[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1088 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1088

    To amend title 38, United States Code, to facilitate the use of 
   educational assistance under the Montgomery GI Bill for education 
   leading to employment in high technology industry, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2001

Mr. Rockefeller (for himself and Mr. Specter) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to facilitate the use of 
   educational assistance under the Montgomery GI Bill for education 
   leading to employment in high technology industry, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ACCELERATED PAYMENTS OF EDUCATIONAL ASSISTANCE UNDER 
              MONTGOMERY GI BILL FOR EDUCATION LEADING TO EMPLOYMENT IN 
              HIGH TECHNOLOGY INDUSTRY.

    (a) In General.--(1) Chapter 30 of title 38, United States Code, is 
amended by inserting after section 3014 the following new section:
``Sec. 3014A. Accelerated payment of basic educational assistance for 
              education leading to employment in high technology 
              industry
    ``(a) An individual described in subsection (b) who is entitled to 
basic educational assistance under this subchapter may elect to receive 
an accelerated payment of the basic educational assistance allowance 
otherwise payable to the individual under section 3015 of this title.
    ``(b) An individual described in this subsection is an individual 
who is--
            ``(1) enrolled in an approved program of education that 
        leads to employment in a high technology industry (as 
        determined pursuant to regulations prescribed by the 
        Secretary); and
            ``(2) charged tuition and fees for the program of education 
        that, when divided by the number of months (and fractions 
        thereof) in the enrollment period, exceeds the amount equal to 
        200 percent of the monthly rate of basic educational assistance 
        allowance otherwise payable to the individual under section 
        3015 of this title.
    ``(c)(1) The amount of the accelerated payment of basic educational 
assistance made to an individual making an election under subsection 
(a) for a program of education shall be the lesser of--
            ``(A) the amount equal to 60 percent of the established 
        charges for the program of education; or
            ``(B) the aggregate amount of basic educational assistance 
        to which the individual remains entitled under this chapter at 
        the time of the payment.
    ``(2) In this subsection, the term `established charges', in the 
case of a program of education, means the actual charges (as determined 
pursuant to regulations prescribed by the Secretary) for tuition and 
fees which similarly circumstanced nonveterans enrolled in the program 
of education would be required to pay. Established charges shall be 
determined on the following basis:
            ``(A) In the case of an individual enrolled in a program of 
        education offered on a term, quarter, or semester basis, the 
        tuition and fees charged the individual for the term, quarter, 
        or semester.
            ``(B) In the case of an individual enrolled in a program of 
        education not offered on a term, quarter, or semester basis, 
        the tuition and fees charged the individual for the entire 
        program of education.
    ``(3) The educational institution providing the program of 
education for which an accelerated payment of basic educational 
assistance allowance is elected by an individual under subsection (a) 
shall certify to the Secretary the amount of the established charges 
for the program of education.
    ``(d) An accelerated payment of basic educational assistance made 
to an individual under this section for a program of education shall be 
made not later than the last day of the month immediately following the 
month in which the Secretary receives a certification from the 
educational institution providing the program of education of the 
individual's enrollment in and pursuit of the program of education.
    ``(e)(1) Except as provided in paragraph (2), for each accelerated 
payment of basic educational assistance made to an individual under 
this section, the individual's entitlement to basic educational 
assistance under this chapter shall be charged the number of months 
(and any fraction thereof) determined by dividing the amount of the 
accelerated payment by the full-time monthly rate of basic educational 
assistance allowance otherwise payable to the individual under section 
3015 of this title as of the beginning date of the enrollment period 
for the program of education for which the accelerated payment is made.
    ``(2) If the monthly rate of basic educational assistance allowance 
otherwise payable to an individual under section 3015 of this title 
increases during the enrollment period of a program of education for 
which an accelerated payment of basic educational assistance is made 
under this section, the individual's entitlement to basic educational 
assistance under this chapter shall be charged the number of months 
(and any fraction thereof) determined by computing the portion of the 
accelerated payment attributable to each monthly rate that would have 
payable for the enrollment, dividing each such portion by the 
applicable monthly rate, and adding the results together.
    ``(f) The Secretary may, pursuant to such regulations as the 
Secretary shall prescribe, recover overpayments of basic educational 
assistance under this chapter resulting from accelerated payments of 
basic educational assistance under this section.
    ``(g) The Secretary shall prescribe regulations to carry out this 
section. The regulations shall include requirements, conditions, and 
methods for electing and using accelerated payments of basic 
educational assistance under this section and for the recovery of 
overpayments of basic educational assistance under this chapter 
resulting from accelerated payments of basic educational assistance 
under this section.''.
    (2) The table of sections at the beginning of that chapter is 
amended by inserting after the item relating to section 3014 the 
following new item:

``3014A. Accelerated payment of basic educational assistance for 
                            education leading to employment in high 
                            technology industry.''.
    (b) Restatement and Expansion of Certain Administrative 
Authorities.--Subsection (g) of section 3680 of title 38, United States 
Code, is amended to read as follows:
    ``(g)(1) The Secretary may, pursuant to regulations which the 
Secretary shall prescribe, determine and define with respect to an 
eligible veteran and eligible person the following:
            ``(A) Enrollment in a course or a program of education or 
        training.
            ``(B) Pursuit of a course or program of education or 
        training.
            ``(C) Attendance at a course or program of education and 
        training.
    ``(2) The Secretary may withhold payment of benefits to an eligible 
veteran or eligible person until the Secretary receives such proof as 
the Secretary may require of enrollment in and satisfactory pursuit of 
a program of education by the eligible veteran or eligible person. The 
Secretary shall adjust the payment withheld, when necessary, on the 
basis of the proof the Secretary receives.
    ``(3) In the case of an individual other than an individual 
described in paragraph (4), the Secretary may accept the individual's 
monthly certification of enrollment in and satisfactory pursuit of a 
program of education as sufficient proof of the certified matters.
    ``(4) In the case of an individual who has received an accelerated 
payment of basic educational assistance under section 3014A of this 
title during an enrollment period for a program of education, the 
Secretary may accept the individual's certification of enrollment in 
and satisfactory pursuit of the program of education as sufficient 
proof of the certified matters if the certification is submitted after 
the enrollment period has ended.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect eight months after the date of the enactment of this Act, and 
shall apply with respect to enrollments in courses or programs of 
education or training beginning on or after that date.

SEC. 2. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY ENTITIES IN DEFINITION 
              OF EDUCATIONAL INSTITUTION.

    (a) In General.--Sections 3452(c) and 3501(a)(6) of title 38, 
United States Code, are each amended by adding at the end the following 
new sentence: ``Such term also includes any private entity (that meets 
such requirements as the Secretary may establish) that offers, either 
directly or under an agreement with another entity (that meets such 
requirements), a course or courses to fulfill requirements for the 
attainment of a license or certificate generally recognized as 
necessary to obtain, maintain, or advance in employment in a profession 
or vocation in a high technology occupation (as determined by the 
Secretary).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to enrollments in courses occurring on or after the date of the 
enactment of this Act.
                                 <all>