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38 U.S.C. § 3015 — Amount of basic educational assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The amount of payment of educational assistance under this chapter is subject to [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim). Except as otherwise provided in this section, in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years, a basic educational assistance allowance 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 subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program 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 assistance 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 subsequent fiscal year, the amount for months occurring during the pr
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Source location: Title 38, Chapter 30, § 3015; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(a)** The amount of payment of educational assistance under this chapter is subject to [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim). Except as otherwise provided in this section, in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years, a basic educational assistance allowance 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 subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program 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 assistance 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 subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
**(c)**
(1) The amount of basic educational allowance 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 assistance allowance under [section 3011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011&num=0&edition=prelim)—
(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 commencement 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 continuous 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 individual first becomes a member of the Armed Forces, increase the rate of the basic educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsections (a), (b), and (c) of this section as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $950 per month.
(2) In the case of an individual who after October 7, 1997, receives an enlistment bonus under section 308a or 308f 11 See References in Text note below. of title 37, receipt of that bonus does not affect the eligibility of that individual for an increase under paragraph (1) in the rate of the basic educational assistance allowance applicable to that individual, and the Secretary concerned may provide such an increase for that individual (and enter into an agreement with that individual that the United States agrees to make payments pursuant to such an increase) without regard to any provision of law (enacted before, on, or after the date of the enactment of this paragraph) that limits the authority to make such payments.
**(e)**
(1)
(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2) of this subsection, in the case of an individual who on December 31, 1989, was entitled to educational assistance under chapter 34 of this title, the rate of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal to one-half of the educational assistance allowance that would be applicable to such individual under such chapter 34 (as of the time the assistance under this chapter is provided and based on the rates in effect on December 31, 1989) if such chapter were in effect.
(B) Notwithstanding subparagraph (A) of this paragraph, in the case of an individual described in that subparagraph who is pursuing a cooperative program on or after October 9, 1996, the rate of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal to one-half of the educational assistance allowance that would be applicable to such individual for pursuit of full-time institutional training under chapter 34 (as of the time the assistance under this chapter is provided and based on the rates in effect on December 31, 1989) if such chapter were in effect.
(2) The number of months for which the rate of the basic educational assistance allowance applicable to an individual is increased under paragraph (1) of this subsection may not exceed the number of months of entitlement to educational assistance under chapter 34 of this title that the individual had remaining on December 31, 1989.
**(f)** In the case of an individual for whom the Secretary of Defense made contributions under [section 3222(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/c&num=0&edition=prelim) and who is entitled to educational assistance under section 3018A, 3018B, or 3018C of this chapter, the Secretary shall increase the rate of the basic educational assistance allowance applicable to such individual in excess of the rate provided under subsection (a) of this section in a manner consistent with, as determined by the Secretary of Defense, the agreement entered into with such individual pursuant to the rules and regulations issued by the Secretary of Defense under [section 3222(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3222/c&num=0&edition=prelim).
**(g)** In the case of an individual who has made contributions authorized by section 3011(e) or 3012(f) of this title, effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned, the monthly amount of basic educational assistance allowance applicable to such individual under subsection (a), (b), or (c) shall be the monthly rate otherwise provided for under the applicable subsection increased by—
(1) an amount equal to $5 for each $20 contributed by such individual under section 3011(e) or 3012(f) of this title, as the case may be, for an approved program of education pursued on a full-time basis; or
(2) an appropriately reduced amount based on the amount so contributed, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
**(h)**
(1) With respect to any fiscal year, the Secretary shall provide a percentage increase in the rates payable under subsections (a)(1) and (b)(1) equal to the percentage by which—
(A) the average cost of undergraduate tuition in the United States, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made, exceeds
(B) the average cost of undergraduate tuition in the United States, as so determined, for the academic year preceding the academic year described in subparagraph (A).
(2) Any increase under paragraph (1) in a rate with respect to a fiscal year after fiscal year 2004 and before fiscal year 2014 shall be rounded down to the next lower whole dollar amount. Any such increase with respect to a fiscal year after fiscal year 2013 shall be rounded to the nearest whole dollar amount.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each individual entitled to basic educational assistance who is pursuing an approved program of education a basic educational assistance allowance to help meet, in part, the expenses of such individual’s subsistence, tuition, fees, supplies, books, equipment, and other educational costs.
**(b)**
(1) In the case of an individual entitled to basic educational assistance who is pursuing education or training described in subsection (a) or (c) of [section 2007 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2007&num=0&edition=prelim), the Secretary shall, at the election of the individual, pay the individual a basic educational assistance allowance to meet all or a portion of the charges of the educational institution for the education or training that are not paid by the Secretary of the military department concerned under such subsection.
(2)
(A) The amount of the basic educational assistance allowance payable to an individual under this subsection for a month shall be the amount of the basic educational assistance allowance to which the individual would be entitled for the month under [section 3015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim).
(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 individual 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 individual by the fu
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3014
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c) of this section, each individual—
(1) who—
(A) during the period beginning July 1, 1985, and ending September 30, 2030, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and—
(i) who (I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or
(ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (II) for the convenience of the Government, if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period o
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3011
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of an individual entitled to educational assistance under this chapter who is pursuing a program of education—
(1) while on active duty; or
(2) on less than a half-time basis,
the amount of the monthly educational assistance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section.
**(b)** The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the least of the following: (1) the amount of the educational assistance allowance otherwise payable to such individual under this chapter, (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay, or (3) the amount of the charges of the educational institution elected by the individual under [section 3014(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3014/b/1&num=0&edition=prelim).
**(c)**
(1) Except as provided in paragraph (2) of this subsection, the amount of the monthly educational assistance allowance payable to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—
(A) for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such individual under this chapter;
(B) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly educational assistance allowance; and
(C) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly educational assis
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3032
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Establishment.—** The Secretary of each military department, under regulations prescribed by the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall establish and maintain a program as prescribed in this chapter to provide educational assistance to members of the Ready Reserve of the armed forces under the jurisdiction of the Secretary concerned.
**(b) Authorized Education Programs.—** Educational assistance may be provided under this chapter for pursuit of any program of education that is an approved program of education for purposes of chapter 30 of title 38.
**(c) Benefit Amount.—**
(1) The educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, an educational assistance allowance to each member entitled to educational assistance under this chapter who is pursuing a program of education authorized under subsection (b).
(2) The educational assistance allowance provided under this chapter shall be based on the applicable percent under paragraph (4) to the applicable rate provided under [section 3015 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim) for a member whose entitlement is based on completion of an obligated period of active duty of three years.
(3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of title 38, that rate shall be further adjusted by the applicable percent specified in paragraph (4).
(4) The adjusted educational assistance allowance under paragraph (2) o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 16162
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3014A
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by this chapter shall be administered by the Department of Veterans Affairs.
**(b)**
(1) Except to the extent provided in paragraphs (2), (3), and (4), payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or otherwise available to, the Department of Veterans Affairs for the payment of readjustment benefits and from transfers from the Post-Vietnam Era Veterans Education Account pursuant to [section 3232(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3232/b/2/B&num=0&edition=prelim).
(2) Payments for entitlement earned under subchapter II of this chapter that is established under [section 3015(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/d&num=0&edition=prelim) at a rate in excess of the rate prescribed under subsection (a) or (b) of [section 3015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim) shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under [section 2006 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) or from appropriations made to the Department of Homeland Security, as appropriate.
(3) Payment for entitlements established under section 3018A or 3018B of this title shall be made—
(A) except as provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under [section 2006 of title 10](https://uscode.house.gov/vi
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3035
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Federal law — U.S. Code and appendices · legal_authorities
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 e
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3015
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