[Congressional Record Volume 153, Number 72 (Thursday, May 3, 2007)]
[Senate]
[Pages S5585-S5588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG:
  S. 1293. 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; to the Committee on Veterans' 
Affairs.
  Mr. CRAIG. Mr. President, I have sought recognition today to comment 
on a bill I am introducing to enhance educational assistance benefits 
provided to active duty servicemembers, veterans, members of the Guard 
and Reserve, and their survivors and dependents by the Department of 
Veterans Affairs, VA, and the Department of Defense.
  In recent years, many veterans' organizations, members of Congress, 
and others have highlighted the need to modernize these education 
programs to support emerging and alternative education opportunities 
and to recognize that the role of Guard and Reserve members has been 
transformed since September 11, 2001. This bill would take significant 
steps in that direction by providing greater flexibility in the use of 
these education benefits, revising eligibility criteria to reflect 
current mobilization strategies for Guard and Reserve units, and 
enhancing the education program for our ``citizen soldiers'' who have 
been called up to serve in the war on terror.
  First, this bill would provide veterans, Guard and Reserve members, 
and their spouses and dependents with additional flexibility in using 
existing education benefits. Traditionally, educational assistance 
benefits have been paid in equal monthly allotments throughout a 
semester or term. For veterans, the maximum basic rate is now $1,075 
per month, which means a veteran may receive at least $9,675 over the 
course of an average school year and almost $39,000 during a 4-year 
college program.
  This system works well for veterans attending a traditional four-year 
college. But, as the Commission on Servicemembers and Veterans 
Transition Assistance reported in 1999, the existing payment structure 
``constrains veterans and servicemembers desiring to enroll in short-
term career-focused technical courses,'' a problem that is ``especially 
acute if the cost of the course dramatically exceeds the benefits 
payable for the few months' duration of the course.''
  That is why in 2001 I cosponsored legislation to establish an 
``accelerated'' payment option for veterans' education benefits. With 
that program now in place, a veteran may receive an up-front, lump-sum 
payment of up to 60 percent of the cost of certain high-tech, high-cost 
programs. Since that option was made available, many veterans have used 
that additional flexibility to train for jobs in high technology 
sectors of the economy, such as the computer and telecommunications 
industry, the aerospace industry, and the electronics industry.
  Then last year, as chairman of the Committee on Veterans' Affairs, I 
supported legislation that would have expanded this option to allow 
accelerated payments for short-term, high-cost education programs 
leading to jobs in any high growth sectors of the economy. Although VA 
also supported that legislation, VA testified that ``implementation 
would be challenging'' and that ``[i]t would be cleaner and more direct 
if the bill simply stated that all high-cost short-term courses were 
eligible for accelerated payments.''
  Having taken those concerns into account, this bill would allow 
veterans to receive accelerated payments for any short-term, high-cost 
education programs, and it would authorize VA to spend up to $3 million 
for those payments in each fiscal year from 2009 to 2012. Not only 
would this provide veterans with the flexibility to pursue 
nontraditional or technical educational opportunities, but it may help 
veterans quickly obtain job skills that currently are in high demand.
  For example, the trucking industry is now experiencing a critical 
shortage of trained drivers, but the GI Bill, as currently structured, 
may pay only a fraction of the cost for a veteran to take the 6 to 8 
week training course, about $2,000 of a total $6,000 bill. With the 
availability of accelerated payments for those and other short-term, 
high-cost training programs, veterans may be able to obtain the skills 
needed

[[Page S5586]]

to thrive in sectors of the economy that, today, are growing rapidly 
and can provide them with lucrative, rewarding career opportunities.
  In addition, the bill would, for the first time, provide Guard and 
Reserve members with the option of receiving accelerated payment of 
their education benefits. They, too, would be eligible to receive up-
front, lump-sum payments of up to 60 percent of the cost of any short-
term, high-cost education program. For fiscal years 2009 to 2012, the 
bill would authorize $2 million per year for the Montgomery GI bill, 
Selected Reserve program and $1 million per year for the smaller 
Reserve Educational Assistance Program to make these payments.
  To ensure that the families of veterans also have flexibility in the 
use of their education benefits, the bill would extend the same 
accelerated payment option to participants in the Survivors' and 
Dependents' Educational Assistance program. It would authorize VA to 
spend up to $1 million per year for those payments in fiscal years 2009 
to 2012.
  The second principal goal of the bill is to update and enhance the 
education program for members of the Guard and Reserve who are called 
to active duty. In 2004, recognizing the increased sacrifices being 
made by our ``citizen soldiers'' who are fighting in the War on Terror, 
Congress created the Reserve Educational Assistance Program for Guard 
and Reserve members who are activated for at least 90 days after 
September 11, 2001. This program was a significant step in the right 
direction, providing a maximum benefit of $860 per month for 36 months, 
a total possible benefit of over $30,000.
  However, the maximum monthly benefit requires a deployment of 2 
continuous years or more of active duty, and the Secretary of Defense 
has recently announced that ``from this point forward, members of the 
Reserves will be involuntarily mobilized for a maximum of one year at 
any one time, in contrast to the current practice of sixteen to twenty-
four months.'' To bring those eligibility criteria in line with current 
practice, this bill would allow members of the Guard or Reserve to 
receive the maximum benefits if they are deployed for an aggregate 
period of 3 or more years.
  Finally, the bill would provide these ``citizen soldiers'' with 
access to a valuable option now available only under the Montgomery GI 
bill program for active duty servicemembers. Specifically, it would 
allow members of the Guard or Reserve to contribute up to $600 in order 
to receive an additional $150 per month in education benefits, which 
amounts to an additional $5,400 in benefits over the course of 36 
months. Under this bill, Guard and Reserve members would, for the first 
time, have access to this valuable opportunity.
  With these modifications, we can take significant strides towards 
ensuring that current education programs are up-to-date and flexible 
and that they provide members of the Guard and Reserve with benefits 
commensurate with the level of service they are now performing on 
behalf of the entire Nation. I urge my colleagues to support this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1293

       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

[[Page S5587]]

     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

[[Page S5588]]

       ``(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.''.
                                 ______