Page:United States Statutes at Large Volume 122.djvu/130

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12 2 STA T . 1 07PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 prog r am o feduc a ti o n for wh ich an acce l erated pa y ment of edu - cational a s sistance allowance is made under this section , the charge to the person ’ s entitlement to educational assistance under this chapter shall b e determined by prorating the entitlement charge- able, in the manner pro v ided for under paragraph (1) , for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the S ecretary of V et- erans A ffairs .‘ ‘(f) T he Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include re q uirements, conditions, and methods for the request, issuance, delivery, certifi- cation of receipt and use, and recovery of overpayment of an acceler- ated payment of educational assistance allowance under this sec- tion. The regulations may include such elements of the regulations prescribed under section 30 1 4 Aoftitle3 8 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 e x ceed $ 4,000,000.’’. ( 2 ) CLERICA LA M E ND MEN T . — The table of sections at the beginning of chapter 1 6 06 of such title is amended by inserting after the item relating to section 16131 the following new item

‘ 16 1 3 1 a.Ac c el e r a t e dp a ym e n t of ed u cat i onal a s sistance. ’ ’. (3) EF FECTI V E DATE.—The amendments made by this sub- section shall ta k e effect on O ctober 1, 2008, and shall only apply to initial enrollments in approved programs of education after such date. (b) ACCELERATED P A Y MENT O FED U CATIONAL A S SISTANCE FOR R ESERVE COM P ONENT M EM B ERS SUPPORTIN G CONTINGENCY OPER- ATIONS AND OT H ER OPERATIONS.— (1) I N GENERAL.—Chapter 160 7 of title 10, U nited States Code, is amended by inserting after section 16162 the following new section: ‘ ‘ §16 16 2a.Ac c el e r a t e dp a ym e n t of ed u cat i onal a s sistance ‘‘(a) PAYMENT ON ACCELERATED B ASIS.—The educational assist- ance allowance payable under section 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 section. ‘‘(b) ELIGIBLE MEMBERS.—An eligible member described in this subsection is a member of a reserve component entitled to edu- cational 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, sub j ect 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 member under section 16162 of this title. ‘‘(c) AMOUNT OF ACCELERATED PAYMENT.—(1) The amount of the accelerated payment of educational assistance payable with 10USC 1 6 1 3 1 anote.R e gul at i on s .