II 

110TH CONGRESS 

1ST SESSION S. 1293 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2007 

Mr. CRAIG introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Education 

5 and Vocational Benefits Improvement Act of 2007’’. 


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1 SEC. 2. TEMPORARY EXPANSION OF COURSES FOR WHICH 

2 ACCELERATED PAYMENT OF EDUCATIONAL 

3 ASSISTANCE MAY BE MADE. 

4 (a) ACCELERATED PAYMENT UNDER MONTGOMERY

5 GI BILL FOR CERTAIN SHORT-TERM PROGRAMS.— 

6 (1) IN GENERAL.—Section 3014A of title 38, 

7 United States Code, is amended— 

8 (A) in subsection (b)— 

9 (i) by striking ‘‘who is—’’ and insert10 ing ‘‘who—’’; 

11 (ii) by striking paragraph (1) and in12 serting the following new paragraph (1): 

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

14 education that leads to employment in a high tech15 nology occupation in a high technology industry (as 

16 determined pursuant to regulations prescribed by 

17 the Secretary); or 

18 ‘‘(B) during the period beginning on October 1, 

19 2008, and ending on September 30, 2012, first en20 rolls in any other approved program of education not 

21 exceeding two years in duration and not leading to 

22 an associate, bachelors, masters, or other degree, 

23 subject to subsection (h); and’’; and 

24 (iii) in paragraph (2), by inserting 

25 ‘‘is’’ before ‘‘charged’’; and 


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1 (B) by adding at the end the following new 

2 subsection: 

3 ‘‘(h) The aggregate amount of basic educational as4 sistance payable under this section in any fiscal year for 

5 enrollments covered by subsection (b)(1)(B) may not ex6 ceed $3,000,000.’’. 

7 (2) CONFORMING AMENDMENT.—Such section 

8 is further amended in the heading by striking 

9 ‘‘leading to employment in high tech10 nology occupation in high technology in11 dustry’’. 

12 (3) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 30 of such title is 

14 amended in the item relating to section 3014A by 

15 striking ‘‘leading to employment in high technology 

16 occupation in high technology industry’’. 

17 (b) ACCELERATED PAYMENT OF SURVIVORS’ AND

18 DEPENDENTS’ EDUCATIONAL ASSISTANCE.— 

19 (1) IN GENERAL.—Subchapter IV of chapter 35 

20 of such title is amended by inserting after section 

21 3532 the following new section: 

22 ‘‘§ 3532A. Accelerated payment of educational assist23 ance allowance 

24 ‘‘(a) The educational assistance allowance payable 

25 under section 3531 of this title with respect to an eligible 


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1 person described in subsection (b) may, upon the election 

2 of such eligible person, be paid on an accelerated basis 

3 in accordance with this section. 

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

5 is an individual who— 

6 ‘‘(1) during the period beginning on October 1, 

7 2008, and ending on September 30, 2012, first en8 rolls in an approved program of education not ex9 ceeding two years in duration and not leading to an 

10 associate, bachelors, masters, or other degree, sub11 ject to subsection (h); and 

12 ‘‘(2) is charged tuition and fees for the program 

13 of education that, when divided by the number of 

14 months (and fractions thereof) in the enrollment pe15 riod, exceeds the amount equal to 200 percent of the 

16 monthly rate of educational assistance allowance 

17 otherwise payable with respect to the individual 

18 under section 3531 of this title. 

19 ‘‘(c)(1) The amount of the accelerated payment of 

20 educational assistance payable with respect to an eligible 

21 person making an election under subsection (a) for a pro22 gram of education shall be the lesser of— 

23 ‘‘(A) the amount equal to 60 percent of the es24 tablished charges for the program of education; or 


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1 ‘‘(B) the aggregate amount of educational as2 sistance allowance to which the individual remains 

3 entitled under this chapter at the time of the pay4 ment. 

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

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

7 the actual charges (as determined pursuant to regulations 

8 prescribed by the Secretary) for tuition and fees which 

9 similarly circumstanced individuals who are not eligible for 

10 benefits under this chapter and who are enrolled in the 

11 program of education would be required to pay. Estab12 lished charges shall be determined on the following basis: 

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

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

15 semester basis, the tuition and fees charged the indi16 vidual for the term, quarter, or semester. 

