[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3363 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3363

   To amend title 38, United States Code, to provide for accelerated 
   payment of survivors' and dependents' educational assistance for 
         certain programs of education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2006

  Mr. DeWine 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 provide for accelerated 
   payment of survivors' and dependents' educational assistance for 
         certain programs of education, 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 PAYMENT OF SURVIVORS' AND DEPENDENTS' 
              EDUCATIONAL ASSISTANCE FOR CERTAIN PROGRAMS OF EDUCATION.

    (a) In General.--Subchapter IV of chapter 35 of title 38, United 
States Code, is amended by inserting after section 3532 the following 
new section:
``Sec. 3532A. Accelerated payment of educational assistance allowance
    ``(a) The educational assistance allowance payable under section 
3531 of this title with respect to an eligible person described in 
subsection (b) may, upon the election of such eligible person, be paid 
on accelerated basis in accordance with this section.
    ``(b) An eligible person described in this subsection is an 
individual who is--
            ``(1) enrolled in either--
                    ``(A) an approved program of education that leads 
                to employment in a high technology occupation in a high 
                technology industry (as determined pursuant to 
                regulations prescribed by the Secretary); or
                    ``(B) an approved program of education lasting less 
                than two years that leads to employment in a sector of 
                the economy, as identified by the Department of Labor, 
                that--
                            ``(i) is projected to--
                                    ``(I) experience a substantial 
                                increase in the number of jobs; or
                                    ``(II) positively affect the growth 
                                of another sector of the economy; or
                            ``(ii) consists of existing or emerging 
                        businesses that are being transformed by 
                        technology and innovation and require new 
                        skills for workers; 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 educational assistance 
        allowance otherwise payable with respect to the individual 
        under section 3531 of this title.
    ``(c)(1) The amount of the accelerated payment of educational 
assistance payable with respect to an eligible person 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 educational assistance 
        allowance 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 educational assistance 
allowance is elected by an eligible person under subsection (a) shall 
certify to the Secretary the amount of the established charges for the 
program of education.
    ``(d) An accelerated payment of educational assistance allowance 
made with respect to an eligible person 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 regarding--
            ``(1) the person's enrollment in and pursuit of the program 
        of education; and
            ``(2) the amount of the established charges for the program 
        of education.
    ``(e)(1) Except as provided in paragraph (2), for each accelerated 
payment of educational assistance allowance made with respect to an 
eligible person under this section, the person'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 educational 
assistance allowance otherwise payable with respect to the person under 
section 3531 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 educational assistance allowance 
otherwise payable with respect to an eligible person under section 3531 
of this title increases during the enrollment period of a program of 
education for which an accelerated payment of educational assistance 
allowance is made under this section, the charge to the person's 
entitlement to educational assistance under this chapter shall be 
determined by prorating the entitlement chargeable, in the manner 
provided for under paragraph (1), for the periods covered by the 
initial rate and increased rate, respectively, in accordance with 
regulations prescribed by the Secretary.
    ``(f) The Secretary may not make an accelerated payment of 
educational assistance allowance under this section for a program of 
education with respect to an eligible person who has received an 
advance payment under section 3680(d) of this title for the same 
enrollment period.
    ``(g) For purposes of this section, a program of education includes 
a program of education (as defined in section 3002(3) of this title) 
pursued at a tribally controlled college or university (as such term is 
defined in section 2 of the Tribally Controlled College or University 
Assistance Act of 1978 (25 U.S.C. 1801).
    ``(h) The Secretary shall prescribe regulations to carry out this 
section. The regulations shall include requirements, conditions, and 
methods for the request, issuance, delivery, certification of receipt 
and use, and recovery of overpayment of an accelerated payment of 
educational assistance allowance under this section. The regulations 
may include such elements of the regulations prescribed under section 
3014A of this title as the Secretary considers appropriate for purposes 
of this section''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 35 of such title is amended by inserting after the item 
relating to section 3532 the following new item:

``3532A. Accelerated payment of educational assistance allowance.''.
                                 <all>