum basic benefit for apprenticeship and on-the-job training under the MGIB-AD as of
October 1, 2010, is $1,070 for the first six months of training.
Flight Trainees Enrolled More than Half-Time
Prior to the Improvements Act, individuals in flight training programs at institutions other than
IHLs were not eligible for Post-9/11 GI Bill benefits. The Improvements Act provides a tuition
and fees benefit to individuals enrolled more than half-time in programs of education consisting
of flight training, regardless of the type of institution. The Improvements Act does not provide a
monthly housing allowance or books and supplies stipend to individuals in programs of education
consisting of flight training. The Improvements Act does not specify the entitlement charge for
flight training. The tuition and fees benefit is paid to the educational institution after the
individual completes the training. The benefit is equal to the lesser of $10,000,43 reduced by the
length of time served on qualifying active duty (see Table 1), or the “actual net cost for in-state
tuition and fees” for the program of education less certain waivers, reductions, scholarships, and
assistance. The Improvements Act does not specify for what period the maximum of $10,000
would apply. The section becomes effective on October 1, 2011, for pursuit of programs of
education on or after that date.
In comparison to the benefits previously and currently available under the other GI Bills,
individuals pursuing education consisting exclusively of flight training under the MGIB-AD may
receive 60% of the institution’s established charges for completed courses, and the individual’s
entitlement period is reduced one month for each amount paid that is equal to the monthly benefit
otherwise payable to such individual.
Correspondence Trainees Enrolled More than Half-Time
Prior to the Improvements Act, individuals in correspondence training programs were not eligible
for Post-9/11 GI Bill benefits. The Improvements Act provides a tuition and fees benefit to
individuals enrolled more than half-time in programs of education consisting exclusively of
correspondence courses, regardless of the type of institution. The Improvements Act does not
provide a monthly housing allowance or books and supplies stipend to individuals in programs of
43
The maximum of $10,000 for the academic year beginning August 1, 2011, will increase annually thereafter
according to the average increase in undergraduate tuition in the United States as determined by the U.S. Department of
Education (ED).
Congressional Research Service
16
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
education consisting exclusively of correspondence courses. The tuition and fees benefit is paid to
the educational institution after the individual completes the training. The benefit is equal to the
lesser of $8,500,44 reduced by the length of time served on qualifying active duty (see Table 1), or
the “actual net cost for tuition and fees” for the program of education less certain waivers,
reductions, scholarships, and assistance. The Improvements Act does not specify for what period
the maximum of $8,500 would apply. The section becomes effective on October 1, 2011, for
pursuit of programs of education on or after that date.
In comparison to the benefits previously and currently available under the other GI Bills,
individuals pursuing education exclusively by correspondence under the MGIB-AD may receive
55% of the institution’s established charges for completed courses, and the individual’s
entitlement period is reduced one month for each amount paid that is equal to the monthly benefit
otherwise payable to such individual. Correspondence training differs from distance learning in
that individuals in correspondence training usually receive lessons in the mail and have a certain
amount of time to complete and return them for a grade.
Non-Degree-Seeking Individuals Enrolled More than Half-Time
Prior to the Improvements Act, non-degree-seeking individuals enrolled more than half-time in
IHLs were eligible for Post-9/11 GI Bill tuition, fees, housing allowance, and books and supplies
stipend benefits according to their active duty status and enrollment rate, but individuals enrolled
in non-IHLs were not eligible for Post-9/11 GI Bill benefits. The Improvements Act amends the
Post-9/11 GI Bill to provide three benefit payments on behalf of active duty and non-active duty
individuals who are enrolled more than half-time in pursuit of a certificate or non-college degree
at an institution or establishment other than an IHL and who are not in on-the-job and
apprenticeship, flight, or correspondence training.
Tuition and Fees Benefit Amounts
The first payment for tuition and fees is equal to a percentage of the lesser of $17,50045 or the
“actual net cost for in-state tuition and fees” less certain waivers, reductions, scholarships, and
assistance and will be paid directly to the educational institution each academic term. The
percentage is determined by the length of time served on qualifying active duty (Table 1). The
Improvements Act does not specify for what period the maximum of $17,500 would apply. It
appears that the Improvements Act intends to charge each individual’s entitlement at the rate of
one month for each payment of tuition and fees that is equal to a percentage of $1,458 ($17,500
divided by 12),46 where the percentage is determined by the length of time served on qualifying
active duty (Table 1). The section becomes effective on October 1, 2011, for pursuit of programs
of education on or after that date.
44
The maximum of $8,500 for the academic year beginning August 1, 2011, will increase annually thereafter according
to the average increase in undergraduate tuition in the United States as determined by the U.S. Department of
Education (ED).
