Veterans Education Improvement Act of 2009 - Amends the Montgomery GI Bill educational assistance program for veterans to: (1) authorize the use of such assistance for business courses and seminars, courses taken to prepare for licensing or certification tests, and the repayment of federal student loans; (2) allow for withdrawal of the election not to enroll in the program; (3) extend the increase in benefits for certain individuals pursuing apprenticeships or on-job training; (4) provide educational assistance benefits for veterans discharged under a general discharge; (5) increase the reporting fee payable to educational institutions that enroll veterans receiving assistance; (6) provide additional areas of work-study for veterans; (6) require a five-year pilot program for on-campus work-study positions; (7) modify the advance payment of initial educational assistance or subsistence allowance; and (8) authorize, for certain individuals, the accelerated payment of educational assistance.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1336 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1336
To amend title 38, United States Code, to make certain improvements in
the basic educational assistance program administered by the Secretary
of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2009
Ms. Herseth Sandlin (for herself and Mr. Boozman) 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 title 38, United States Code, to make certain improvements in
the basic educational assistance program administered by the Secretary
of Veterans Affairs, and for other purposes.
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 Improvement Act
of 2009''.
SEC. 2. USE OF EDUCATIONAL ASSISTANCE FOR BUSINESS COURSES AND
SEMINARS.
(a) In General.--The Secretary of Veterans Affairs shall ensure
that individuals entitled to educational assistance under laws
administered by the Secretary are entitled to use such assistance for
business courses and seminars, if such courses or seminars are related
to the operation of a business, and for continuing education courses.
The Secretary shall treat the courses referred to in the preceding
sentence in a similar manner as licensing and certification courses.
(b) Effective Date.--Subsection (a) shall take effect on September
1, 2010.
SEC. 3. USE OF EDUCATIONAL ASSISTANCE FOR COURSES TAKEN TO PREPARE FOR
LICENSING OR CERTIFICATION TESTS.
(a) Basic Educational Assistance.--Section 3452(b) of title 38,
United States Code, is amended by inserting after the fourth sentence
the following new sentence: ``Such term also includes preparatory
courses for licensing or certification tests described in the preceding
sentence, as designated by the Secretary.''.
(b) Survivors' and Dependents' Educational Assistance.--Section
3501(a)(5) of title 38, United States Code, is amended by inserting
after the second sentence the following new sentence: ``Such term also
includes preparatory courses for licensing or certification tests
described in the preceding sentence, as designated by the Secretary.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on September 1, 2010.
SEC. 4. USE OF EDUCATIONAL ASSISTANCE TO REPAY FEDERAL STUDENT LOANS.
(a) Montgomery GI Bill.--
(1) In general.--Subchapter II of chapter 30 of title 38,
United States Code, is amended by inserting after section 3020
the following new section:
``Sec. 3020A. Use of educational assistance benefits for the repayment
of Federal student loans for certain courses of education
``(a) Use of Benefits.--Notwithstanding any other provision of this
chapter, and subject to subsections (b) through (e), an individual who
is serving on active duty and who is entitled to educational assistance
under this subchapter may apply amounts of such educational assistance
otherwise available to the individual to repay some or all of any
Federal student loan balance owed by the individual for a course of
education pursued by the individual.
``(b) Limitations on Payments.--(1) The amount of an individual's
entitlement to educational assistance that the individual may apply to
the repayment of a student loan balance under subsection (a) may not
exceed $7,000 in any 12-month period.
``(2) In no event shall payment of educational assistance under
this section exceed the amount of the individual's available
entitlement under this chapter.
``(3) An individual entitled to educational assistance under this
subchapter may not apply such educational assistance to any of the
following:
``(A) A loan made to the parents of a dependent student
under section 428B of the Higher Education Act of 1965.
``(B) A Federal Direct PLUS Loan made to the parents of a
dependent student.
``(C) A loan made under section 428C or 455(g) of such Act,
to the extent that such loan was used to repay--
``(i) a loan made to the parent of a dependent
student under section 428B of such Act; or
``(ii) a Federal Direct PLUS Loan made to the
parents of a dependent student.
