
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 122(b)(1)]
[Document affected by Public Law 107-14 Section 7(b)(2)(B)]
[Document affected by Public Law 106-419 Section 122(d)]
[CITE: 38USC3032]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
 SUBCHAPTER IV--TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; 
                  GENERAL AND ADMINISTRATIVE PROVISIONS
 
Sec. 3032. Limitations on educational assistance for certain 
        individuals
        
    (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 lesser of 
(1) the amount of the educational assistance allowance otherwise payable 
to such individual under this chapter, or (2) the established charges 
for tuition and fees that the educational institution involved requires 
similarly circumstanced nonveterans enrolled in the same program to pay.
    (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 assistance allowance.

    (2) In any month in which an individual pursuing a program of 
education consisting of a program of apprenticeship or other on-job 
training fails to complete 120 hours of training, the amount of monthly 
educational assistance allowance payable under this chapter to the 
individual shall be limited to the same proportion of the applicable 
rate determined under paragraph (1) of this subsection as the number of 
hours worked during such month, rounded to the nearest eight hours, 
bears to 120 hours.
    (3)(A) Except as provided in subparagraph (B) of this paragraph, for 
each month that an individual is paid a monthly educational assistance 
allowance under this chapter, the individual's entitlement under this 
chapter shall be charged at the rate of--
        (i) 75 percent of a month in the case of payments made in 
    accordance with paragraph (1)(A) of this subsection;
        (ii) 55 percent of a month in the case of payments made in 
    accordance with paragraph (1)(B) of this subsection; and
        (iii) 35 percent of a month in the case of payments made in 
    accordance with paragraph (1)(C) of this subsection.

    (B) Any such charge to the individual's entitlement shall be reduced 
proportionately in accordance with the reduction in payment under 
paragraph (2) of this subsection.
    (d)(1)(A) The amount of the educational assistance allowance payable 
under this chapter to an individual who enters into an agreement to 
pursue, and is pursuing, a program of education exclusively by 
correspondence is an amount equal to 55 percent of the established 
charge which the institution requires nonveterans to pay for the course 
or courses pursued by such individual.
    (B) For purposes of this paragraph, the term ``established charge'' 
means the lesser of--
        (i) the charge for the course or courses determined on the basis 
    of the lowest extended time payment plan offered by the institution 
    and approved by the appropriate State approving agency; or
        (ii) the actual charge to the individual for such course or 
    courses.

    (2) Such allowance shall be paid quarterly on a pro rata basis for 
the lessons completed by the individual and serviced by the institution.
    (3) In each case in which the rate of payment to an individual is 
determined under paragraph (1) of this subsection, the period of 
entitlement of such individual under this chapter shall be charged at 
the rate of one month for each payment of educational assistance to the 
individual that is equal to the amount of monthly educational assistance 
the individual would otherwise be eligible to receive for full-time 
pursuit of an institutional course under this chapter.
    (e)(1) Notwithstanding subsection (a) of this section, each 
individual who is pursuing a program of education consisting exclusively 
of flight training approved as meeting the requirements of section 
3034(d) of this title shall be paid an educational assistance allowance 
under this chapter in the amount equal to 60 percent of the established 
charges for tuition and fees which similarly circumstanced nonveterans 
enrolled in the same flight course are required to pay.
    (2) No educational assistance allowance may be paid under this 
chapter to an individual for any month during which such individual is 
pursuing a program of education consisting exclusively of flight 
training until the Secretary has received from that individual and the 
institution providing such training a certification of the flight 
training received by the individual during that month and the tuition 
and other fees charged for that training.
    (3) The number of months of entitlement charged in the case of any 
individual for a program of education described in paragraph (1) of this 
subsection shall be equal to the number (including any fraction) 
determined by dividing the total amount of educational assistance paid 
such individual for such program by the monthly rate of educational 
assistance which, except for paragraph (1) of this subsection, such 
individual would otherwise be paid under subsection (a)(1), (b)(1), (d), 
or (e)(1) of section 3015 of this title, as the case may be.
    (4) The number of solo flying hours for which an individual may be 
paid an educational assistance allowance under this subsection may not 
exceed the minimum number of solo flying hours required by the Federal 
Aviation Administration for the flight rating or certification which is 
the goal of the individual's flight training.