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

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

19 or semester basis, the tuition and fees charged the 

20 individual for the entire program of education. 

21 ‘‘(3) The educational institution providing the pro22 gram of education for which an accelerated payment of 

23 educational assistance allowance is elected by an eligible 

24 person under subsection (a) shall certify to the Secretary 


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1 the amount of the established charges for the program of 

2 education. 

3 ‘‘(d) An accelerated payment of educational assist4 ance allowance made with respect to an eligible person 

5 under this section for a program of education shall be 

6 made not later than the last day of the month immediately 

7 following the month in which the Secretary receives a cer8 tification from the educational institution regarding— 

9 ‘‘(1) the person’s enrollment in and pursuit of 

10 the program of education; and 

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

12 the program of education. 

13 ‘‘(e)(1) Except as provided in paragraph (2), for each 

14 accelerated payment of educational assistance allowance 

15 made with respect to an eligible person under this section, 

16 the person’s entitlement to educational assistance under 

17 this chapter shall be charged the number of months (and 

18 any fraction thereof) determined by dividing the amount 

19 of the accelerated payment by the full-time monthly rate 

20 of educational assistance allowance otherwise payable with 

21 respect to the person under section 3531 of this title as 

22 of the beginning date of the enrollment period for the pro23 gram of education for which the accelerated payment is 

24 made. 


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1 ‘‘(2) If the monthly rate of educational assistance al2 lowance otherwise payable with respect to an eligible per3 son under section 3531 of this title increases during the 

4 enrollment period of a program of education for which an 

5 accelerated payment of educational assistance allowance is 

6 made under this section, the charge to the person’s entitle7 ment to educational assistance under this chapter shall be 

8 determined by prorating the entitlement chargeable, in the 

9 manner provided for under paragraph (1), for the periods 

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

11 in accordance with regulations prescribed by the Sec12 retary. 

13 ‘‘(f) The Secretary may not make an accelerated pay14 ment of educational assistance allowance under this sec15 tion for a program of education with respect to an eligible 

16 person who has received an advance payment under sec17 tion 3680(d) of this title for the same enrollment period. 

18 ‘‘(g) The Secretary shall prescribe regulations to 

19 carry out this section. The regulations shall include re20 quirements, conditions, and methods for the request, 

21 issuance, delivery, certification of receipt and use, and re22 covery of overpayment of an accelerated payment of edu23 cational assistance allowance under this section. The regu24 lations may include such elements of the regulations preVerDate Aug 31 2005 23:56 May 04, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293

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1 scribed under section 3014A of this title as the Secretary 

2 considers appropriate for purposes of this section. 

3 ‘‘(h) The aggregate amount of educational assistance 

4 payable under this section in any fiscal year for enroll5 ments covered by subsection (b)(1) may not exceed 

6 $1,000,000.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 35 of such title is 

9 amended by inserting after the item relating to sec10 tion 3532 the following new item: 

‘‘3532A. Accelerated payment of educational assistance allowance.’’. 

11 (c) ACCELERATED PAYMENT OF EDUCATIONAL AS12 SISTANCE FOR MEMBERS OF THE SELECTED RESERVE.— 

13 (1) IN GENERAL.—Chapter 1606 of title 10, 

14 United States Code, is amended by inserting after 

15 section 16131 the following new section: 

16 ‘‘§ 16131A. Accelerated payment of educational assist17 ance 

18 ‘‘(a) The educational assistance allowance payable 

19 under section 16131 of this title with respect to an eligible 

20 person described in subsection (b) may, upon the election 

21 of such eligible person, be paid on an accelerated basis 

22 in accordance with this section. 