``(c) Amount of Payments.--The Secretary shall make monthly
payments under this section in such amounts as the individual may elect
for the repayment of a Federal student loan of such an individual.
``(d) Arrangements To Make Payments.--The Secretary shall enter
into such arrangements, and shall prescribe such regulations, as may be
necessary to carry out this section.
``(e) Federal Student Loan Defined.--In this section, the term
`Federal student loan' means any loan made under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3020 the following new item:
``3020A. Use of educational assistance benefits for the repayment of
Federal student loans for certain courses
of education.''.
(b) Post-9-11 Educational Assistance Program.--
(1) In general.--Subchapter II of chapter 33 of title 38,
United States Code, is amended by inserting after section 3319
the following new section:
``Sec. 3320. Use of educational assistance benefits for the repayment
of Federal student loans for certain courses of education
``(a) Use of Benefits.--Notwithstanding any other provision of this
chapter, and subject to subsections (b) through (e), an individual who
is serving on active duty and who is entitled to educational assistance
under this subchapter may apply amounts of such educational assistance
otherwise available to the individual to repay some or all of any
Federal student loan balance owed by the individual for a course of
education pursued by the individual.
``(b) Limitations on Payments.--
``(1) Limitation on amount in any 12-month period.--The
amount of an individual's entitlement to educational assistance
that the individual may apply to the repayment of a student
loan balance under subsection (a) may not exceed $6,000 in any
12-month period.
``(2) Limitation on total amount.--In no event shall
payment of educational assistance under this section exceed the
amount of the individual's available entitlement under this
chapter.
``(3) Prohibition on use for certain loans.--An individual
entitled to educational assistance under this subchapter may
not apply such educational assistance to any of the following:
``(A) A loan made to the parents of a dependent
student under section 428B of the Higher Education Act
of 1965.
``(B) A Federal Direct PLUS Loan made to the
parents of a dependent student.
``(C) A loan made under section 428C or 455(g) of
such Act, to the extent that such loan was used to
repay--
``(i) a loan made to the parent of a
dependent student under section 428B of such
Act; or
``(ii) a Federal Direct PLUS Loan made to
the parents of a dependent student.
``(c) Amount of Payments.--The Secretary shall make monthly
payments under this section in such amounts as the individual may elect
for the repayment of a Federal student loan of such an individual.
``(d) Arrangements To Make Payments.--The Secretary shall enter
into such arrangements, and shall prescribe such regulations, as may be
necessary to carry out this section.
``(e) Federal Student Loan Defined.--In this section, the term
`Federal student loan' means any loan made under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3319 the following new item:
``3320. Use of educational assistance benefits for the repayment of
Federal student loans for certain courses
of education.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to educational assistance paid for months beginning
on or after September 1, 2010.
SEC. 5. OPPORTUNITY TO WITHDRAW ELECTION NOT TO ENROLL IN EDUCATIONAL
ASSISTANCE PROGRAM.
(a) Basic Educational Assistance for Active Duty Service.--
(1) Opportunity to withdraw.--Subsection (c) of section
3011 of title 38, United States Code, is amended by adding at
the end the following new paragraph:
``(4) An individual who makes an election not to receive
educational assistance under paragraph (1) may withdraw that election
at any time and, after making such withdrawal, shall be entitled to
educational assistance under this chapter in the same manner as if the
individual had never made that election, if, at the time the individual
makes such withdrawal, the individual is serving on active duty as a
member of the Armed Forces.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended in the third sentence by striking ``Any individual''
and inserting ``Except as provided in paragraph (4), any
individual''.
(b) Basic Educational Assistance for Service in the Selected
Reserve.--
(1) Opportunity to withdraw.--Subsection (d) of section
3012 of title 38, United States Code, is amended by adding at
the end the following new paragraph:
``(4) An individual who makes an election not to receive
educational assistance under paragraph (1) may withdraw that election
at any time and, after making such withdrawal, shall be entitled to
educational assistance under this chapter in the same manner as if the
individual had never made that election, if, at the time the individual
makes such withdrawal, the individual is serving on active duty as a
member of the Armed Forces.''.
