AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION LEADING TO A DEGREE PURSUED AT PUBLIC, NON-PUBLIC, AND FOREIGN INSTITUTIONS OF HIGHER LEARNING.

SEC. 102. AMOUNTS OF ASSISTANCE FOR PROGRAMS OF EDUCATION LEADING TO A DEGREE PURSUED AT PUBLIC, NON-PUBLIC, AND FOREIGN INSTITUTIONS OF HIGHER LEARNING.(a) Amounts of Educational Assistance.—(1) In general.—Section 3313(c) is amended—(A) in the matter preceding paragraph (1), by inserting “leading to a degree at an institution of higher learning (as that term is defined in section 3452(f))” after “program of education”; and(B) in paragraph (1), by striking subparagraph (A) and inserting the following new subparagraph (A):“(A) An amount equal to the following:“(i) In the case of a program of education pursued at a public institution of higher learning, the actual net cost for in-State tuition and fees assessed by the institution for the program of education after the application of—“(I) any waiver of, or reduction in, tuition and fees; and“(II) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a)) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees.124 STAT. 4109“(ii) In the case of a program of education pursued at a non-public or foreign institution of higher learning, the lesser of—“(I) the actual net cost for tuition and fees assessed by the institution for the program of education after the application of—“(aa) any waiver of, or reduction in, tuition and fees; and“(bb) any scholarship, or other Federal, State, institutional, or employer-based aid or assistance (other than loans and any funds provided under section 401(b) of the Higher Education Act of 1965) that is provided directly to the institution and specifically designated for the sole purpose of defraying tuition and fees; or“(II) the amount equal to—“(aa) for the academic year beginning on August 1, 2011, $17,500; or“(bb) for an academic year beginning on any subsequent August 1, the amount for the previous academic year beginning on August 1 under this subclause, as increased by the percentage increase equal to the most recent percentage increase determined under section 3015(h).”.(2) Conforming amendment.—The heading of such section is amended to read as follows: “Programs of Education Leading to a Degree Pursued at Institutions of Higher Learning on More Than Half-time Basis.—”.(b) Amounts of Monthly Stipends.—Section 3313(c)(1)(B) is amended—(1) by redesignating clause (ii) as clause (iv); and(2) by striking clause (i) and inserting the following new clauses:“(i) Except as provided in clauses (ii) and (iii), for each month an individual pursues a program of education on more than a half-time basis, a monthly housing stipend equal to the product of—“(I) the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution of higher learning at which the individual is enrolled, multiplied by“(II) the lesser of—“(aa) 1.0; or“(bb) the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.“(ii) In the case of an individual pursuing a program of education at a foreign institution of higher 124 STAT. 4110 learning on more than a half-time basis, for each month the individual pursues the program of education, a monthly housing stipend equal to the product of—“(I) the national average of the monthly amount of the basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5, multiplied by“(II) the lesser of—“(aa) 1.0; or“(bb) the number of course hours borne by the individual in pursuit of the program of education, divided by the minimum number of course hours required for full-time pursuit of the program of education, rounded to the nearest multiple of 10.“(iii) In the case of an individual pursuing a program of education solely through distance learning on more than a half-time basis, a monthly housing stipend equal to 50 percent of the amount payable under clause (ii) if the individual were otherwise entitled to a monthly housing stipend under that clause for pursuit of the program of education.”.(c) Effective Dates.—(1) In general.—Except as provided in paragraph (2), the amendments made by this section shall take effect on August 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education on or after that date.(2) Stipend for distance learning on more than half-time basis.—Clause (iii) of section 3313(c)(1)(B) of title 38, United States Code (as added by subsection (b)(2) of this section), shall take effect on October 1, 2011, and shall apply with respect to amounts payable for educational assistance for pursuit of programs of education as covered by such clause on or after that date.