US (United States) Code. Title 38. Part III. Chapter 30: All-Volunteer force educational assistance program

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

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-CITE-

38 USC CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL

ASSISTANCE PROGRAM 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

-HEAD-

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

-MISC1-

SUBCHAPTER I - PURPOSES; DEFINITIONS

Sec.

3001. Purposes.

3002. Definitions.

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

3011. Basic educational assistance entitlement for service

on active duty.

3012. Basic educational assistance entitlement for service

in the Selected Reserve.

3013. Duration of basic educational assistance.

3014. Payment of basic educational assistance.

3014A. Accelerated payment of basic educational assistance

for education leading to employment in high

technology occupation in high technology industry.

3015. Amount of basic educational assistance.

3016. Inservice enrollment in a program of education.

3017. Death benefit.

3018. Opportunity for certain active-duty personnel to

withdraw election not to enroll.

3018A. Opportunity for certain active-duty personnel to

enroll before being involuntarily separated from

service.

3018B. Opportunity for certain persons to enroll.

3018C. Opportunity for certain VEAP participants to enroll.

3019. Tutorial assistance.

3020. Transfer of entitlement to basic educational

assistance: members of the Armed Forces with critical

military skills.

SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL ASSISTANCE

3021. Supplemental educational assistance for additional

service.

3022. Amount of supplemental educational assistance.

3023. Payment of supplemental educational assistance under

this subchapter.

SUBCHAPTER IV - TIME LIMITATION FOR USE OF ELIGIBILITY AND

ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS

3031. Time limitation for use of eligibility and

entitlement.

3032. Limitations on educational assistance for certain

individuals.

3033. Bar to duplication of educational assistance benefits.

3034. Program administration.

3035. Allocation of administration and of program costs.

3036. Reporting requirement.

AMENDMENTS

2002 - Pub. L. 107-330, title III, Sec. 308(b)(2)(B), Dec. 6,

2002, 116 Stat. 2827, amended item 3014A generally, substituting

"in high technology occupation in high technology industry" for "in

high technology industry".

2001 - Pub. L. 107-107, div. A, title VI, Sec. 654(a)(2), Dec.

28, 2001, 115 Stat. 1156, added item 3020.

Pub. L. 107-103, title I, Sec. 104(a)(2), Dec. 27, 2001, 115

Stat. 981, added item 3014A.

1996 - Pub. L. 104-275, title I, Sec. 106(b)(1), Oct. 9, 1996,

110 Stat. 3329, added item 3018C.

1992 - Pub. L. 102-484, div. D, title XLIV, Sec. 4404(b)(1), Oct.

23, 1992, 106 Stat. 2706, added item 3018B.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 1401 to 1436 as 3001 to 3036, respectively.

Pub. L. 102-54, Sec. 14(c)(2), June 13, 1991, 105 Stat. 285,

substituted "subchapter" for "chapter" in item 1423.

1990 - Pub. L. 101-510, div. A, title V, Sec. 561(a)(2), Nov. 5,

1990, 104 Stat. 1573, added item 1418A.

1988 - Pub. L. 100-689, title I, Secs. 101(b), 103(c), 107(a)(3),

Nov. 18, 1988, 102 Stat. 4162, 4166, 4168, added items 1417 to

1419.

1986 - Pub. L. 99-576, title III, Sec. 301(d)(2), Oct. 28, 1986,

100 Stat. 3268, amended item 1432 generally, substituting

"Limitations" for "Limitation".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 3108, 3485, 3674,

3680A, 3681, 3684A, 3688, 3689, 3690, 3692, 3693, 3695, 3697,

3697A, 4213, 5113, 5303A, 5313B of this title; title 10 sections

510, 708, 2006, 2007, 16131, 16132; title 20 sections 1087vv, 6674;

title 26 sections 25A, 135; title 29 section 2913.

-End-

-CITE-

38 USC SUBCHAPTER I - PURPOSES; DEFINITIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER I - PURPOSES; DEFINITIONS

-HEAD-

SUBCHAPTER I - PURPOSES; DEFINITIONS

-End-

-CITE-

38 USC Sec. 3001 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER I - PURPOSES; DEFINITIONS

-HEAD-

Sec. 3001. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to provide a new educational assistance program to assist

in the readjustment of members of the Armed Forces to civilian

life after their separation from military service;

(2) to extend the benefits of a higher education to qualifying

men and women who might not otherwise be able to afford such an

education;

(3) to provide for vocational readjustment and to restore lost

educational opportunities to those service men and women who

served on active duty after June 30, 1985;

(4) to promote and assist the All-Volunteer Force program and

the Total Force Concept of the Armed Forces by establishing a new

program of educational assistance based upon service on active

duty or a combination of service on active duty and in the

Selected Reserve (including the National Guard) to aid in the

recruitment and retention of highly qualified personnel for both

the active and reserve components of the Armed Forces;

(5) to give special emphasis to providing educational

assistance benefits to aid in the retention of personnel in the

Armed Forces; and

(6) to enhance our Nation's competitiveness through the

development of a more highly educated and productive work force.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2553, Sec. 1401; amended Pub. L. 100-48, Sec. 5, June 1,

1987, 101 Stat. 331; renumbered Sec. 3001, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3001 was renumbered section 5101 of this title.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1401 of this title as

this section.

1987 - Pars. (2) to (6). Pub. L. 100-48 added pars. (2), (3), and

(6), redesignated former pars. (2) and (3) as (4) and (5),

respectively, struck out "and" after "Forces;" in par. (4), and

substituted "Forces; and" for "Forces." in par. (5).

-End-

-CITE-

38 USC Sec. 3002 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER I - PURPOSES; DEFINITIONS

-HEAD-

Sec. 3002. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term "basic educational assistance" means educational

assistance provided under subchapter II of this chapter.

(2) The term "supplemental educational assistance" means

educational assistance provided under subchapter III of this

chapter.

(3) The term "program of education" -

(A) has the meaning given such term in section 3452(b) of this

title;

(B) includes -

(i) a preparatory course for a test that is required or used

for admission to an institution of higher education; and

(ii) a preparatory course for a test that is required or used

for admission to a graduate school; and

(C) in the case of an individual who is not serving on active

duty, includes (i) a full-time program of apprenticeship or of

other on-job training approved as provided in clause (1) or (2),

as appropriate, of section 3687(a) of this title, and (ii) a

cooperative program (as defined in section 3482(a)(2) of this

title).

(4) The term "Selected Reserve" means the Selected Reserve of the

Ready Reserve of any of the reserve components (including the Army

National Guard of the United States and the Air National Guard of

the United States) of the Armed Forces, as required to be

maintained under section 10143(a) of title 10.

(5) The term "Secretary of Defense" means the Secretary of

Defense, except that it means the Secretary of Homeland Security

with respect to the Coast Guard when it is not operating as a

service in the Navy.

(6) The term "active duty" does not include any period during

which an individual (A) was assigned full time by the Armed Forces

to a civilian institution for a course of education which was

substantially the same as established courses offered to civilians,

(B) served as a cadet or midshipman at one of the service

academies, or (C) served under the provisions of section 12103(d)

of title 10 pursuant to an enlistment in the Army National Guard or

the Air National Guard, or as a Reserve for service in the Army

Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or

Coast Guard Reserve.

(7) The term "active duty" includes full-time National Guard duty

first performed after June 30, 1985, by a member of the Army

National Guard of the United States or the Air National Guard of

the United States in the member's status as a member of the

National Guard of a State for the purpose of organizing,

administering, recruiting, instructing, or training the National

Guard.

(8) The term "educational institution" has the meaning given such

term in section 3452(c) of this title.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2554, Sec. 1402; amended Pub. L. 99-576, title III, Sec.

301(a), Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100-689, title I,

Secs. 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 4169, 4170;

Pub. L. 101-237, title IV, Sec. 423(b)(3), Dec. 18, 1989, 103 Stat.

2092; Pub. L. 101-510, div. A, title V, Sec. 563(a), Nov. 5, 1990,

104 Stat. 1575; renumbered Sec. 3002 and amended Pub. L. 102-83,

Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-337,

div. A, title XVI, Sec. 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020;

Pub. L. 103-446, title VI, Sec. 603(b), Nov. 2, 1994, 108 Stat.

4671; Pub. L. 104-275, title I, Sec. 107(a), Oct. 9, 1996, 110

Stat. 3329; Pub. L. 106-117, title VII, Sec. 701, Nov. 30, 1999,

113 Stat. 1582; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25,

2002, 116 Stat. 2315.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3002 to 3004 were renumbered sections 5102 to 5104

of this title, respectively.

Another prior section 3004, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1225, related to reopening of disallowed claims and to

effective date of any subsequent awards, prior to repeal by Pub. L.

87-825, Secs. 5(a), 7, Oct. 15, 1962, 76 Stat. 950, effective first

day of second calendar month which begins after Oct. 15, 1962.

Prior sections 3005 to 3010 were renumbered sections 5105 to 5110

of this title, respectively.

AMENDMENTS

2002 - Par. (5). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1999 - Par. (3)(B), (C). Pub. L. 106-117 added subpar. (B) and

redesignated former subpar. (B) as (C).

1996 - Par. (7). Pub. L. 104-275 substituted "June 30, 1985" for

"November 29, 1989".

1994 - Par. (4). Pub. L. 103-337, Sec. 1677(d)(2)(A), substituted

"section 10143(a) of title 10" for "section 268(b) of title 10".

Par. (6). Pub. L. 103-337, Sec. 1677(d)(2)(B), substituted

"section 12103(d) of title 10" for "section 511(d) of title 10".

Par. (8). Pub. L. 103-446 added par. (8).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1402 of this

title as this section.

Par. (3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3452(b)" for

"1652(b)" in subpar. (A) and "3687(a)" for "1787(a)" and

"3482(a)(2)" for "1682(a)(2)" in subpar. (B).

1990 - Par. (7). Pub. L. 101-510 added par. (7).

1989 - Par. (5). Pub. L. 101-237 amended par. (5) generally.

Prior to amendment, par. (5) read as follows: "The term 'Secretary'

means the Secretary of Defense with respect to members of the Armed

Forces under the jurisdiction of the Secretary of a military

department and the Secretary of Transportation with respect to the

Coast Guard when it is not operating as a service in the Navy."

1988 - Par. (3)(B). Pub. L. 100-689, Sec. 111(a)(1), substituted

"in the case of an individual who is not serving on active duty,

includes" for "includes".

Pub. L. 100-689, Sec. 108(a)(1), inserted cl. (i) designation and

added cl. (ii).

1986 - Par. (3). Pub. L. 99-576 amended par. (3) generally. Prior

to amendment, par. (3) read as follows: "The term 'program of

education' has the meaning given such term in section 1652(b) of

this title."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 563(b) of Pub. L. 101-510, as amended by Pub. L. 102-83,

Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "The

amendment made by this section [amending this section] shall apply

only to individuals who before the date of entry on active duty, as

defined in section 3002(7) [formerly 1402(7)] of title 38, United

States Code (as added by subsection (a)), have never served on

active duty as defined in section 101(21) of that title."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 108(c) of Pub. L. 100-689 provided that: "The amendments

made by this section [amending this section and sections 1432,

1602, and 1631 [now 3032, 3202, and 3231] of this title] shall take

effect on January 1, 1989."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

ELECTION OF BENEFITS UNDER 1996 AMENDMENTS

Section 107(b) of Pub. L. 104-275 provided that:

"(1) An individual may only become eligible for benefits under

chapter 30 of title 38, United States Code, as a result of the

amendment made by subsection (a) [amending this section] by making

an election to become entitled to basic educational assistance

under such chapter. The election may only be made during the

nine-month period beginning on the date of the enactment of this

Act [Oct. 9, 1996] and in the manner required by the Secretary of

Defense.

"(2) In the case of any individual making an election under

paragraph (1) -

"(A) the basic pay of an individual who, while a member of the

Armed Forces, makes an election under paragraph (1) shall be

reduced (in a manner determined by the Secretary of Defense)

until the total amount by which such basic pay is reduced is

$1,200; or

"(B) to the extent that basic pay is not so reduced before the

individual's discharge or release from active duty, the Secretary

of Veterans Affairs shall collect from an individual who makes

such an election an amount equal to the difference between $1,200

and the total amount of reductions under subparagraph (A), which

amount shall be paid into the Treasury as miscellaneous receipts.

"(3) In the case of any individual making an election under

paragraph (1), the 10-year period referred to in section 3031 of

such title shall begin on the later of -

"(A) the date determined under such section 3031; or

"(B) the date on which the election under paragraph (1) becomes

effective."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3011, 3501, 3512 of this

title.

-End-

-CITE-

38 USC SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3002, 3035, 3232 of

this title; title 10 sections 510, 2006.

-End-

-CITE-

38 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3011. Basic educational assistance entitlement for service on

active duty

-STATUTE-

(a) Except as provided in subsection (c) of this section, each

individual -

(1) who -

(A) after June 30, 1985, 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, 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 of obligated service, or, in the case of an

individual with an obligated period of service of at least

three years, the individual completes not less than 30 months

of continuous active duty under that period of obligated

service; or (III) involuntarily for the convenience of the

Government as a result of a reduction in force, as determined

by the Secretary of the military department concerned 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;

(B) as of December 31, 1989, is eligible for educational

assistance benefits under chapter 34 of this title and was on

active duty at any time during the period beginning on October

19, 1984, and ending on July 1, 1985, continued on active duty

without a break in service and -

(i) after June 30, 1985, serves at least three years of

continuous active duty in the Armed Forces; or

(ii) after June 30, 1985, is discharged or released from

active duty (I) for a service-connected disability, 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, as

described in subparagraph (A)(ii)(I) of this paragraph; (II)

for the convenience of the Government, if the individual

completed not less than 30 months of continuous active duty

after that date; or (III) involuntarily for the convenience

of the Government as a result of a reduction in force, as

determined by the Secretary of the military department

concerned 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; or

(C) as of December 31, 1989, was eligible for educational

assistance benefits under chapter 34 of this title and -

(i) was not on active duty on October 19, 1984;

(ii) reenlists or reenters on a period of active duty after

October 19, 1984; and

(iii) on or after July 1, 1985, either -

(I) serves at least three years of continuous active duty

in the Armed Forces; or

(II) is discharged or released from active duty (aa) for

a service-connected disability, 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, as described in

subparagraph (A)(ii)(I) of this paragraph, (bb) for the

convenience of the Government, if the individual completed

not less than 30 months of continuous active duty after

that date, or (cc) involuntarily for the convenience of the

Government as a result of a reduction in force, as

determined by the Secretary of the military department

concerned 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;

(2) who completes the requirements of a secondary school

diploma (or equivalency certificate), or successfully completes

(or otherwise receives academic credit for) the equivalent of 12

semester hours in a program of education leading to a standard

college degree, before applying for benefits under this section;

and

(3) who, after completion of the service described in clause

(1) of this subsection -

(A) continues on active duty;

(B) is discharged from active duty with an honorable

discharge;

(C) is released after service on active duty characterized by

the Secretary concerned as honorable service and is placed on

the retired list, is transferred to the Fleet Reserve or Fleet

Marine Corps Reserve, or is placed on the temporary disability

retired list; or

(D) is released from active duty for further service in a

reserve component of the Armed Forces after service on active

duty characterized by the Secretary concerned as honorable

service;

is entitled to basic educational assistance under this chapter.

(b) The basic pay of any individual described in subsection

(a)(1)(A) of this section who does not make an election under

subsection (c)(1) of this section shall be reduced by $100 for each

of the first 12 months that such individual is entitled to such

pay. Any amount by which the basic pay of an individual is reduced

under this chapter shall revert to the Treasury and shall not, for

purposes of any Federal law, be considered to have been received by

or to be within the control of such individual.

(c)(1) An individual described in subsection (a)(1)(A) of this

section may make an election not to receive educational assistance

under this chapter. Any such election shall be made at the time the

individual initially enters on active duty as a member of the Armed

Forces. Any individual who makes such an election is not entitled

to educational assistance under this chapter.

(2) An individual who after December 31, 1976, receives a

commission as an officer in the Armed Forces upon graduation from

the United States Military Academy, the United States Naval

Academy, the United States Air Force Academy, or the Coast Guard

Academy is not eligible for educational assistance under this

section.

(3) An individual who after December 31, 1976, receives a

commission as an officer in the Armed Forces upon completion of a

program of educational assistance under section 2107 of title 10 is

not eligible for educational assistance under this section if the

individual enters on active duty -

(A) before October 1, 1996; or

(B) after September 30, 1996, and while participating in such

program received more than $3,400 for each year of such

participation.

(d)(1) For purposes of this chapter, any period of service

described in paragraphs (2) and (3) of this subsection shall not be

considered a part of an obligated period of active duty on which an

individual's entitlement to assistance under this section is based.

(2) The period of service referred to in paragraph (1) is any

period terminated because of a defective enlistment and induction

based on -

(A) the individual's being a minor for purposes of service in

the Armed Forces;

(B) an erroneous enlistment or induction; or

(C) a defective enlistment agreement.

(3) The period of service referred to in paragraph (1) is also

any period of service on active duty which an individual in the

Selected Reserve was ordered to perform under section 12301, 12302,

12304, 12306, or 12307 of title 10 for a period of less than 2

years.

(e)(1) Any individual eligible for educational assistance under

this section who does not make an election under subsection (c)(1)

may contribute amounts for purposes of receiving an increased

amount of basic educational assistance as provided for under

section 3015(g) of this title. Such contributions shall be in

addition to any reductions in the basic pay of such individual

under subsection (b).

(2) An individual covered by paragraph (1) may make the

contributions authorized by that paragraph at any time while on

active duty, but not more frequently than monthly.

