II 109th CONGRESS 2d Session S. 3363 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.

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:

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. .