[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4279 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4279

To amend titles 38 and 10, United States Code, to authorize accelerated 
 payments of educational assistance to certain veterans and members of 
              the reserve components of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2009

 Mr. Quigley 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 titles 38 and 10, United States Code, to authorize accelerated 
 payments of educational assistance to certain veterans and members of 
              the reserve components of the Armed Forces.

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

SECTION 1. ACCELERATED PAYMENT OF TUITION.

    (a) Chapter 33 of Title 38.--
            (1) In general.--Chapter 33 of title 38, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3325. Accelerated payment of educational assistance
    ``(a) Payment on Accelerated Basis.--The educational assistance 
allowance payable under this chapter with respect to an eligible 
individual 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 Individual.--An eligible individual described in 
this subsection is an individual entitled to educational assistance 
under this chapter if--
            ``(1) the individual is enrolled in an approved program of 
        education under this chapter;
            ``(2) the Secretary has not directly paid the established 
        charges to the institution of higher learning under section 
        3313(g) of this title by the date that is seven days after the 
        date on which the quarter, semester, or term (as applicable) of 
        the program of education begins; and
            ``(3) such failure to pay the established charges is 
        through no fault of the individual.
    ``(c) Amount of Accelerated Payment.--(1) The amount of the 
accelerated payment of educational assistance payable with respect to 
an eligible individual making an election under subsection (a) for a 
program of education shall be the amount equal to the established 
charges for the program of education.
    ``(2) In this subsection, the term `established charges' has the 
meaning given the term in section 3313(h) of this title.
    ``(3) The institution of higher learning providing the program of 
education for which an accelerated payment of educational assistance 
allowance is elected by an eligible individual 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 individual under 
this section for a program of education shall be made not later than 14 
days after the date on which the Secretary of Veterans Affairs receives 
a certification from the educational institution regarding--
            ``(1) the individual'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 
individual under this section, the individual's entitlement to 
educational assistance under this chapter shall be charged the amount 
otherwise payable with respect to the individual under section 
3313(c)(1)(A) of this title (and of similar amounts payable under 
paragraphs (2) through (7) of subsection (c) of such section) as of the 
beginning date of the enrollment period for the program of education 
for which the accelerated payment is made.
    ``(f) Status of Veteran.--(1) A program of education may not be 
approved by a State approving agency for purposes of this chapter 
unless the institution of higher learning--
            ``(A) allows an eligible individual to enroll in the 
        program of education and attend classes during the period 
        preceding the date on which an accelerated payment is made 
        under subsection (a); and
            ``(B) does not assess late fees or other charges for the 
        period preceding the date on which an accelerated payment is 
        made under subsection (a).
    ``(2) Paragraph (1) may not be construed to prohibit an institution 
of higher learning from withholding any grades, transfer credits, or 
degrees earned by an eligible individual before the established charges 
are paid.
    ``(g) 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 considers 
appropriate for purposes of this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 3324 the following new item:

``3325. Accelerated payment of educational assistance.''.
    (b) Chapter 30 of Title 38.--
            (1) In general.--Section 3014A of such title is amended--
                    (A) by striking subsection (b) and inserting the 
                following new subsection (b):
    ``(b) An individual described in this subsection is one of the 
following:
            ``(1) An individual who is--
                    ``(A) 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); 
                and
                    ``(B) 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.
            ``(2) An individual who is entitled to basic educational 
        assistance under this subchapter if--
                    ``(A) the individual is enrolled in an approved 
                program of education;
                    ``(B) the Secretary has not paid to the individual 
                the basic educational assistance allowance otherwise 
                payable to the individual under section 3015 of this 
                title by the date that is seven days after the date on 
                which the quarter, semester, or term (as applicable) of 
                the program of education begins; and
                    ``(C) such failure to pay the allowance is through 
                no fault of the individual.'';
                    (B) by redesignating subsection (g) as subsection 
                (h); and
                    (C) by inserting after subsection (f) the following 
                new subsection (g):
    ``(g)(1) A program of education may not be approved by a State 
approving agency for purposes of this chapter unless the educational 
institution--
            ``(A) allows an eligible individual to enroll in the 
        program of education and attend classes during the period 
        preceding the date on which an accelerated payment is made 
        under subsection (a); and
            ``(B) does not assess late fees or other charges for the 
        period preceding the date on which an accelerated payment is 
        made under subsection (a).
    ``(2) Paragraph (1) may not be construed to prohibit an educational 
institution from withholding any grades, transfer credits, or degrees 
earned by an eligible individual before the individual pays the 
established charges.''.
            (2) Clerical amendments.--
                    (A) The section heading for such section is amended 
                by striking ``for education leading to employment in 
                high technology occupation in high technology 
                industry''.
                    (B) The table of sections at the beginning of 
                chapter 30 of title 38, United States Code, is amended 
                by striking the item relating to section 3014A and 
                inserting the following new item:

