I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ACCELERATED PAYMENT OF TUITION. 

4 (a) CHAPTER 33 OF TITLE 38.— 

5 (1) IN GENERAL.—Chapter 33 of title 38, 

6 United States Code, is amended by adding at the 

7 end the following new section: 


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1 ‘‘§ 3325. Accelerated payment of educational assist2 ance 

3 ‘‘(a) PAYMENT ON ACCELERATED BASIS.—The edu4 cational assistance allowance payable under this chapter 

5 with respect to an eligible individual described in sub6 section (b) may, upon the election of such eligible person, 

7 be paid on an accelerated basis in accordance with this 

8 section. 

9 ‘‘(b) ELIGIBLE INDIVIDUAL.—An eligible individual 

10 described in this subsection is an individual entitled to 

11 educational assistance under this chapter if— 

12 ‘‘(1) the individual is enrolled in an approved 

13 program of education under this chapter; 

14 ‘‘(2) the Secretary has not directly paid the es15 tablished charges to the institution of higher learn16 ing under section 3313(g) of this title by the date 

17 that is seven days after the date on which the quar18 ter, semester, or term (as applicable) of the program 

19 of education begins; and 

20 ‘‘(3) such failure to pay the established charges 

21 is through no fault of the individual. 

22 ‘‘(c) AMOUNT OF ACCELERATED PAYMENT.—(1) The 

23 amount of the accelerated payment of educational assist24 ance payable with respect to an eligible individual making 

25 an election under subsection (a) for a program of eduVerDate Nov 24 2008 05:47 Dec 12, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4279.IH H4279

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1 cation shall be the amount equal to the established charges 

2 for the program of education. 

3 ‘‘(2) In this subsection, the term ‘established charges’ 

4 has the meaning given the term in section 3313(h) of this 

5 title. 

6 ‘‘(3) The institution of higher learning providing the 

7 program of education for which an accelerated payment 

8 of educational assistance allowance is elected by an eligible 

9 individual under subsection (a) shall certify to the Sec10 retary of Veterans Affairs the amount of the established 

11 charges for the program of education. 

12 ‘‘(d) TIME OF PAYMENT.—An accelerated payment 

13 of educational assistance allowance made with respect to 

14 an eligible individual under this section for a program of 

15 education shall be made not later than 14 days after the 

16 date on which the Secretary of Veterans Affairs receives 

17 a certification from the educational institution regard18 ing— 

19 ‘‘(1) the individual’s enrollment in and pursuit 

20 of the program of education; and 

21 ‘‘(2) the amount of the established charges for 

22 the program of education. 

23 ‘‘(e) CHARGE AGAINST ENTITLEMENT.—For each 

24 accelerated payment of educational assistance allowance 

25 made with respect to an eligible individual under this secVerDate Nov 24 2008 05:47 Dec 12, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4279.IH H4279

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1 tion, the individual’s entitlement to educational assistance 

2 under this chapter shall be charged the amount otherwise 

3 payable with respect to the individual under section 

4 3313(c)(1)(A) of this title (and of similar amounts payable 

5 under paragraphs (2) through (7) of subsection (c) of such 

6 section) as of the beginning date of the enrollment period 

7 for the program of education for which the accelerated 

8 payment is made. 

9 ‘‘(f) STATUS OF VETERAN.—(1) A program of edu10 cation may not be approved by a State approving agency 

11 for purposes of this chapter unless the institution of high12 er learning— 

13 ‘‘(A) allows an eligible individual to enroll in 

14 the program of education and attend classes during 

15 the period preceding the date on which an acceler16 ated payment is made under subsection (a); and 

17 ‘‘(B) does not assess late fees or other charges 

18 for the period preceding the date on which an accel19 erated payment is made under subsection (a). 

20 ‘‘(2) Paragraph (1) may not be construed to prohibit 

21 an institution of higher learning from withholding any 

22 grades, transfer credits, or degrees earned by an eligible 

23 individual before the established charges are paid. 

24 ‘‘(g) REGULATIONS.—The Secretary shall prescribe 

25 regulations to carry out this section. The regulations shall 


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1 include requirements, conditions, and methods for the re2 quest, issuance, delivery, certification of receipt and use, 

3 and recovery of overpayment of an accelerated payment 

4 of educational assistance allowance under this section. The 

5 regulations may include such elements of the regulations 

6 prescribed under section 3014A of this title as the Sec7 retary considers appropriate for purposes of this section.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by inserting after the item relating to section 3324 

11 the following new item: 

‘‘3325. Accelerated payment of educational assistance.’’. 

