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38 U.S.C. § 3014A — Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry
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
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Source location: Title 38, Chapter 30, § 3014A; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(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 enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:
(A) 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.
(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 allowance is elected by an individual under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education.
**(d)** An accelerated payment of basic educational 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 educational institution regarding—
(1) the individual’s enrollment in and pursuit 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 section, the individual’s entitlement to basic 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 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) 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 basic educational assistance allowance otherwise payable to an individual under [section 3015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim) 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 entitlement to basic educational assistance under this chapter shall be determined by prorating the entitlement 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 accelerated 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim) 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.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Period for Which Payment May Be Made.—**
(1) Except as provided in paragraphs (2) and (3), payment of educational assistance or subsistence allowances to eligible veterans or eligible persons pursuing a program of education or training, other than a program by correspondence, in an educational institution under chapter 31, 34, or 35 of this title shall be paid as provided in this section and, as applicable, in section 3108, 3482, 3491, or 3532 of this title. Such payments shall be paid only for the period of such veterans’ or persons’ enrollment in, and pursuit of, such program, but no amount shall be paid—
(A) to any eligible veteran or eligible person for any period when such veteran or person is not pursuing such veteran’s or person’s course in accordance with the regularly established policies and regulations of the educational institution, with the provisions of such regulations as may be prescribed by the Secretary pursuant to subsection (g) of this section, and with the requirements of this chapter or of chapter 34 or 35 of this title, but payment may be made for an actual period of pursuit of one or more unit subjects pursued for a period of time shorter than the enrollment period at the educational institution;
(B) to any eligible veteran or person for auditing a course; or
(C) to any eligible veteran or person for a course for which the grade assigned is not used in computing the requirements for graduation including a course from which the student withdraws unless—
(i) the eligible veteran or person withdraws because he or she is ordered to active duty; or
(ii) the Secretary finds there are mitigating circumstances, except that, in the first instance of withdrawal (without regard to withdrawals described in clause (i)) by the eligibl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3680
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The educational assistance allowance payable under [section 16131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim) with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section.
**(b)** An eligible person described in this subsection is a person 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 person under [section 16131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131&num=0&edition=prelim).
**(c)**
(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person 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 person 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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment on Accelerated Basis.—** The educational assistance allowance payable under [section 16162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16162&num=0&edition=prelim).
**(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
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Federal law — U.S. Code and appendices · legal_authorities
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 exi
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