1.Accelerated payment of
tuition
(a)
(1)Chapter 33 of title 38, United States Code, is amended by
adding at the end the following new section:
3325.Accelerated
payment of educational assistance
(a)Payment on
Accelerated BasisThe 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)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)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
entitlementFor 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)(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)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)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)
(1)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)
(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)
(1)Subchapter III of chapter 32 of such title is amended by
adding at the end the following new section:
3235.Accelerated
payment of educational assistance
(a)Payment on
Accelerated BasisAn
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)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)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)(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)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)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)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)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)Section 16162a of title 10, United States Code, is
amended—
(1)by striking
subsection (b) and inserting the following new subsection (b):
(b)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)(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)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.