45
The maximum of $17,500 for the academic year beginning August 1, 2011, will increase annually thereafter
according to the average increase in undergraduate tuition in the United States as determined by the U.S. Department of
Education (ED).
46
The maximum of $17,500 for the academic year beginning August 1, 2011, will increase annually thereafter
according to the average increase in undergraduate tuition in the United States as determined by the U.S. Department of
Education (ED).
Congressional Research Service
17
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Monthly Housing Allowance
The second payment provided directly to the individual is a monthly housing allowance. For
individuals pursuing a program of education in-residence, the monthly housing allowance will be
equal to a percentage of the E-5 with dependents BAH where the educational institution is
located, reduced in proportion to the enrollment rate (rounded to the nearest multiple of 10).47 The
percentage is determined by the length of time served on qualifying active duty (Table 1). For
individuals pursuing a program of education through distance learning, the monthly housing
allowance will be one-half of the amount calculated for similarly circumstanced individuals
pursuing a program of education in-residence.
The VA may determine how to combine the two applicable housing stipends for individuals in
both distance learning and courses in-residence. Also of note is the fact that the housing
allowance for individuals in distance learning who are enrolled more than half-time at an IHL is
based on one-half of the national average of the E-5 with dependents BAH, whereas for
individuals in distance learning who are enrolled more than half-time at a non-IHL, the housing
allowance is based on one-half of the E-5 with dependents BAH where the institution is located.
This may result in different housing allowances for the two groups.
Books and Supplies Stipend
The third payment is a books and supplies stipend in the amount of $83 per month paid to the
individual for each academic term, reduced according to the length of time served on qualifying
active duty (Table 1). The payment of $83 over 12 months would provide a total benefit of $996,
which is slightly lower than the $1,000 maximum books and supplies stipend given to individuals
attending IHLs. However, an individual at the 100% benefit level (see Table 1) attending an IHL
full-time or enrolled in 24 credits over two semesters will receive the maximum stipend over a
nine-month period. Also, the books and supplies stipend for individuals in pursuit of a certificate
or non-college degree more than half-time is not reduced by the enrollment rate, as it is for
degree-seeking individuals attending IHLs more than half-time (section 102 of the
Improvements Act).
Individuals Enrolled Half-Time or Less
Prior to the Improvements Act, individuals enrolled half-time or less were eligible for a tuition
and fees benefit for each academic term equal to the established charges charged by the IHL, but
not more than the amount for which the individual would have been eligible if enrolled more than
half-time. Individuals enrolled half-time or less did not receive the housing allowance, but they
did receive a books and supplies stipend reduced in proportion to the attendance rate.
The Improvements Act amends the benefit payments for tuition and fees for eligible individuals
enrolled half-time or less in any program of education and regardless of the active duty status.
The benefit payments apply to programs of education at an IHL, apprenticeships, correspondence
programs, and all other approved programs of education. Individuals enrolled half-time or less
47
The Improvements Act indicates that the quotient of the number of course hours borne by the individual divided by
the minimum number of course hours required for full-time pursuit of the program of education should be rounded to
the nearest multiple of 10, but it is likely that the intention was to round to the nearest tenth.
Congressional Research Service
18
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
will be eligible for the “actual net cost for in-state tuition and fees” assessed by the IHL less
certain waivers, reductions, scholarships, and assistance, but not more than the amount for which
the individual would have been eligible if enrolled more than half-time in a program of education
leading to a degree at an IHL. Because the Improvements Act calculates the tuition and fees
benefit based on the charges assessed by the IHL, it may not technically apply to individuals in
less-than-two-year schools, correspondence schools, or flight schools because they are not IHLs.
The amendment becomes effective August 1, 2011, for pursuit of programs of education on or
after that date.
Licensing and Certification Tests
Prior to the Improvements Act, the Post-9/11 GI Bill reimbursed an individual up to $2,000 for
one approved licensing or certification test without a charge to entitlement. The other GI Bills
place no limit on the number of tests, which may be reimbursed as long as each payment for each
test does not exceed $2,000, but the entitlement period is reduced by the number of months
equaling the proportion that the assistance is to the regular full-time monthly allowance.
The Improvements Act removes the limit on the number of licensing and certification tests, which
may be reimbursed as long as each payment for each test does not exceed $2,000 or the
individual’s remaining Post-9/11 GI Bill entitlement. Entitlement will be charged at the rate of
one month of entitlement for each amount equal to $1,460.48 The amount of $1,460 is
approximately equal to the quotient of $17,500 (the maximum tuition and fees benefit at private
or foreign IHLs under the Improvements Act) divided by 12. Neither the benefit nor the
entitlement charge will depend on the length of qualifying active duty service. The section will
become effective August 1, 2011, for licensing and certification tests taken on or after that date.