(3) The total amount of the contributions made by an individual

under paragraph (1) may not exceed $600. Such contributions shall

be made in multiples of $20.

(4) Contributions under this subsection shall be made to the

Secretary of the military department concerned. That Secretary

shall deposit any amounts received as contributions under this

subsection into the Treasury as miscellaneous receipts.

(f)(1) For the purposes of this chapter, a member referred to in

paragraph (2) or (3) of this subsection who serves the periods of

active duty referred to in that paragraph shall be deemed to have

served a continuous period of active duty the length of which is

the aggregate length of the periods of active duty referred to in

that paragraph.

(2) This subsection applies to a member who -

(A) after a period of continuous active duty of not more than

12 months, is discharged or released from active duty under

subclause (I) or (III) of subsection (a)(1)(A)(ii) of this

section; and

(B) after such discharge or release, reenlists or re-enters on

a period of active duty.

(3) This subsection applies to a member who after a period of

continuous active duty as an enlisted member or warrant officer,

and following successful completion of officer training school, is

discharged in order to accept, without a break in service, a

commission as an officer in the Armed Forces for a period of active

duty.

(g) Notwithstanding section 3002(6)(A) of this title, a period

during which an individual is assigned full time by the Armed

Forces to a civilian institution for a course of education as

described in such section 3002(6)(A) shall not be considered a

break in service or a break in a continuous period of active duty

of the individual for the purposes of this chapter.

(h)(1) Notwithstanding section 3002(6)(B) of this title, a member

referred to in paragraph (2) of this subsection who serves the

periods of active duty referred to in subparagraphs (A) and (C) of

that paragraph shall be deemed to have served a continuous period

of active duty whose length is the aggregate length of the periods

of active duty referred to in such subparagraphs.

(2) This subsection applies to a member who -

(A) during the obligated period of active duty on which

entitlement to assistance under this section is based, commences

pursuit of a course of education -

(i) at a service academy; or

(ii) at a post-secondary school for the purpose of

preparation for enrollment at a service academy;

(B) fails to complete the course of education; and

(C) re-enters on a period of active duty.

(i) The Secretary concerned shall inform any member of the Armed

Forces who has not completed that member's obligated period of

active duty (as described in subsection (a)(1)(A)) and who

indicates the intent to be discharged or released from such duty

for the convenience of the Government of the minimum active duty

requirements for entitlement to educational assistance benefits

under this chapter. Such information shall be provided to the

member in a timely manner.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2554, Sec. 1411; amended Pub. L. 99-145, title VI, Sec.

674(1), Nov. 8, 1985, 99 Stat. 665; Pub. L. 99-576, title III,

Secs. 303(a)(1), 307(a)(1), 321(1), title VII, Sec. 702(8), Oct.

28, 1986, 100 Stat. 3268, 3269, 3277, 3302; Pub. L. 100-48, Sec.

3(a), June 1, 1987, 101 Stat. 331; Pub. L. 100-689, title I, Secs.

102(a), 103(b)(1), 104(a), 111(a)(2)(A), (3), Nov. 18, 1988, 102

Stat. 4162, 4165, 4166, 4170, 4171; Pub. L. 101-237, title IV,

Secs. 409, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2092; Pub.

L. 101-510, div. A, title V, Sec. 562(a)(1), (2), (b), Nov. 5,

1990, 104 Stat. 1573, 1574; Pub. L. 102-16, Sec. 10(a)(1), Mar. 22,

1991, 105 Stat. 55; renumbered Sec. 3011, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III,

Secs. 302(a)(1), 303(a)(1), 304(a), 305(a), 306(a), Oct. 29, 1992,

106 Stat. 4326-4328; Pub. L. 103-446, title XII, Sec. 1201(e)(10),

(f)(2), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 104-106, div.

A, title XV, Sec. 1501(e)(2)(A), Feb. 10, 1996, 110 Stat. 501; Pub.

L. 104-201, div. A, title V, Sec. 556(a), Sept. 23, 1996, 110 Stat.

2528; Pub. L. 105-368, title II, Secs. 203(a), 207(a), Nov. 11,

1998, 112 Stat. 3326, 3328; Pub. L. 106-117, title VII, Secs.

702(a), 704, Nov. 30, 1999, 113 Stat. 1583, 1584; Pub. L. 106-419,

title I, Secs. 102(a)(1), 103(a), 105(a)(1), Nov. 1, 2000, 114

Stat. 1824, 1825, 1828; Pub. L. 107-14, Sec. 7(a)(1), (c)(1), June

5, 2001, 115 Stat. 31, 32; Pub. L. 107-103, title I, Secs. 105(a),

106(a), Dec. 27, 2001, 115 Stat. 982, 983; Pub. L. 107-296, title

XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107-330,

title III, Sec. 308(a), Dec. 6, 2002, 116 Stat. 2827.)

-MISC1-

PRIOR PROVISIONS

Prior section 3011 was renumbered section 5111 of this title.

Another prior section 3011, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1227; Pub. L. 86-490, June 8, 1960, 74 Stat. 161, related to

the effective date of an award of increased compensation,

dependency and indemnity compensation, or pension, prior to repeal

by Pub. L. 87-825, Sec. 5(a), Oct. 15, 1962, 76 Stat. 950.

AMENDMENTS

2002 - Subsec. (a)(1)(A)(ii)(I). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

Subsec. (a)(1)(A)(ii)(III). Pub. L. 107-296, which directed the

substitution of "of Homeland Security" for "of Transportation" in

subcl. (II), was executed to subcl. (III) to reflect the probable

intent of Congress.

Subsec. (a)(1)(B)(ii)(III). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

Subsec. (a)(1)(C)(ii). Pub. L. 107-330 struck out "on or" after

"active duty".

Subsec. (a)(1)(C)(iii)(II)(cc). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

2001 - Subsec. (a)(1)(A)(i). Pub. L. 107-14, Sec. 7(a)(1),

substituted "(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" for "serves an obligated period of active

duty of".

Subsec. (a)(1)(C). Pub. L. 107-103, Sec. 105(a), added subpar.

(C).

Subsec. (c)(3)(B). Pub. L. 107-103, Sec. 106(a), substituted

"$3,400" for "$2,000".

Subsec. (e)(2). Pub. L. 107-14, Sec. 7(c)(1)(A), inserted ", but

not more frequently than monthly" before period.

Subsec. (e)(3). Pub. L. 107-14, Sec. 7(c)(1)(B), substituted

"multiples of $20" for "multiples of $4".

Subsec. (e)(4). Pub. L. 107-14, Sec. 7(c)(1)(C), substituted

"Secretary of the military department concerned. That" for

"Secretary. The" and struck out "by the Secretary" after "any

amounts received".

2000 - Subsec. (a)(1)(A)(i). Pub. L. 106-419, Sec. 103(a)(1)(A),

added cl. (i) and struck out former cl. (i) which read as follows:

"who (I) serves, as the individual's initial obligated period of

active duty, at least three years of continuous active duty in the

Armed Forces, or (II) in the case of an individual whose initial

period of active duty is less than three years, serves at least two

years of continuous active duty in the Armed Forces; or".

Subsec. (a)(1)(A)(ii)(II). Pub. L. 106-419, Sec. 103(a)(1)(B),

substituted "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 of

obligated service, or, in the case of an individual with an

obligated period of service of at least three years, the individual

completes not less than 30 months of continuous active duty under

that period of obligated service" for "in the case of an individual

who completed not less than 20 months of continuous active duty, if

the initial obligated period of active duty of the individual was

less than three years, or in the case of an individual who

completed not less than 30 months of continuous active duty if the

initial obligated period of active duty of the individual was at

least three years".

Subsec. (a)(2). Pub. L. 106-419, Sec. 102(a)(1)(A), added par.

(2) and struck out former par. (2) which read as follows: "who,

except as provided in subsection (e) of this section, completed the

requirements of a secondary school diploma (or equivalency

certificate) not later than -

"(A) the original ending date of the individual's initial

obligated period of active duty in the case of an individual

described in clause (1)(A) of this subsection, regardless of

whether the individual is discharged or released from active duty

on such date; or

"(B) December 31, 1989, in the case of an individual described

in clause (1)(B) of this subsection;

except that (i) an individual described in clause (1)(B) of this

subsection may meet the requirement of this clause by having

successfully completed (or otherwise received academic credit for)

the equivalent of 12 semester hours in a program of education

leading to a standard college degree, and (ii) an individual

described in clause (1)(A) of this subsection may meet such

requirement by having successfully completed (or otherwise received

academic credit for) the equivalent of such 12 semester hours

before the end of the individual's initial obligated period of

active duty; and".

Subsec. (d)(1). Pub. L. 106-419, Sec. 103(a)(2), substituted

"obligated period of active duty on which an individual's

entitlement to assistance under this section is based" for

"individual's initial obligated period of active duty".

Subsec. (e). Pub. L. 106-419, Sec. 105(a)(1), added subsec. (e).

Pub. L. 106-419, Sec. 102(a)(1)(B), struck out subsec. (e) which

read as follows: "For the purposes of subsection (a)(2) of this

section, an individual who was on active duty on August 2, 1990,

and who completes the requirements of a secondary school diploma

(or equivalency certificate) before October 28, 1994, shall be

considered to have completed such requirements within the

individual's initial obligated period of active duty."

Subsec. (h)(2)(A). Pub. L. 106-419, Sec. 103(a)(3), substituted

"during the obligated period of active duty on which entitlement to

assistance under this section is based," for "during an initial

period of active duty,".

Subsec. (i). Pub. L. 106-419, Sec. 103(a)(4), struck out

"initial" before "obligated period".

1999 - Subsec. (f)(1). Pub. L. 106-117, Sec. 702(a)(1),

substituted "paragraph (2) or (3)" for "paragraph (2)".

Subsec. (f)(3). Pub. L. 106-117, Sec. 702(a)(2), added par. (3).

Subsec. (i). Pub. L. 106-117, Sec. 704, struck out "Federal"

before "Government".

1998 - Subsec. (a)(2). Pub. L. 105-368, Sec. 203(a), substituted

"successfully completed (or otherwise received academic credit

for)" for "successfully completed" in two places in concluding

provisions.

Subsec. (i). Pub. L. 105-368, Sec. 207(a), added subsec. (i).

1996 - Subsec. (c)(2). Pub. L. 104-201, Sec. 556(a)(1), struck

out "or upon completion of a program of educational assistance

under section 2107 of title 10" after "Coast Guard Academy".

Subsec. (c)(3). Pub. L. 104-201, Sec. 556(a)(2), added par. (3).

Subsec. (d)(3). Pub. L. 104-106 substituted "section 12301,

12302, 12304, 12306, or 12307 of title 10" for "section 672, 673,

673b, 674, or 675 of title 10".

1994 - Subsec. (e). Pub. L. 103-446, Sec. 1201(f)(2), substituted

"October 28, 1994," for "the end of the 24-month period beginning

on the date of the enactment of this subsection".

Subsec. (f)(1). Pub. L. 103-446, Sec. 1201(e)(10), substituted

"the length of which" for "whose length".

1992 - Subsec. (a)(1)(B). Pub. L. 102-568, Sec. 302(a)(1),

substituted "at any time during the period beginning on October 19,

1984, and ending on July 1, 1985, continued on active duty without

a break in service" for "on October 19, 1984, and without a break

in service since October 19, 1984,".

Subsec. (a)(2). Pub. L. 102-568, Sec. 303(a)(1)(A), inserted ",

except as provided in subsection (e) of this section," after "who".

Subsec. (e). Pub. L. 102-568, Sec. 303(a)(1)(B), added subsec.

(e).

Subsec. (f). Pub. L. 102-568, Sec. 304(a), added subsec. (f).

Subsec. (g). Pub. L. 102-568, Sec. 305(a), added subsec. (g).

Subsec. (h). Pub. L. 102-568, Sec. 306(a), added subsec. (h).

1991 - Pub. L. 102-83 renumbered section 1411 of this title as

this section.

Subsec. (a)(3). Pub. L. 102-16 added cls. (A) to (C),

redesignated former cl. (C) as (D), and struck out former cls. (A)

and (B) which read as follows:

"(A) is discharged from service with an honorable discharge, is

placed on the retired list, is transferred to the Fleet Reserve or

Fleet Marine Corps Reserve, or is placed on the temporary

disability retired list;

"(B) continues on active duty; or".

1990 - Subsec. (a)(1)(A)(ii)(I). Pub. L. 101-510, Sec. 562(a)(1),

substituted "for" for "or for" and inserted ", 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 Transportation with respect to the Coast Guard when it

is not operating as a service in the Navy" after "hardship".

Subsec. (a)(1)(B)(ii)(I). Pub. L. 101-510, Sec. 562(a)(2),

substituted "for" for "or for" and inserted ", or for a physical or

mental condition that was not characterized as a disability, as

described in subparagraph (A)(ii)(I) of this paragraph" after

"hardship".

Subsec. (d)(1). Pub. L. 101-510, Sec. 562(b)(1), substituted

"paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (d)(3). Pub. L. 101-510, Sec. 562(b)(2), added par. (3).

1989 - Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237, Sec.

423(b)(1)(A), substituted "Secretary" for "Administrator".

Subsec. (a)(2). Pub. L. 101-237, Sec. 409, in concluding

provisions, inserted cl. (i) designation and added cl. (ii).

1988 - Subsec. (a)(1)(A)(i)(I). Pub. L. 100-689, Sec.

111(a)(2)(A), inserted ", as the individual's initial obligated

period of active duty," after "serves".

Subsec. (a)(1)(A)(ii). Pub. L. 100-689, Sec. 102(a), inserted in

subcl. (I) ", for a medical condition which preexisted such service

on active duty and which the Administrator determines is not

service connected,", substituted a semicolon for ", or" before

subcl. (II), and added subcl. (III).

Subsec. (a)(1)(B)(ii). Pub. L. 100-689, Sec. 102(a), inserted in

subcl. (I) ", for a medical condition which preexisted such service

on active duty and which the Administrator determines is not

service connected,", substituted a semicolon for ", or" before

subcl. (II), and added subcl. (III).

Subsec. (a)(2). Pub. L. 100-689, Sec. 104(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "who,

before completion of the service described in clause (1) of this

subsection, has received a secondary school diploma (or an

equivalency certificate); and".

Subsec. (b). Pub. L. 100-689, Sec. 103(b)(1), substituted

"reduced under this chapter" for "reduced under this subsection".

Subsec. (d). Pub. L. 100-689, Sec. 111(a)(3), added subsec. (d).

1987 - Subsec. (a)(1)(A). Pub. L. 100-48 substituted "after June

30, 1985" for "during the period beginning on July 1, 1985, and

ending on June 30, 1988".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 702(8), inserted a comma

after "of this section".

Subsec. (a)(1)(A)(ii)(II). Pub. L. 99-576, Sec. 321(1)(A),

inserted "continuous" after "months of" in two places.

Subsec. (a)(1)(B). Pub. L. 99-576, Sec. 307(a)(1), inserted "and

was on active duty on October 19, 1984, and without a break in

service since October 19, 1984,".

Subsec. (a)(1)(B)(ii)(II). Pub. L. 99-576, Sec. 321(1)(B),

inserted "continuous" after "months of".

Subsec. (b). Pub. L. 99-576, Sec. 303(a)(1), substituted "Any

amount by which the basic pay of an individual is reduced under

this subsection shall revert to the Treasury and shall not, for

purposes of any Federal law, be considered to have been received by

or to be within the control of such individual" for "Amounts

withheld from basic pay under this subsection shall revert to the

Treasury".

1985 - Subsec. (a)(1)(B). Pub. L. 99-145 struck out "and without

a break in service on active duty since December 31, 1976," after

"chapter 34 of this title".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 2001 AMENDMENTS

Pub. L. 107-103, title I, Sec. 106(b), Dec. 27, 2001, 115 Stat.

983, provided that: "The amendments made by subsection (a)

[amending this section and section 3012 of this title] shall apply

with respect to educational assistance allowances paid under

chapter 30 of title 38, United States Code, for months beginning

after the date of the enactment of this Act [Dec. 27, 2001]."

Pub. L. 107-14, Sec. 7(a)(2), June 5, 2001, 115 Stat. 31,

provided that: "The amendment made by paragraph (1) [amending this

section] shall take effect as if enacted on November 1, 2000,

immediately after the enactment of the Veterans Benefits and Health

Care Improvement Act of 2000 (Public Law 106-419)."

Pub. L. 107-14, Sec. 7(c)(4), June 5, 2001, 115 Stat. 33,

provided that: "The amendments made by this subsection [amending

this section and sections 3012 and 3015 of this title] shall take

effect as if included in the enactment of section 105 of the

Veterans Benefits and Health Care Improvement Act of 2000 (Public

Law 106-419; 114 Stat. 1828)."

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title I, Sec. 105(c), Nov. 1, 2000, 114 Stat.

1829, provided that: "The amendments made by this section [amending

this section and sections 3012 and 3015 of this title] shall take

effect on May 1, 2001."

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-117, title VII, Sec. 702(c), Nov. 30, 1999, 113 Stat.

1583, provided that: "The amendments made by subsection (a)

[amending this section] shall take effect on the date of the

enactment of this Act [Nov. 30, 1999] and apply with respect to an

individual first appointed as a commissioned officer on or after

July 1, 1985."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title II, Sec. 203(b), Nov. 11, 1998, 112 Stat.

3326, provided that: "The amendments made by subsection (a)

[amending this section and sections 3012 and 3018 to 3018C of this

title] shall take effect on October 1, 1998."

