I 111th CONGRESS 1st Session H. R. 1336 IN THE HOUSE OF REPRESENTATIVES March 5, 2009 Ms. Herseth Sandlin (for herself and Mr. Boozman) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 38, United States Code, to make certain improvements in the basic educational assistance program administered by the Secretary of Veterans Affairs, and for other purposes.
1.
Short title
This Act may be cited as the Veterans Education Improvement Act of 2009.
2.
Use of educational assistance for business courses and seminars
(a)
In general
The Secretary of Veterans Affairs shall ensure that individuals entitled to educational assistance under laws administered by the Secretary are entitled to use such assistance for business courses and seminars, if such courses or seminars are related to the operation of a business, and for continuing education courses. The Secretary shall treat the courses referred to in the preceding sentence in a similar manner as licensing and certification courses. (b)
Effective date
Subsection (a) shall take effect on September 1, 2010.
3.
Use of educational assistance for courses taken to prepare for licensing or certification tests
(a)
Basic educational assistance
Section 3452(b) of title 38, United States Code, is amended by inserting after the fourth sentence the following new sentence: Such term also includes preparatory courses for licensing or certification tests described in the preceding sentence, as designated by the Secretary.. (b)
Survivors’ and dependents’ educational assistance
Section 3501(a)(5) of title 38, United States Code, is amended by inserting after the second sentence the following new sentence: Such term also includes preparatory courses for licensing or certification tests described in the preceding sentence, as designated by the Secretary.. (c)
Effective date
The amendments made by subsections (a) and (b) shall take effect on September 1, 2010.
4.
Use of educational assistance to repay Federal student loans
(a)
Montgomery GI Bill
(1)
In general
Subchapter II of chapter 30 of title 38, United States Code, is amended by inserting after section 3020 the following new section:
3020A.
Use of educational assistance benefits for the repayment of Federal student loans for certain courses of education
(a)
Use of benefits
Notwithstanding any other provision of this chapter, and subject to subsections (b) through (e), an individual who is serving on active duty and who is entitled to educational assistance under this subchapter may apply amounts of such educational assistance otherwise available to the individual to repay some or all of any Federal student loan balance owed by the individual for a course of education pursued by the individual. (b)
Limitations on payments
(1)The amount of an individual’s entitlement to educational assistance that the individual may apply to the repayment of a student loan balance under subsection (a) may not exceed $7,000 in any 12-month period. (2)In no event shall payment of educational assistance under this section exceed the amount of the individual’s available entitlement under this chapter. (3)An individual entitled to educational assistance under this subchapter may not apply such educational assistance to any of the following: (A)A loan made to the parents of a dependent student under section 428B of the Higher Education Act of 1965. (B)A Federal Direct PLUS Loan made to the parents of a dependent student. (C)A loan made under section 428C or 455(g) of such Act, to the extent that such loan was used to repay— (i)a loan made to the parent of a dependent student under section 428B of such Act; or (ii)a Federal Direct PLUS Loan made to the parents of a dependent student. (c)
Amount of payments
The Secretary shall make monthly payments under this section in such amounts as the individual may elect for the repayment of a Federal student loan of such an individual. (d)
Arrangements To make payments
The Secretary shall enter into such arrangements, and shall prescribe such regulations, as may be necessary to carry out this section. (e)
Federal student loan defined
In this section, the term Federal student loan means any loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
. (2)
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3020 the following new item: 3020A. Use of educational assistance benefits for the repayment of Federal student loans for certain courses of education. . (b)
Post-9–11 educational assistance program
(1)
In general
Subchapter II of chapter 33 of title 38, United States Code, is amended by inserting after section 3319 the following new section:
3320.