National Tests
Prior to the Improvements Act, national tests were not eligible for reimbursement under the Post9/11 GI Bill. The other GI Bills allow reimbursement for a national test for admissions to an IHL
(such as the Scholastic Aptitude Test (SAT)) and a national test providing an opportunity for
course credit at an IHL (such as an Advanced Placement (AP) exam). The entitlement period is
reduced by the number of months equaling the proportion that the assistance is to the regular fulltime monthly allowance.
The Improvements Act allows eligible individuals to receive reimbursement for a national test for
admissions to an IHL and a national test providing an opportunity for course credit at an IHL. It
appears that the Improvements Act may limit eligible individuals to reimbursement for one of
each national test. The maximum benefit for a test will be the individual’s remaining Post-9/11 GI
Bill entitlement. Entitlement will be charged at the rate of one month of entitlement for each
amount equal to $1,460.49 Neither the benefit nor the entitlement charge will depend on the length
48
The equivalent entitlement charge of $1,460 for the academic year beginning August 1, 2011, will increase annually
thereafter according to the average increase in undergraduate tuition in the United States as determined by the U.S.
Department of Education (ED).
49
The equivalent entitlement charge of $1,460 for the academic year beginning August 1, 2011, will increase annually
thereafter according to the average increase in undergraduate tuition in the United States as determined by the U.S.
Department of Education (ED).
Congressional Research Service
19
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
of qualifying active duty service. The amendment will become effective August 1, 2011, for
national tests taken on or after that date.
Additional Educational Assistance for Critical Skills or Specialty
Under current Post-9/11 GI Bill regulations as established prior to passage of the Improvements
Act, an individual who makes an irrevocable election to relinquish eligibility under the MGIBAD or Montgomery GI Bill-Selected Reserve (MGIB-SR; 10 U.S.C., Chapter 1606) for Post-9/11
GI Bill benefits is entitled to maintain supplemental educational assistance (“Kicker”) for a
critical skill.50 The regulations specify that the additional assistance is reduced depending on the
individual’s enrollment rate and paid for each academic term.
The Improvements Act allows individuals who make an irrevocable election to receive Post-9/11
GI Bill benefits in lieu of benefits under the MGIB-AD or MGIB-SR to transfer their additional
educational assistance for critical skills or specialties to the Post-9/11 GI Bill. The additional
assistance will be reduced in proportion to the enrollment rate (rounded to the nearest multiple of
10)51 and paid to the individual monthly. The Improvements Act also requires that funding for the
additional educational assistance for critical skills or specialties come from the DOD Education
Benefits Fund (10 U.S.C. § 2006) or from the Department of Homeland Security (DHS)
appropriations. The amendment becomes effective August 1, 2011.
Transferability to Dependents
Prior to the Improvements Act, only the Secretaries of the Army, the Navy, the Air Force,
Homeland Security, and Defense with respect to matters concerning the Coast Guard were
permitted to allow the transfer of benefits to dependents as a recruitment and retention tool. The
DOD was required to prescribe regulations for the transfer of benefits. The Improvements Act
also allows commissioned officers of the Public Health Service (PHS) and National Oceanic and
Atmospheric Administration (NOAA) to transfer Post-9/11 GI Bill benefits to dependents when
authorized by the Secretary of Defense in the national security interests of the United States.52
The amendment becomes effective August 1, 2011.
Amendments to the Montgomery GI BillActive Duty
The Montgomery GI Bill-Active Duty (MGIB-AD; Title 38 U.S.C., Chapter 30) provides
educational assistance benefits to certain servicemembers and veterans who entered active duty
for the first time after June 30, 1985, and to a few other groups of individuals. Prior to the
Improvements Act, no educational benefits under the MGIB-AD, except in certain circumstances,
50
38 C.F.R. § 21.9650(b) and (c).
The Improvements Act indicates that the quotient of the number of course hours borne by the individual divided by
the minimum number of course hours required for full-time pursuit of the program of education should be rounded to
the nearest multiple of 10, but it is likely that the intention was to round to the nearest tenth.
52
H.R. 3657 also proposed to make commissioned officers in the PHS and NOAA eligible to transfer benefits to
dependents.