Pub. L. 105-368, title II, Sec. 207(d)(1), Nov. 11, 1998, 112

Stat. 3328, provided that: "The amendments made by subsections (a)

and (b) [amending this section and section 3012 of this title]

shall take effect 120 days after the date of the enactment of this

Act [Nov. 11, 1998]."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 302(b) of Pub. L. 102-568 provided that: "The amendments

made by this section [amending this section and sections 3012 and

3031 of this title] shall take effect as of October 28, 1986."

Section 304(b) of Pub. L. 102-568 provided that: "The amendments

made by subsection (a) [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 October 1, 1993."

Section 305(b) of Pub. L. 102-568 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

if enacted on October 19, 1984."

Section 306(b) of Pub. L. 102-568 provided that: "The amendment

made by subsection (a) [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 October 1, 1993."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 562(c) of Pub. L. 101-510 provided that: "The amendments

made by this section [amending this section and sections 1412 and

3103A [now 3012 and 5303A] of this title] shall take effect as of

October 19, 1984."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 102(c) of Pub. L. 100-689 provided that: "The amendments

made by this section [amending this section and sections 1412,

1413, and 3103A [now 3012, 3013, and 5303A] of this title] shall

take effect -

"(1) as of July 1, 1985, with respect to individuals discharged

or released for a medical condition which preexisted service on

active duty or in the Selected Reserve and which the

Administrator determines is not service connected; and

"(2) as of October 1, 1987, with respect to individuals

involuntarily discharged or released for the convenience of the

Government as a result of a reduction in force."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 303(b) of Pub. L. 99-576 provided that: "The amendments

made by subsection (a) [amending this section and section 1412 [now

3012] of this title] shall apply to any reduction in basic pay made

under section 1411(b) [now 3011(b)] or 1412(c) [now 3012(c)] of

title 38, United States Code, after December 31, 1985."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

TRANSITIONAL PROVISION FOR INDIVIDUALS DISCHARGED BETWEEN ENACTMENT

AND EFFECTIVE DATE

Pub. L. 106-419, title I, Sec. 105(d), Nov. 1, 2000, 114 Stat.

1830, provided that:

"(1) During the period beginning on May 1, 2001, and ending on

July 31, 2001, an individual described in paragraph (2) may make

contributions under section 3011(e) or 3012(f) of title 38, United

States Code (as added by subsection (a)), whichever is applicable

to that individual, without regard to paragraph (2) of that section

and otherwise in the same manner as an individual eligible for

educational assistance under chapter 30 of such title who is on

active duty.

"(2) Paragraph (1) applies in the case of an individual who -

"(A) is discharged or released from active duty during the

period beginning on the date of the enactment of this Act [Nov.

1, 2000] and ending on April 30, 2001; and

"(B) is eligible for educational assistance under chapter 30 of

title 38, United States Code."

NOTIFICATION REQUIREMENT

Section 303(b) of Pub. L. 102-568 directed Secretary of each

military department, not later than 60 days after Oct. 29, 1992, to

notify each individual who was on active duty in the Armed Forces

on Aug. 2, 1990, and who had not met the requirements of a

secondary school diploma (or equivalency certificate), of the

extension of the period for the completion of such requirements

afforded by the amendments made by this section to this section and

section 3012 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3012, 3013, 3015, 3016,

3017, 3018, 3018A, 3018B, 3018C, 3020, 3021, 3031, 3034, 3036,

3232, 3462, 5303A of this title; title 10 section 2006; title 42

section 12603.

-End-

-CITE-

38 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3012. Basic educational assistance entitlement for service in

the Selected Reserve

-STATUTE-

(a) Except as provided in subsection (d) of this section, each

individual -

(1) who -

(A) after June 30, 1985, first becomes a member of the Armed

Forces or first enters on active duty as a member of the Armed

Forces and -

(i) serves an obligated period of active duty of at least

two years of continuous active duty in the Armed Forces,

subject to subsection (b) of this section, characterized by

the Secretary concerned as honorable service; and

(ii) subject to subsection (b) of this section and

beginning within one year after completion of the service on

active duty described in subclause (i) of this clause, serves

at least four years of continuous duty in the Selected

Reserve during which the individual participates

satisfactorily in training as required by the Secretary

concerned;

(B) as of December 31, 1989, is eligible for educational

assistance under chapter 34 of this title and was on active

duty at any time during the period beginning on October 19,

1984, and ending on July 1, 1985, continued on active duty

without a break in service and -

(i) after June 30, 1985, serves at least two years of

continuous active duty in the Armed Forces, subject to

subsection (b) of this section, characterized by the

Secretary concerned as honorable service; and

(ii) after June 30, 1985, subject to subsection (b) of this

section and beginning within one year after completion of

such two years of service, serves at least four continuous

years in the Selected Reserve during which the individual

participates satisfactorily in training as prescribed by the

Secretary concerned; or

(C) as of December 31, 1989, was eligible for educational

assistance under chapter 34 of this title and -

(i) was not on active duty on October 19, 1984;

(ii) reenlists or reenters on a period of active duty on or

after October 19, 1984; and

(iii) on or after July 1, 1985 -

(I) serves at least two years of continuous active duty

in the Armed Forces, subject to subsection (b) of this

section, characterized by the Secretary concerned as

honorable service; and

(II) subject to subsection (b) of this section and

beginning within one year after completion of such two

years of service, serves at least four continuous years in

the Selected Reserve during which the individual

participates satisfactorily in training as prescribed by

the Secretary concerned;

(2) who completes the requirements of a secondary school

diploma (or equivalency certificate), or successfully completes

(or otherwise receives academic credit for) the equivalent of 12

semester hours in a program of education leading to a standard

college degree, before applying for benefits under this section;

and

(3) who, after completion of the service described in clause

(1) of this subsection -

(A) is discharged from service with an honorable discharge,

is placed on the retired list, or is transferred to the Standby

Reserve or an element of the Ready Reserve other than the

Selected Reserve after service in the Selected Reserve

characterized by the Secretary concerned as honorable service;

or

(B) continues on active duty or in the Selected Reserve;

is entitled to basic educational assistance under this chapter.

(b)(1)(A) The requirement of two years of service under clauses

(1)(A)(i) and (1)(B)(i) of subsection (a) of this section is not

applicable to an individual who is discharged or released, during

such two years, from active duty in the Armed Forces (i) for a

service-connected disability, (ii) for a medical condition which

preexisted such service on active duty and which the Secretary

determines is not service connected, (iii) for hardship, (iv) in

the case of an individual discharged or released after 20 months of

such service, for the convenience of the Government, (v)

involuntarily for the convenience of the Government as a result of

a reduction in force, as determined by the Secretary of the

military department concerned 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, or (vi) for a physical or

mental condition that was not characterized as a disability, as

described in section 3011(a)(1)(A)(ii)(I) of this title.

(B) The requirement of four years of service under clauses

(1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not

applicable to an individual -

(i) who, during the two years of service described in clauses

(1)(A)(i) and (1)(B)(i) of subsection (a) of this section, was

discharged or released from active duty in the Armed Forces for a

service-connected disability, for a medical condition which

preexisted such service on active duty and which the Secretary

determines is not service connected, or for a physical or mental

condition not characterized as a disability, as described in

section 3011(a)(1)(A)(ii)(I) of this title, if the individual was

obligated, at the beginning of such two years of service, to

serve such four years of service;

(ii) who, during the four years of service described in clauses

(1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, is

discharged or released from service in the Selected Reserve (I)

for a service-connected disability, (II) for a medical condition

which preexisted the individual's becoming a member of the

Selected Reserve and which the Secretary determines is not

service connected, (III) for hardship, (IV) in the case of an

individual discharged or released after 30 months of such

service, for the convenience of the Government, (V) involuntarily

for the convenience of the Government as a result of a reduction

in force, as determined by the Secretary of the military

department concerned 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, or (VI) for a physical or mental condition

not characterized as a disability, as described in section

3011(a)(1)(A)(ii)(I) of this title; or

(iii) who, before completing the four years of service

described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a)

of this section, ceases to be a member of the Selected Reserve

during the period beginning on October 1, 1991, and ending on

September 30, 1999, by reason of the inactivation of the person's

unit of assignment or by reason of involuntarily ceasing to be

designated as a member of the Selected Reserve pursuant to

section 10143(a) of title 10.

(2) After an individual begins service in the Selected Reserve

within one year after completion of the service described in clause

(A)(i) or (B)(i) of subsection (a)(1) of this section, the

continuity of service of such individual as a member of the

Selected Reserve shall not be considered to be broken -

(A) by any period of time (not to exceed a maximum period

prescribed by the Secretary concerned by regulation) during which

the member is not able to locate a unit of the Selected Reserve

of the member's Armed Force that the member is eligible to join

or that has a vacancy; or

(B) by any other period of time (not to exceed a maximum period

prescribed by the Secretary concerned by regulation) during which

the member is not attached to a unit of the Selected Reserve that

the Secretary concerned, pursuant to regulations, considers to be

inappropriate to consider for such purpose.

(c) The basic pay of any individual described in subsection

(a)(1)(A) of this section who does not make an election under

subsection (d)(1) of this section shall be reduced by $100 for each

of the first 12 months that such individual is entitled to such

pay. Any amount by which the basic pay of an individual is reduced

under this chapter shall revert to the Treasury and shall not, for

purposes of any Federal law, be considered to have been received by

or to be within the control of such individual.

(d)(1) An individual described in subsection (a)(1)(A) of this

section may make an election not to receive educational assistance

under this chapter. Any such election shall be made at the time the

individual initially enters on active duty as a member of the Armed

Forces. Any individual who makes such an election is not entitled

to educational assistance under this chapter.

(2) An individual who after December 31, 1976, receives a

commission as an officer in the Armed Forces upon graduation from

the United States Military Academy, the United States Naval

Academy, the United States Air Force Academy, or the Coast Guard

Academy is not eligible for educational assistance under this

section.

(3) An individual who after December 31, 1976, receives a

commission as an officer in the Armed Forces upon completion of a

program of educational assistance under section 2107 of title 10 is

not eligible for educational assistance under this section if the

individual enters on active duty -

(A) before October 1, 1996; or

(B) after September 30, 1996, and while participating in such

program received more than $3,400 for each year of such

participation.

(e)(1) An individual described in subclause (I) or (III) of

subsection (b)(1)(B)(ii) of this section may elect entitlement to

basic educational assistance under section 3011 of this title,

based on an obligated period of active duty of two years, in lieu

of entitlement to assistance under this section.

(2) An individual who makes the election described in paragraph

(1) of this subsection shall, for all purposes of this chapter, be

considered entitled to educational assistance under section 3011 of

this title and not under this section. Such an election is

irrevocable.

(f)(1) Any individual eligible for educational assistance under

this section who does not make an election under subsection (d)(1)

may contribute amounts for purposes of receiving an increased

amount of basic educational assistance as provided for under

section 3015(g) of this title. Such contributions shall be in

addition to any reductions in the basic pay of such individual

under subsection (c).

(2) An individual covered by paragraph (1) may make the

contributions authorized by that paragraph at any time while on

active duty, but not more frequently than monthly.

(3) The total amount of the contributions made by an individual

under paragraph (1) may not exceed $600. Such contributions shall

be made in multiples of $20.

(4) Contributions under this subsection shall be made to the

Secretary of the military department concerned. That Secretary

shall deposit any amounts received as contributions under this

subsection into the Treasury as miscellaneous receipts.

(g)(1) The Secretary concerned shall inform any member of the

Armed Forces who has not completed that member's initial service

(as described in paragraph (2)) and who indicates the intent to be

discharged or released from such service for the convenience of the

Government of the minimum service requirements for entitlement to

educational assistance benefits under this chapter. Such

information shall be provided to the member in a timely manner.

(2) The initial service referred to in paragraph (1) is the

initial obligated period of active duty (described in subparagraph

(A)(i) or (B)(i) of subsection (a)(1)) or the period of service in

the Selected Reserve (described in subparagraphs (A)(ii) or (B)(ii)

of subsection (a)(1)).

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2555, Sec. 1412; amended Pub. L. 99-145, title VI, Sec.

674(2), Nov. 8, 1985, 99 Stat. 665; Pub. L. 99-576, title III,

Secs. 303(a)(2), 307(a)(2), 321(2), Oct. 28, 1986, 100 Stat. 3269,

3277; Pub. L. 100-48, Sec. 3(b), June 1, 1987, 101 Stat. 331; Pub.

L. 100-689, title I, Secs. 102(b)(1), 103(b)(1), 104(b), 105,

111(a)(2)(B), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4171; Pub.

L. 101-237, title IV, Secs. 409, 423(a)(1), (b)(1)(A), Dec. 18,

1989, 103 Stat. 2084, 2090, 2092; Pub. L. 101-510, div. A, title V,

Sec. 562(a)(3), Nov. 5, 1990, 104 Stat. 1574; renumbered Sec. 3012

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 102-484, div. D, title XLIV, Sec. 4419(b), Oct.

23, 1992, 106 Stat. 2718; Pub. L. 102-568, title III, Secs.

302(a)(2), 303(a)(2), Oct. 29, 1992, 106 Stat. 4326, 4327; Pub. L.

103-160, div. A, title V, Sec. 561(m), Nov. 30, 1993, 107 Stat.

1668; Pub. L. 103-446, title XII, Sec. 1201(f)(2), Nov. 2, 1994,

108 Stat. 4687; Pub. L. 104-106, div. A, title XV, Sec.

1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 104-201, div.

A, title V, Sec. 556(b), Sept. 23, 1996, 110 Stat. 2528; Pub. L.

105-368, title II, Secs. 203(a), 207(b), Nov. 11, 1998, 112 Stat.

3326, 3328; Pub. L. 106-117, title VII, Sec. 704, Nov. 30, 1999,

113 Stat. 1584; Pub. L. 106-419, title I, Secs. 102(b), 103(b),

105(a)(2), title IV, Sec. 404(a)(6), Nov. 1, 2000, 114 Stat. 1824,

1826, 1829, 1865; Pub. L. 107-14, Sec. 7(c)(2), June 5, 2001, 115

Stat. 32; Pub. L. 107-103, title I, Secs. 105(b), 106(a), Dec. 27,

2001, 115 Stat. 982, 983; Pub. L. 107-296, title XVII, Sec.

1704(d), Nov. 25, 2002, 116 Stat. 2315.)

-MISC1-

PRIOR PROVISIONS

Prior section 3012 was renumbered section 5112 of this title.

AMENDMENTS

2002 - Subsec. (b)(1)(A)(v), (B)(ii)(V). Pub. L. 107-296

substituted "of Homeland Security" for "of Transportation".

2001 - Subsec. (a)(1)(C). Pub. L. 107-103, Sec. 105(b), added

subpar. (C).

Subsec. (d)(3)(B). Pub. L. 107-103, Sec. 106(a), substituted

"$3,400" for "$2,000".

Subsec. (f)(2). Pub. L. 107-14, Sec. 7(c)(2)(A), inserted ", but

not more frequently than monthly" before period.

Subsec. (f)(3). Pub. L. 107-14, Sec. 7(c)(2)(B), substituted

"multiples of $20" for "multiples of $4".

Subsec. (f)(4). Pub. L. 107-14, Sec. 7(c)(2)(C), substituted

"Secretary of the military department concerned. That" for

"Secretary. The" and struck out "by the Secretary" after "any

amounts received".

2000 - Subsec. (a)(1)(A)(i). Pub. L. 106-419, Sec. 103(b)(1),

substituted "an obligated period of active duty of at least two

years of continuous active duty in the Armed Forces" for ", as the

individual's initial obligated period of active duty, at least two

years of continuous active duty in the Armed Forces".

Subsec. (a)(2). Pub. L. 106-419, Sec. 102(b)(1), added par. (2)

and struck out former par. (2) which read as follows: "who, except

as provided in subsection (f) of this section, before completion of

the service described in clause (1) of this subsection, has

completed the requirements of a secondary school diploma (or an

equivalency certificate), except that (i) an individual described

in clause (1)(B) of this subsection may meet the requirement of

this clause by having successfully completed (or otherwise received

academic credit for) the equivalent of 12 semester hours in a

program of education leading to a standard college degree, and (ii)

an individual described in clause (1)(A) of this subsection may

meet such requirement by having successfully completed (or

otherwise received academic credit for) the equivalent of such 12

semester hours before the end of the individual's initial obligated

period of active duty; and".

Subsec. (e)(1). Pub. L. 106-419, Sec. 103(b)(2), struck out

"initial" before "obligated period".

Subsec. (f). Pub. L. 106-419, Sec. 105(a)(2), added subsec. (f).

Pub. L. 106-419, Sec. 102(b)(2), struck out subsec. (f) which

read as follows: "For the purposes of subsection (a)(2) of this

section, an individual who was on active duty on August 2, 1990,

and who completes the requirements of a secondary school diploma

(or equivalency certificate) before October 28, 1994, shall be

considered to have completed such requirements within the

individual's initial obligated period of active duty."

Subsec. (g)(2). Pub. L. 106-419, Sec. 404(a)(6), substituted

"subparagraph" for "subparagraphs" in two places.

1999 - Subsec. (g)(1). Pub. L. 106-117 struck out "Federal"

before "Government".

1998 - Subsec. (a)(2)(i), (ii). Pub. L. 105-368, Sec. 203(a),

substituted "successfully completed (or otherwise received academic

credit for)" for "successfully completed".

Subsec. (g). Pub. L. 105-368, Sec. 207(b), added subsec. (g).

1996 - Subsec. (b)(1)(B)(iii). Pub. L. 104-106 substituted

"section 10143(a) of title 10" for "section 268(b) of title 10".

Subsec. (d)(2). Pub. L. 104-201, Sec. 556(b)(1), struck out "or

upon completion of a program of educational assistance under

section 2107 of title 10" after "Coast Guard Academy".

Subsec. (d)(3). Pub. L. 104-201, Sec. 556(b)(2), added par. (3).