12 (b) CHAPTER 30 OF TITLE 38.— 

13 (1) IN GENERAL.—Section 3014A of such title 

14 is amended— 

15 (A) by striking subsection (b) and insert16 ing the following new subsection (b): 

17 ‘‘(b) An individual described in this subsection is one 

18 of the following: 

19 ‘‘(1) An individual who is— 

20 ‘‘(A) enrolled in an approved program of 

21 education that leads to employment in a high 

22 technology occupation in a high technology in23 dustry (as determined pursuant to regulations 

24 prescribed by the Secretary); and 


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1 ‘‘(B) charged tuition and fees for the pro2 gram of education that, when divided by the 

3 number of months (and fractions thereof) in the 

4 enrollment period, exceeds the amount equal to 

5 200 percent of the monthly rate of basic edu6 cational assistance allowance otherwise payable 

7 to the individual under section 3015 of this 

8 title. 

9 ‘‘(2) An individual who is entitled to basic edu10 cational assistance under this subchapter if— 

11 ‘‘(A) the individual is enrolled in an ap12 proved program of education; 

13 ‘‘(B) the Secretary has not paid to the in14 dividual the basic educational assistance allow15 ance otherwise payable to the individual under 

16 section 3015 of this title by the date that is 

17 seven days after the date on which the quarter, 

18 semester, or term (as applicable) of the pro19 gram of education begins; and 

20 ‘‘(C) such failure to pay the allowance is 

21 through no fault of the individual.’’; 

22 (B) by redesignating subsection (g) as sub23 section (h); and 

24 (C) by inserting after subsection (f) the 

25 following new subsection (g): 


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1 ‘‘(g)(1) A program of education may not be approved 

2 by a State approving agency for purposes of this chapter 

3 unless the educational institution— 

4 ‘‘(A) allows an eligible individual to enroll in 

5 the program of education and attend classes during 

6 the period preceding the date on which an acceler7 ated payment is made under subsection (a); and 

8 ‘‘(B) does not assess late fees or other charges 

9 for the period preceding the date on which an accel10 erated payment is made under subsection (a). 

11 ‘‘(2) Paragraph (1) may not be construed to prohibit 

12 an educational institution from withholding any grades, 

13 transfer credits, or degrees earned by an eligible individual 

14 before the individual pays the established charges.’’. 

15 (2) CLERICAL AMENDMENTS.— 

16 (A) The section heading for such section is 

17 amended by striking ‘‘for education lead18 ing to employment in high technology 

19 occupation in high technology indus20 try’’. 

21 (B) The table of sections at the beginning 

22 of chapter 30 of title 38, United States Code, 

23 is amended by striking the item relating to sec24 tion 3014A and inserting the following new 

25 item: 

‘‘3014A. Accelerated payment of basic educational assistance.’’. 


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1 (c) CHAPTER 32 OF TITLE 38.— 

2 (1) IN GENERAL.—Subchapter III of chapter 

3 32 of such title is amended by adding at the end the 

4 following new section: 

5 ‘‘§ 3235. Accelerated payment of educational assist6 ance 

7 ‘‘(a) PAYMENT ON ACCELERATED BASIS.—An indi8 vidual described in subsection (b) who is entitled to basic 

9 educational assistance under this subchapter may elect to 

10 receive an accelerated payment of the basic educational 

11 assistance allowance otherwise payable to the individual 

12 under section 3231 of this title. 

13 ‘‘(b) ELIGIBLE INDIVIDUAL.—An eligible individual 

14 described in this subsection is an individual entitled to 

15 educational assistance under this chapter if— 

16 ‘‘(1) the individual is enrolled in an approved 

17 program of education; 

18 ‘‘(2) the Secretary has not paid to the indi19 vidual the educational assistance monthly benefit 

20 payments otherwise payable to the individual under 

21 section 3231 of this title by the date that is seven 

22 days after the date on which the quarter, semester, 

23 or term (as applicable) of the program of education 

24 begins; and 


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1 ‘‘(3) such failure to pay the allowance is 

2 through no fault of the individual. 

3 ‘‘(c) AMOUNT OF ACCELERATED PAYMENT.—(1) The 

4 amount of the accelerated payment of basic educational 

5 assistance made to an individual making an election under 

6 subsection (a) for a program of education shall be the less7 er of— 

8 ‘‘(A) the amount equal to 60 percent of the es9 tablished charges for the program of education; or 

10 ‘‘(B) the aggregate amount of basic educational 

11 assistance to which the individual remains entitled 

12 under this chapter at the time of the payment. 