51
Congressional Research Service
20
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
were paid more than 10 years after discharge or release from active duty, or in the case of a
Reservist, more than 10 years after completing the required four-year Selected Reserve duty.53
One exception allowed individuals who were incapable of pursuing education as a result of their
own physical or mental disability to be granted an extension of their MGIB-AD benefit
availability period for as long as the period of incapacity, providing they notified the VA within a
specified time period.
The Improvements Act amends the MGIB-AD to allow individuals an extension of the 10-year
period of benefit availability for as long as they were incapable of pursuing their chosen program
of education as a result of being the primary caregiver. The Improvements Act also eliminates the
statutory time period in which individuals are required to notify the VA in cases involving their
own physical or mental disability. To be granted an extension, the individual has to be the primary
caregiver according to the family caregiver assistance program (38 U.S.C. § 1720G(a)) as enacted
by the Caregivers and Veterans Omnibus Health Services Act of 2010 (P.L. 111-163). An
individual whose designation as a primary caregiver is revoked for failing to meet the
responsibilities of the family caregiver assistance program would not be eligible for an extension
of his or her entitlement period. The amendment becomes effective for individuals who begin a
period of incapacity or suspension on or after August 1, 2011.
Amendments to the Survivors’ and Dependents’
Educational Assistance Program
The Survivors’ and Dependents’ Educational Assistance Program (DEA; Title 38 U.S.C., Chapter
35) provides educational assistance benefits to allow eligible individuals to attain the education or
maintain the standard of living they would have if the servicemember had not become disabled,
been delayed, 54 or died as a result of military service. Prior to the Improvements Act, DEA
educational benefits were paid to children only after they achieved a high school diploma or its
equivalent, or after they reached age 18 but before they reached age 26, except in certain
circumstances.55 One exception to a child’s general entitlement period allowed a child who
suspended a program of education due to conditions beyond the child’s control to extend the
entitlement period for as long as the suspension. Examples of conditions beyond the child’s
53
Veterans who were ineligible for the program on discharge or release but whose discharge status was later amended
to make them eligible for the program are allowed benefits for up to 10 years after the discharge status was amended.
The 10-year period excludes periods of detainment by a foreign government or power and any recovery period in a
hospital. The 10-year period is reduced for individuals eligible for the Post-Korean Conflict GI Bill by the length of
time not on active duty service between January 1, 1977, and October 18, 1984. Also, the 10-year period begins after
discharge or release from active duty or on January 1, 1990, whichever is later, for Post-Korean Conflict GI Bill
participants who were on active duty after October 18, 1984. For Post-Korean Conflict GI Bill participants who were
not on active duty on October 19, 1984, the 10-year period begins on December 27, 2001.
54
A servicemember is delayed if the person is listed as missing in action, captured in the line of duty, or forcibly
detained as a result of active duty service.
55
There are allowable exceptions. The VA may make an exception for a child who is under age 18 and whose parent
dies or has a total permanent disability as a result of a service-connected disability or has been delayed. The VA may
allow eight years of eligibility to a child whose parent dies or has a total permanent disability as a result of a serviceconnected disability; may allow eight years of eligibility up to age 31 to a child whose parent has been delayed or after
his/her own discharge or release from the Armed Forces; and may allow completion of a program of education
suspended due to conditions beyond the child’s control.
Congressional Research Service
21
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
control were the death or illness of immediate family members and immediate family or financial
obligations that required an individual to suspend a program of education. 56
The Improvements Act amends the DEA to allow a child who suspends a program of education or
who is unable to complete the program during the entitlement period because the child acted as a
primary caregiver to extend the child’s entitlement period for as long as the suspension or until
age 31, whichever is earlier. To be granted an extension, the individual has to be the primary
caregiver according to the family caregiver assistance program (38 U.S.C. § 1720G(a)) as enacted
by the Caregivers and Veterans Omnibus Health Services Act of 2010 (P.L. 111-163). An
individual whose designation as a primary caregiver is revoked for failing to meet the
responsibilities of the family caregiver assistance program would not be eligible for an extension
of their entitlement period.
Amendments to the Vocational Rehabilitation and
Employment Program
The Vocational Rehabilitation and Employment Program (VR&E; 38 U.S.C., Chapter 31)
provides comprehensive services and assistance to enable veterans with service-connected
disabilities and employment handicaps57 to achieve maximum independence in daily living,
become employable, and obtain and maintain suitable employment.58 Veterans who need
additional education or training to become employable are paid a subsistence allowance while
they participate in vocational rehabilitation training. As of October 1, 2010, the maximum
monthly VR&E subsistence allowance was $810.13 for individuals with two dependents plus an
additional $59.05 for each additional dependent.59 The subsistence allowance is reduced for less
than full-time training, fewer dependents, and the type of training.
