38 U.S.C. § 3014A — Accelerated payment of basic edu-

Page 660 TITLE 38—VETERANS’ BENEFITS § 3014A (2)(A) The amount of the basic educational as- sistance allowance payable to an individual under this subsection for a month shall be the amount of the basic educational assistance al- lowance to which the individual would be enti- tled for the month under section 3015 of this title. (B) The maximum number of months for which an individual may be paid a basic educational assistance allowance under paragraph (1) is 36. (C) The number of months of entitlement charged under this chapter in the case of an in- dividual who has been paid a basic educational assistance allowance under this subsection shall be equal to the number (including any fraction) determined by dividing the total amount of such educational assistance allowance paid the indi- vidual by the full-time monthly institutional rate of educational assistance which such indi- vidual would otherwise be paid under subsection (a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of section 3015 of this title, as the case may be. (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1414; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3014, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–359; Pub. L. 107–14, § 7(b)(1), June 5, 2001, 115 Stat. 31.) Editorial Notes AMENDMENTS 2001—Subsec. (b)(2)(A). Pub. L. 107–14, § 7(b)(1)(A), struck out ‘‘(without regard to subsection (g) of that section) were payment made under that section instead of under this subsection’’ before period at end. Subsec. (b)(2)(C). Pub. L. 107–14, § 7(b)(1)(B), added subpar. (C). 2000—Pub. L. 106–398 designated existing provisions as subsec. (a) and added subsec. (b). 1991—Pub. L. 102–83 renumbered section 1414 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–14, § 7(b)(3), June 5, 2001, 115 Stat. 32, pro- vided that: ‘‘The amendments made by this subsection [amending this section and sections 3015 and 3032 of this title] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419).’’ § 3014A. Accelerated payment of basic edu- cational 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 as- sistance allowance otherwise payable to the in- dividual under section 3015 of this title. (b) An individual described in this subsection is an individual who is— (1) enrolled in an approved program of edu- cation that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regula- tions 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 enroll- ment period, exceeds the amount equal to 200 percent of the monthly rate of basic edu- cational assistance allowance otherwise pay- able to the individual under section 3015 of this title. (c)(1) The amount of the accelerated payment of basic educational assistance made to an indi- vidual 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 es- tablished charges for the program of edu- cation; or (B) the aggregate amount of basic edu- cational assistance to which the individual re- mains 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 pursu- ant 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. Es- tablished charges shall be determined on the fol- lowing basis: (A) 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. (B) 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. (3) The educational institution providing the program of education for which an accelerated payment of basic educational assistance allow- ance is elected by an individual under sub- section (a) shall certify to the Secretary the amount of the established charges for the pro- gram of education. (d) An accelerated payment of basic edu- cational assistance made to an individual 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 receives a certification from the edu- cational institution regarding— (1) the individual’s enrollment in and pur- suit 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 basic educational assistance made to an individual under this sec- tion, the individual’s entitlement to basic edu- cational 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 basic educational assistance al- Page 661 TITLE 38—VETERANS’ BENEFITS § 3015 lowance otherwise payable to the individual under section 3015 of this title as of the begin- ning date of the enrollment period for the pro- gram of education for which the accelerated payment is made. (2) If the monthly rate of basic educational as- sistance allowance otherwise payable to an indi- vidual under section 3015 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 entitle- ment to basic educational assistance under this chapter shall be determined by prorating the en- titlement 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 Secretary. (f) The Secretary may not make an acceler- ated payment under this section for a program of education to an individual who has received an advance payment under section 3680(d) of this title for the same enrollment period. (g) 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 under this section. (Added Pub. L. 107–103, title I, § 104(a)(1), Dec. 27, 2001, 115 Stat. 980; amended Pub. L. 107–330, title III, § 308(b)(1), (2)(A), Dec. 6, 2002, 116 Stat. 2827.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–330, § 308(b)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: ‘‘Accelerated payment of basic edu- cational assistance for education leading to employ- ment in high technology industry’’. Subsec. (b)(1). Pub. L. 107–330, § 308(b)(1), substituted ‘‘employment in a high technology occupation in a high technology industry’’ for ‘‘employment in a high technology industry’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–103, title I, § 104(c), Dec. 27, 2001, 115 Stat. 982, provided that: ‘‘The amendments made by this sec- tion [enacting this section and amending section 3680 of this title] shall take effect October 1, 2002, and shall apply with respect to enrollments in courses or pro- grams of education or training beginning on or after that date.’’ § 3015. Amount of basic educational assistance (a) The amount of payment of educational as- sistance under this chapter is subject to section 3032 of this title. Except as otherwise provided in this section, in the case of an individual enti- tled to an educational assistance allowance under this chapter whose obligated period of ac- tive duty on which such entitlement is based is three years, a basic educational assistance al- lowance under this subchapter shall be paid— (1) for an approved program of education pursued on a full-time basis, at the monthly rate of— (A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,321; and (B) for months occurring during a subse- quent fiscal year, the amount for months oc- curring during the previous fiscal year in- creased under subsection (h); or (2) at an appropriately reduced rate, as de- termined under regulations which the Sec- retary shall prescribe, for an approved pro- gram of education pursued on less than a full- time basis. (b) In the case of an individual entitled to an educational assistance allowance under section 3011 or 3018 of this title whose obligated period of active duty on which such entitlement is based is two years, a basic educational assist- ance allowance under this chapter shall (except as provided in the succeeding subsections of this section) be paid— (1) for an approved program of education pursued on a full-time basis, at the monthly rate of— (A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,073; and (B) for months occurring during a subse- quent fiscal year, the amount for months oc- curring during the previous fiscal year in- creased under subsection (h); or (2) at an appropriately reduced rate, as de- termined under regulations which the Sec- retary shall prescribe, for an approved pro- gram of education pursued on less than a full- time basis. (c)(1) The amount of basic educational allow- ance payable under this chapter to an individual referred to in paragraph (2) of this subsection is the amount determined under subsection (a) of this section. (2) Paragraph (1) of this subsection applies to an individual entitled to an educational assist- ance allowance under section 3011 of this title— (A) whose obligated period of active duty on which such entitlement is based is less than three years; (B) who, beginning on the date of the com- mencement of such obligated period of active duty, serves a continuous period of active duty of not less than three years; and (C) who, after the completion of that contin- uous period of active duty, meets one of the conditions set forth in subsection (a)(3) of such section 3011. (d)(1) In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may, at the time the indi- vidual first becomes a member of the Armed Forces, increase the rate of the basic edu- cational assistance allowance applicable to such individual to such rate in excess of the rate pre- scribed under subsections (a), (b), and (c) of this section as the Secretary of Defense considers ap- propriate, but the amount of any such increase may not exceed $950 per month. (2) In the case of an individual who after Octo- ber 7, 1997, receives an enlistment bonus under