``3014A. Accelerated payment of basic educational assistance.''.
    (c) Chapter 32 of Title 38.--
            (1) In general.--Subchapter III of chapter 32 of such title 
        is amended by adding at the end the following new section:
``Sec. 3235. Accelerated payment of educational assistance
    ``(a) Payment on Accelerated Basis.--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 3231 of this title.
    ``(b) Eligible Individual.--An eligible individual described in 
this subsection is an individual entitled to educational assistance 
under this chapter if--
            ``(1) the individual is enrolled in an approved program of 
        education;
            ``(2) the Secretary has not paid to the individual the 
        educational assistance monthly benefit payments otherwise 
        payable to the individual under section 3231 of this title by 
        the date that is seven days after the date on which the 
        quarter, semester, or term (as applicable) of the program of 
        education begins; and
            ``(3) such failure to pay the allowance is through no fault 
        of the individual.
    ``(c) Amount of Accelerated Payment.--(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 educational assistance 
allowance is elected by an eligible individual 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 individual under 
this section for a program of education shall be made not later than 14 
days after the date on which the Secretary of Veterans Affairs receives 
a certification from the educational institution regarding--
            ``(1) the individual'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.--(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 3231 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 3231 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 charge to the individual's entitlement to basic 
educational assistance under this chapter shall be determined by 
prorating the entitlement chargeable, in the matter 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) Status of Veteran.--(1) A program of education may not be 
approved by a State approving agency for purposes of this chapter 
unless the educational institution--
            ``(A) allows an eligible individual to enroll in the 
        program of education and attend classes during the period 
        preceding the date on which an accelerated payment is made 
        under subsection (a); and
            ``(B) does not assess late fees or other charges for the 
        period preceding the date on which an accelerated payment is 
        made under subsection (a).
    ``(2) Paragraph (1) may not be construed to prohibit an educational 
institution from withholding any grades, transfer credits, or degrees 
earned by an eligible individual before the individual pays the 
established charges.
    ``(g) Advanced Payments.--The Secretary may not make an accelerated 
payment under this section for a program of education to an individual 
who has received an advance payment under section 3680(d) of this title 
for the same enrollment period.
    ``(h) 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.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 3234 the following new item:

``3235. Accelerated payment of educational assistance.''.
    (d) Chapter 1606 of Title 10.--Section 16131a of title 10, United 
States Code, is amended--
            (1) by striking subsection (b) and inserting the following 
        new subsection (b):
    ``(b) An eligible person described in this subsection is a person 
entitled to educational assistance under this chapter who is one of the 
following:
            ``(1) An individual who is--
                    ``(A) 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 (h); and
                    ``(B) 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 16131 
                of this title.
            ``(2) An individual who is entitled to basic educational 
        assistance under this chapter if--
                    ``(A) the individual is enrolled in an approved 
                program of education;
                    ``(B) the Secretary concerned has not paid to the 
                individual the basic educational assistance allowance 
                otherwise payable to the individual under section 16131 
                of this title by the date that is seven days after the 
                date on which the quarter, semester, or term (as 
                applicable) of the program of education begins; and
                    ``(C) such failure to pay the allowance is through 
                no fault of the individual.'';
            (2) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (e) the following new 
        subsection (f):
    ``(g)(1) A program of education that is approved by a State 
approving agency for purposes of chapter 30 of title 38 may not be 
deemed to be approved for purposes of this chapter unless the 
educational institution--
            ``(A) allows an eligible person to enroll in the program of 
        education and attend classes during the period preceding the 
        date on which an accelerated payment is made under subsection 
        (a); and
            ``(B) does not assess late fees or other charges for the 
        period preceding the date on which an accelerated payment is 
        made under subsection (a).
    ``(2) Paragraph (1) may not be construed to prohibit an educational 
institution from withholding any grades, transfer credits, or degrees 
earned by an eligible individual before the individual pays the 
established charges.''.
    (e) Chapter 1607 of Title 10.--Section 16162a of title 10, United 
States Code, is amended--
            (1) by striking subsection (b) and inserting the following 
        new subsection (b):
    ``(b) Eligible Members.--An eligible member described in this 
subsection is a member of a reserve component entitled to educational 
assistance under this chapter who is one of the following:
            ``(1) An individual who is--
                    ``(A) 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 (h); and
                    ``(B) 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.
            ``(2) An individual who is entitled to basic educational 
        assistance under this chapter if--
                    ``(A) the individual is enrolled in an approved 
                program of education;
                    ``(B) the Secretary concerned has not paid to the 
                individual the basic educational assistance allowance 
                otherwise payable to the individual under section 16162 
                of this title by the date that is seven days after the 
                date on which the quarter, semester, or term (as 
                applicable) of the program of education begins; and
                    ``(C) such failure to pay the allowance is through 
                no fault of the individual.'';
            (2) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (e) the following new 
        subsection (f):
    ``(g) Status of Member.--(1) A program of education that is 
approved by a State approving agency for purposes of chapter 30 of 
title 38 may not be deemed to be approved for purposes of this chapter 
unless the educational institution--
            ``(A) allows an eligible member to enroll in the program of 
        education and attend classes during the period preceding the 
        date on which an accelerated payment is made under subsection 
        (a); and
            ``(B) does not assess late fees or other charges for the 
        period preceding the date on which an accelerated payment is 
        made under subsection (a).
    ``(2) Paragraph (1) may not be construed to prohibit an educational 
institution from withholding any grades, transfer credits, or degrees 
earned by an eligible individual before the individual pays the 
established charges.''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act.
                                 <all>