Use of educational assistance benefits for the repayment of Federal student loans for certain courses of education
(a)
Use of benefits
Notwithstanding any other provision of this chapter, and subject to subsections (b) through (e), an individual who is serving on active duty and who is entitled to educational assistance under this subchapter may apply amounts of such educational assistance otherwise available to the individual to repay some or all of any Federal student loan balance owed by the individual for a course of education pursued by the individual. (b)
Limitations on payments
(1)
Limitation on amount in any 12-month period
The amount of an individual’s entitlement to educational assistance that the individual may apply to the repayment of a student loan balance under subsection (a) may not exceed $6,000 in any 12-month period. (2)
Limitation on total amount
In no event shall payment of educational assistance under this section exceed the amount of the individual’s available entitlement under this chapter. (3)
Prohibition on use for certain loans
An individual entitled to educational assistance under this subchapter may not apply such educational assistance to any of the following: (A)A loan made to the parents of a dependent student under section 428B of the Higher Education Act of 1965. (B)A Federal Direct PLUS Loan made to the parents of a dependent student. (C)A loan made under section 428C or 455(g) of such Act, to the extent that such loan was used to repay— (i)a loan made to the parent of a dependent student under section 428B of such Act; or (ii)a Federal Direct PLUS Loan made to the parents of a dependent student. (c)
Amount of payments
The Secretary shall make monthly payments under this section in such amounts as the individual may elect for the repayment of a Federal student loan of such an individual. (d)
Arrangements To make payments
The Secretary shall enter into such arrangements, and shall prescribe such regulations, as may be necessary to carry out this section. (e)
Federal student loan defined
In this section, the term Federal student loan means any loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
. (2)
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3319 the following new item: 3320. Use of educational assistance benefits for the repayment of Federal student loans for certain courses of education. . (c)
Effective Date
The amendments made by this section shall apply with respect to educational assistance paid for months beginning on or after September 1, 2010.
5.
Opportunity to withdraw election not to enroll in educational assistance program
(a)
Basic educational assistance for active duty service
(1)
Opportunity to withdraw
Subsection (c) of section 3011 of title 38, United States Code, is amended by adding at the end the following new paragraph: (4)An individual who makes an election not to receive educational assistance under paragraph (1) may withdraw that election at any time and, after making such withdrawal, shall be entitled to educational assistance under this chapter in the same manner as if the individual had never made that election, if, at the time the individual makes such withdrawal, the individual is serving on active duty as a member of the Armed Forces. . (2)
Conforming amendment
Paragraph (1) of such subsection is amended in the third sentence by striking Any individual and inserting Except as provided in paragraph (4), any individual. (b)
Basic educational assistance for service in the Selected Reserve
(1)
Opportunity to withdraw
Subsection (d) of section 3012 of title 38, United States Code, is amended by adding at the end the following new paragraph: (4)An individual who makes an election not to receive educational assistance under paragraph (1) may withdraw that election at any time and, after making such withdrawal, shall be entitled to educational assistance under this chapter in the same manner as if the individual had never made that election, if, at the time the individual makes such withdrawal, the individual is serving on active duty as a member of the Armed Forces. . (2)
Conforming amendment
Paragraph (1) of such subsection is amended in the third sentence by striking Any individual and inserting Except as provided in paragraph (4), any individual. (c)
Effective date
The amendments made by subsections (a) and (b) shall take effect on September 1, 2010, and shall apply with respect to an individual who is serving on active duty as a member of the Armed Forces on or after that date.
6.
Extension of increase in benefit for certain individuals pursuing apprenticeships or on-job training
(a)
Members of the Selected Reserve
Subsection (d) of section 103 of the Veterans Earn and Learn Act of 2004 (Public Law 108–454; 38 U.S.C. 3032 note) is amended by striking January 1, 2008 and inserting January 1, 2014. (b)
Survivors and dependents
Subsection (c) of such section is amended by striking January 1, 2008 and inserting January 1, 2014. (c)
Certain other individuals
Subsection (a) of such section is amended by striking January 1, 2008 and inserting January 1, 2014. (d)
Effective date
The amendments made by this section shall take effect on September 1, 2010.
7.
Provision of basic educational assistance benefits for veterans discharged from active duty with general discharge
(a)
Montgomery GI Bill
(1)
Active duty service
Section 3011(a)(3)(B) of title 38, United States Code, is amended by inserting or a general discharge (under honorable conditions) before the period at the end. (2)
Service in Selected Reserve
Section 3012(a)(3)(A) of such title is amended by inserting or a general discharge (under honorable conditions) before the semicolon. (b)
Post-9–11 educational assistance program
Section 3311(c)(1) of such title is amended by inserting or a general discharge (under honorable conditions) before the period at the end. (c)
Effective date
The amendments made by subsections (a) and (b) shall apply with respect to an individual who is discharged from service in the Armed Forces on or after September 1, 2010.
8.