1994 - Subsec. (f). Pub. L. 103-446 substituted "October 28,

1994," for "the end of the 24-month period beginning on the date of

the enactment of this subsection".

1993 - Subsec. (b)(1)(B)(iii). Pub. L. 103-160 substituted

"September 30, 1999" for "September 30, 1995".

1992 - Subsec. (a)(1)(B). Pub. L. 102-568, Sec. 302(a)(2),

substituted "at any time during the period beginning on October 19,

1984, and ending on July 1, 1985, continued on active duty without

a break in service" for "on October 19, 1984, and without a break

in service since October 19, 1984,".

Subsec. (a)(2). Pub. L. 102-568, Sec. 303(a)(2)(A), inserted

"except as provided in subsection (f) of this section," after

"who,".

Subsec. (b)(1)(B)(iii). Pub. L. 102-484 added cl. (iii).

Subsec. (f). Pub. L. 102-568, Sec. 303(a)(2)(B), added subsec.

(f).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1412 of this

title as this section.

Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(A)(ii)(I)" for "1411(a)(1)(A)(ii)(I)" in subpars. (A)

and (B)(i) and (ii).

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "3011" for

"1411" in pars. (1) and (2).

1990 - Subsec. (b)(1)(A)(vi). Pub. L. 101-510, Sec. 562(a)(3)(A),

added cl. (vi).

Subsec. (b)(1)(B)(i). Pub. L. 101-510, Sec. 562(a)(3)(B),

substituted "disability, for" for "disability or for" and inserted

", or for a physical or mental condition not characterized as a

disability, as described in section 1411(a)(1)(A)(ii)(I) of this

title" before "if the individual".

Subsec. (b)(1)(B)(ii)(VI). Pub. L. 101-510, Sec. 562(a)(3)(C),

added subcl. (VI).

1989 - Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237, Sec.

423(a)(1)(A), substituted "and beginning within one year after

completion" for "and after completion".

Subsec. (a)(2). Pub. L. 101-237, Sec. 409, inserted cl. (i)

designation and added cl. (ii).

Subsec. (b)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Subsec. (b)(2). Pub. L. 101-237, Sec. 423(a)(1)(B), substituted

"After an individual begins service in the Selected Reserve within

one year after completion of the service described in clause (A)(i)

or (B)(i) of subsection (a)(1) of this section, the continuity of

service of such individual as a member of the Selected Reserve" for

"Continuity of service of a member in the Selected Reserve for

purposes of such clauses".

1988 - Subsec. (a)(1)(A)(i). Pub. L. 100-689, Sec. 111(a)(2)(B),

inserted ", as the individual's initial obligated period of active

duty,".

Pub. L. 100-689, Sec. 102(b)(1)(B), inserted ", subject to

subsection (b) of this section,".

Subsec. (a)(1)(B)(i). Pub. L. 100-689, Sec. 102(b)(1)(B),

inserted ", subject to subsection (b) of this section,".

Subsec. (a)(2). Pub. L. 100-689, Sec. 104(b), substituted

"completed the requirements of a secondary school diploma" for

"received a secondary school diploma", and inserted ", except that

an individual described in clause (1)(B) of this subsection may

meet the requirement of this clause by having successfully

completed the equivalent of 12 semester hours in a program of

education leading to a standard college degree".

Subsec. (b)(1). Pub. L. 100-689, Sec. 102(b)(1)(A), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "The

requirement of four years of service under clauses (1)(A)(ii) and

(1)(B)(ii) of subsection (a) of this section is not applicable to

an individual who is discharged or released from service in the

Selected Reserve for a service-connected disability, for hardship,

or (in the case of an individual discharged or released after three

and one-half years of such service) for the convenience of the

Government."

Subsec. (c). Pub. L. 100-689, Sec. 103(b)(1), substituted

"reduced under this chapter" for "reduced under this subsection".

Subsec. (e). Pub. L. 100-689, Sec. 105, added subsec. (e).

1987 - Subsec. (a)(1)(A). Pub. L. 100-48 substituted "after June

30, 1985," for "during the period beginning on July 1, 1985, and

ending on June 30, 1988".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 321(2)(A), substituted

"subsection (d)" for "subsection (c)".

Subsec. (a)(1)(B). Pub. L. 99-576, Sec. 307(a)(2), inserted "and

was on active duty on October 19, 1984, and without a break in

service since October 19, 1984,".

Subsec. (b)(1). Pub. L. 99-576, Sec. 321(2)(B), inserted "such"

after "three and one-half years of".

Subsec. (c). Pub. L. 99-576, Sec. 303(a)(2), substituted "Any

amount by which the basic pay of an individual is reduced under

this subsection shall revert to the Treasury and shall not, for

purposes of any Federal law, be considered to have been received by

or to be within the control of such individual" for "Any amounts

withheld from basic pay under this paragraph shall revert to the

Treasury".

1985 - Subsec. (a)(1)(B). Pub. L. 99-145 struck out "and without

a break in service on active duty since December 31, 1976," after

"chapter 34 of this title".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 2001 AMENDMENTS

Amendment by section 106(a) of Pub. L. 107-103 applicable with

respect to educational assistance allowances paid under this

chapter for months beginning after Dec. 27, 2001, see section

106(b) of Pub. L. 107-103, set out as a note under section 3011 of

this title.

Amendment by Pub. L. 107-14 effective as if included in the

enactment of section 105 of Pub. L. 106-419, see section 7(c)(4) of

Pub. L. 107-14, set out as a note under section 3011 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 105(a)(2) of Pub. L. 106-419 effective May

1, 2001, see section 105(c) of Pub. L. 106-419, set out as a note

under section 3011 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 203(a) of Pub. L. 105-368 effective Oct. 1,

1998, see section 203(b) of Pub. L. 105-368, set out as a note

under section 3011 of this title.

Amendment by section 207(b) of Pub. L. 105-368 effective 120 days

after Nov. 11, 1998, see section 207(d)(1) of Pub. L. 105-368, set

out as a note under section 3011 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 302(a)(2) of Pub. L. 102-568 effective as of

Oct. 28, 1986, see section 302(b) of Pub. L. 102-568, set out as a

note under section 3011 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-510 effective Oct. 19, 1984, see section

562(c) of Pub. L. 101-510, set out as a note under section 3011 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 102(b)(1) of Pub. L. 100-689 effective July

1, 1985, with respect to individuals discharged or released for

medical condition which preexisted service on active duty or in

Selected Reserve and which Administrator determines is not service

connected, and effective Oct. 1, 1987, with respect to individuals

involuntarily discharged or released for convenience of Government

as a result of reduction in force, see section 102(c) of Pub. L.

100-689, set out as a note under section 3011 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 303(a)(2) of Pub. L. 99-576 applicable to

any reduction in basic pay made under subsec. (c) of this section

after Dec. 31, 1985, see section 303(b) of Pub. L. 99-576, set out

as a note under section 3011 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

NOTIFICATION REQUIREMENT

For requirement of notification of individuals on active duty in

Armed Forces on Aug. 2, 1990, of extension of period for completion

of requirements for a secondary school diploma, see section 303(b)

of Pub. L. 102-568, set out as a note under section 3011 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3015, 3016, 3017,

3018, 3018A, 3018B, 3018C, 3021, 3031, 3034, 3036, 5303A of this

title; title 10 sections 2006, 16131.

-End-

-CITE-

38 USC Sec. 3013 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3013. Duration of basic educational assistance

-STATUTE-

(a)(1) Subject to section 3695 of this title and except as

provided in paragraph (2) of this subsection, each individual

entitled to basic educational assistance under section 3011 of this

title is entitled to 36 months of educational assistance benefits

under this chapter (or the equivalent thereof in part-time

educational assistance).

(2) Subject to section 3695 of this title and subsection (d) of

this section, in the case of an individual described in section

3011(a)(1)(A)(ii)(I) or (III) of this title who is not also

described in section 3011(a)(1)(A)(i) of this title or an

individual described in section 3011(a)(1)(B)(ii)(I) or (III) of

this title who is not also described in section 3011(a)(1)(B)(i) of

this title, the individual is entitled to one month of educational

assistance benefits under this chapter for each month of continuous

active duty served by such individual after June 30, 1985, as part

of the obligated period of active duty on which such entitlement is

based in the case of an individual described in section

3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case of an

individual described in section 3011(a)(1)(B)(ii)(I) or (III) of

this title, after June 30, 1985.

(b) Subject to section 3695 of this title and subsection (d) of

this section, each individual entitled to basic educational

assistance under section 3012 of this title is entitled to (1) one

month of educational assistance benefits under this chapter for

each month of continuous active duty served by such individual

after June 30, 1985, as part of the obligated period of active duty

on which such entitlement is based in the case of an individual

described in section 3012(a)(1)(A) of this title, or in the case of

an individual described in section 3012(a)(1)(B) of this title,

after June 30, 1985, and (2) one month of educational assistance

benefits under this chapter for each four months served by such

individual in the Selected Reserve after the applicable date

specified in clause (1) of this subsection (other than any month in

which the individual served on active duty).

(c)(1) Subject to section 3695 of this title and except as

provided in paragraphs (2) and (3) of this subsection, each

individual entitled to basic educational assistance under section

3018 of this title is entitled to 36 months of educational

assistance under this chapter (or the equivalent thereof in

part-time educational assistance).

(2) Subject to section 3695 of this title, an individual

described in clause (B) or (C) of section 3018(b)(3) of this title

whose discharge or release from active duty prevents the reduction

of the basic pay of such individual by $1,200 is entitled to the

number of months of assistance under this chapter that is equal to

the lesser of -

(A) 36 multiplied by a fraction the numerator of which is the

amount by which the basic pay of the individual has been reduced

under section 3018(c) and the denominator of which is $1,200; or

(B) the number of months the individual has served on

continuous active duty after June 30, 1985.

(3) Subject to section 3695 of this title and subsection (d) of

this section, an individual described in clause (B) or (C)(ii) of

section 3018(b)(3) of this title (other than an individual

described in paragraph (2) of this subsection) is entitled to the

number of months of educational assistance under this chapter that

is equal to the number of months the individual has served on

continuous active duty after June 30, 1985.

(d) Subject to section 3695 of this title, each individual

entitled to educational benefits under section 3018A, 3018B, or

3018C of this title is entitled to the lesser of -

(1) 36 months of educational assistance under this chapter (or

the equivalent thereof in part-time educational assistance); or

(2) the number of months of such educational assistance (or

such equivalent thereof) that is equal to the number of months

served by such individual on active duty.

(e) No individual may receive basic educational assistance

benefits under this chapter for a period in excess of 36 months (or

the equivalent thereof in part-time educational assistance).

(f)(1) Notwithstanding any other provision of this chapter or

chapter 36 of this title, any payment of an educational assistance

allowance described in paragraph (2) shall not -

(A) be charged against any entitlement of any individual under

this chapter; or

(B) be counted toward the aggregate period for which section

3695 of this title limits an individual's receipt of assistance.

(2) Subject to paragraph (3), the payment of the educational

assistance allowance referred to in paragraph (1) is the payment of

such an allowance to an individual for pursuit of a course or

courses under this chapter if the Secretary finds that the

individual -

(A) in the case of a person not serving on active duty, had to

discontinue such course pursuit as a result of being ordered to

serve on active duty under section 688, 12301(a), 12301(d),

12301(g), 12302, or 12304 of title 10; or

(B) in the case of a person serving on active duty, had to

discontinue such course pursuit as a result of being ordered to a

new duty location or assignment or to perform an increased amount

of work; and

(C) failed to receive credit or lost training time toward

completion of the individual's approved education, professional,

or vocational objective as a result of having to discontinue, as

described in subparagraph (A) or (B), his or her course pursuit.

(3) The period for which, by reason of this subsection, an

educational assistance allowance is not charged against entitlement

or counted toward the applicable aggregate period under section

3695 of this title shall not exceed the portion of the period of

enrollment in the course or courses for which the individual failed

to receive credit or with respect to which the individual lost

training time, as determined under paragraph (2)(C) of this

subsection.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2557, Sec. 1413; amended Pub. L. 99-576, title III, Sec.

321(3), Oct. 28, 1986, 100 Stat. 3277; Pub. L. 100-689, title I,

Secs. 102(b)(2), 103(b)(2), 111(a)(4), Nov. 18, 1988, 102 Stat.

4163, 4165, 4171; Pub. L. 101-237, title IV, Sec. 423(a)(2), Dec.

18, 1989, 103 Stat. 2091; Pub. L. 101-510, div. A, title V, Sec.

561(b)(1), Nov. 5, 1990, 104 Stat. 1573; renumbered Sec. 3013 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406; Pub. L. 102-127, Sec. 2(a), Oct. 10, 1991, 105 Stat. 619; Pub.

L. 102-484, div. D, title XLIV, Sec. 4404(b)(2), Oct. 23, 1992, 106

Stat. 2706; Pub. L. 104-275, title I, Sec. 106(b)(2), Oct. 9, 1996,

110 Stat. 3329; Pub. L. 106-419, title I, Sec. 103(c), Nov. 1,

2000, 114 Stat. 1826; Pub. L. 107-103, title I, Sec. 103(a), (d),

Dec. 27, 2001, 115 Stat. 979.)

-MISC1-

PRIOR PROVISIONS

Prior section 3013 was renumbered section 5113 of this title.

AMENDMENTS

2001 - Subsec. (f)(2)(A). Pub. L. 107-103, Sec. 103(a),

substituted "to serve on active duty under section 688, 12301(a),

12301(d), 12301(g), 12302, or 12304 of title 10;" for ", in

connection with the Persian Gulf War, to serve on active duty under

section 672(a), (d), or (g), 673, 673b, or 688 of title 10;".

Subsec. (f)(2)(B). Pub. L. 107-103, Sec. 103(d), struck out ", in

connection with such War," after "being ordered".

2000 - Subsecs. (a)(2), (b)(1). Pub. L. 106-419 substituted

"obligated period of active duty on which such entitlement is

based" for "individual's initial obligated period of active duty".

1996 - Subsec. (d). Pub. L. 104-275 substituted ", 3018B, or

3018C" for "or 3018B".

1992 - Subsec. (d). Pub. L. 102-484 inserted "or 3018B" after

"section 3018A" in introductory provisions.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1413 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for

"1795" in two places, "3011" for "1411", "3011(a)(1)(A)(ii)(I)" for

"1411(a)(1)(A)(ii)(I)" in two places, "3011(a)(1)(A)(i)" for

"1411(a)(1)(A)(i)", "3011(a)(1)(B)(ii)(I)" for

"1411(a)(1)(B)(ii)(I)" in two places, and "3011(a)(1)(B)(i)" for

"1411(a)(1)(B)(i)".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for

"1795", "3012" for "1412", "3012(a)(1)(A)" for "1412(a)(1)(A)", and

"3012(a)(1)(B)" for "1412(a)(1)(B)".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for

"1795" wherever appearing, "3018" for "1418", "3018(b)(3)" for

"1418(b)(3)" in two places, and "3018(c)" for "1418(c)".

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for

"1795" and "3018A" for "1418A".

Subsec. (f). Pub. L. 102-127 added subsec. (f).

1990 - Subsecs. (d), (e). Pub. L. 101-510 added subsec. (d) and

redesignated former subsec. (d) as (e).

1989 - Subsec. (a)(2). Pub. L. 101-237, Sec. 423(a)(2)(A),

substituted "subsection (d)" for "subsection (c)".

Pub. L. 101-237, Sec. 423(a)(2)(B), substituted "section

1411(a)(1)(A)(ii)(I) or (III) of this title, or" for "section

1411(a)(1)(B)(ii)(I) or (III) of this title, or".

Subsec. (b). Pub. L. 101-237, Sec. 423(a)(2)(A), substituted

"subsection (d)" for "subsection (c)".

Subsec. (c)(1). Pub. L. 101-237, Sec. 423(a)(2)(C)(i), inserted

reference to par. (3).

Subsec. (c)(3). Pub. L. 101-237, Sec. 423(a)(2)(C)(ii), added

par. (3).

1988 - Subsec. (a)(2). Pub. L. 100-689, Sec. 111(a)(4)(A),

substituted "Subject to section 1795 of this title and subsection

(c) of this section, in the case" for "In the case" and "continuous

active duty served by such individual after June 30, 1985, as part

of the individual's initial obligated period of active duty in the

case of an individual described in section 1411(a)(1)(B)(ii)(I) or

(III) of this title, or in the case of an individual described in

section 1411(a)(1)(B)(ii)(I) or (III) of this title, after June 30,

1985" for "active duty served by such individual after the date of

the beginning of the period for which the individual's basic pay is

reduced under section 1411(b) of this title, in the case of an

individual described in section 1411(a)(1)(A)(ii)(I) of this title,

or after June 30, 1985, in the case of an individual described in

section 1411(a)(1)(B)(ii)(I) of this title".

Pub. L. 100-689, Sec. 102(b)(2), inserted "or (III)" after

"section 1411(a)(1)(A)(ii)(I)" and after "section

1411(a)(1)(B)(ii)(I)", the first place each appears.

Subsec. (b)(1). Pub. L. 100-689, Sec. 111(a)(4)(B), substituted

"continuous active duty served by such individual after June 30,

1985, as part of the individual's initial obligated period of

active duty in the case of an individual described in section

1412(a)(1)(A) of this title, or in the case of an individual

described in section 1412(a)(1)(B) of this title, after June 30,

1985" for "active duty served by such individual after the date of

the beginning of the period for which such individual's basic pay

is reduced under section 1412(c) of this title, in the case of an

individual described in section 1412(a)(1)(A), or after June 30,

1985, in the case of an individual described in section

1412(a)(1)(B) of this title".

