
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1602(b)(3)]]
[Document affected by Public Law 106-419 Section 101(a)]
[Document affected by Public Law 106-419 Section 103(d)]
[Document affected by Public Law 106-419 Section 105(b)]
[Document affected by Public Law 107-103 Section 101(a)]
[Document affected by Public Law 107-14 Section 7(b)(2)(A)]
[Document affected by Public Law 107-14 Section 7(c)(3)]
[Document affected by Public Law 106-419 Section 101(b)]
[Document affected by Public Law 107-103 Section 101(b)]
[CITE: 38USC3015]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3015. Amount of basic educational assistance

    (a) The amount of payment of educational assistance under this 
chapter is subject to section 3032 of this title. Except as otherwise 
provided in this section, a basic educational assistance allowance under 
this subchapter shall be paid--
        (1) at the monthly rate of $528 (as increased from time to time 
    under subsection (g)) for an approved program of education pursued 
    on a full-time basis; 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 and whose 
initial obligated period of active duty 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) at the monthly rate of $429 (as increased from time to time 
    under subsection (g)) for an approved program of education pursued 
    on a full-time basis; 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--
        (A) whose initial obligated period of active duty is less than 
    three years;
        (B) who, beginning on the date of the commencement of the 
    person's initial obligated period of such 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 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 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.
    (g) With respect to any fiscal year, the Secretary shall provide a 
percentage increase (rounded to the nearest dollar) in the rates payable 
under subsections (a)(1) and (b)(1) equal to the percentage by which--
        (1) the Consumer Price Index (all items, United States city 
    average) for the 12-month period ending on the June 30 preceding the 
    beginning of the fiscal year for which the increase is made, exceeds
        (2) such Consumer Price Index for the 12-month period preceding 
    the 12-month period described in paragraph (1).

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2557, Sec. 1415; amended Pub. L. 100-689, title I, 
Secs. 103(b)(3), 111(a)(5)(A), Nov. 18, 1988, 102 Stat. 4165, 4171; Pub. 
L. 101-189, div. A, title VI, Sec. 641, Nov. 29, 1989, 103 Stat. 1456; 
Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), (5), Dec. 18, 1989, 103 
Stat. 2092; Pub. L. 101-510, div. A, title V, Sec. 561(b)(2), Nov. 5, 
1990, 104 Stat. 1573; Pub. L. 102-25, title III, Sec. 337(a), Apr. 6, 
1991, 105 Stat. 90; Pub. L. 102-54, Sec. 14(c)(1), June 13, 1991, 105 
Stat. 284; renumbered Sec. 3015 and amended Pub. L. 102-83, Sec. 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, 
Secs. 301(a), (c), 307(a), (b), Oct. 29, 1992, 106 Stat. 4325, 4326, 
4328, 4329; Pub. L. 103-66, title XII, Sec. 12009(a), (d)(1), (2), Aug. 
10, 1993, 107 Stat. 415, 416; Pub. L. 104-275, title I, Sec. 106(b)(3), 
Oct. 9, 1996, 110 Stat. 3329; Pub. L. 105-114, title IV, Sec. 401(b), 
Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105-178, title VIII, 
Sec. 8203(a)(1)-(3), June 9, 1998, 112 Stat. 493; Pub. L. 105-261, div. 
A, title V, Sec. 565(a), title VI, Sec. 656(a), Oct. 17, 1998, 112 Stat. 
2029, 2053.)

