Title 10, Armed ForcesRelease 119-110

§16162a Accelerated Payment of Educational Assistance

Title 10 › Subtitle E — Reserve Components › PART IV — TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS › CHAPTER 1607 — EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS › § 16162a

Last updated Sep 22, 2026|Official source

Summary

Allows eligible reserve members to get their education benefit paid early for programs that last two years or less and do not lead to a degree. To be eligible, the program’s tuition and fees per month must be more than 200% of the normal monthly benefit. The early payment equals the smaller of 60% of the school’s normal tuition/fee charges or the total benefit money the member still has left. “Established charges” means what other students would pay for tuition and fees (it does not include vehicle purchases). The school must certify the student’s enrollment and the charges to the Department of Veterans Affairs. The VA must send the payment by the last day of the month after it gets the school’s certification. The payment reduces the member’s remaining months of benefits by dividing the payment by the full-time monthly benefit rate at the start of the enrollment. If the monthly rate increases during the enrollment, the VA will split the charge between the old and new rates. The VA will make rules about how to request, give, use, and recover these payments. All such accelerated payments for these short programs are limited to $3,000,000 per fiscal year.

Full Legal Text

Title 10, §16162a

Armed Forces, Source: USLM XML via OLRC

(a)Payment on Accelerated Basis.—
The educational assistance 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 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 member under section 16162 of this title.
(c)Amount of Accelerated Payment.—
(1)The amount of the accelerated payment of educational assistance payable with respect to an eligible member 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 member 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 member 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 member 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 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 accelerated payment of educational assistance allowance 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 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 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 assistance 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 member’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)Regulations.—
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 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.

Legislative History

Notes & Related Subsidiaries

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 enrollments in approved programs of education after such date.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 16162a

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110