Subsecs. (c), (d). Pub. L. 100-689, Sec. 103(b)(2), added subsec.

(c) and redesignated former subsec. (c) as (d).

1986 - Subsec. (a)(2). Pub. L. 99-576, Sec. 321(3)(A), inserted

"after the date of the beginning of the period for which the

individual's basic pay is reduced under section 1411(b) of this

title, in the case of an individual described in section

1411(a)(1)(A)(ii)(I) of this title, or after June 30, 1985, in the

case of an individual described in section 1411(a)(1)(B)(ii)(I) of

this title".

Subsec. (b)(1). Pub. L. 99-576, Sec. 321(3)(B)(i), inserted

"after the date of the beginning of the period for which such

individual's basic pay is reduced under section 1412(c) of this

title, in the case of an individual described in section

1412(a)(1)(A), or after June 30, 1985, in the case of an individual

described in section 1412(a)(1)(B) of this title".

Subsec. (b)(2). Pub. L. 99-576, Sec. 321(3)(B)(ii), inserted

"after the applicable date specified in clause (1) of this

subsection" after "Selected Reserve".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title I, Sec. 103(e), Dec. 27, 2001, 115 Stat.

980, provided that: "The amendments made by this section [amending

this section and sections 3103, 3105, 3231, 3511, and 3512 of this

title] shall take effect as of September 11, 2001."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 102(b)(2) of Pub. L. 100-689 effective July

1, 1985, with respect to individuals discharged or released for

medical condition which preexisted service on active duty or in

Selected Reserve and which Administrator determines is not service

connected, and effective Oct. 1, 1987, with respect to individuals

involuntarily discharged or released for convenience of Government

as a result of reduction in force, see section 102(c) of Pub. L.

100-689, set out as a note under section 3011 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3031 of this title; title

42 section 12603.

-End-

-CITE-

38 USC Sec. 3014 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3014. Payment of basic educational assistance

-STATUTE-

(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, 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.

(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 full-time monthly institutional rate of

educational assistance which such individual 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.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2557, Sec. 1414; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3014,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L.

106-398, Sec. 1 [[div. A], title XVI, Sec. 1602(b)(2)], Oct. 30,

2000, 114 Stat. 1654, 1654A-359; Pub. L. 107-14, Sec. 7(b)(1), June

5, 2001, 115 Stat. 31.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2)(A). Pub. L. 107-14, Sec. 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, Sec. 7(b)(1)(B), added subpar.

(C).

2000 - Pub. L. 106-398 designated existing provisions as subsec.

(a) and added subsec. (b).

1991 - Pub. L. 102-83 renumbered section 1414 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-14, Sec. 7(b)(3), June 5, 2001, 115 Stat. 32,

provided that: "The amendments made by this subsection [amending

this section and sections 3015 and 3032 of this title] shall take

effect as if enacted on November 1, 2000, immediately after the

enactment of the Veterans Benefits and Health Care Improvement Act

of 2000 (Public Law 106-419)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3032 of this title; title

10 section 2007.

-End-

-CITE-

38 USC Sec. 3014A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3014A. Accelerated payment of basic educational assistance for

education leading to employment in high technology occupation in

high technology industry

-STATUTE-

(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.

(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.

(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 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

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 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.

-SOURCE-

(Added Pub. L. 107-103, title I, Sec. 104(a)(1), Dec. 27, 2001, 115

Stat. 980; amended Pub. L. 107-330, title III, Sec. 308(b)(1),

(2)(A), Dec. 6, 2002, 116 Stat. 2827.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-330, Sec. 308(b)(2)(A), amended section

catchline generally. Prior to amendment, catchline read as follows:

"Accelerated payment of basic educational assistance for education

leading to employment in high technology industry".

Subsec. (b)(1). Pub. L. 107-330, Sec. 308(b)(1), substituted

"employment in a high technology occupation in a high technology

industry" for "employment in a high technology industry".

EFFECTIVE DATE

Pub. L. 107-103, title I, Sec. 104(c), Dec. 27, 2001, 115 Stat.

982, provided that: "The amendments made by this section [enacting

this section and amending section 3680 of this title] shall take

effect October 1, 2002, and shall apply with respect to enrollments

in courses or programs of education or training beginning on or

after that date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3680 of this title.

-End-

-CITE-

38 USC Sec. 3015 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3015. Amount of basic educational assistance

-STATUTE-

(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, 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 beginning on or after January 1, 2002, $800;

(B) for months occurring during fiscal year 2003, $900;

(C) for months occurring during fiscal year 2004, $985; and

(D) 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 beginning on or after January 1, 2002, $650;

(B) for months occurring during fiscal year 2003, $732;

(C) for months occurring during fiscal year 2004, $800; and

(D) 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 -

(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 (!1) 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) 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) 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).

-SOURCE-

(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; Pub. L. 106-398, Sec. 1 [[div. A], title XVI,

Sec. 1602(b)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-359; Pub. L.

106-419, title I, Secs. 101(a), 103(d), 105(b), Nov. 1, 2000, 114

Stat. 1824, 1826, 1829; Pub. L. 107-14, Sec. 7(b)(2)(A), (c)(3),

June 5, 2001, 115 Stat. 31, 32; Pub. L. 107-103, title I, Sec.

101(a), Dec. 27, 2001, 115 Stat. 977.)

-REFTEXT-

REFERENCES IN TEXT

Sections 308a and 308f of title 37, referred to in subsec.

(d)(2), were repealed by Pub. L. 106-398, Sec. 1 [[div. A], title

VI, Sec. 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153.

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.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-103, Sec. 101(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

"at the monthly rate of $650 (as increased from time to time under

subsection (h)) for an approved program of education pursued on a

full-time basis; or".

Pub. L. 107-14, Sec. 7(b)(2)(A)(i), inserted "subsection (h)"

after "from time to time under".

Subsec. (b)(1). Pub. L. 107-103, Sec. 101(a)(2), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "at the

monthly rate of $528 (as increased from time to time under

subsection (h)) for an approved program of education pursued on a

full-time basis; or".

Pub. L. 107-14, Sec. 7(b)(2)(A)(i), inserted "subsection (h)"

after "from time to time under".

Subsec. (g). Pub. L. 107-14, Sec. 7(c)(3)(A), in introductory

provisions, inserted "effective as of the first day of the

enrollment period following receipt of such contributions from such

individual by the Secretary concerned," after "by section 3011(e)

or 3012(f) of this title,".

Subsec. (g)(1). Pub. L. 107-14, Sec. 7(c)(3)(B), substituted

"amount equal to $5 for each $20 contributed" for "amount equal to

$1 for each $4 contributed" and inserted "of this title" after

"section 3011(e) or 3012(f)".

Subsec. (h). Pub. L. 107-14, Sec. 7(b)(2)(A)(ii), struck out

subsec. (h) which read as follows: "In the case of an individual

who has been paid a basic educational assistance allowance under

section 3014(b) of this title, the rate of the basic educational

assistance allowance applicable to the individual under this

section shall be the rate otherwise applicable to the individual

under this section reduced by an amount equal to -

"(1) the aggregate amount of such allowances paid the

individual under such section 3014(b); divided by

"(2) 36."

2000 - Subsec. (a). Pub. L. 106-419, Sec. 103(d)(1), inserted "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," before "a basic

educational assistance allowance" in introductory provisions.

Subsec. (a)(1). Pub. L. 106-419, Sec. 105(b)(1), which directed

substitution of "subsection (h)" for "subsection (g)" wherever

appearing, could not be executed because the words "subsection (g)"

did not appear subsequent to the amendment by Pub. L. 106-398, Sec.

1 [[div. A], title XVI, Sec. 1602(b)(3)(A)]. See below.

Pub. L. 106-419, Sec. 101(a)(1), substituted "$650" for "$528".

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec.

1602(b)(3)(A)], struck out "subsection (g)" after "time under".

Subsec. (b). Pub. L. 106-419, Sec. 103(d)(2), substituted "whose

obligated period of active duty on which such entitlement is based

is two years," for "whose initial obligated period of active duty

is two years," in introductory provisions.

Subsec. (b)(1). Pub. L. 106-419, Sec. 105(b)(1), which directed

substitution of "subsection (h)" for "subsection (g)" wherever

appearing, could not be executed because the words "subsection (g)"

did not appear subsequent to the amendment by Pub. L. 106-398, Sec.

1 [[div. A], title XVI, Sec. 1602(b)(3)(A)]. See below.

Pub. L. 106-419, Sec. 101(a)(2), substituted "$528" for "$429".

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec.

1602(b)(3)(A)], struck out "subsection (g)" after "time under".

Subsec. (c)(2)(A), (B). Pub. L. 106-419, Sec. 103(d)(3), added

subpars. (A) and (B) and struck out former subpars. (A) and (B)

which read as follows:

"(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".

Subsec. (g). Pub. L. 106-419, Sec. 105(b)(3), added subsec. (g).

Former subsec. (g) relating to an individual who has been paid a

basic educational assistance allowance under section 3014(b) of

this title redesignated (h).

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec.

1602(b)(3)(C)], added subsec. (g). Former subsec. (g) relating to a

percentage increase in the rates payable under subsections (a)(1)

and (b)(1) redesignated (h).

Subsec. (h). Pub. L. 106-419, Sec. 105(b)(2), redesignated

subsec. (g) relating to an individual who has been paid a basic

educational assistance allowance under section 3014(b) of this

title as (h).

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec.

1602(b)(3)(B)], redesignated subsec. (g) relating to a percentage

increase in the rates payable under subsections (a)(1) and (b)(1)

as (h).

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 2001 AMENDMENT

Amendment by section 7(b)(2)(A) of Pub. L. 107-14 effective as if

enacted on Nov. 1, 2000, immediately after the enactment of Pub. L.

106-419, see section 7(b)(3) of Pub. L. 107-14, set out as a note

under section 3014 of this title.

Amendment by section 7(c)(3) of Pub. L. 107-14 effective as if

included in the enactment of section 105 of Pub. L. 106-419, see

section 7(c)(4) of Pub. L. 107-14, set out as a note under section

3011 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title I, Sec. 101(b), Nov. 1, 2000, 114 Stat.

1824, provided that: "The amendments made by subsection (a)

[amending this section] shall take effect on November 1, 2000, and

shall apply with respect to educational assistance allowances paid

under chapter 30 of title 38, United States Code, for months after

October 2000."

Amendment by section 105(b) of Pub. L. 106-419 effective May 1,

2001, see section 105(c) of Pub. L. 106-419, set out as a note

under section 3011 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) [now (h)]

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."

ADJUSTMENT IN RATES OF EDUCATIONAL ASSISTANCE

Pub. L. 107-103, title I, Sec. 101(b), Dec. 27, 2001, 115 Stat.

978, provided that: "No adjustment in rates of educational

assistance shall be made under section 3015(h) of title 38, United

States Code, for fiscal years 2003 and 2004."

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) [now (h)] 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3011, 3012, 3014, 3014A,

3018A, 3018B, 3018C, 3020, 3032, 3035 of this title; title 10

sections 510, 2006, 16131; title 42 section 12603.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 3016 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3016. Inservice enrollment in a program of education

-STATUTE-

(a) A member of the Armed Forces who -

(1) first becomes a member or first enters on active duty as a

member of the Armed Forces after June 30, 1985, and does not make

an election under section 3011(c)(1) or section 3012(d)(1);

(2) completes at least two years of service on active duty

after such date;

(3) after such service, continues on active duty or in the

Selected Reserve without a break in service (except as described

in section 3012(b)(2) of this title); and

(4) but for section 3011(a)(1)(A)(i)(I) (!1) or

3012(a)(1)(A)(ii) of this title would be eligible for basic

educational assistance,

may receive educational assistance under this chapter for

enrollment in an approved program of education while continuing to

perform the duty described in section 3011(a)(1)(A)(i)(I) (!1) or

3012(a)(1)(A)(ii) of this title.

(b) A member of the Armed Forces who -

(1) as of December 31, 1989, is eligible for educational

assistance benefits under chapter 34 of this title;

(2) after June 30, 1985, has served the two years required by

section 3012(a)(1)(B)(i); and

(3) but for section 3012(a)(1)(B)(ii) of this title would be

eligible for basic educational assistance,

may, after December 31, 1989, receive educational assistance under

this chapter for enrollment in an approved program of education

while continuing to perform the duty described in section

3012(a)(1)(B)(ii) of this title.

(c) A member of the Armed Forces who -

(1) completes at least two years of service on active duty

after June 30, 1985;

(2) after such service continues on active duty without a break

in service; and

(3) but for section 3018(b)(3)(A) of this title would be

entitled to basic educational assistance under this chapter,

may receive such assistance for enrollment in an approved program

of education while continuing to perform the service described in

section 3018(b)(2) of this title.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2558, Sec. 1416; amended Pub. L. 99-576, title III, Sec.

321(4), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-689, title I,

Sec. 103(b)(4), Nov. 18, 1988, 102 Stat. 4165; renumbered Sec. 3016

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

Section 3011(a)(1)(A)(i), referred to in subsec. (a), was amended

generally by Pub. L. 106-419, title I, Sec. 103(a)(1)(A), Nov. 1,

2000, 114 Stat. 1825, and, as so amended, does not contain a subcl.

(I).

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1416 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(c)(1)" for "1411(c)(1)", "3012(d)(1)" for "1412(d)(1)",

"3012(b)(2)" for "1412(b)(2)", and "3011(a)(1)(A)(i)(I) or

3012(a)(1)(A)(ii)" for "1411(a)(1)(A)(i)(I) or 1412(a)(1)(A)(ii)"

in two places.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3012(a)(1)(B)(i)" for "1412(a)(1)(B)(i)" and "3012(a)(1)(B)(ii)"

for "1412(a)(1)(B)(ii)" in two places.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3018(b)(3)(A)" for "1418(b)(3)(A)" and "3018(b)(2)" for

"1418(b)(2)".

1988 - Subsec. (c). Pub. L. 100-689 added subsec. (c).

1986 - Pub. L. 99-576 amended section generally. Prior to

amendment, section read as follows: "A member of the Armed Forces

who has completed at least two years of service on active duty

after June 30, 1985, has continued on active duty or in the

Selected Reserve without a break in service (except as described in

section 1412(b)(2) of this title), and who but for section

1411(a)(1) or 1412(a)(1) of this title would be eligible for basic

educational assistance may receive educational assistance under

this chapter for enrollment in an approved program of education

while continuing to perform the duty described in section

1411(a)(1) or 1412(a)(1) of this title."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 3017 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3017. Death benefit

-STATUTE-

(a)(1) In the event of the service-connected death of any

individual -

(A) who -

(i) is entitled to basic educational assistance under this

chapter; or

(ii) is on active duty in the Armed Forces and but for clause

(1)(A)(i) or clause (2) of section 3011(a) or clause (1)(A)(i)

or (ii) or clause (2) of section 3012(a) of this title would be

eligible for such basic educational assistance; and

(B) who dies while on active duty or within one year after

discharge or release from active duty,

the Secretary shall make a payment, subject to paragraph (2)(B) of

this subsection, in the amount described in subsection (b) of this

section to the person or persons described in paragraph (2)(A) of

this subsection.

(2)(A) The payment referred to in paragraph (1) of this

subsection shall be made to the person or persons first listed

below who is surviving on the date of such individual's death:

(i) The beneficiary or beneficiaries designated by such

individual under the individual's Servicemembers' Group Life

Insurance policy.

(ii) The surviving spouse of the individual.

(iii) The surviving child or children of the individual, in

equal shares.

(iv) The surviving parent or parents of the individual, in

equal shares.

(B) If no such person survives such individual, no payment shall

be made under this section.

(b) The amount of any payment made under this section shall be

equal to -

(1) the total of -

(A) the amount reduced from the individual's basic pay under

section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b),

3018C(b), or 3018C(e) of this title;

(B) the amount reduced from the individual's retired pay

under section 3018C(e) of this title;

(C) the amount collected from the individual by the Secretary

under section 3018B(b), 3018C(b), or 3018C(e) of this title;

and

(D) the amount of any contributions made by the individual

under section 3011(c) or 3012(f) of this title, less

(2) the total of -

(A) the amount of educational assistance that has been paid

to the individual under this chapter before the payment is made

under this section; and

(B) the amount of accrued benefits paid or payable with

respect to such individual in connection with this chapter.

(c) A payment under this section shall be considered to be a

benefit under this title and, for purposes of section 3035(b)(1),

it shall be considered to be an entitlement earned under this

subchapter.

-SOURCE-

(Added Pub. L. 100-689, title I, Sec. 101(a), Nov. 18, 1988, 102

Stat. 4161, Sec. 1417; amended Pub. L. 101-237, title IV, Sec.

423(a)(3), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2091, 2092;

renumbered Sec. 3017 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, Sec. 308,

Oct. 29, 1992, 106 Stat. 4329; Pub. L. 104-275, title IV, Sec.

405(c)(2), Oct. 9, 1996, 110 Stat. 3340; Pub. L. 106-419, title I,

Sec. 102(a)(2), Nov. 1, 2000, 114 Stat. 1824; Pub. L. 107-14, Sec.

7(d)(1), June 5, 2001, 115 Stat. 33.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(1). Pub. L. 107-14 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "the amount reduced

from the individual's pay under section 3011(b), 3012(c), or

3018(c) of this title, less".

2000 - Subsec. (a)(1)(A)(ii). Pub. L. 106-419 substituted "clause

(2) of section 3011(a)" for "clause (2)(A) of section 3011(a)".

1996 - Subsec. (a)(2)(A)(i). Pub. L. 104-275 substituted

"Servicemembers' Group" for "Servicemen's Group".