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

24 is a person entitled to educational assistance under this 

25 chapter who— 


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1 ‘‘(1) during the period beginning on October 1, 

2 2008, and ending on September 30, 2012, first en3 rolls in an approved program of education not ex4 ceeding two years in duration and not leading to an 

5 associate, bachelors, masters, or other degree, sub6 ject to subsection (g); and 

7 ‘‘(2) is charged tuition and fees for the program 

8 of education that, when divided by the number of 

9 months (and fractions thereof) in the enrollment pe10 riod, exceeds the amount equal to 200 percent of the 

11 monthly rate of educational assistance allowance 

12 otherwise payable with respect to the person under 

13 section 16131 of this title. 

14 ‘‘(c)(1) The amount of the accelerated payment of 

15 educational assistance payable with respect to an eligible 

16 person making an election under subsection (a) for a pro17 gram of education shall be the lesser of— 

18 ‘‘(A) the amount equal to 60 percent of the es19 tablished charges for the program of education; or 

20 ‘‘(B) the aggregate amount of educational as21 sistance allowance to which the person remains enti22 tled under this chapter at the time of the payment. 

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

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

25 the actual charges (as determined pursuant to regulations 


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1 prescribed by the Secretary of Veterans Affairs) for tui2 tion and fees which similarly circumstanced individuals 

3 who are not eligible for benefits under this chapter and 

4 who are enrolled in the program of education would be 

5 required to pay. Established charges shall be determined 

6 on the following basis: 

7 ‘‘(A) In the case of a person enrolled in a pro8 gram of education offered on a term, quarter, or se9 mester basis, the tuition and fees charged the indi10 vidual for the term, quarter, or semester. 

11 ‘‘(B) In the case of a person enrolled in a pro12 gram of education not offered on a term, quarter, or 

13 semester basis, the tuition and fees charged the indi14 vidual for the entire program of education. 

15 ‘‘(3) The educational institution providing the pro16 gram of education for which an accelerated payment of 

17 educational assistance allowance is elected by an eligible 

18 person under subsection (a) shall certify to the Secretary 

19 of Veterans Affairs the amount of the established charges 

20 for the program of education. 

21 ‘‘(d) An accelerated payment of educational assist22 ance allowance made with respect to an eligible person 

23 under this section for a program of education shall be 

24 made not later than the last day of the month immediately 

25 following the month in which the Secretary of Veterans 


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1 Affairs receives a certification from the educational insti2 tution regarding— 

3 ‘‘(1) the person’s enrollment in and pursuit of 

4 the program of education; and 

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

6 the program of education. 

7 ‘‘(e)(1) Except as provided in paragraph (2), for each 

8 accelerated payment of educational assistance allowance 

9 made with respect to an eligible person under this section, 

10 the person’s entitlement to educational assistance under 

11 this chapter shall be charged the number of months (and 

12 any fraction thereof) determined by dividing the amount 

13 of the accelerated payment by the full-time monthly rate 

14 of educational assistance allowance otherwise payable with 

15 respect to the person under section 16131 of this title as 

16 of the beginning date of the enrollment period for the pro17 gram of education for which the accelerated payment is 

18 made. 

19 ‘‘(2) If the monthly rate of educational assistance al20 lowance otherwise payable with respect to an eligible per21 son under section 16131 of this title increases during the 

22 enrollment period of a program of education for which an 

23 accelerated payment of educational assistance allowance is 

24 made under this section, the charge to the person’s entitle25 ment to educational assistance under this chapter shall be 


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1 determined by prorating the entitlement chargeable, in the 

2 manner provided for under paragraph (1), for the periods 

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

4 in accordance with regulations prescribed by the Secretary 

5 of Veterans Affairs. 

6 ‘‘(f) The Secretary of Veterans Affairs shall prescribe 

7 regulations to carry out this section. The regulations shall 

8 include requirements, conditions, and methods for the re9 quest, issuance, delivery, certification of receipt and use, 

10 and recovery of overpayment of an accelerated payment 

11 of educational assistance allowance under this section. The 

12 regulations may include such elements of the regulations 

13 prescribed under section 3014A of title 38 as the Sec14 retary of Veterans Affairs considers appropriate for pur15 poses of this section. 