                       References in Text

    The date of the enactment of this paragraph, referred to in subsec. 
(d)(2), is the date of enactment of Pub. L. 105-261 which was approved 
Oct. 17, 1998.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178, Sec. 8203(a)(3)(A), struck out 
``subsections (b), (c), (d), (e), (f), and (g) of'' before ``this 
section'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 105-178, Sec. 8203(a)(1)(A), substituted 
``$528 (as increased from time to time under subsection (g))'' for 
``$400''.
    Subsec. (b). Pub. L. 105-178, Sec. 8203(a)(3)(B), in introductory 
provisions, substituted ``In'' for ``Except as provided in subsections 
(c), (d), (e), (f), and (g), in'' and inserted ``(except as provided in 
the succeeding subsections of this section)'' after ``under this chapter 
shall''.
    Subsec. (b)(1). Pub. L. 105-178, Sec. 8203(a)(1)(B), substituted 
``$429 (as increased from time to time under subsection (g))'' for 
``$325''.
    Subsec. (d). Pub. L. 105-261, Sec. 656(a), designated existing 
provisions as par. (1) and added par. (2).
    Pub. L. 105-261, Sec. 565(a), inserted ``, at the time the 
individual first becomes a member of the Armed Forces,'' after 
``Secretary of Defense, may'' and substituted ``$950 per month'' for 
``$400 per month, in the case of an individual who first became a member 
of the Armed Forces before November 29, 1989, or $700 per month, in the 
case of an individual who first became a member of the Armed Forces on 
or after that date.''
    Subsec. (g). Pub. L. 105-178, Sec. 8203(a)(2), substituted ``, the 
Secretary shall provide a percentage increase (rounded to the nearest 
dollar) in the rates payable under subsections (a)(1) and (b)(1)'' for 
``beginning on or after October 1, 1994, the Secretary shall continue to 
pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of 
this section, the monthly rates payable under this subsection for the 
previous fiscal year and shall provide, for any such fiscal year, a 
percentage increase in such rates''.
    1997--Subsec. (e)(1)(A). Pub. L. 105-114, Sec. 401(b)(1), 
substituted ``(1)(A) Except as provided in subparagraph (B) of this 
paragraph and subject to paragraph (2)'' for ``(1) Subject to paragraph 
(2)''.
    Subsec. (e)(1)(B). Pub. L. 105-114, Sec. 401(b)(2), added subpar. 
(B).
    1996--Subsec. (f). Pub. L. 104-275 inserted ``, 3018B, or 3018C'' 
after ``section 3018A''.
    1993--Subsecs. (c) to (g). Pub. L. 103-66, Sec. 12009(d)(1), (2), 
made technical amendments to directory language of Pub. L. 102-568, 
Secs. 301(c), 307(a). See 1992 Amendment note below.
    Subsec. (g). Pub. L. 103-66, Sec. 12009(a), struck out par. (1) and 
par. (2) designation, redesignated subpars. (A) and (B) of former par. 
(2) as pars. (1) and (2), respectively, and substituted ``paragraph 
(1)'' for ``subparagraph (A)'' in par. (2). Prior to amendment, par. (1) 
read as follows: ``With respect to the fiscal year beginning on October 
1, 1993, the Secretary shall provide a percentage increase in the 
monthly rates payable under subsections (a)(1) and (b)(1) of this 
section equal to the percentage by which the Consumer Price Index (all 
items, United States city average, published by the Bureau of Labor 
Statistics) for the 12-month period ending June 30, 1993, exceeds such 
Consumer Price Index for the 12-month period ending June 30, 1992.''
    1992--Subsec. (a). Pub. L. 102-568, Sec. 307(b)(1), substituted 
``(f), and (g)'' for ``and (f)'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 102-568, Sec. 301(a)(1), substituted 
``$400'' for ``$300''.
    Subsec. (b). Pub. L. 102-568, Sec. 307(b)(2), substituted ``(f), and 
(g)'' for ``and (f)'' in introductory provisions.
    Subsec. (b)(1). Pub. L. 102-568, Sec. 301(a)(2), substituted 
``$325'' for ``$250''.
    Subsec. (c). Pub. L. 102-568, Sec. 307(a)(3), as amended by Pub. L. 
103-66, Sec. 12009(d)(2), added subsec. (c). Former subsec. (c) 
redesignated (d).
    Subsec. (d). Pub. L. 102-568, Sec. 307(a)(1), (2), as amended by 
Pub. L. 103-66, Sec. 12009(d)(2), redesignated subsec. (c) as (d) and 
substituted ``(a), (b), and (c)'' for ``(a) and (b)''. Former subsec. 
(d) redesignated (e).
    Subsec. (e). Pub. L. 102-568, Sec. 307(a)(1), as amended by Pub. L. 
103-66, Sec. 12009(d)(2), redesignated subsec. (d) as (e). Former 
subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 102-568, Sec. 307(a)(1), as amended by Pub. L. 
103-66, Sec. 12009(d)(2), redesignated subsec. (e) as (f). Former 
subsec. (f) redesignated (g).
    Pub. L. 102-568, Sec. 301(c), as amended by Pub. L. 103-66, 
Sec. 12009(d)(1), redesignated par. (2) as (1), substituted ``shall 
provide a percentage increase in the monthly rates payable under 
subsections (a)(1) and (b)(1) of this section'' for ``may continue to 
pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of 
this section, the monthly rates payable under paragraph (1) of this 
subsection and may provide a percentage increase in such rates'', 
redesignated par. (3) as (2), substituted ``Secretary shall'' for 
``Secretary may'' and ``and shall'' for ``and may'' in introductory 
provisions, and struck out former par. (1) which read as follows: 
``During the period beginning on October 1, 1991, and ending on 
September 30, 1993, the monthly rates payable under subsection (a)(1) or 
(b)(1) of this section shall be $350 and $275, respectively.''
    Subsec. (g). Pub. L. 102-568, Sec. 307(a)(1), as amended by Pub. L. 
103-66, Sec. 12009(d)(2), redesignated subsec. (f) as (g).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1415 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3042'' for 
``1432'' in introductory provisions.
    Pub. L. 102-25, Sec. 337(a)(1), substituted ``, (c), (d), (e), and 
(f)'' for ``and (c)'' in introductory provisions.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3011 or 
3018'' for ``1411 or 1418'' in introductory provisions.
    Pub. L. 102-25, Sec. 337(a)(2), substituted ``Except as provided in 
subsections (c), (d), (e), and (f), in'' for ``In'' in introductory 
provisions.
    Subsec. (c). Pub. L. 102-54 substituted ``November 29, 1989'' for 
``the date of the enactment of the National Defense Authorization Act 
for Fiscal Years 1990 and 1991''.
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3222(c)'' 
for ``1622(c)'' in two places and ``3018A'' for ``1418A''.
    Subsec. (f). Pub. L. 102-25, Sec. 337(a)(3), added subsec. (f).
    1990--Subsec. (e). Pub. L. 101-510 added subsec. (e).
    1989--Subsecs. (a)(2), (b)(2). Pub. L. 101-237, Sec. 423(b)(1)(A), 
substituted ``Secretary'' for ``Administrator''.
    Subsec. (c). Pub. L. 101-237, Sec. 423(b)(5), inserted ``of 
Defense'' after ``prescribed by the Secretary'' and after ``of this 
section as the Secretary''.
    Pub. L. 101-189 inserted ``, in the case of an individual who first 
became a member of the Armed Forces before the date of the enactment of 
the National Defense Authorization Act for Fiscal Years 1990 and 1991, 
or $700 per month, in the case of an individual who first became a 
member of the Armed Forces on or after that date'' before period at end.
    1988--Subsec. (a). Pub. L. 100-689, Sec. 111(a)(5)(A), substituted 
``The amount of payment of educational assistance under this chapter is 
subject to section 1432 of this title. Except'' for ``Subject to section 
1432 of this title and except''.
    Subsec. (b). Pub. L. 100-689, Sec. 103(b)(3), inserted reference to 
section 1418 of this title.