1992 - Subsec. (a)(1)(B). Pub. L. 102-568 inserted before comma

"or within one year after discharge or release from active duty".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1417 of this

title as this section.

Subsec. (a)(1)(A)(ii). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)" for "1411(a)" and "3012(a)" for "1412(a)".

Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(b), 3012(c), or 3018(c)" for "1411(b), 1412(c), or 1418(c)".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3035(b)(1)" for "1435(b)(1)".

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator".

Subsec. (a)(1)(A)(ii). Pub. L. 101-237, Sec. 423(a)(3),

substituted "but for clause (1)(A)(i) or clause (2)(A) of section

1411(a) or clause (1)(A)(i) or (ii) or clause (2) of section

1412(a) of this title" for "but for section 1411(a)(1)(A)(i) or

division (i) or (ii) of section 1412(a)(1)(A) of this title".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-14, Sec. 7(d)(2), June 5, 2001, 115 Stat. 33,

provided that: "The amendment made by paragraph (1) [amending this

section] shall take effect as of May 1, 2001."

EFFECTIVE DATE

Section 101(c) of Pub. L. 100-689 provided that: "The amendments

made by this section [enacting this section] shall take effect as

of July 1, 1985."

-End-

-CITE-

38 USC Sec. 3018 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3018. Opportunity for certain active-duty personnel to

withdraw election not to enroll

-STATUTE-

(a) Notwithstanding any other provision of this chapter, during

the period beginning December 1, 1988, and ending June 30, 1989

(hereinafter in this section referred to as the "open period"), an

individual who -

(1) first became a member of the Armed Forces or first entered

on active duty as a member of the Armed Forces during the period

beginning July 1, 1985, and ending June 30, 1988;

(2) has continuously served on active duty without a break in

service since the date the individual first became such a member

or first entered on active duty as such a member; and

(3) is serving on active duty during the open period,

shall have the opportunity, in accordance with this section and on

such form as the Secretary of Defense shall prescribe, to withdraw

an election made under section 3011(c)(1) or 3012(d)(1) of this

title not to receive educational assistance under this chapter.

(b) An individual described in clauses (1) through (3) of

subsection (a) of this section who made an election under section

3011(c)(1) or 3012(d)(1) of this title and who -

(1) while serving on active duty during the open period, makes

a withdrawal of such an election;

(2) continues to serve the period of service which, at the

beginning of the open period, such individual was obligated to

serve;

(3)(A) serves the obligated period of service described in

clause (2) of this subsection;

(B) before completing such obligated period of service, is

discharged or released from active duty for (i) a

service-connected disability, (ii) a medical condition which

preexisted such service and which the Secretary determines is not

service connected, (iii) hardship, or (iv) 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 of the

Navy); or

(C) before completing such obligated period of service, is (i)

discharged or released from active duty for the convenience of

the Government after completing not less than 20 months of such

period of service, if such period was less than three years, or

30 months, if such period was at least three years, or (ii)

involuntarily discharged or released from active duty for the

convenience of the Government as a result of a reduction in

force, as determined by the Secretary concerned in accordance

with regulations prescribed by the Secretary of Defense;

(4) before applying for benefits under this section -

(A) completes the requirements of a secondary school diploma

(or equivalency certificate); or

(B) successfully completes (or otherwise receives academic

credit for) the equivalent of 12 semester hours in a program of

education leading to a standard college degree; and

(5) upon completion of such obligated period of service -

(A) is discharged from service with an honorable discharge,

is placed on the retired list, is transferred to the Fleet

Reserve or Fleet Marine Corps Reserve, or is placed on the

temporary disability retired list;

(B) continues on active duty; or

(C) is released from active duty for further service in a

reserve component of the Armed Forces after service on active

duty characterized by the Secretary concerned as honorable

service,

is entitled to basic educational assistance under this chapter.

(c) The basic pay of an individual withdrawing, under subsection

(b)(1) of this section, an election under section 3011(c)(1) or

3012(d)(1) of this title shall be reduced by -

(1) $1,200; or

(2) in the case of an individual described in clause (B) or (C)

of subsection (b)(3) of this section whose discharge or release

from active duty prevents the reduction of the basic pay of such

individual by $1,200, an amount less than $1,200.

(d) A withdrawal under subsection (b)(1) of this section is

irrevocable.

-SOURCE-

(Added Pub. L. 100-689, title I, Sec. 103(a), Nov. 18, 1988, 102

Stat. 4164, Sec. 1418; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L.

102-16, Sec. 10(a)(2), Mar. 22, 1991, 105 Stat. 55; renumbered Sec.

3018 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 102-86, title V, Sec. 506(b)(2), Aug. 14,

1991, 105 Stat. 426; Pub. L. 102-568, title III, Sec. 309(a), Oct.

29, 1992, 106 Stat. 4329; Pub. L. 105-368, title II, Sec. 203(a),

Nov. 11, 1998, 112 Stat. 3326; Pub. L. 106-419, title I, Sec.

102(c), Nov. 1, 2000, 114 Stat. 1825; Pub. L. 107-296, title XVII,

Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(3)(B)(iv). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

2000 - Subsec. (b)(4). Pub. L. 106-419 amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "before

completing such obligated period of service (i) has completed the

requirements of a secondary school diploma (or an equivalency

certificate), or (ii) has successfully completed (or otherwise

received academic credit for) the equivalent of 12 semester hours

in a program of education leading to a standard college degree;

and".

1998 - Subsec. (b)(4)(ii). Pub. L. 105-368 substituted

"successfully completed (or otherwise received academic credit

for)" for "successfully completed".

1992 - Subsec. (b)(3)(B)(iv). Pub. L. 102-568 added cl. (iv).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1418 of this

title as this section.

Subsec. (a). Pub. L. 102-86 made technical amendment to directory

language of Pub. L. 101-237, Sec. 423(b)(4)(A). See 1989 Amendment

note below.

Pub. L. 102-83, Sec. 5(c)(1), substituted "3011(c)(1) or

3012(d)(1)" for "1411(c)(1) or 1412(d)(1)" in concluding

provisions.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(c)(1) or 3012(d)(1)" for "1411(c)(1) or 1412(d)(1)" in

introductory provisions.

Subsec. (b)(4). Pub. L. 102-16 substituted "service (i)" for

"service," and added cl. (ii).

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(c)(1) or 3012(d)(1)" for "1411(c)(1) or 1412(d)(1)" in

introductory provisions.

1989 - Subsec. (a). Pub. L. 101-237, Sec. 423(b)(4)(A), as

amended by Pub. L. 102-86, inserted "of Defense" after "Secretary"

in concluding provisions.

Subsec. (b)(3)(B). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-368 effective Oct. 1, 1998, see section

203(b) of Pub. L. 105-368, set out as a note under section 3011 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 309(b) of Pub. L. 102-568 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

if enacted on December 1, 1988."

EFFECTIVE DATE OF 1991 AMENDMENT

Section 506(b)(2) of Pub. L. 102-86 provided that the amendment

made by that section is effective as of Dec. 18, 1989.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3015, 3016, 3017,

3021 of this title.

-End-

-CITE-

38 USC Sec. 3018A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3018A. Opportunity for certain active-duty personnel to enroll

before being involuntarily separated from service

-STATUTE-

(a) Notwithstanding any other provision of law, an individual who

-

(1) after February 2, 1991, is involuntarily separated (as such

term is defined in section 1141 of title 10) with an honorable

discharge;

(2) before applying for benefits under this section, has

completed the requirements of a secondary school diploma (or

equivalency certificate) or has successfully completed (or

otherwise received academic credit for) the equivalent of 12

semester hours in a program of education leading to a standard

college degree;

(3) in the case of any individual who has made an election

under section 3011(c)(1) or 3012(d)(1) of this title, withdraws

such election before such separation pursuant to procedures which

the Secretary of each military department shall provide in

accordance with regulations prescribed by the Secretary of

Defense for the purpose of carrying out this section or which the

Secretary of Homeland Security shall provide for such purpose

with respect to the Coast Guard when it is not operating as a

service in the Navy;

(4) in the case of any person enrolled in the educational

benefits program provided by chapter 32 of this title makes an

irrevocable election, pursuant to procedures referred to in

paragraph (3) of this subsection, before such separation to

receive benefits under this section in lieu of benefits under

such chapter 32; and

(5) before such separation elects to receive assistance under

this section pursuant to procedures referred to in paragraph (3)

of this subsection,

is entitled to basic educational assistance under this chapter.

(b) The basic pay of an individual described in subsection (a) of

this section shall be reduced by $1,200.

(c) A withdrawal referred to in subsection (a)(3) of this section

is irrevocable.

(d)(1) Except as provided in paragraph (3) of this subsection, an

individual who is enrolled in the educational benefits program

provided by chapter 32 of this title and who makes the election

described in subsection (a)(4) of this subsection (!1) shall be

disenrolled from such chapter 32 program as of the date of such

election.

(2) For each individual who is disenrolled from such program, the

Secretary shall refund -

(A) as provided in section 3223(b) of this title, to the

individual the unused contributions made by the individual to the

Post-Vietnam Era Veterans Education Account established pursuant

to section 3222(a) of this title; and

(B) to the Secretary of Defense the unused contributions (other

than contributions made under section 3222(c) of this title) made

by such Secretary to the Account on behalf of such individual.

(3) Any contribution made by the Secretary of Defense to the

Post-Vietnam Era Veterans Education Account pursuant to subsection

(c) of section 3222 of this title on behalf of any individual

referred to in paragraph (1) of this subsection shall remain in

such Account to make payments of benefits to such individual under

section 3015(f) of this chapter.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 561(a)(1), Nov. 5,

1990, 104 Stat. 1571, Sec. 1418A; amended Pub. L. 102-25, title

VII, Sec. 705(c)(1), Apr. 6, 1991, 105 Stat. 120; renumbered Sec.

3018A and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 103-446, title XII, Sec. 1201(d)(4), (i)(4),

Nov. 2, 1994, 108 Stat. 4684, 4688; Pub. L. 105-368, title II, Sec.

203(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 107-296, title XVII,

Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1998 - Subsec. (a)(2). Pub. L. 105-368 substituted "successfully

completed (or otherwise received academic credit for)" for

"successfully completed".

1994 - Subsec. (a)(1). Pub. L. 103-446, Sec. 1201(i)(4),

substituted "after February 2, 1991," for "after December 31, 1990,

or the end of the 90-day period beginning on the date of the

enactment of this section, whichever is later,".

Subsec. (d)(3). Pub. L. 103-446, Sec. 1201(d)(4), substituted

"section 3015(f)" for "section 3015(e)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1418A of

this title as this section.

Subsec. (a)(1). Pub. L. 102-25 substituted "section 1141 of title

10" for "section 1142 of title 10".

Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(c)(1) or 3012(d)(1)" for "1411(c)(1) or 1412(d)(1)".

Subsec. (d)(2), (3). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3223(b)" for "1623(b)", "3222(a)" for "1622(a)", and "3222(c)" for

"1622(c)" in par. (2) and "3222" for "1622" and "3015(e)" for

"1415(e)" in par. (3).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-368 effective Oct. 1, 1998, see section

203(b) of Pub. L. 105-368, set out as a note under section 3011 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3015, 3017, 3035 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

38 USC Sec. 3018B 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3018B. Opportunity for certain persons to enroll

-STATUTE-

(a) Notwithstanding any other provision of law -

(1) the Secretary of Defense shall, subject to the availability

of appropriations, allow an individual who -

(A) is separated from the active military, naval, or air

service with an honorable discharge and receives voluntary

separation incentives under section 1174a or 1175 of title 10;

(B) before applying for benefits under this section, has

completed the requirements of a secondary school diploma (or

equivalency certificate) or has successfully completed (or

otherwise received academic credit for) the equivalent of 12

semester hours in a program of education leading to a standard

college degree;

(C) in the case of any individual who has made an election

under section 3011(c)(1) or 3012(d)(1) of this title, withdraws

such election before such separation pursuant to procedures

which the Secretary of each military department shall provide

in accordance with regulations prescribed by the Secretary of

Defense for the purpose of carrying out this section or which

the Secretary of Homeland Security shall provide for such

purpose with respect to the Coast Guard when it is not

operating as service in the Navy;

(D) in the case of any person enrolled in the educational

benefits program provided by chapter 32 of this title makes an

irrevocable election, pursuant to procedures referred to in

subparagraph (C) of this paragraph, before such separation to

receive benefits under this section in lieu of benefits under

such chapter 32; and

(E) before such separation elects to receive assistance under

this section pursuant to procedures referred to in subparagraph

(C) of this paragraph; or

(2) the Secretary, in consultation with the Secretary of

Defense, shall, subject to the availability of appropriations,

allow an individual who -

(A) separated before October 23, 1992, from the active

military, naval, or air service with an honorable discharge and

received or is receiving voluntary separation incentives under

section 1174a or 1175 of title 10;

(B) before applying for benefits under this section, has

completed the requirements of a secondary school diploma (or

equivalency certificate) or has successfully completed (or

otherwise received academic credit for) the equivalent of 12

semester hours in a program of education leading to a standard

college degree;

(C) in the case of any individual who has made an election

under section 3011(c)(1) or 3012(d)(1) of this title, withdraws

such election before making an election under this paragraph

pursuant to procedures which the Secretary shall provide, in

consultation with the Secretary of Defense and the Secretary of

Homeland Security with respect to the Coast Guard when it is

not operating as service in the Navy, which shall be similar to

the regulations prescribed under paragraph (1)(C) of this

subsection;

(D) in the case of any person enrolled in the educational

benefits program provided by chapter 32 of this title makes an

irrevocable election, pursuant to procedures referred to in

subparagraph (C) of this paragraph, before making an election

under this paragraph to receive benefits under this section in

lieu of benefits under such chapter 32; and

(E) before October 23, 1993, elects to receive assistance

under this section pursuant to procedures referred to in

subparagraph (C) of this paragraph,

to elect to become entitled to basic education assistance under

this chapter.

(b)(1) The basic pay or voluntary separation incentives of an

individual who makes an election under subsection (a)(1) to become

entitled to basic education assistance under this chapter shall be

reduced by $1,200.

(2) The Secretary shall collect $1,200 from an individual who

makes an election under subsection (a)(2) to become entitled to

basic education assistance under this chapter, which shall be paid

into the Treasury of the United States as miscellaneous receipts.

(c) A withdrawal referred to in subsection (a)(1)(C) or (a)(2)(C)

of this section is irrevocable.

(d)(1) Except as provided in paragraph (3) of this subsection, an

individual who is enrolled in the educational benefits program

provided by chapter 32 of this title and who makes the election

described in subsection (a)(1)(D) or (a)(2)(D) of this section

shall be disenrolled from such chapter 32 program as of the date of

such election.

(2) For each individual who is disenrolled from such program, the

Secretary shall refund -

(A) as provided in section 3223(b) of this title, to the

individual the unused contributions made by the individual to the

Post-Vietnam Era Veterans Education Account established pursuant

to section 3222(a) of this title; and

(B) to the Secretary of Defense the unused contributions (other

than contributions made under section 3222(c) of this title) made

by such Secretary to the Account on behalf of such individual.

(3) Any contribution made by the Secretary of Defense to the

Post-Vietnam Era Veterans Education Account pursuant to subsection

(c) of section 3222 of this title on behalf of any individual

referred to in paragraph (1) of this subsection shall remain in

such account to make payments of benefits to such individual under

section 3015(f) of this title.

-SOURCE-

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4404(a), Oct. 23,

1992, 106 Stat. 2704; amended Pub. L. 103-446, title XII, Sec.

1201(d)(5), (e)(11), (f)(3), Nov. 2, 1994, 108 Stat. 4684, 4685,

4687; Pub. L. 105-368, title II, Sec. 203(a), title X, Sec.

1005(b)(6), Nov. 11, 1998, 112 Stat. 3326, 3365; Pub. L. 107-296,

title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1)(C), (2)(C). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation"

1998 - Subsec. (a)(1)(B), (2)(B). Pub. L. 105-368, Sec. 203(a),

substituted "successfully completed (or otherwise received academic

credit for)" for "successfully completed".

Subsec. (a)(2)(E). Pub. L. 105-368, Sec. 1005(b)(6), which

directed the substitution of "before October 23, 1993," for "before

the one-year period beginning on the date of the enactment of this

section,", was executed by making the substitution for text which

did not include the word "the" before the word "enactment", to

reflect the probable intent of Congress.

1994 - Subsec. (a)(2)(A). Pub. L. 103-446, Sec. 1201(f)(3),

substituted "October 23, 1992," for "the date of enactment of this

section".

Subsec. (d)(1). Pub. L. 103-446, Sec. 1201(e)(11)(A), substituted

"(a)(2)(D) of this section" for "(a)(2)(D) of this subsection".

Subsec. (d)(3). Pub. L. 103-446, Sec. 1201(d)(5), (e)(11)(B),

substituted "such account" for "such Account" and "section 3015(f)

of this title" for "section 3015(e) of this chapter".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 203(a) of Pub. L. 105-368 effective Oct. 1,

1998, see section 203(b) of Pub. L. 105-368, set out as a note

under section 3011 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3015, 3017, 3035 of

this title.