The Improvements Act amends the VR&E to allow individuals eligible for both VR&E and the
Post-9/11 GI Bill to elect to receive the E-5 with dependents BAH for the zip code in which the
rehabilitation program is located in lieu of the monthly subsistence allowance otherwise
authorized. The E-5 with dependents BAH will be adjusted as DOD increases the BAH rather
than at the beginning of the next academic year as specified for the Post-9/11 GI Bill in section
106 of the Improvements Act. This change will increase the cost of the VR&E. The section
becomes effective August 1, 2011.
56
U.S. Department of Veterans Affairs (VA), Dependents’ Educational Assistance Program, VA Pamphlet 22-73-3,
Revised, Washington, DC, January 2005, p. 3.
57
The term employment handicap is defined by law in 38 U.S.C. § 3101.
58
For more information on the VR&E program, see CRS Report RL34627, Veterans’ Benefits: The Vocational
Rehabilitation and Employment Program, by Christine Scott and Carol D. Davis.
59
For current rates, see the Department of Veterans Affairs rate tables at http://www.vba.va.gov/bln/vre/doc/
sa_rates.pdf.
Congressional Research Service
22
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Administration of Veterans Educational
Assistance Programs
There are several statutes that apply generally to the VEAP, MGIB-AD, MGIB-SR, REAP, Post9/11 GI Bill, DEA, and VR&E. The Improvements Act amends several of these statutes.
Ineligibility for Multiple GI Bills Based on Same Service
Prior to the Improvements Act, a servicemember who was eligible for the MGIB-AD and REAP
based on the same period of active service was required to make an irrevocable election for the
program to which such service was to be credited.60 Also, prior to the Improvements Act a
servicemember who was eligible for the MGIB-AD and MGIB-SR based on the same period of
active service was required to elect the program to which such service was to be credited.61
Finally, prior to the Improvements Act a Reservist who was eligible for two or more of the
MGIB-AD, MGIB-SR, REAP, or Post-9/11 GI Bill based on the same period of service was
required to elect the program to which such service was to be credited.62
The Improvements Act expands the existing restrictions by requiring a servicemember who is
eligible for two or more of the VEAP, MGIB-AD, MGIB-SR, REAP, or Post-9/11 GI Bill based
on the same period of active duty service to elect the program to which such service is to be
credited. The amendment becomes effective August 1, 2011.
No Concurrent Receipt of National Call to Service Benefits
Prior to the Improvements Act, individuals were not permitted to receive educational benefits
concurrently under the following programs: Chapters 30, 31, 32, 33, 34, 35, and 36 of Title 38
U.S.C.; Chapters 106, 107, 1606, and 1607 of Title 10 U.S.C.; Section 903 of the Department of
Defense Authorization Act, 1981 (P.L. 96-342; 10 U.S.C. 2141 note); the Hostage Relief Act of
1980 (P.L. 96-449; 5 U.S.C. 5561 note); and the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (P.L. 99-399; 22 U.S.C. §§ 4801 et seq.). The Improvements Act extends these
restrictions by adding the National Call to Service Program (Title 10 U.S.C. § 510) to the list of
programs under which an individual cannot receive concurrent benefits. This change may
decrease the overall cost of veterans benefits. The amendment becomes effective August 1, 2011.
Approval of Courses
Prior to the Improvements Act, the State Approving Agencies (SAAs) were required to approve
all programs of education and courses for use under the GI Bills. The Improvements Act amends
the GI Bills to automatically approve certain courses. These are
60
10 U.S.C. § 16163(d).
10 U.S.C. § 16132(d).
62
38 U.S.C. § 3033(c).
61
Congressional Research Service
23
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
•
standard college degree programs offered at a public or private not-for-profit
institution of higher education that is accredited by an agency or association
recognized for that purpose by the Secretary of Education;
•
flight training courses approved by the Federal Aviation Administration (FAA)
that are offered by a certified pilot school that possesses a valid FAA pilot school
certificate;
•
apprenticeship programs registered with the Office of Apprenticeship (OA) of the
Department of Labor or a state apprenticeship agency recognized by the Office of
Apprenticeship;
•
programs leading to a secondary school diploma offered by a secondary school
approved in the state in which it is operating; and
•
licensure tests offered by the federal government or a state or local government.
SAAs will still be required to approve courses at private for-profit institutions of higher education
regardless of their accreditation status. SAAs will also still be required to approve other courses
that are not automatically approved, including non-college degree programs regardless of their
accreditation status. The Improvements Act allows the VA to utilize SAAs in compliance and
oversight of approved courses. These amendments become effective August 1, 2011.