                    Effective Date of 1998 Amendments

    Pub. L. 105-261, div. A, title V, Sec. 565(b), Oct. 17, 1998, 112 
Stat. 2029, provided that: ``The amendments made by subsection (a) 
[amending this section] shall take effect on October 1, 1998, and shall 
apply with respect to individuals who first become members of the Armed 
Forces on or after that date.''
    Pub. L. 105-178, title VIII, Sec. 8203(a)(4), June 9, 1998, 112 
Stat. 493, provided that: ``The amendments made by this subsection 
[amending this section] shall take effect on October 1, 1998, and shall 
apply with respect to educational assistance allowances paid for months 
after September 1998. However, no adjustment in rates of educational 
assistance shall be made under subsection (g) of section 3015 of title 
38, United States Code, as amended by paragraph (2), for fiscal year 
1999.''


                    Effective Date of 1993 Amendment

    Section 12009(d)(3) of Pub. L. 103-66 provided that: ``The 
amendments made by paragraphs (1) and (2) [amending this section] shall 
apply as if included in the enactment of Public Law 102-568.''


                    Effective Date of 1992 Amendment

    Amendment by section 301(a) and (c) of Pub. L. 102-568 effective 
Apr. 1, 1993, but not to be construed to change account from which 
payment is made for certain portion of payments made under this chapter 
or chapter 106 of Title 10, Armed Services, see section 301(e) of Pub. 
L. 102-568, set out as a note under section 16131 of Title 10.
    Section 307(c) of Pub. L. 102-568 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section] shall take 
effect as if enacted on June 30, 1985, and apply to the payment of 
educational assistance for education or training pursued on or after 
September 1, 1993.''

     1995 Cost-of-Living Adjustment in Rates of Educational 
                           Assistance

    Fiscal year 1995 cost-of-living adjustments in rates of educational 
assistance payable under this chapter to be percentage equal to 50 
percent of percentage by which such assistance would be increased under 
subsec. (g) of this section but for section 12009 of Pub. L. 103-66, see 
section 12009(c) of Pub. L. 103-66, set out as a note under section 
16131 of Title 10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in sections 3018A, 3018B, 3018C, 3032, 
3035 of this title; title 10 sections 2006, 16131; title 42 section 
12603.