(2) Conforming amendment.--Paragraph (1) of such subsection
is amended in the third sentence by striking ``Any individual''
and inserting ``Except as provided in paragraph (4), any
individual''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on September 1, 2010, and shall apply with respect to
an individual who is serving on active duty as a member of the Armed
Forces on or after that date.
SEC. 6. EXTENSION OF INCREASE IN BENEFIT FOR CERTAIN INDIVIDUALS
PURSUING APPRENTICESHIPS OR ON-JOB TRAINING.
(a) Members of the Selected Reserve.--Subsection (d) of section 103
of the Veterans Earn and Learn Act of 2004 (Public Law 108-454; 38
U.S.C. 3032 note) is amended by striking ``January 1, 2008'' and
inserting ``January 1, 2014''.
(b) Survivors and Dependents.--Subsection (c) of such section is
amended by striking ``January 1, 2008'' and inserting ``January 1,
2014''.
(c) Certain Other Individuals.--Subsection (a) of such section is
amended by striking ``January 1, 2008'' and inserting ``January 1,
2014''.
(d) Effective Date.--The amendments made by this section shall take
effect on September 1, 2010.
SEC. 7. PROVISION OF BASIC EDUCATIONAL ASSISTANCE BENEFITS FOR VETERANS
DISCHARGED FROM ACTIVE DUTY WITH GENERAL DISCHARGE.
(a) Montgomery GI Bill.--
(1) Active duty service.--Section 3011(a)(3)(B) of title
38, United States Code, is amended by inserting ``or a general
discharge (under honorable conditions)'' before the period at
the end.
(2) Service in selected reserve.--Section 3012(a)(3)(A) of
such title is amended by inserting ``or a general discharge
(under honorable conditions)'' before the semicolon.
(b) Post-9-11 Educational Assistance Program.--Section 3311(c)(1)
of such title is amended by inserting ``or a general discharge (under
honorable conditions)'' before the period at the end.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to an individual who is discharged from
service in the Armed Forces on or after September 1, 2010.
SEC. 8. INCREASE IN AMOUNT OF REPORTING FEE PAYABLE TO EDUCATIONAL
INSTITUTIONS THAT ENROLL VETERANS RECEIVING EDUCATIONAL
ASSISTANCE.
(a) Increase in Amount of Fee.--Subsection (c) of section 3684 of
title 38, United States Code, is amended--
(1) by striking ``$7'' and inserting ``$21''; and
(2) by striking ``$11'' and inserting ``$21''.
(b) Technical Correction.--Subsection (a) of such section is
amended by striking the second comma after ``34''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on September 1, 2010.
SEC. 9. PROVISION OF ADDITIONAL AREAS OF WORK-STUDY FOR VETERANS.
(a) In General.--Subsection (a)(4) of section 3485 of title 38,
United States Code, is amended by adding at the end the following new
subparagraph:
``(G) The provision of placement services described in
section 3104(a)(5) of this title at an educational institution
carried out under the supervision of a Department employee.''.
(b) Work Study for Students Enrolled on Half-Time Basis.--
Subsection (b) of such section is amended--
(1) in the first sentence, by striking ``three-quarters''
and inserting ``half''; and
(2) in the third sentence, by striking ``three-quarter-
time'' and inserting ``half-time''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to agreements entered into under section 3485 of
title 38, United States Code, on or after September 1, 2010.
SEC. 10. 5-YEAR PILOT PROGRAM FOR ON-CAMPUS WORK-STUDY POSITIONS.
(a) Establishment of Pilot Program.--Beginning not later than two
years after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall conduct a five-year pilot project to test the
feasibility and advisability of expanding the scope of qualifying work-
study activities under subsection (a)(4) of section 3485 of title 38,
United States Code, including work-study positions available on site at
educational institutions.
(b) Type of Work-Study Positions.--The work-study positions
referred to in subsection (a) may include positions in academic
departments (including positions as tutors or research, teaching, and
lab assistants) and in student services (including positions in career
centers and financial aid, campus orientation, cashiers, admissions,
records, and registration offices).