Increase in amount of reporting fee payable to educational institutions that enroll veterans receiving educational assistance
(a)
Increase in amount of fee
Subsection (c) of section 3684 of title 38, United States Code, is amended— (1)by striking $7 and inserting $21; and (2)by striking $11 and inserting $21. (b)
Technical correction
Subsection (a) of such section is amended by striking the second comma after 34. (c)
Effective date
The amendments made by subsections (a) and (b) shall take effect on September 1, 2010.
9.
Provision of additional areas of work-study for veterans
(a)
In general
Subsection (a)(4) of section 3485 of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G)The provision of placement services described in section 3104(a)(5) of this title at an educational institution carried out under the supervision of a Department employee. . (b)
Work study for students enrolled on half-time basis
Subsection (b) of such section is amended— (1)in the first sentence, by striking three-quarters and inserting half; and (2)in the third sentence, by striking three-quarter-time and inserting half-time. (c)
Effective date
The amendments made by this section shall apply with respect to agreements entered into under section 3485 of title 38, United States Code, on or after September 1, 2010.
10.
5-year pilot program for on-campus work-study positions
(a)
Establishment of pilot program
Beginning not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of qualifying work-study activities under subsection (a)(4) of section 3485 of title 38, United States Code, including work-study positions available on site at educational institutions. (b)
Type of work-study positions
The work-study positions referred to in subsection (a) may include positions in academic departments (including positions as tutors or research, teaching, and lab assistants) and in student services (including positions in career centers and financial aid, campus orientation, cashiers, admissions, records, and registration offices). (c)
Regulations
The Secretary shall prescribe regulations to carry out the pilot project under this section, including regulations providing for the supervision of work-study positions referred to in subsection (a) by appropriate personnel. (d)
Authorization of appropriations
There are authorized to be appropriated to the Secretary $10,000,000 for each of the fiscal years during which the Secretary carries out the pilot project under this section.
11.
Modification of advance payment of initial educational assistance or subsistence allowance
(a)
Modification
Section 3680(d)(2) of title 38, United States Code, is amended by inserting after the third sentence the following new sentence: For purposes of the entitlement to educational assistance of the veteran or person receiving an advance payment under this subsection, the advance payment shall be charged against the final month of the entitlement of the person or veteran and, if necessary, the penultimate such month. In no event may any veteran or person receive more than one advance payment under this subsection during any academic year.. (b)
Effective date
The amendment made by subsection (a) shall apply with respect to an advance payment of educational assistance made on or after September 1, 2010.
12.
Consideration of additional contributions and payments in calculating entitlement charge for certain programs of education
(a)
Tuition assistance
Section 3014(b)(2)(C) of title 38, United States Code, is amended by striking or (e)(1) of section 3015 of this title, and inserting (e)(1), or (g) of section 3015 of this title, or section 16131(I) of title 10,. (b)
Flight training
Section 3032(e)(3) of such title is amended by striking or (e)(1) of section 3015 of this title, and inserting (e)(1), or (g) of section 3015 of this title, or section 16131(I) of title 10,. (c)
Licensing and certification tests
Section 3032(f)(2) of such title is amended by striking or (e)(1) of section 3015 of this title, and inserting (e)(1), or (g) of section 3015 of this title, or section 16131(I) of title 10,.
13.
Accelerated payment of educational assistance
(a)
In general
Chapter 33 of title 38, United States Code, as amended by section 4, is further amended by inserting after section 3320, as added by section 4, the following new section:
3320A.
Accelerated payment of educational assistance
(a)
Payment on Accelerated Basis
The educational assistance allowance payable under this chapter 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)
Eligible person
An eligible person described in this subsection is a member of a reserve component entitled to educational assistance under this chapter who is— (1)enrolled 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)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 3313 of this title. (c)
Amount of Accelerated Payment
(1)
Amount
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)
Established charges
(A)
Definition
In this subsection, except as provided in subparagraph (B), 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: (i)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. (ii)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. (B)
Exception
In this subsection, the term established charges does not include any fees or payments attributable to the purchase of a vehicle. (3)
Certification by educational institution
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)
Time of Payment
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)
Charge against entitlement
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 3313 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. (f)
Regulations
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 of Veterans Affairs considers appropriate for purposes of this section. (g)
Limitation
The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $3,000,000.
. (b)
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3320 the following new item: 3320A. Accelerated payment of educational assistance. .