Reporting Fees
The Improvements Act increases the reporting fee remitted to educational institutions and training
establishments that provide education or training to individuals under one of the GI Bills. The
annual fee increases from $7 to $12 for each individual enrolled or in training and from $11 to
$15 for each individual whose advanced payment is directed to the institution or establishment.
This change increases the cost of administering the GI Bills. The amendment becomes effective
October 1, 2011.
Elimination of Most Interval Payments
Prior to the Improvements Act, the VA paid the GI Bill subsistence allowance to individuals
enrolled in educational institutions
•
when the school was temporarily closed under an established policy based on an
Executive Order of the President or due to an emergency situation;
•
between consecutive school terms when an individual transferred between
educational institutions if the period between such consecutive terms did not
exceed 30 days; or
•
between school terms where the educational institution certified the enrollment of
the individual on an individual term basis, the period between those terms did not
exceed eight weeks, and the terms both preceding and following the period were
not shorter in length than the intervening period.
The Improvements Act no longer authorizes the VA to provide a subsistence allowance to
individuals under the GI Bills during periods between academic terms. The VA will still be able to
continue paying benefits during periods when a school is temporarily closed under an established
Congressional Research Service
24
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
policy based on an Executive Order of the President or due to an emergency situation, as long as
the aggregate periods do not exceed four weeks during a 12-month period. This modification may
lower the cost of the Post-9/11 GI Bill and other GI Bills. The amendment becomes effective
August 1, 2011.
Congressional Research Service
25
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Appendix. Summary of Key Changes Made by the Post-9/11 Veterans
Educational Assistance Improvements Act of 2010
Table A-1. Summary of Key Changes Made by the Post-9/11 Veterans Educational Assistance Improvements Act of 2010
Provision Prior to the Improvements Act
Amendments
U.S. Code
Citation
Improvements Act Amendments
P.L. 111-377
Section
Effective
Date
Post-9/11 GI Bill (Chapter 33)
Eligible Individuals
Only a call or order to active duty under certain sections
of Title 10 U.S.C. may be included in the active duty
service eligibility period required of National Guard
members.
38 U.S.C. § 3301
Certain full-time duty under Title 32 U.S.C. may also be
included in the active duty service eligibility period
required of National Guard members.
Sec. 101(a)
Aug. 1, 2009
(Benefit
payments
issued after
Sept. 30,
2011)
The active duty service period excludes active duty service
periods required to meet an obligation for attendance at
the Army, Navy, and Air Force service academies.
38 U.S.C. § 3311
The active duty service period also excludes active duty
service periods required to meet an obligation for
attendance at the U.S. Coast Guard Academy (USCGA).
Sec. 101(c)
Jan. 4, 2011
38 U.S.C. § 3313
On-the-job and apprenticeship, flight, and correspondence
training and certificate and non-college degree programs
may also be approved programs of education.
Sec. 105(a)
Oct. 1, 2011
38 U.S.C. § 3313
Degree-seeking individuals who are enrolled more than
half-time and who are not on active duty are eligible for a
tuition and fees payment up to
Sec. 102(a)
Aug. 1, 2011
Eligible Programs of Education, Institutions, and Establishments
Only courses offered by an institution of higher learning
(IHL) may be approved programs of education.
Benefit Payments—Tuition and Fees
Individuals who are enrolled more than half-time at an IHL
and who are not on active duty are eligible for tuition and
fees payments up to the maximum amount of
undergraduate in-state tuition and fees charged at the most
expensive public institution in the state in which the
individual is enrolled.
at a public IHL, in-state tuition and fees less certain
waivers, reductions, scholarships, and assistance; or
at a private or foreign IHL, up to $17,500.a
CRS-26
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Provision Prior to the Improvements Act
Amendments
U.S. Code
Citation
Individuals on active duty may receive the amount of
tuition and fees charged by the public, private, or foreign
IHL, but the amount cannot duplicate any amounts
received through a DOD Tuition Assistance Program.b
38 U.S.C. § 3313
Improvements Act Amendments
Degree-seeking individuals on active duty who are
enrolled more than half-time may receive the lesser of
P.L. 111-377
Section
Effective
Date
Sec. 103(a)
Oct. 1, 2011
at a public IHL, up to in-state tuition and fees less
certain waivers, reductions, scholarships, and
assistance;
at a private or foreign IHL, up to $17,500;a or
the amount not covered by the DOD Tuition
Assistance Program.b
Individuals in flight training not offered at an IHL are not
eligible for Post-9/11 GI Bill benefits.