16 ‘‘(g) The aggregate amount of educational assistance 

17 payable under this section in any fiscal year for enroll18 ments covered by subsection (b)(1) may not exceed 

19 $2,000,000.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 1606 of such title 

22 is amended by inserting after the item relating to 

23 section 16131 the following new item: 

‘‘16131A. Accelerated payment of educational assistance.’’. 

24 (d) ACCELERATED PAYMENT OF EDUCATIONAL AS25 SISTANCE FOR RESERVE COMPONENT MEMBERS SUPVerDate Aug 31 2005 23:56 May 04, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1293.IS S1293

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1 PORTING CONTINGENCY OPERATIONS AND OTHER OPER2 ATIONS.— 

3 (1) IN GENERAL.—Chapter 1607 of title 10, 

4 United States Code, is amended by inserting after 

5 section 16162 the following new section: 

6 ‘‘§ 16162A. Accelerated payment of educational assist7 ance 

8 ‘‘(a) The educational assistance allowance payable 

9 under section 16162 of this title with respect to an eligible 

10 member described in subsection (b) may, upon the election 

11 of such eligible member, be paid on an accelerated basis 

12 in accordance with this section. 

13 ‘‘(b) An eligible member described in this subsection 

14 is a member of a reserve component entitled to educational 

15 assistance under this chapter who— 

16 ‘‘(1) during the period beginning on October 1, 

17 2008, and ending on September 30, 2012, first en18 rolls in an approved program of education not ex19 ceeding two years in duration and not leading to an 

20 associate, bachelors, masters, or other degree, sub21 ject to subsection (g); and 

22 ‘‘(2) is charged tuition and fees for the program 

23 of education that, when divided by the number of 

24 months (and fractions thereof) in the enrollment pe25 riod, exceeds the amount equal to 200 percent of the 


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1 monthly rate of educational assistance allowance 

2 otherwise payable with respect to the member under 

3 section 16162 of this title. 

4 ‘‘(c)(1) The amount of the accelerated payment of 

5 educational assistance payable with respect to an eligible 

6 member making an election under subsection (a) for a pro7 gram of education shall be the lesser 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 educational as11 sistance allowance to which the member remains en12 titled 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 of Veterans Affairs) for tui17 tion and fees which similarly circumstanced individuals 

18 who are not eligible for benefits under this chapter and 

19 who are enrolled in the program of education would be 

20 required to pay. Established charges shall be determined 

21 on the following basis: 

22 ‘‘(A) In the case of a member enrolled in a pro23 gram of education offered on a term, quarter, or se24 mester basis, the tuition and fees charged the mem25 ber for the term, quarter, or semester. 


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1 ‘‘(B) In the case of a member enrolled in a pro2 gram of education not offered on a term, quarter, or 

3 semester basis, the tuition and fees charged the 

4 member for the entire program of education. 

5 ‘‘(3) The educational institution providing the pro6 gram of education for which an accelerated payment of 

7 educational assistance allowance is elected by an eligible 

8 member under subsection (a) shall certify to the Secretary 

9 of Veterans Affairs the amount of the established charges 

10 for the program of education. 

11 ‘‘(d) An accelerated payment of educational assist12 ance allowance made with respect to an eligible member 

13 under this section for a program of education shall be 

14 made not later than the last day of the month immediately 

15 following the month in which the Secretary of Veterans 

16 Affairs receives a certification from the educational insti17 tution regarding— 

18 ‘‘(1) the member’s enrollment in and pursuit of 

19 the program of education; and 

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

21 the program of education. 

22 ‘‘(e)(1) Except as provided in paragraph (2), for each 

23 accelerated payment of educational assistance allowance 

24 made with respect to an eligible member under this sec25 tion, the member’s entitlement to educational assistance 


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1 under this chapter shall be charged the number of months 

2 (and any fraction thereof) determined by dividing the 

3 amount of the accelerated payment by the full-time 

4 monthly rate of educational assistance allowance otherwise 

5 payable with respect to the member under section 16162 

6 of this title as of the beginning date of the enrollment pe7 riod for the program of education for which the acceler8 ated payment is made. 

