10 U.S.C. § 16162a — Accelerated payment of educational as-

Page 3776 TITLE 10—ARMED FORCES § 16162a Subsec. (f). Pub. L. 110–181, § 528(c)(2), added subsec. (f). 2006—Subsec. (e). Pub. L. 109–163 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–163 applicable to a licens- ing or certification test administered on or after Jan. 6, 2006, see section 539(c) of Pub. L. 109–163, set out as a note under section 16131 of this title. § 16162a. Accelerated payment of educational as- sistance (a) PAYMENT ON ACCELERATED BASIS.—The edu- cational assistance allowance payable under sec- tion 16162 of this title with respect to an eligible member described in subsection (b) may, upon the election of such eligible member, be paid on an accelerated basis in accordance with this sec- tion. (b) ELIGIBLE MEMBERS.—An eligible member described in this subsection is a member of a re- serve component entitled to educational assist- ance under this chapter who is— (1) enrolled in an approved program of edu- cation 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 enroll- ment period, exceeds the amount equal to 200 percent of the monthly rate of educational as- sistance allowance otherwise payable with re- spect to the member under section 16162 of this title. (c) AMOUNT OF ACCELERATED PAYMENT.—(1) The amount of the accelerated payment of edu- cational assistance payable with respect to an eligible member making an election under sub- section (a) for a program of education shall be the lesser of— (A) the amount equal to 60 percent of the es- tablished charges for the program of edu- cation; or (B) the aggregate amount of educational as- sistance allowance to which the member re- mains 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 pursu- ant 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, quar- ter, 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 member under subsection (a) shall certify to the Secretary of Veterans Af- fairs the amount of the established charges for the program of education. (d) TIME OF PAYMENT.—An accelerated pay- ment of educational assistance allowance made with respect to an eligible member under this section for a program of education shall be made not later than the last day of the month imme- diately following the month in which the Sec- retary of Veterans Affairs receives a certifi- cation from the educational institution regard- ing— (1) the member’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 acceler- ated payment of educational assistance allow- ance made with respect to an eligible member under this section, the member’s entitlement to educational assistance under this chapter shall be charged the number of months (and any frac- tion thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allow- ance otherwise payable with respect to the member under section 16162 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 educational assist- ance allowance otherwise payable with respect to an eligible member under section 16162 of this title 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 mem- ber’s entitlement to educational assistance under this chapter shall be determined by pro- rating the entitlement chargeable, in the man- ner provided for under paragraph (1), for the pe- riods covered by the initial rate and increased rate, respectively, in accordance with regula- tions prescribed by the Secretary of Veterans Affairs. (f) REGULATIONS.—The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include re- quirements, conditions, and methods for the re- quest, issuance, delivery, certification of receipt and use, and recovery of overpayment of an ac- celerated payment of educational assistance al- lowance under this section. The regulations may include such elements of the regulations pre- scribed under section 3014A of title 38 as the Sec- retary of Veterans Affairs considers appropriate for purposes of this section. (g) LIMITATION.—The aggregate amount of edu- cational assistance payable under this section in any fiscal year for enrollments covered by sub- section (b)(1) may not exceed $3,000,000. (Added Pub. L. 110–181, div. A, title V, § 528(b)(1), Jan. 28, 2008, 122 Stat. 107.) Page 3777 TITLE 10—ARMED FORCES § 16163a Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–181, div. A, title V, § 528(b)(3), Jan. 28, 2008, 122 Stat. 109, provided that: ‘‘The amendments made by this subsection [enacting this section] shall take effect on October 1, 2008, and shall only apply to initial en- rollments in approved programs of education after such date.’’ § 16163. Eligibility for educational assistance (a) ELIGIBILITY.