38 U.S.C. § 3313
Individuals in flight training enrolled more than half-time
may receive a tuition and fees benefit of up to $10,000.a
Sec. 105(b)
Oct. 1, 2011
Individuals in correspondence training are not eligible for
Post-9/11 GI Bill benefits.
38 U.S.C. § 3313
Individuals in correspondence training enrolled more than
half-time may receive a tuition and fees benefit of up to
$8,500.a
Sec. 105(b)
Oct. 1, 2011
Individuals at an institution or establishment other than an
IHL are not eligible for Post-9/11 GI Bill benefits.
38 U.S.C. § 3313
Individuals who are enrolled more than half-time in
pursuit of a certificate or non-college degree at an
institution or establishment other than an IHL may
receive a tuition and fees benefit of up to $17,500.a
Sec. 105(b)
Oct. 1, 2011
Individuals enrolled more than half-time at an IHL who are
not on active duty may receive a monthly housing
allowance up to the E-5 with dependents BAHc where the
IHL is located.
38 U.S.C. § 3313
Degree-seeking individuals not on active duty enrolled
more than half-time at an IHL may receive a monthly
housing allowance up to the E-5 with dependents BAHc
where the IHL is located, reduced according to the
enrollment rate.
Sec. 102(b)
Aug. 1, 2011
Individuals not on active duty in a program offered
exclusively through distance learning by an IHL are not
eligible for the Post-9/11 GI Bill housing allowance.
38 U.S.C. § 3313
Degree-seeking individuals not on active duty enrolled
more than half-time in a program offered exclusively
through distance learning may receive a monthly housing
allowance of up to 50% of the E-5 with dependents BAHc
where the IHL is located, reduced according to the
enrollment rate.
Sec. 102(b)
Oct. 1, 2011
Individuals in on-the-job and apprenticeship training are
not eligible for Post-9/11 GI Bill benefits.
38 U.S.C. § 3313
Individuals pursuing on-the-job and apprenticeship training
more than half-time may receive a monthly housing
allowance up to the E-5 with dependents BAHc where the
employer is located, reduced according to the months in
training and rate of pursuit.
Section 105(b)
Oct. 1, 2011
Benefit Payments—Housing Allowance
CRS-27
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Provision Prior to the Improvements Act
Amendments
U.S. Code
Citation
Individuals at an institution or establishment other than an
IHL are not eligible for Post-9/11 GI Bill benefits.
38 U.S.C. § 3313
Individuals enrolled more than half-time in pursuit of a
certificate or non-college degreed at an institution or
establishment other than an IHL may receive a housing
allowance of up to the E-5 with dependents BAHc where
the institution is located, reduced according to the
enrollment rate.
Sec. 105(b)
Oct. 1, 2011
Individuals enrolled at an IHL who are on active duty are
not eligible for the Post-9/11 GI Bill books and supplies
stipend.
38 U.S.C. § 3313
Degree-seeking individuals on active duty who are
enrolled more than half-time may receive a books and
supplies stipend of up to $1,000 over the academic year.
Sec. 103(a)
Oct. 1, 2011
Individuals in on-the-job and apprenticeship training are
not eligible for Post-9/11 GI Bill benefits.
38 U.S.C. § 3313
Individuals pursuing on-the-job and apprenticeship training
more than half-time may receive a books and supplies
stipend of up to $83 per month.
Section 105(b)
Oct. 1, 2011
Individuals at an institution or establishment other than an
IHL are not eligible for Post-9/11 GI Bill benefits.
38 U.S.C. § 3313
Individuals enrolled more than half-time in pursuit of a
certificate or non-college degree at an institution or
establishment other than an IHL may receive a books and
supplies stipend of up to $83 per month.
Sec. 105(b)
Oct. 1, 2011
38 U.S.C. § 3315
A fee of up to $2,000 for each approved licensing or
certification test may be paid to an individual, but it is
charged against entitlement.
Sec. 107
Aug. 1, 2011
NAe
A national test for admissions to an IHL and a national
test for course credit at an IHL may be reimbursed and
charged against entitlement.
Sec. 108
Aug. 1, 2011
38 U.S.C. § 3319
Commissioned officers of the Public Health Service (PHS)
and National Oceanic and Atmospheric Administration
(NOAA) may be eligible to transfer Post-9/11 GI Bill
benefits to dependents.
Sec. 110
Aug. 1, 2011
Improvements Act Amendments
P.L. 111-377
Section
Effective
Date
Benefit Payments—Books and Supplies Stipend
Benefit Payments—Licensure and Certification Tests
A fee of up to $2,000 for one approved licensing or
certification test may be paid to an individual and is not
charged against entitlement.