13 ‘‘(2) In this subsection, the term ‘established 

14 charges’, in the case of a program of education, means 

15 the actual charges (as determined pursuant to regulations 

16 prescribed by the Secretary) for tuition and fees which 

17 similarly circumstanced nonveterans enrolled in the pro18 gram of education would be required to pay. Established 

19 charges shall be determined on the following basis: 

20 ‘‘(A) In the case of an individual enrolled in a 

21 program of education offered on a term, quarter, or 

22 semester basis, the tuition and fees charged the indi23 vidual for the term, quarter, or semester. 

24 ‘‘(B) In the case of an individual enrolled in a 

25 program of education not offered on a term, quarter, 


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1 or semester basis, the tuition and fees charged the 

2 individual for the entire program of education. 

3 ‘‘(3) The educational institution providing the pro4 gram of education for which an accelerated payment of 

5 educational assistance allowance is elected by an eligible 

6 individual under subsection (a) shall certify to the Sec7 retary of Veterans Affairs the amount of the established 

8 charges for the program of education. 

9 ‘‘(d) TIME OF PAYMENT.—An accelerated payment 

10 of educational assistance allowance made with respect to 

11 an eligible individual under this section for a program of 

12 education shall be made not later than 14 days after the 

13 date on which the Secretary of Veterans Affairs receives 

14 a certification from the educational institution regard15 ing— 

16 ‘‘(1) the individual’s enrollment in and pursuit 

17 of the program of education; and 

18 ‘‘(2) the amount of the established charges for 

19 the program of education. 

20 ‘‘(e) CHARGE AGAINST ENTITLEMENT.—(1) Except 

21 as provided in paragraph (2), for each accelerated pay22 ment of basic educational assistance made to an individual 

23 under this section, the individual’s entitlement to basic 

24 educational assistance under this chapter shall be charged 

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1 mined by dividing the amount of the accelerated payment 

2 by the full-time monthly rate of basic educational assist3 ance allowance otherwise payable to the individual under 

4 section 3231 of this title as of the beginning date of the 

5 enrollment period for the program of education for which 

6 the accelerated payment is made. 

7 ‘‘(2) If the monthly rate of basic educational assist8 ance allowance otherwise payable to an individual under 

9 section 3231 of this title increases during the enrollment 

10 period of a program of education for which an accelerated 

11 payment of basic educational assistance is made under 

12 this section, the charge to the individual’s entitlement to 

13 basic educational assistance under this chapter shall be 

14 determined by prorating the entitlement chargeable, in the 

15 matter provided for under paragraph (1), for the periods 

16 covered by the initial rate and increased rate, respectively, 

17 in accordance with regulations prescribed by the Sec18 retary. 

19 ‘‘(f) STATUS OF VETERAN.—(1) A program of edu20 cation may not be approved by a State approving agency 

21 for purposes of this chapter unless the educational institu22 tion— 

23 ‘‘(A) allows an eligible individual to enroll in 

24 the program of education and attend classes during 


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1 the period preceding the date on which an acceler2 ated payment is made under subsection (a); and 

3 ‘‘(B) does not assess late fees or other charges 

4 for the period preceding the date on which an accel5 erated payment is made under subsection (a). 

6 ‘‘(2) Paragraph (1) may not be construed to prohibit 

7 an educational institution from withholding any grades, 

8 transfer credits, or degrees earned by an eligible individual 

9 before the individual pays the established charges. 

10 ‘‘(g) ADVANCED PAYMENTS.—The Secretary may not 

11 make an accelerated payment under this section for a pro12 gram of education to an individual who has received an 

13 advance payment under section 3680(d) of this title for 

14 the same enrollment period. 

15 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

16 regulations to carry out this section. The regulations shall 

17 include requirements, conditions, and methods for the re18 quest, issuance, delivery, certification of receipt and use, 

19 and recovery of overpayment of an accelerated payment 

20 of educational assistance allowance under this section. The 

21 regulations may include such elements of the regulations 

22 prescribed under section 3014A of this title as the Sec23 retary of Veterans Affairs considers appropriate for pur24 poses of this section.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by inserting after the item relating to section 3234 

4 the following new item: 

‘‘3235. Accelerated payment of educational assistance.’’. 

5 (d) CHAPTER 1606 OF TITLE 10.—Section 16131a 

6 of title 10, United States Code, is amended— 

7 (1) by striking subsection (b) and inserting the 

8 following new subsection (b): 

9 ‘‘(b) An eligible person described in this subsection 

10 is a person entitled to educational assistance under this 

11 chapter who is one of the following: 

12 ‘‘(1) An individual who is— 

13 ‘‘(A) enrolled in an approved program of 

14 education not exceeding two years in duration 

15 and not leading to an associate, bachelors, mas16 ters, or other degree, subject to subsection (h); 

17 and 

18 ‘‘(B) charged tuition and fees for the pro19 gram of education that, when divided by the 

20 number of months (and fractions thereof) in the 

21 enrollment period, exceeds the amount equal to 

22 200 percent of the monthly rate of educational 

23 assistance allowance otherwise payable with re24 spect to the member under section 16131 of 

25 this title. 