9 ‘‘(2) If the monthly rate of educational assistance al10 lowance otherwise payable with respect to an eligible mem11 ber under section 16162 of this title increases during the 

12 enrollment period of a program of education for which an 

13 accelerated payment of educational assistance allowance is 

14 made under this section, the charge to the member’s enti15 tlement to educational assistance under this chapter shall 

16 be determined by prorating the entitlement chargeable, in 

17 the manner provided for under paragraph (1), for the peri18 ods covered by the initial rate and increased rate, respec19 tively, in accordance with regulations prescribed by the 

20 Secretary of Veterans Affairs. 

21 ‘‘(f) The Secretary of Veterans Affairs shall prescribe 

22 regulations to carry out this section. The regulations shall 

23 include requirements, conditions, and methods for the re24 quest, issuance, delivery, certification of receipt and use, 

25 and recovery of overpayment of an accelerated payment 


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1 of educational assistance allowance under this section. The 

2 regulations may include such elements of the regulations 

3 prescribed under section 3014A of title 38 as the Sec4 retary of Veterans Affairs considers appropriate for pur5 poses of this section. 

6 ‘‘(g) The aggregate amount of educational assistance 

7 payable under this section in any fiscal year for enroll8 ments covered by subsection (b)(1) may not exceed 

9 $1,000,000.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 1607 of such title 

12 is amended by inserting after the item relating to 

13 section 16162 the following new item: 

‘‘16162A. Accelerated payment of educational assistance.’’. 

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

15 this section shall take effect on October 1, 2008. 

16 SEC. 3. ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR 

17 RESERVE COMPONENT MEMBERS SUP18 PORTING CONTINGENCY OPERATIONS AND 

19 OTHER OPERATIONS. 

20 (a) ASSISTANCE FOR THREE YEARS CUMULATIVE

21 SERVICE.—Subsection (c)(4)(C) of section 16162 of title 

22 10, United States Code, is amended by striking ‘‘for two 

23 continuous years or more.’’ and inserting ‘‘for— 

24 ‘‘(i) two continuous years or more; or 


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1 ‘‘(ii) an aggregate of three years or 

2 more.’’. 

3 (b) CONTRIBUTIONS FOR INCREASED AMOUNT OF

4 EDUCATIONAL ASSISTANCE.— 

5 (1) IN GENERAL.—Such section is further 

6 amended by adding at the end the following new 

7 subsection: 

8 ‘‘(f) CONTRIBUTIONS FOR INCREASED AMOUNT OF

9 EDUCATIONAL ASSISTANCE.—(1)(A) Any individual eligi10 ble for educational assistance under this section may con11 tribute amounts for purposes of receiving an increased 

12 amount of educational assistance as provided for in para13 graph (2). 

14 ‘‘(B) An individual covered by subparagraph (A) may 

15 make the contributions authorized by that subparagraph 

16 at any time while a member of a reserve component, but 

17 not more frequently than monthly. 

18 ‘‘(C) The total amount of the contributions made by 

19 an individual under subparagraph (A) may not exceed 

20 $600. Such contributions shall be made in multiples of 

21 $20. 

22 ‘‘(D) Contributions under this subsection shall be 

23 made to the Secretary concerned. Such Secretary shall de24 posit any amounts received as contributions under this 

25 subsection into the Treasury as miscellaneous receipts. 


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1 ‘‘(2) Effective as of the first day of the enrollment 

2 period following the enrollment period in which an indi3 vidual makes contributions under paragraph (1), the 

4 monthly amount of educational assistance allowance appli5 cable to such individual under this section shall be the 

6 monthly rate otherwise provided for under subsection (c) 

7 increased by— 

8 ‘‘(A) an amount equal to $5 for each $20 con9 tributed by such individual under paragraph (1) for 

10 an approved program of education pursued on a full11 time basis; or 

12 ‘‘(B) an appropriately reduced amount based on 

13 the amount so contributed as determined under reg14 ulations that the Secretary of Veterans Affairs shall 

15 prescribe, for an approved program of education 

16 pursued on less than a full-time basis.’’. 

Æ 


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