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10 U.S.C. § 16131a — Accelerated payment of educational assistance

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16131a — Accelerated payment of educational assistance

**(a)** The educational assistance allowance payable under [section 16131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim) 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 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 16131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim). **(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) (A) 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

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Source file: Laws/federal/codes/united-states-code/title-10/section-16131a-accelerated-payment-of-educational-assistance--362272d9b0.md
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Source location: Title 10, Chapter 1606, § 16131a; chapter-1606-educational-assistance-for-members-of-the-selected-reserve.md

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**(a)** The educational assistance allowance payable under [section 16131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim) 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 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 16131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim). **(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) (A) 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) In this subsection, the term “established charges” does not include any fees or payments attributable to the purchase of a vehicle. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3014A&num=0&edition=prelim) 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 $4,000,000.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3014A — Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry

**(a)** An individual 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 3015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim). **(b)** An individual described in this subsection is an individual who is— (1) 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); 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 basic educational assistance allowance otherwise payable to the individual under [section 3015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim). **(c)** (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 lesser of— (A) the amount equal to 60 percent of the established 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 enro

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16131 — Educational assistance program: establishment; amount

**(a)** To encourage membership in units of the Selected Reserve of the Ready Reserve, the Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Homeland Security, under regulations prescribed by the Secretary with respect to the Coast Guard when it is not operating as a service in the Navy, shall establish and maintain a program to provide educational assistance to members of the Selected Reserve of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned who agree to remain members of the Selected Reserve for a period of not less than six years. **(b)** (1) Except as provided in subsections (d) through (f), each educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, to each person entitled to educational assistance under this chapter who is pursuing a program of education of an educational assistance allowance at the following rates: (A) $251 (as increased from time to time under paragraph (2)) per month for each month of full-time pursuit of a program of education; (B) $188 (as increased from time to time under paragraph (2)) per month for each month of three-quarter-time pursuit of a program of education; (C) $125 (as increased from time to time under paragraph (2)) per month for each month of half-time pursuit of a program of education; and (D) an appropriately reduced rate, as determined under regulations which the Secretary of Veterans Affairs shall prescribe, for each month of less than half-time pursuit of a program of education, except that no payment may be made to a person for less than half-time pursuit if tuition assistance is otherwise availabl

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16131a — Accelerated payment of educational as-

Page 3767 TITLE 10—ARMED FORCES § 16131a section [amending this chapter] shall take effect on July 1, 1985, and shall apply only to members of the Armed Forces who qualify for educational assistance under chapter 106 of title 10, United States Code, as amended by subsection (a), on or after such date.’’ EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. Pub. L. 96–342, title IX, § 906(a)(2), Sept. 8, 1980, 94 Stat. 1117, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect on October 1, 1980.’’ EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–107, title IV, § 402(c), Nov. 9, 1979, 93 Stat. 808, provided that: ‘‘The amendments made by this sec- tion [amending sections 2131 and 2133 [now 16131 and 16133] of this title] shall apply only to individuals en- listing in the Reserves after September 30, 1979.’’ INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING AP- PRENTICESHIP OR ON-JOB TRAINING; SELECTED RE- SERVE MONTGOMERY GI BILL Pub. L. 108–454, title I, § 103(d), Dec. 10, 2004, 118 Stat. 3601, provided that: ‘‘For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (d)(1) of section 16131 of title 10, United States Code, shall be applied as if— ‘‘(1) the reference to ‘75 percent’ in subparagraph (A) were a reference to ‘85 percent’; ‘‘(2) the reference to ‘55 percent’ in subparagraph (B) were a reference to ‘65 percent’; and ‘‘(3) the reference to ‘35 percent’ in subparagraph (C) were a reference to ‘45 percent’.’’ 1995 COST-OF-LIVING ADJUSTMENT IN RATES OF EDUCATIONAL ASSISTANCE Pub. L. 103–66, title XII, § 12009(c), Aug. 10, 1993, 107 Stat. 416, provid

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