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1 ‘‘(2) An individual who is entitled to basic edu2 cational assistance under this chapter if— 

3 ‘‘(A) the individual is enrolled in an ap4 proved program of education; 

5 ‘‘(B) the Secretary concerned has not paid 

6 to the individual the basic educational assist7 ance allowance otherwise payable to the indi8 vidual under section 16131 of this title by the 

9 date that is seven days after the date on which 

10 the quarter, semester, or term (as applicable) of 

11 the program of education begins; and 

12 ‘‘(C) such failure to pay the allowance is 

13 through no fault of the individual.’’; 

14 (2) by redesignating subsections (f) and (g) as 

15 subsections (g) and (h), respectively; and 

16 (3) by inserting after subsection (e) the fol17 lowing new subsection (f): 

18 ‘‘(g)(1) A program of education that is approved by 

19 a State approving agency for purposes of chapter 30 of 

20 title 38 may not be deemed to be approved for purposes 

21 of this chapter unless the educational institution— 

22 ‘‘(A) allows an eligible person to enroll in the 

23 program of education and attend classes during the 

24 period preceding the date on which an accelerated 

25 payment is made under subsection (a); and 


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1 ‘‘(B) does not assess late fees or other charges 

2 for the period preceding the date on which an accel3 erated payment is made under subsection (a). 

4 ‘‘(2) Paragraph (1) may not be construed to prohibit 

5 an educational institution from withholding any grades, 

6 transfer credits, or degrees earned by an eligible individual 

7 before the individual pays the established charges.’’. 

8 (e) CHAPTER 1607 OF TITLE 10.—Section 16162a 

9 of title 10, United States Code, is amended— 

10 (1) by striking subsection (b) and inserting the 

11 following new subsection (b): 

12 ‘‘(b) ELIGIBLE MEMBERS.—An eligible member de13 scribed in this subsection is a member of a reserve compo14 nent entitled to educational assistance under this chapter 

15 who is one of the following: 

16 ‘‘(1) An individual who is— 

17 ‘‘(A) enrolled in an approved program of 

18 education not exceeding two years in duration 

19 and not leading to an associate, bachelors, mas20 ters, or other degree, subject to subsection (h); 

21 and 

22 ‘‘(B) charged tuition and fees for the pro23 gram of education that, when divided by the 

24 number of months (and fractions thereof) in the 

25 enrollment period, exceeds the amount equal to 


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1 200 percent of the monthly rate of educational 

2 assistance allowance otherwise payable with re3 spect to the member under section 16162 of 

4 this title. 

5 ‘‘(2) An individual who is entitled to basic edu6 cational assistance under this chapter if— 

7 ‘‘(A) the individual is enrolled in an ap8 proved program of education; 

9 ‘‘(B) the Secretary concerned has not paid 

10 to the individual the basic educational assist11 ance allowance otherwise payable to the indi12 vidual under section 16162 of this title by the 

13 date that is seven days after the date on which 

14 the quarter, semester, or term (as applicable) of 

15 the program of education begins; and 

16 ‘‘(C) such failure to pay the allowance is 

17 through no fault of the individual.’’; 

18 (2) by redesignating subsections (f) and (g) as 

19 subsections (g) and (h), respectively; and 

20 (3) by inserting after subsection (e) the fol21 lowing new subsection (f): 

22 ‘‘(g) STATUS OF MEMBER.—(1) A program of edu23 cation that is approved by a State approving agency for 

24 purposes of chapter 30 of title 38 may not be deemed to 


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1 be approved for purposes of this chapter unless the edu2 cational institution— 

3 ‘‘(A) allows an eligible member to enroll in the 

4 program of education and attend classes during the 

5 period preceding the date on which an accelerated 

6 payment is made under subsection (a); and 

7 ‘‘(B) does not assess late fees or other charges 

8 for the period preceding the date on which an accel9 erated payment is made under subsection (a). 

10 ‘‘(2) Paragraph (1) may not be construed to prohibit 

11 an educational institution from withholding any grades, 

12 transfer credits, or degrees earned by an eligible individual 

13 before the individual pays the established charges.’’. 

14 (f) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date that is 180 days 

16 after the date of the enactment of this Act. 

Æ 


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