[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1293 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1293

 To amend titles 10 and 38, United States Code, to improve educational 
assistance for members and former members of the Armed Forces, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2007

   Mr. Craig introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend titles 10 and 38, United States Code, to improve educational 
assistance for members and former members of the Armed Forces, 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. SHORT TITLE.

    This Act may be cited as the ``Veterans' Education and Vocational 
Benefits Improvement Act of 2007''.

SEC. 2. TEMPORARY EXPANSION OF COURSES FOR WHICH ACCELERATED PAYMENT OF 
              EDUCATIONAL ASSISTANCE MAY BE MADE.

    (a) Accelerated Payment Under Montgomery GI Bill for Certain Short-
Term Programs.--
            (1) In general.--Section 3014A of title 38, United States 
        Code, is amended--
                    (A) in subsection (b)--
                            (i) by striking ``who is--'' and inserting 
                        ``who--'';
                            (ii) by striking paragraph (1) and 
                        inserting the following new paragraph (1):
            ``(1)(A) is enrolled in 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) during the period beginning on October 1, 2008, and 
        ending on September 30, 2012, first enrolls in any other 
        approved program of education not exceeding two years in 
        duration and not leading to an associate, bachelors, masters, 
        or other degree, subject to subsection (h); and''; and
                            (iii) in paragraph (2), by inserting ``is'' 
                        before ``charged''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(h) The aggregate amount of basic educational assistance payable 
under this section in any fiscal year for enrollments covered by 
subsection (b)(1)(B) may not exceed $3,000,000.''.
            (2) Conforming amendment.--Such section is further amended 
        in the heading by striking ``leading to employment in high 
        technology occupation in high technology industry''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 30 of such title is amended in the item 
        relating to section 3014A by striking ``leading to employment 
        in high technology occupation in high technology industry''.
    (b) Accelerated Payment of Survivors' and Dependents' Educational 
Assistance.--
            (1) In general.--Subchapter IV of chapter 35 of such title 
        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 an accelerated basis in accordance with this section.
    ``(b) An eligible person described in this subsection is an 
individual who--
            ``(1) during the period beginning on October 1, 2008, and 
        ending on September 30, 2012, first enrolls in an approved 
        program of education not exceeding two years in duration and 
        not leading to an associate, bachelors, masters, or other 
        degree, subject to subsection (h); and
            ``(2) is 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 individuals who are not eligible for 
benefits under this chapter and who are 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 
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) 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.
    ``(h) The aggregate amount of educational assistance payable under 
this section in any fiscal year for enrollments covered by subsection 
(b)(1) may not exceed $1,000,000.''.
            (2) 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.''.
    (c) Accelerated Payment of Educational Assistance for Members of 
the Selected Reserve.--
            (1) In general.--Chapter 1606 of title 10, United States 
        Code, is amended by inserting after section 16131 the following 
        new section:
``Sec. 16131A. Accelerated payment of educational assistance
    ``(a) The educational assistance allowance payable under section 
16131 of this title with respect to an eligible person described in 
subsection (b) may, upon the election of such eligible person, be paid 
on an accelerated basis in accordance with this section.
    ``(b) An eligible person described in this subsection is a person 
entitled to educational assistance under this chapter who--
            ``(1) during the period beginning on October 1, 2008, and 
        ending on September 30, 2012, first enrolls in an approved 
        program of education not exceeding two years in duration and 
        not leading to an associate, bachelors, masters, or other 
        degree, subject to subsection (g); and
            ``(2) is 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 
        person under section 16131 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 person 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 of Veterans 
Affairs) for tuition and fees which similarly circumstanced individuals 
who are not eligible for benefits under this chapter and who are 
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 a person 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 a person 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 of Veterans Affairs 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 of 
Veterans Affairs 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 
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 16131 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 
16131 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 of Veterans Affairs.
    ``(f) The Secretary of Veterans Affairs 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 title 38 as the Secretary of Veterans 
Affairs considers appropriate for purposes of this section.
    ``(g) The aggregate amount of educational assistance payable under 
this section in any fiscal year for enrollments covered by subsection 
(b)(1) may not exceed $2,000,000.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1606 of such title is amended by inserting 
        after the item relating to section 16131 the following new 
        item:

``16131A. Accelerated payment of educational assistance.''.
    (d) Accelerated Payment of Educational Assistance for Reserve 
Component Members Supporting Contingency Operations and Other 
Operations.--
            (1) In general.--Chapter 1607 of title 10, United States 
        Code, is amended by inserting after section 16162 the following 
        new section:
``Sec. 16162A. Accelerated payment of educational assistance
    ``(a) The educational assistance allowance payable under section 
16162 of this title with respect to an eligible member described in 
subsection (b) may, upon the election of such eligible member, be paid 
on an accelerated basis in accordance with this section.
    ``(b) An eligible member described in this subsection is a member 
of a reserve component entitled to educational assistance under this 
chapter who--
            ``(1) during the period beginning on October 1, 2008, and 
        ending on September 30, 2012, first enrolls in an approved 
        program of education not exceeding two years in duration and 
        not leading to an associate, bachelors, masters, or other 
        degree, subject to subsection (g); and
            ``(2) is 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 
        member under section 16162 of this title.
    ``(c)(1) The amount of the accelerated payment of educational 
assistance payable with respect to an eligible member 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 member 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 of Veterans 
Affairs) for tuition and fees which similarly circumstanced individuals 
who are not eligible for benefits under this chapter and who are 
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 a member enrolled in a program of 
        education offered on a term, quarter, or semester basis, the 
        tuition and fees charged the member for the term, quarter, or 
        semester.
            ``(B) In the case of a member enrolled in a program of 
        education not offered on a term, quarter, or semester basis, 
        the tuition and fees charged the member 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 member under subsection (a) shall 
certify to the Secretary of Veterans Affairs 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 member 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 of 
Veterans Affairs receives a certification from the educational 
institution regarding--
            ``(1) the member'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 member under this section, the member's entitlement to 
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 member under 
section 16162 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 member under section 
16162 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 member'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 of Veterans Affairs.
    ``(f) The Secretary of Veterans Affairs 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 title 38 as the Secretary of Veterans 
Affairs considers appropriate for purposes of this section.
    ``(g) The aggregate amount of educational assistance payable under 
this section in any fiscal year for enrollments covered by subsection 
(b)(1) may not exceed $1,000,000.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1607 of such title is amended by inserting 
        after the item relating to section 16162 the following new 
        item:

``16162A. Accelerated payment of educational assistance.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.

SEC. 3. ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT 
              MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND OTHER 
              OPERATIONS.

    (a) Assistance for Three Years Cumulative Service.--Subsection 
(c)(4)(C) of section 16162 of title 10, United States Code, is amended 
by striking ``for two continuous years or more.'' and inserting ``for--
                    ``(i) two continuous years or more; or
                    ``(ii) an aggregate of three years or more.''.
    (b) Contributions for Increased Amount of Educational Assistance.--
            (1) In general.--Such section is further amended by adding 
        at the end the following new subsection:
    ``(f) Contributions for Increased Amount of Educational 
Assistance.--(1)(A) Any individual eligible for educational assistance 
under this section may contribute amounts for purposes of receiving an 
increased amount of educational assistance as provided for in paragraph 
(2).
    ``(B) An individual covered by subparagraph (A) may make the 
contributions authorized by that subparagraph at any time while a 
member of a reserve component, but not more frequently than monthly.
    ``(C) The total amount of the contributions made by an individual 
under subparagraph (A) may not exceed $600. Such contributions shall be 
made in multiples of $20.
    ``(D) Contributions under this subsection shall be made to the 
Secretary concerned. Such Secretary shall deposit any amounts received 
as contributions under this subsection into the Treasury as 
miscellaneous receipts.
    ``(2) Effective as of the first day of the enrollment period 
following the enrollment period in which an individual makes 
contributions under paragraph (1), the monthly amount of educational 
assistance allowance applicable to such individual under this section 
shall be the monthly rate otherwise provided for under subsection (c) 
increased by--
            ``(A) an amount equal to $5 for each $20 contributed by 
        such individual under paragraph (1) for an approved program of 
        education pursued on a full-time basis; or
            ``(B) an appropriately reduced amount based on the amount 
        so contributed as determined under regulations that the 
        Secretary of Veterans Affairs shall prescribe, for an approved 
        program of education pursued on less than a full-time basis.''.
                                 <all>