-End-

-CITE-

38 USC Sec. 3018C 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3018C. Opportunity for certain VEAP participants to enroll

-STATUTE-

(a) Notwithstanding any other provision of law, an individual who

-

(1) is a participant on October 9, 1996, in the educational

benefits program provided by chapter 32 of this title;

(2) is serving on active duty (excluding the periods referred

to in section 3202(1)(C) of this title) on such date;

(3) before applying for benefits under this section, has

completed the requirements of a secondary school diploma (or

equivalency certificate) or has successfully completed (or

otherwise received academic credit for) the equivalent of 12

semester hours in a program of education leading to a standard

college degree;

(4) if discharged or released from active duty after the date

on which the individual makes the election described in paragraph

(5), is discharged or released therefrom with an honorable

discharge; and

(5) during the one-year period beginning on October 9, 1996,

makes an irrevocable election to receive benefits under this

section in lieu of benefits under chapter 32 of this title,

pursuant to procedures which the Secretary of each military

department shall provide in accordance with regulations

prescribed by the Secretary of Defense for the purpose of

carrying out this section or which the Secretary of Homeland

Security shall provide for such purpose with respect to the Coast

Guard when it is not operating as a service in the Navy;

may elect to become entitled to basic educational assistance under

this chapter.

(b) With respect to an individual who makes an election under

subsection (a) to become entitled to basic education assistance

under this chapter -

(1) the basic pay of the individual shall be reduced (in a

manner determined by the Secretary of Defense) until the total

amount by which such basic pay is reduced is $1,200; or

(2) to the extent that basic pay is not so reduced before the

individual's discharge or release from active duty as specified

in subsection (a)(4), the Secretary shall collect from the

individual an amount equal to the difference between $1,200 and

the total amount of reductions under paragraph (1), which shall

be paid into the Treasury of the United States as miscellaneous

receipts.

(c)(1) Except as provided in paragraph (3), an individual who is

enrolled in the educational benefits program provided by chapter 32

of this title and who makes the election described in subsection

(a)(5) shall be disenrolled from such chapter 32 program as of the

date of such election.

(2) For each individual who is disenrolled from such program, the

Secretary shall refund -

(A) to the individual, as provided in section 3223(b) of this

title and subject to subsection (b)(2) of this section, the

unused contributions made by the individual to the Post-Vietnam

Era Veterans Education Account established pursuant to section

3222(a) of this title; and

(B) to the Secretary of Defense the unused contributions (other

than contributions made under section 3222(c) of this title) made

by such Secretary to the Account on behalf of such individual.

(3) Any contribution made by the Secretary of Defense to the

Post-Vietnam Era Veterans Education Account pursuant to subsection

(c) of section 3222 of this title on behalf of any individual

referred to in paragraph (1) shall remain in such account to make

payments of benefits to such individual under section 3015(f) of

this title.

(d) The procedures provided in regulations referred to in

subsection (a) shall provide for notice of the requirements of

subparagraphs (B), (C), and (D) of section 3011(a)(3) and of

subparagraph (A) of section 3012(a)(3) of this title. Receipt of

such notice shall be acknowledged in writing.

(e)(1) A qualified individual (described in paragraph (2)) may

make an irrevocable election under this subsection, during the

one-year period beginning on the date of the enactment of this

subsection, to become entitled to basic educational assistance

under this chapter. Such an election shall be made in the same

manner as elections made under subsection (a)(5).

(2) A qualified individual referred to in paragraph (1) is an

individual who meets each of the following requirements:

(A) The individual was a participant in the educational

benefits program under chapter 32 of this title on or before

October 9, 1996.

(B) The individual has continuously served on active duty since

October 9, 1996 (excluding the periods referred to in section

3202(1)(C) of this title), through at least April 1, 2000.

(C) The individual meets the requirements of subsection (a)(3).

(D) The individual, when discharged or released from active

duty, is discharged or released therefrom with an honorable

discharge.

(3)(A) Subject to the succeeding provisions of this paragraph,

with respect to a qualified individual who makes an election under

paragraph (1) to become entitled to basic education assistance

under this chapter -

(i) the basic pay of the qualified individual shall be reduced

(in a manner determined by the Secretary concerned) until the

total amount by which such basic pay is reduced is $2,700; and

(ii) to the extent that basic pay is not so reduced before the

qualified individual's discharge or release from active duty as

specified in subsection (a)(4), at the election of the qualified

individual -

(I) the Secretary concerned shall collect from the qualified

individual; or

(II) the Secretary concerned shall reduce the retired or

retainer pay of the qualified individual by,

an amount equal to the difference between $2,700 and the total

amount of reductions under clause (i), which shall be paid into

the Treasury of the United States as miscellaneous receipts.

(B)(i) The Secretary concerned shall provide for an 18-month

period, beginning on the date the qualified individual makes an

election under paragraph (1), for the qualified individual to pay

that Secretary the amount due under subparagraph (A).

(ii) Nothing in clause (i) shall be construed as modifying the

period of eligibility for and entitlement to basic education

assistance under this chapter applicable under section 3031 of this

title.

(C) The provisions of subsection (c) shall apply to qualified

individuals making elections under this subsection in the same

manner as they applied to individuals making elections under

subsection (a)(5).

(4) With respect to qualified individuals referred to in

paragraph (3)(A)(ii), no amount of educational assistance allowance

under this chapter shall be paid to the qualified individual until

the earlier of the date on which -

(A) the Secretary concerned collects the applicable amount

under subclause (I) of such paragraph; or

(B) the retired or retainer pay of the qualified individual is

first reduced under subclause (II) of such paragraph.

(5) The Secretary, in conjunction with the Secretary of Defense,

shall provide for notice to participants in the educational

benefits program under chapter 32 of this title of the opportunity

under this subsection to elect to become entitled to basic

educational assistance under this chapter.

-SOURCE-

(Added Pub. L. 104-275, title I, Sec. 106(a), Oct. 9, 1996, 110

Stat. 3327; amended Pub. L. 105-114, title IV, Sec. 401(c), Nov.

21, 1997, 111 Stat. 2293; Pub. L. 105-368, title II, Sec. 203(a),

Nov. 11, 1998, 112 Stat. 3326; Pub. L. 106-398, Sec. 1 [[div. A],

title XVI, Sec. 1601], Oct. 30, 2000, 114 Stat. 1654, 1654A-357;

Pub. L. 106-419, title I, Sec. 104(a)-(c)(1), Nov. 1, 2000, 114

Stat. 1827, 1828; Pub. L. 107-14, Sec. 7(e)(1), June 5, 2001, 115

Stat. 33; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25, 2002,

116 Stat. 2315; Pub. L. 107-330, title III, Sec. 308(g)(9), Dec. 6,

2002, 116 Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this subsection, referred to in

subsec. (e)(1), is the date of enactment of Pub. L. 106-419, which

was approved Nov. 1, 2000.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(5). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (e)(2)(B). Pub. L. 107-330 struck out comma after

"April".

2001 - Subsec. (b). Pub. L. 107-14 struck out "or (e)" after

"subsection (a)" in introductory provisions.

2000 - Pub. L. 106-419, Sec. 104(c)(1), provided that as of the

enactment of Pub. L. 106-419, the amendments made by Pub. L.

106-398, Sec. 1 [[div. A], title XVI, Sec. 1601], were deemed for

all purposes not to have taken effect and that Pub. L. 106-398,

Sec. 1 [[div. A], title XVI, Sec. 1601], ceased to be in effect.

See Amendment notes below.

Subsec. (b). Pub. L. 106-419, Sec. 104(b), substituted

"subsection (a) or (e)" for "subsection (a)" in introductory

provisions.

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1601(b)],

which substituted "subsection (a) or (e)" for "subsection (a)" in

introductory provisions, was terminated by Pub. L. 106-419, Sec.

104(c)(1). See Amendment note above.

Subsec. (e). Pub. L. 106-419, Sec. 104(a), added subsec. (e).

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1601(a)],

which added a subsec. (e) substantially identical to the subsec.

(e) added by Pub. L. 106-419, Sec. 104(a), was terminated by Pub.

L. 106-419, Sec. 104(c)(1). See Amendment notes above.

1998 - Subsec. (a)(3). Pub. L. 105-368 substituted "successfully

completed (or otherwise received academic credit for)" for

"successfully completed".

1997 - Subsec. (a)(1). Pub. L. 105-114, Sec. 401(c)(1),

substituted "October 9, 1996," for "the date of the enactment of

the Veterans' Benefits Improvements Act of 1996".

Subsec. (a)(4). Pub. L. 105-114, Sec. 401(c)(2), substituted

"after the date on which the individual makes the election

described" for "during the one-year period specified".

Subsec. (a)(5). Pub. L. 105-114, Sec. 401(c)(3), substituted

"October 9, 1996" for "the date of the enactment of the Veterans'

Benefits Improvements Act of 1996".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-368 effective Oct. 1, 1998, see section

203(b) of Pub. L. 105-368, set out as a note under section 3011 of

this title.

TREATMENT OF CERTAIN CONTRIBUTIONS

Pub. L. 107-14, Sec. 7(e)(2), June 5, 2001, 115 Stat. 33,

provided that: "Any amount collected under section 3018C(b) of

title 38, United States Code (whether by reduction in basic pay

under paragraph (1) of that section, collection under paragraph (2)

of that section, or both), with respect to an individual who

enrolled in basic educational assistance under section 3018C(e) of

that title, during the period beginning on November 1, 2000, and

ending on the date of the enactment of this Act [June 5, 2001],

shall be treated as an amount collected with respect to the

individual under section 3018C(e)(3)(A) of that title (whether as a

reduction in basic pay under clause (i) of that section, a

collection under clause (ii) of that section, or both) for basic

educational assistance under section 3018C of that title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3015, 3017 of this

title.

-End-

-CITE-

38 USC Sec. 3019 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3019. Tutorial assistance

-STATUTE-

(a) An individual entitled to an educational assistance allowance

under this chapter shall also be entitled to benefits provided an

eligible veteran under section 3492 of this title, subject to the

conditions applicable to an eligible veteran under such section.

(b) The amount of such benefits payable under this section may

not exceed $100 per month, for a maximum of twelve months, or until

a maximum of $1,200 is utilized. This amount is in addition to the

amount of educational assistance allowance payable to the

individual under this chapter.

(c)(1) An individual's period of entitlement to educational

assistance under this chapter shall be charged only with respect to

the amount of tutorial assistance paid to the individual under this

section in excess of $600.

(2) An individual's period of entitlement to educational

assistance under this chapter shall be charged at the rate of one

month for each amount of assistance paid to the individual under

this section in excess of $600 that is equal to the amount of the

monthly educational assistance allowance which the individual is

otherwise eligible to receive for full-time pursuit of an

institutional course under this chapter.

-SOURCE-

(Added Pub. L. 100-689, title I, Sec. 107(a)(1), Nov. 18, 1988, 102

Stat. 4167, Sec. 1419; renumbered Sec. 3019 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1419 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3492" for

"1692".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3035, 3680A of this

title.

-End-

-CITE-

38 USC Sec. 3020 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3020. Transfer of entitlement to basic educational assistance:

members of the Armed Forces with critical military skills

-STATUTE-

(a) In General. - Subject to the provisions of this section, each

Secretary concerned may, for the purpose of enhancing recruitment

and retention of members of the Armed Forces with critical military

skills and at such Secretary's sole discretion, permit an

individual described in subsection (b) who is entitled to basic

educational assistance under this subchapter to elect to transfer

to one or more of the dependents specified in subsection (c) a

portion of such individual's entitlement to such assistance,

subject to the limitation under subsection (d).

(b) Eligible Individuals. - An individual referred to in

subsection (a) is any member of the Armed Forces who, at the time

of the approval by the Secretary concerned of the member's request

to transfer entitlement to basic educational assistance under this

section -

(1) has completed six years of service in the Armed Forces;

(2) either -

(A) has a critical military skill designated by the Secretary

concerned for purposes of this section; or

(B) is in a military specialty designated by the Secretary

concerned for purposes of this section as requiring critical

military skills; and

(3) enters into an agreement to serve at least four more years

as a member of the Armed Forces.

(c) Eligible Dependents. - An individual approved to transfer an

entitlement to basic educational assistance under this section may

transfer the individual's entitlement as follows:

(1) To the individual's spouse.

(2) To one or more of the individual's children.

(3) To a combination of the individuals referred to in

paragraphs (1) and (2).

(d) Limitation on Months of Transfer. - The total number of

months of entitlement transferred by an individual under this

section may not exceed 18 months.

(e) Designation of Transferee. - An individual transferring an

entitlement to basic educational assistance under this section

shall -

(1) designate the dependent or dependents to whom such

entitlement is being transferred;

(2) designate the number of months of such entitlement to be

transferred to each such dependent; and

(3) specify the period for which the transfer shall be

effective for each dependent designated under paragraph (1).

(f) Time for Transfer; Revocation and Modification. - (1) Subject

to the time limitation for use of entitlement under section 3031 of

this title, an individual approved to transfer entitlement to basic

educational assistance under this section may transfer such

entitlement at any time after the approval of the individual's

request to transfer such entitlement without regard to whether the

individual is a member of the Armed Forces when the transfer is

executed.

(2)(A) An individual transferring entitlement under this section

may modify or revoke at any time the transfer of any unused portion

of the entitlement so transferred.

(B) The modification or revocation of the transfer of entitlement

under this paragraph shall be made by the submittal of written

notice of the action to both the Secretary concerned and the

Secretary of Veterans Affairs.

(g) Commencement of Use. - A dependent to whom entitlement to

basic educational assistance is transferred under this section may

not commence the use of the transferred entitlement until -

(1) in the case of entitlement transferred to a spouse, the

completion by the individual making the transfer of six years of

service in the Armed Forces; or

(2) in the case of entitlement transferred to a child, both -

(A) the completion by the individual making the transfer of

10 years of service in the Armed Forces; and

(B) either -

(i) the completion by the child of the requirements of a

secondary school diploma (or equivalency certificate); or

(ii) the attainment by the child of 18 years of age.

(h) Additional Administrative Matters. - (1) The use of any

entitlement to basic educational assistance transferred under this

section shall be charged against the entitlement of the individual

making the transfer at the rate of one month for each month of

transferred entitlement that is used.

(2) Except as provided under subsection (e)(2) and subject to

paragraphs (5) and (6), a dependent to whom entitlement is

transferred under this section is entitled to basic educational

assistance under this subchapter in the same manner as the

individual from whom the entitlement was transferred.

(3)(A) Subject to subparagraph (B), the monthly rate of

educational assistance payable to a dependent to whom entitlement

is transferred under this section shall be the monthly amount

payable under sections 3015 and 3022 of this title to the

individual making the transfer.

(B) The monthly rate of assistance payable to a dependent under

subparagraph (A) shall be subject to the provisions of section 3032

of this title, except that the provisions of subsection (a)(1) of

that section shall not apply even if the individual making the

transfer to the dependent under this section is on active duty

during all or any part of enrollment period of the dependent in

which such entitlement is used.

(4) The death of an individual transferring an entitlement under

this section shall not affect the use of the entitlement by the

dependent to whom the entitlement is transferred.

(5) Notwithstanding section 3031 of this title, a child to whom

entitlement is transferred under this section may not use any

entitlement so transferred after attaining the age of 26 years.

(6) The administrative provisions of this chapter (including the

provisions set forth in section 3034(a)(1) of this title) shall

apply to the use of entitlement transferred under this section,

except that the dependent to whom the entitlement is transferred

shall be treated as the eligible veteran for purposes of such

provisions.

(7) The purposes for which a dependent to whom entitlement is

transferred under this section may use such entitlement shall

include the pursuit and completion of the requirements of a

secondary school diploma (or equivalency certificate).

(i) Overpayment. - (1) In the event of an overpayment of basic

educational assistance with respect to a dependent to whom

entitlement is transferred under this section, the dependent and

the individual making the transfer shall be jointly and severally

liable to the United States for the amount of the overpayment for

purposes of section 3685 of this title.

(2) Except as provided in paragraph (3), if an individual

transferring entitlement under this section fails to complete the

service agreed to by the individual under subsection (b)(3) in

accordance with the terms of the agreement of the individual under

that subsection, the amount of any transferred entitlement under

this section that is used by a dependent of the individual as of

the date of such failure shall be treated as an overpayment of

basic educational assistance under paragraph (1).

(3) Paragraph (2) shall not apply in the case of an individual

who fails to complete service agreed to by the individual -

(A) by reason of the death of the individual; or

(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) of

this title.

(j) Approvals of Transfer Subject to Availability of

Appropriations. - The Secretary concerned may approve transfers of

entitlement to basic educational assistance under this section in a

fiscal year only to the extent that appropriations for military

personnel are available in that fiscal year for purposes of making

deposits in the Department of Defense Education Benefits Fund under

section 2006 of title 10 in that fiscal year to cover the present

value of future benefits payable from the Fund for the Department

of Defense portion of payments of basic educational assistance

attributable to increased usage of benefits as a result of such

transfers of entitlement in that fiscal year.

(k) Regulations. - The Secretary of Defense shall prescribe

regulations for purposes of this section. Such regulations shall

specify the manner and effect of an election to modify or revoke a

transfer of entitlement under subsection (f)(2) and shall specify

the manner of the applicability of the administrative provisions

referred to in subsection (h)(5) to a dependent to whom entitlement

is transferred under this section.

(l) Annual Report. - (1) Not later than January 31 each year

(beginning in 2003), the Secretary of Defense shall submit to the

Committees on Armed Services and the Committees on Veterans'

Affairs of the Senate and House of Representatives a report on the

transfers of entitlement to basic educational assistance under this

section that were approved by each Secretary concerned during the

preceding fiscal year.

(2) Each report shall set forth -

(A) the number of transfers of entitlement under this section

that were approved by such Secretary during the preceding fiscal

year; or

(B) if no transfers of entitlement under this section were

approved by such Secretary during that fiscal year, a

justification for such Secretary's decision not to approve any

such transfers of entitlement during that fiscal year.

(m) Secretary Concerned Defined. - Notwithstanding section

101(25) of this title, in this section, the term "Secretary

concerned" means -

(1) the Secretary of the Army with respect to matters

concerning the Army;

(2) the Secretary of the Navy with respect to matters

concerning the Navy or the Marine Corps;

(3) the Secretary of the Air Force with respect to matters

concerning the Air Force; and

(4) the Secretary of Defense with respect to matters concerning

the Coast Guard, or the Secretary of Homeland Security when it is

not operating as a service in the Navy.