(c) Regulations.--The Secretary shall prescribe regulations to
carry out the pilot project under this section, including regulations
providing for the supervision of work-study positions referred to in
subsection (a) by appropriate personnel.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $10,000,000 for each of the fiscal years
during which the Secretary carries out the pilot project under this
section.
SEC. 11. MODIFICATION OF ADVANCE PAYMENT OF INITIAL EDUCATIONAL
ASSISTANCE OR SUBSISTENCE ALLOWANCE.
(a) Modification.--Section 3680(d)(2) of title 38, United States
Code, is amended by inserting after the third sentence the following
new sentence: ``For purposes of the entitlement to educational
assistance of the veteran or person receiving an advance payment under
this subsection, the advance payment shall be charged against the final
month of the entitlement of the person or veteran and, if necessary,
the penultimate such month. In no event may any veteran or person
receive more than one advance payment under this subsection during any
academic year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to an advance payment of educational assistance made
on or after September 1, 2010.
SEC. 12. CONSIDERATION OF ADDITIONAL CONTRIBUTIONS AND PAYMENTS IN
CALCULATING ENTITLEMENT CHARGE FOR CERTAIN PROGRAMS OF
EDUCATION.
(a) Tuition Assistance.--Section 3014(b)(2)(C) of title 38, United
States Code, is amended by striking ``or (e)(1) of section 3015 of this
title,'' and inserting ``(e)(1), or (g) of section 3015 of this title,
or section 16131(I) of title 10,''.
(b) Flight Training.--Section 3032(e)(3) of such title is amended
by striking ``or (e)(1) of section 3015 of this title,'' and inserting
``(e)(1), or (g) of section 3015 of this title, or section 16131(I) of
title 10,''.
(c) Licensing and Certification Tests.--Section 3032(f)(2) of such
title is amended by striking ``or (e)(1) of section 3015 of this
title,'' and inserting ``(e)(1), or (g) of section 3015 of this title,
or section 16131(I) of title 10,''.
SEC. 13. ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE.
(a) In General.--Chapter 33 of title 38, United States Code, as
amended by section 4, is further amended by inserting after section
3320, as added by section 4, the following new section:
``Sec. 3320A. Accelerated payment of educational assistance
``(a) Payment on Accelerated Basis.--The educational assistance
allowance payable under this chapter 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) Eligible Person.--An eligible person described in this
subsection is a member of a reserve component entitled to educational
assistance under this chapter who is--
``(1) enrolled in an approved program of education not
exceeding two years in duration and not leading to an
associate, bachelors, masters, or other degree, subject to
subsection (g); and
``(2) 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 3313 of this title.
``(c) Amount of Accelerated Payment.--
``(1) Amount.--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) Established charges.--
``(A) Definition.--In this subsection, except as
provided in subparagraph (B), 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:
``(i) 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.
``(ii) 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.
``(B) Exception.--In this subsection, the term `established
charges' does not include any fees or payments attributable to
the purchase of a vehicle.
``(3) Certification by educational institution.--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) Time of Payment.--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) Charge Against Entitlement.--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 3313 of this title as of the beginning date of the enrollment
period for the program of education for which the accelerated payment
is made.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out this section. The regulations shall include requirements,
conditions, and methods for the request, issuance, delivery,
certification of receipt and use, and recovery of overpayment of an
accelerated payment of educational assistance allowance under this
section. The regulations may include such elements of the regulations
prescribed under section 3014A of this title as the Secretary of
Veterans Affairs considers appropriate for purposes of this section.
``(g) Limitation.--The aggregate amount of educational assistance
payable under this section in any fiscal year for enrollments covered
by subsection (b)(1) may not exceed $3,000,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3320 the following new item:
``3320A. Accelerated payment of educational assistance.''.
<all>
Introduced in House
Introduced in House
Referred to House Veterans' Affairs
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.
Referred to House Armed Services
Referred to the Subcommittee on Economic Opportunity.
Referred to the Subcommittee on Military Personnel.
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