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 
Stat. 2561, Sec. 1432; amended Pub. L. 99-576, title III, Sec. 301(b), 
(d)(1), Oct. 28, 1986, 100 Stat. 3267, 3268; Pub. L. 100-689, title I, 
Secs. 108(a)(2), 111(a)(7)(A), (8), Nov. 18, 1988, 102 Stat. 4169, 4172; 
Pub. L. 101-237, title IV, Sec. 422(a)(2), Dec. 18, 1989, 103 Stat. 
2089; Pub. L. 102-16, Sec. 10(a)(3), Mar. 22, 1991, 105 Stat. 55; 
renumbered Sec. 3032 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 
6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, Sec. 310(a), Oct. 
29, 1992, 106 Stat. 4329; Pub. L. 103-446, title XII, Sec. 1201(d)(6), 
Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104-275, title I, Sec. 105(a), 
Oct. 9, 1996, 110 Stat. 3327.)


                               Amendments

    1996--Subsecs. (d) to (f). Pub. L. 104-275 redesignated subsecs. (e) 
and (f) as (d) and (e), respectively, and struck out former subsec. (d) 
which read as follows:
    ``(d)(1) The amount of the monthly educational assistance allowance 
payable to an individual pursuing a cooperative program under this 
chapter shall be 80 percent of the monthly allowance otherwise payable 
to such individual under section 3015 and section 3022, if applicable, 
of this title.
    ``(2) For each month that an individual is paid a monthly 
educational assistance allowance for pursuit of a cooperative program 
under this chapter, the individual's entitlement under this chapter 
shall be charged at the rate of 80 percent of a month.''
    1994--Subsec. (f)(3). Pub. L. 103-446 substituted ``(d), or (e)(1)'' 
for ``(c), or (d)(1)''.
    1992--Subsec. (f)(1). Pub. L. 102-568, Sec. 310(a)(1), struck out 
``(other than tuition and fees charged for or attributable to solo 
flying hours)'' after ``for tuition and fees''.
    Subsec. (f)(4). Pub. L. 102-568, Sec. 310(a)(2), added par. (4).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1432 of this 
title as this section.
    Subsec. (d)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3015'' 
for ``1415'' and ``3022'' for ``1422''.
    Subsec. (f)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3034(d)'' for ``1434(d)''.
    Subsec. (f)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3015'' 
for ``1415''.
    Pub. L. 102-16 substituted ``(c), or (d)(1)'' for ``or (c)''.
    1989--Subsec. (f). Pub. L. 101-237 added subsec. (f).
    1988--Subsec. (c)(3)(A). Pub. L. 100-689, Sec. 111(a)(8)(A), (B), 
designated existing provision as subpar. (A) and substituted ``Except as 
provided in subparagraph (B) of this paragraph, for'' for ``For'', and 
redesignated subpars. (A) to (C) as cls. (i) to (iii), respectively.
    Subsec. (c)(3)(B). Pub. L. 100-689, Sec. 111(a)(8)(C), added subpar. 
(B).
    Subsec. (d). Pub. L. 100-689, Sec. 108(a)(2), added subsec. (d).
    Subsec. (e). Pub. L. 100-689, Sec. 111(a)(7)(A), added subsec. (e).
    1986--Pub. L. 99-576, Sec. 301(d)(1), substituted ``Limitations'' 
for ``Limitation'' in section catchline.
    Subsec. (c). Pub. L. 99-576, Sec. 301(b), added subsec. (c).


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-568 applicable to flight training received 
under this chapter, chapter 32 of this title, and chapter 106 of Title 
10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Pub. L. 
102-568, set out as a note under section 16131 of Title 10.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-237 effective Sept. 30, 1990, see section 
422(d) of Pub. L. 101-237, set out as a note under section 16131 of 
Title 10, Armed Forces.


                    Effective Date of 1988 Amendment

    Amendment by section 108(a)(2) of Pub. L. 100-689 effective Jan. 1, 
1989, see section 108(c) of Pub. L. 100-689, set out as a note under 
section 3002 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3015, 3022, 3034 of this 
title.