—On or after September 11, 2001, a member of a reserve component is enti- tled to educational assistance under this chap- ter if the member— (1) served on active duty in support of a con- tingency operation for 90 consecutive days or more; or (2) in the case of a member of the Army Na- tional Guard of the United States or Air Na- tional Guard of the United States, performed full time National Guard duty under section 502(f) of title 32 for 90 consecutive days or more when authorized by the President or Sec- retary of Defense for the purpose of responding to a national emergency declared by the Presi- dent and supported by Federal funds. (b) DISABLED MEMBERS.—Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 con- secutive days because of an injury, illness or dis- ease incurred or aggravated in the line of duty shall be entitled to educational assistance under this chapter at the rate prescribed in section 16162(c)(4)(A) of this title. (c) WRITTEN NOTIFICATION.—(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this chapter and stating clearly and prominently the sub- stance of section 16165 of this title as such sec- tion may apply to the member. (2) At the request of the Secretary of Veterans Affairs, the Secretary concerned shall transmit a notice of entitlement for each such member to that Secretary. (d) BAR FROM DUAL ELIGIBILITY.—A member who qualifies for educational assistance under this chapter may not receive credit for such service under both the program established by chapter 30 of title 38 and the program estab- lished by this chapter but shall make an irrev- ocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited. (e) BAR FROM DUPLICATION OF EDUCATIONAL ASSISTANCE ALLOWANCE.—(1) Except as provided in paragraph (2), an individual entitled to edu- cational assistance under this chapter who is also eligible for educational assistance under chapter 1606 of this title, chapter 30, 31, 32, 33, or 35 of title 38, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under more than one such program and shall elect (in such form and man- ner as the Secretary of Veterans Affairs may prescribe) under which program the member elects to receive educational assistance. (2) The restriction on duplication of edu- cational assistance under paragraph (1) does not apply to the entitlement of educational assist- ance under section 16131(i) of this title. (Added Pub. L. 108–375, div. A, title V, § 527(a), Oct. 28, 2004, 118 Stat. 1892; amended Pub. L. 109–163, div. A, title V, § 540(a), Jan. 6, 2006, 119 Stat. 3251; Pub. L. 110–252, title V, § 5003(b)(1)(C), June 30, 2008, 122 Stat. 2375; Pub. L. 111–84, div. A, title X, § 1073(a)(36), Oct. 28, 2009, 123 Stat. 2474.) Editorial Notes REFERENCES IN TEXT The Hostage Relief Act of 1980, referred to in subsec. (e)(1), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, as amended, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees. AMENDMENTS 2009—Subsec. (e)(1). Pub. L. 111–84 substituted ‘‘such program’’ for ‘‘such programs’’. 2008—Subsec. (e)(1). Pub. L. 110–252 inserted ‘‘33,’’ after ‘‘32,’’. 2006—Subsec. (e)(1). Pub. L. 109–163 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Secretary concerned’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–252, title V, § 5003(d), June 30, 2008, 122 Stat. 2378, provided that: ‘‘This section [enacting chap- ter 33 of Title 38, Veterans’ Benefits, amending this sec- tion and sections 3033, 3485, 3688 to 3690, 3692, 3695, 3697, and 3697A of Title 38, and enacting provisions set out as a note under section 3301 of Title 38] and the amend- ments made by this section shall take effect on August 1, 2009.’’ § 16163a. Authority to transfer unused education benefits to family members (a) IN GENERAL.—Subject to the provisions of this section, the Secretary concerned may per- mit, at such Secretary’s sole discretion, a mem- ber described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the de- pendents specified in subsection (c) a portion of such member’s entitlement to such assistance, subject to the limitation under subsection (d). (b) ELIGIBLE MEMBERS.—A member referred to in subsection (a) is a member of the armed forces who, at the time of the approval of the member’s request to transfer entitlement to basic educational assistance under this section, has completed at least— (1) six years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the armed forces; or (2) the years of service as determined in reg- ulations pursuant to subsection (j). (c) ELIGIBLE DEPENDENTS.—A member ap- proved to transfer an entitlement to basic edu- cational assistance under this section may transfer the member’s entitlement as follows: (1) To the member’s spouse. (2) To one or more of the member’s children. (3) To a combination of the individuals re- ferred to in paragraphs (1) and (2).