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 Com-
mittee 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 jurisdic-
tion of the committee concerned 
A BILL 
To amend titles 38 and 10, United States Code, to authorize 
accelerated payments of educational assistance to certain 
veterans and members of the reserve components of the 
Armed Forces. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ACCELERATED PAYMENT OF TUITION. 
(a) CHAPTER 33 OF TITLE 38.— 
(1) IN
GENERAL.—Chapter 33 of title 38, 
United States Code, is amended by adding at the 
end the following new section: 
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‘‘§ 3325. Accelerated payment of educational assist-
ance 
‘‘(a) PAYMENT ON ACCELERATED BASIS.—The edu-
cational assistance allowance payable under this chapter 
with respect to an eligible individual described in sub-
section (b) may, upon the election of such eligible person, 
be paid on an accelerated basis in accordance with this 
section. 
‘‘(b) ELIGIBLE INDIVIDUAL.—An eligible individual 
described in this subsection is an individual entitled to 
educational assistance under this chapter if— 
‘‘(1) the individual is enrolled in an approved 
program of education under this chapter; 
‘‘(2) the Secretary has not directly paid the es-
tablished charges to the institution of higher learn-
ing under section 3313(g) of this title by the date 
that is seven days after the date on which the quar-
ter, 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 assist-
ance payable with respect to an eligible individual making 
an election under subsection (a) for a program of edu-
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cation 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 Sec-
retary of Veterans Affairs the amount of the established 
charges for the program of education. 
‘‘(d) TIME OF PAYMENT.—An accelerated payment 
of educational assistance allowance made with respect to 
an eligible individual under this section for a program of 
education shall be made not later than 14 days after the 
date on which the Secretary of Veterans Affairs receives 
a certification from the educational institution regard-
ing— 
‘‘(1) the individual’s enrollment in and pursuit 
of the program of education; and 
‘‘(2) the amount of the established charges for 
the program of education. 
‘‘(e) CHARGE AGAINST ENTITLEMENT.—For each 
accelerated payment of educational assistance allowance 
made with respect to an eligible individual under this sec-
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tion, the individual’s entitlement to educational assistance 
under this chapter shall be charged the amount otherwise 
payable with respect to the individual under section 
3313(c)(1)(A) of this title (and of similar amounts payable 
under paragraphs (2) through (7) of subsection (c) of such 
section) as of the beginning date of the enrollment period 
for the program of education for which the accelerated 
payment is made. 
‘‘(f) STATUS OF VETERAN.—(1) A program of edu-
cation may not be approved by a State approving agency 
for purposes of this chapter unless the institution of high-
er 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 acceler-
ated 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 accel-
erated payment is made under subsection (a). 
‘‘(2) Paragraph (1) may not be construed to prohibit 
an institution of higher learning from withholding any 
grades, transfer credits, or degrees earned by an eligible 
individual before the established charges are paid. 
‘‘(g) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section. The regulations shall 
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include requirements, conditions, and methods for the re-
quest, 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 Sec-
retary considers appropriate for purposes of this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 3324 
the following new item: 
‘‘3325. Accelerated payment of educational assistance.’’. 
(b) CHAPTER 30 OF TITLE 38.— 
(1) IN GENERAL.—Section 3014A of such title 
is amended— 
(A) by striking subsection (b) and insert-
ing 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 in-
dustry (as determined pursuant to regulations 
prescribed by the Secretary); and 
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‘‘(B) charged tuition and fees for the pro-
gram 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 edu-
cational assistance allowance otherwise payable 
to the individual under section 3015 of this 
title. 
‘‘(2) An individual who is entitled to basic edu-
cational assistance under this subchapter if— 
‘‘(A) the individual is enrolled in an ap-
proved program of education; 
‘‘(B) the Secretary has not paid to the in-
dividual the basic educational assistance allow-
ance 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 pro-
gram of education begins; and 
‘‘(C) such failure to pay the allowance is 
through no fault of the individual.’’; 
(B) by redesignating subsection (g) as sub-
section (h); and 
(C) by inserting after subsection (f) the 
following new subsection (g): 
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‘‘(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 acceler-
ated 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 accel-
erated payment is made under subsection (a). 