Benefit Payments—National Tests
National tests for admissions to an IHL or for course
credit at an IHL are not eligible for Post-9/11 GI Bill
benefits.
Transferability to Dependents
Commissioned officers of the Public Health Service (PHS)
and National Oceanic and Atmospheric Administration
(NOAA) are not eligible to transfer Post-9/11 GI Bill
benefits to dependents.
CRS-28
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Provision Prior to the Improvements Act
Amendments
U.S. Code
Citation
Improvements Act Amendments
P.L. 111-377
Section
Effective
Date
Vocational Rehabilitation and Employment (VR&E) Program (38 U.S.C., Chapter 31)
Eligible individuals may receive a subsistence allowance that
is established based on the enrollment rate, number of
dependents, and type of training. The maximum monthly
allowance for an individual with two dependents is $810.13
as of October 1, 2010.
38 U.S.C. § 3108
Individuals eligible for both VR&E and the Post-9/11 GI Bill
may elect to receive the current allowance or a
subsistence allowance equal to the E-5 with dependents
BAHc where the rehabilitation program is located.
Sec. 205
Aug. 1, 2011
Veterans Educational Assistance Program Administration (38 U.S.C., Chapter 36)
State Approving Agencies (SAAs) and the U.S. Department
of Veterans Affairs (VA) are required to approve all
programs of education.
38 U.S.C. § 3672
Certain courses that are approved by other federal
agencies, such as the U.S. Department of Education (ED),
or state and local governments are automatically
approved.
Sec. 203
Aug. 1, 2011
Educational institutions and training establishments that
provide education or training to individuals in one of the
veterans educational assistance programsf may receive an
annual fee of $7 for each individual enrolled or in training
and $11 for each individual whose advanced payment is
directed to the institution or establishment.
38 U.S.C. § 3684
Educational institutions and training establishments that
provide education or training to individuals in one of the
veterans educational assistance programsf may receive an
annual fee of $12 for each individual enrolled or in
training and $15 for each individual whose advanced
payment is directed to the institution or establishment.
Sec. 204
Oct. 1, 2011
The VA may pay a subsistence allowance to certain
individuals in veterans educational assistance programsf
between certain academic terms.
38 U.S.C. § 3680
The VA may not pay a subsistence allowance to
individuals in veterans educational assistance programsf
between academic terms.
Sec. 206
Aug. 1, 2011
Source: Table prepared by CRS based on the Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (P.L. 111-377) and Title 38 statutes as of the day
before its passage.
a.
This is the maximum for the academic year beginning August 1, 2011. The amount increases annually thereafter according to the average increase in undergraduate
tuition in the United States as determined by the U.S. Department of Education (ED).
b.
Through U.S. Department of Defense (DOD) Tuition Assistance programs, military service branches may pay tuition and expenses for the education and training of
active duty personnel.
c.
The E-5 with dependents BAH is a monthly basic allowance for housing (BAH) for a member of the Armed Forces with dependents in pay grade E-5 in the military
housing area for a particular location. BAH is a DOD benefit to uniformed servicemembers to provide housing compensation when government quarters are not
provided. The amount is based on housing costs in local civilian housing markets and is payable based on geographic duty location, pay grade, and dependency status.
d.
A non-college degree is not a standard college degree. A standard college degree, as defined in 38 U.S.C. § 3501(a)(11), is an associate or higher degree awarded by (1)
an IHL that is accredited as a collegiate institution by a recognized regional or national accrediting agency; (2) an IHL that is a “candidate” for accreditation, as that
term is used by the regional or national accrediting agencies; or (3) an IHL upon completion of a course which is accredited by an agency recognized to accredit
specialized degree-level programs.
e.
NA is not applicable.
CRS-29
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
f.
CRS-30
The veterans educational assistance programs include the Montgomery GI Bill-Active Duty (MGIB-AD; 38 U.S.C., Chapter 30), the Vocational Rehabilitation and
Employment Program (VR&E; 38 U.S.C., Chapter 31), the Post-Vietnam Era Veterans Educational Assistance Program (38 U.S.C., Chapter 32), the Post-9/11 GI Bill (38
U.S.C., Chapter 33), the Survivors’ and Dependents’ Educational Assistance Program (DEA; 38 U.S.C., Chapter 35), and the Montgomery GI Bill-Selected Reserve
(MGIB-SR; 10 U.S.C., Chapter 1606).
The Post-9/11 Veterans Educational Assistance Improvements Act of 2010, As Enacted
Author Contact Information
Cassandria Dortch
Analyst in Education Policy
cdortch@crs.loc.gov, 7-0376
Congressional Research Service
31
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.