‘‘(2) Paragraph (1) may not be construed to prohibit 
an educational institution from withholding any grades, 
transfer credits, or degrees earned by an eligible individual 
before the individual pays the established charges.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) The section heading for such section is 
amended by striking ‘‘for education lead-
ing to employment in high technology 
occupation in high technology indus-
try’’. 
(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 sec-
tion 3014A and inserting the following new 
item: 
‘‘3014A. Accelerated payment of basic educational assistance.’’. 
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(c) CHAPTER 32 OF TITLE 38.— 
(1) IN GENERAL.—Subchapter III of chapter 
32 of such title is amended by adding at the end the 
following new section: 
‘‘§ 3235. Accelerated payment of educational assist-
ance 
‘‘(a) PAYMENT ON ACCELERATED BASIS.—An indi-
vidual described in subsection (b) who is entitled to basic 
educational assistance under this subchapter may elect to 
receive an accelerated payment of the basic educational 
assistance allowance otherwise payable to the individual 
under section 3231 of this title. 
‘‘(b) ELIGIBLE INDIVIDUAL.—An eligible individual 
described in this subsection is an individual entitled to 
educational assistance under this chapter if— 
‘‘(1) the individual is enrolled in an approved 
program of education; 
‘‘(2) the Secretary has not paid to the indi-
vidual 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 
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‘‘(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 less-
er of— 
‘‘(A) the amount equal to 60 percent of the es-
tablished 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 pro-
gram 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 indi-
vidual 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, 
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or semester basis, the tuition and fees charged the 
individual for the entire program of education. 
‘‘(3) The educational institution providing the pro-
gram of education for which an accelerated payment of 
educational assistance allowance is elected by an eligible 
individual under subsection (a) shall certify to the Sec-
retary of Veterans Affairs the amount of the established 
charges for the program of education. 
‘‘(d) TIME OF PAYMENT.—An accelerated payment 
of educational assistance allowance made with respect to 
an eligible individual under this section for a program of 
education shall be made not later than 14 days after the 
date on which the Secretary of Veterans Affairs receives 
a certification from the educational institution regard-
ing— 
‘‘(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 pay-
ment 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) deter-
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mined by dividing the amount of the accelerated payment 
by the full-time monthly rate of basic educational assist-
ance 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 assist-
ance 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 Sec-
retary. 
‘‘(f) STATUS OF VETERAN.—(1) A program of edu-
cation may not be approved by a State approving agency 
for purposes of this chapter unless the educational institu-
tion— 
‘‘(A) allows an eligible individual to enroll in 
the program of education and attend classes during 
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the period preceding the date on which an acceler-
ated 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 accel-
erated payment is made under subsection (a). 
‘‘(2) Paragraph (1) may not be construed to prohibit 
an educational institution from withholding any grades, 
transfer credits, or degrees earned by an eligible individual 
before the individual pays the established charges. 
‘‘(g) ADVANCED PAYMENTS.—The Secretary may not 
make an accelerated payment under this section for a pro-
gram of education to an individual who has received an 
advance payment under section 3680(d) of this title for 
the same enrollment period. 
‘‘(h) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section. The regulations shall 
include requirements, conditions, and methods for the re-
quest, 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 Sec-
retary of Veterans Affairs considers appropriate for pur-
poses of this section.’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 3234 
the following new item: 
‘‘3235. Accelerated payment of educational assistance.’’. 
(d) CHAPTER 1606 OF TITLE 10.—Section 16131a 
of title 10, United States Code, is amended— 
(1) by striking subsection (b) and inserting the 
following new subsection (b): 
‘‘(b) An eligible person described in this subsection 
is a person entitled to educational assistance under this 
chapter who is one of the following: 
‘‘(1) An individual who is— 
‘‘(A) enrolled in an approved program of 
education not exceeding two years in duration 
and not leading to an associate, bachelors, mas-
ters, or other degree, subject to subsection (h); 
and 
‘‘(B) charged tuition and fees for the pro-
gram 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 re-
spect to the member under section 16131 of 
this title. 
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‘‘(2) An individual who is entitled to basic edu-
cational assistance under this chapter if— 
‘‘(A) the individual is enrolled in an ap-
proved program of education; 
‘‘(B) the Secretary concerned has not paid 
to the individual the basic educational assist-
ance allowance otherwise payable to the indi-
vidual 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 fol-
lowing 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 
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