-SOURCE-

(Added Pub. L. 107-107, div. A, title VI, Sec. 654(a)(1), Dec. 28,

2001, 115 Stat. 1153; amended Pub. L. 107-296, title XVII, Sec.

1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107-314, div. A,

title VI, Sec. 643(a), Dec. 2, 2002, 116 Stat. 2577.)

-MISC1-

PRIOR PROVISIONS

A prior section 3020 was renumbered section 5120 of this title.

AMENDMENTS

2002 - Subsec. (h)(2). Pub. L. 107-314, Sec. 643(a)(1),

substituted "paragraphs (5) and (6)" for "paragraphs (4) and (5)"

and struck out "and at the same rate" after "in the same manner".

Subsec. (h)(3) to (7). Pub. L. 107-314, Sec. 643(a)(2), (3),

added par. (3) and redesignated former pars. (3) to (6) as (4) to

(7), respectively.

Subsec. (m)(4). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

EFFECTIVE DATE OF 2002 AMENDMENTS

Pub. L. 107-314, div. A, title VI, Sec. 643(c)(1), Dec. 2, 2002,

116 Stat. 2578, provided that: "The amendments made by subsection

(a) [amending this section] shall take effect as if included in the

enactment of section 3020 of title 38, United States Code, by

section 654(a)(1) of the National Defense Authorization Act for

Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1153)."

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

PLAN FOR IMPLEMENTATION

Pub. L. 107-107, div. A, title VI, Sec. 654(c), Dec. 28, 2001,

115 Stat. 1157, provided that: "Not later than June 30, 2002, the

Secretary of Defense shall submit to Congress a report describing

the manner in which the Secretaries of the military departments and

the Secretary of Transportation propose to exercise the authority

granted by section 3020 of title 38, United States Code, as added

by subsection (a). The report shall include the regulations

prescribed under subsection (k) of that section for purposes of the

exercise of the authority."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3035 of this title; title

10 section 2006.

-End-

-CITE-

38 USC SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL

ASSISTANCE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL ASSISTANCE

-HEAD-

SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL ASSISTANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3002, 3035 of this

title; title 10 section 2006.

-End-

-CITE-

38 USC Sec. 3021 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3021. Supplemental educational assistance for additional

service

-STATUTE-

(a) The Secretary concerned, pursuant to regulations to be

prescribed by the Secretary of Defense, may provide for the payment

of supplemental educational assistance under this subchapter to any

individual eligible for basic educational assistance under section

3011 or 3018 of this title who -

(1) serves five or more consecutive years of active duty in the

Armed Forces after the years of active duty counted under section

3011(a)(1) of this title without a break in such service; and

(2) after completion of the service described in clause (1) of

this subsection -

(A) is discharged from service with an honorable discharge,

is placed on the retired list, is transferred to the Fleet

Reserve or Fleet Marine Corps Reserve, or is placed on the

temporary disability retired list;

(B) continues on active duty without a break in service; or

(C) is released from active duty for further service in a

reserve component of the Armed Forces after service on active

duty characterized by the Secretary concerned as honorable

service.

(b) The Secretary concerned, pursuant to regulations to be

prescribed by the Secretary of Defense, may provide for the payment

of supplemental educational assistance under this subchapter to any

individual eligible for basic educational assistance under section

3012 or 3018 of this title who -

(1) serves two or more consecutive years of active duty in the

Armed Forces after the years of active duty counted under section

3012(a)(1) of this title and four or more consecutive years of

duty in the Selected Reserve after the years of duty in the

Selected Reserve counted under such section without a break in

service; and

(2) after completion of the service described in clause (1) of

this subsection -

(A) is discharged from service with an honorable discharge,

is placed on the retired list, is transferred to the Fleet

Reserve or Fleet Marine Corps Reserve, or is placed on the

temporary disability retired list; or

(B) continues on active duty or in the Selected Reserve.

(c) Continuity of service of a member in the Selected Reserve for

purposes of subsection (b)(1) of this section shall not be

considered to be broken -

(1) by any period of time (not to exceed a maximum period

prescribed by the Secretary concerned by regulation) during which

the member is not able to locate a unit of the Selected Reserve

of the member's Armed Force that the member is eligible to join

or that has a vacancy; or

(2) by any other period of time (not to exceed a maximum period

prescribed by the Secretary concerned by regulation) during which

the member is not attached to a unit of the Selected Reserve that

the Secretary concerned, pursuant to regulations, considers to be

inappropriate to consider for such purpose.

(d) A period of active duty or duty in the Selected Reserve that

occurs before the period of duty by which the individual concerned

qualifies for basic educational assistance may not be counted for

purposes of this section.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2558, Sec. 1421; amended Pub. L. 99-576, title III, Sec.

321(5), (6), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-689, title

I, Sec. 103(b)(5), Nov. 18, 1988, 102 Stat. 4166; Pub. L. 101-237,

title IV, Sec. 423(b)(4)(B), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3021 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3021 was renumbered section 5121 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1421 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3011 or

3018" for "1411 or 1418" in introductory provisions and

"3011(a)(1)" for "1411(a)(1)" in par. (1).

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3012 or

3018" for "1412 or 1418" in introductory provisions and

"3012(a)(1)" for "1412(a)(1)" in par. (1).

1989 - Subsecs. (a), (b). Pub. L. 101-237 inserted "of Defense"

after second reference to "Secretary".

1988 - Subsecs. (a), (b). Pub. L. 100-689 inserted reference to

section 1418 of this title.

1986 - Subsec. (a)(1). Pub. L. 99-576, Sec. 321(5), substituted

"after" for "in addition to".

Subsec. (b)(1). Pub. L. 99-576, Sec. 321(5), substituted "after"

for "in addition to" in two places.

Subsec. (c)(1). Pub. L. 99-576, Sec. 321(6), substituted "the

member's" for "his".

EFFECTIVE DATE

Section 702(b) of Pub. L. 98-525 provided that: "Subchapter III

of chapter 30 of title 38, United States Code, as added by

subsection (a), shall take effect on July 1, 1986."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3022 of this title; title

10 sections 708, 2006.

-End-

-CITE-

38 USC Sec. 3022 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3022. Amount of supplemental educational assistance

-STATUTE-

(a) The amount of payment of educational assistance under this

chapter is subject to section 3032 of this title. Except as

otherwise provided under subsection (b) of this section,

supplemental educational assistance under section 3021 of this

title shall be paid -

(1) at a monthly rate of $300 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 a member of the Armed Forces for whom the

Secretary concerned has provided for the payment of supplemental

educational assistance who has a skill or specialty designated by

the Secretary concerned, pursuant to regulations to be prescribed

by the Secretary of Defense, as a skill or specialty in which there

is a critical shortage of personnel, the Secretary concerned,

pursuant to such regulations, may increase the rate of the

supplemental educational assistance allowance applicable to such

individual to such rate in excess of the rate prescribed under

subsection (a) of this section as the Secretary concerned considers

appropriate, but the amount of any such increase may not exceed

$300 per month.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2559, Sec. 1422; amended Pub. L. 100-689, title I, Sec.

111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101-237, title

IV, Sec. 423(b)(1)(A), (4)(C), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3022 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3022 was renumbered section 5122 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1422 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3032" for

"1432" and "3021" for "1421" in introductory provisions.

1989 - Subsec. (a)(2). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator".

Subsec. (b). Pub. L. 101-237 inserted "of Defense" after third

reference to "Secretary".

1988 - Subsec. (a). Pub. L. 100-689 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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3020 of this title.

-End-

-CITE-

38 USC Sec. 3023 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM

SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL ASSISTANCE

-HEAD-

Sec. 3023. Payment of supplemental educational assistance under

this subchapter

-STATUTE-

The Secretary shall increase the monthly basic educational

assistance allowance paid to an individual who is entitled to

supplemental educational assistance under this subchapter by the

monthly amount of the supplemental educational assistance to which

the individual is entitled.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2560, Sec. 1423; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3023,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3023 was renumbered section 5123 of this title.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1423 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

-End-

-CITE-

38 USC SUBCHAPTER IV - TIME LIMITATION FOR USE OF

ELIGIBILITY AND ENTITLEMENT; GENERAL AND

ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

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

-HEAD-

SUBCHAPTER IV - TIME LIMITATION FOR USE OF ELIGIBILITY AND

ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS

-End-

-CITE-

38 USC Sec. 3031 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 3031. Time limitation for use of eligibility and entitlement

-STATUTE-

(a) Except as provided in subsections (b) through (g), and

subject to subsection (h), of this section, the period during which

an individual entitled to educational assistance under this chapter

may use such individual's entitlement expires at the end of the

10-year period beginning on the date of such individual's last

discharge or release from active duty, except that such 10-year

period shall begin -

(1) in the case of an individual who becomes entitled to such

assistance under clause (A) or (B) of section 3012(a)(1) of this

title, on the later of the date of such individual's last

discharge or release from active duty or the date on which the

four-year requirement described in clause (A)(ii) or (B)(ii),

respectively, of such section 3012(a)(1) is met;

(2) in the case of an individual who becomes entitled to such

assistance under section 3011(a)(1)(B), on the later of the date

of such individual's last discharge or release from active duty

or January 1, 1990; and

(3) in the case of an individual who becomes entitled to such

assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this

title, on December 27, 2001.

(b) In the case of any eligible individual who has been

prevented, as determined by the Secretary, from pursuing a program

of education under this chapter within the 10-year period

prescribed by subsection (a) of this section because such

individual had not met the nature of discharge requirement of this

chapter before the nature of such individual's discharge or release

was changed by appropriate authority, such 10-year period shall not

run during the period of time that such individual was so prevented

from pursuing such program of education.

(c) In the case of an individual eligible for educational

assistance under the provisions of this chapter who, after such

individual's last discharge or release from active duty, was

detained by a foreign government or power, the 10-year period

described in subsection (a) of this section shall not run (1) while

such individual is so detained, or (2) during any period

immediately following such individual's release from such detention

during which such individual is hospitalized at a military,

civilian, or Department of Veterans Affairs medical facility.

(d) In the case of an individual eligible for educational

assistance under this chapter -

(1) who was prevented from pursuing such individual's chosen

program of education before the expiration of the 10-year period

for use of entitlement under this chapter otherwise applicable

under this section because of a physical or mental disability

which was not the result of the individual's own willful

misconduct, and

(2) who applies for an extension of such 10-year period within

one year after (A) the last day of such period, or (B) the last

day on which such individual was so prevented from pursuing such

program, whichever is later,

such 10-year period shall not run with respect to such individual

during the period of time that such individual was so prevented

from pursuing such program and such 10-year period will again begin

running on the first day following such individual's recovery from

such disability on which it is reasonably feasible, as determined

under regulations which the Secretary shall prescribe, for such

individual to initiate or resume pursuit of a program of education

with educational assistance under this chapter.

(e)(1) Except as provided in paragraph (2) of this subsection, in

the case of an individual described in section 3011(a)(1)(B),

3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C) of this title who is

entitled to basic educational assistance under this chapter, the

10-year period prescribed in subsection (a) of this section shall

be reduced by an amount of time equal to the amount of time that

such individual was not serving on active duty during the period

beginning on January 1, 1977, and ending on June 30, 1985.

(2) In the case of an individual to which paragraph (1) of this

subsection is applicable and who is described in section

3452(a)(1)(B) of this title, the 10-year period prescribed in

subsection (a) of this section shall not be reduced by any period

in 1977 before the individual began serving on active duty.

(f)(1) If an individual eligible for educational assistance under

this chapter is enrolled under this chapter in an educational

institution regularly operated on the quarter or semester system

and the period of such individual's entitlement under this chapter

would, under section 3013, expire during a quarter or semester,

such period shall be extended to the end of such quarter or

semester.

(2) If an individual eligible for educational assistance under

this chapter is enrolled under this chapter in an educational

institution not regularly operated on the quarter or semester

system and the period of such individual's entitlement under this

chapter would, under section 3013, expire after a major portion of

the course is completed, such period shall be extended to the end

of the course or for 12 weeks, whichever is the lesser period of

extension.

(g) In the case of an individual described in section 3011(f)(3)

of this title, the period during which that individual may use the

individual's entitlement to educational assistance allowance

expires on the last day of the 10-year period beginning on the date

of the enactment of the Veterans Millennium Health Care and

Benefits Act if that date is later than the date that would

otherwise be applicable to that individual under this section.

(h) For purposes of subsection (a) of this section, an

individual's last discharge or release from active duty shall not

include any discharge or release from a period of active duty of

less than 90 days of continuous service unless the individual

involved is discharged or released for a service-connected

disability, for a medical condition which preexisted such service

and which the Secretary determines is not service connected, for

hardship, or as a result of a reduction in force as described in

section 3011(a)(1)(A)(ii)(III) of this title.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2560, Sec. 1431; amended Pub. L. 99-576, title III, Secs.

307(b), 321(7), Oct. 28, 1986, 100 Stat. 3270, 3278; Pub. L.

100-689, title I, Sec. 111(a)(6), Nov. 18, 1988, 102 Stat. 4171;

Pub. L. 101-237, title IV, Secs. 420(a)(1), (b), 423(a)(4), (b)(1),

Dec. 18, 1989, 103 Stat. 2087, 2088, 2091, 2092; renumbered Sec.

3031 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 102-568, title III, Sec. 302(a)(3), Oct. 29,

1992, 106 Stat. 4327; Pub. L. 106-117, title VII, Sec. 702(b), Nov.

30, 1999, 113 Stat. 1583; Pub. L. 107-103, title I, Sec. 105(c),

Dec. 27, 2001, 115 Stat. 983; Pub. L. 107-330, title III, Sec.

308(g)(10), Dec. 6, 2002, 116 Stat. 2829.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Veterans Millennium Health Care

and Benefits Act, referred to in subsec. (g), is the date of

enactment of Pub. L. 106-117, which was approved Nov. 30, 1999.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-330 substituted "December 27,

2001" for "the date of the enactment of this paragraph".

2001 - Subsec. (a)(3). Pub. L. 107-103, Sec. 105(c)(1), added

par. (3).

Subsec. (e)(1). Pub. L. 107-103, Sec. 105(c)(2), substituted

"section 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or

3012(a)(1)(C)" for "section 3011(a)(1)(B) or 3012(a)(1)(B)".

1999 - Subsec. (a). Pub. L. 106-117, Sec. 702(b)(2), in

introductory provisions, substituted "through (g)" for "through

(e)" and "subsection (h)" for "subsection (g)".

Subsecs. (g), (h). Pub. L. 106-117, Sec. 702(b)(1), (3), added

subsec. (g) and redesignated former subsec. (g) as (h).

1992 - Subsec. (e)(1). Pub. L. 102-568 substituted "June 30,

1985" for "October 18, 1984".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1431 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3012(a)(1)" for "1412(a)(1)" in two places in par. (1) and

"3011(a)(1)(B)" for "1411(a)(1)(B)" in par. (2).

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(B) or 3012(a)(1)(B)" for "1411(a)(1)(B) or

1412(a)(1)(B)" in par. (1) and "3452(a)(1)(B)" for "1652(a)(1)(B)"

in par. (2).

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted "3013" for

"1413" in pars. (1) and (2).

Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(A)(ii)(III)" for "1411(a)(1)(A)(ii)(III)".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 420(a)(1)(B), inserted

", and subject to subsection (g)," before "of this section".

Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

Subsec. (c). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted

"Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (d). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator".

Subsec. (e). Pub. L. 101-237, Sec. 420(b), designated existing

provisions as par. (1), and substituted "Except as provided in

paragraph (2) of this subsection, in" for "In", and added par. (2).

Subsec. (f)(1), (2). Pub. L. 101-237, Sec. 423(a)(4), substituted

", under section 1413," for ", under this section,".

Subsec. (g). Pub. L. 101-237, Sec. 420(a)(1)(A), added subsec.

(g).

1988 - Subsec. (a). Pub. L. 100-689 substituted "beginning on the

date of such individual's last discharge or release from active

duty, except that such 10-year period shall begin - " and pars. (1)

and (2) for "beginning on (1) the date of such individual's last

discharge or release from active duty, or (2) the last day on which

such individual becomes entitled to such assistance, whichever is

later".

1986 - Subsec. (a). Pub. L. 99-576, Secs. 307(b)(1), 321(7)(A),

made identical amendments, substituting "(e)" for "(d)".

Subsec. (b). Pub. L. 99-576, Sec. 321(7)(B), struck out

"subchapter II or III of" after "program of education under",

substituted "requirement of this chapter" for "requirement of such

subchapter", struck out the cl. (1) designation before "the nature

of such individual's discharge" and struck out "or (2) with respect

to educational assistance under subchapter II of this chapter, the

Administrator determined, under regulations prescribed by the

Administrator, that such discharge or release was under conditions

described in section 1411(a)(3) or 1412(a)(3) of this title," after

"appropriate authority,".

Subsec. (e). Pub. L. 99-576, Sec. 307(b)(3), added subsec. (e).

Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 99-576, Sec. 307(b)(2), redesignated former

subsec. (e) as (f).

Subsec. (f)(2). Pub. L. 99-576, Sec. 321(7)(C), which directed

that subsec. (e)(2) be amended by inserting "not" after

"educational institution" was executed to subsec. (f)(2) to reflect

the probable intent of Congress and the intervening redesignation

of subsec. (e) as (f) by section 307(b)(3) of Pub. L. 99-576.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-568 effective Oct. 28, 1986, see section

302(b) of Pub. L. 102-568, set out as a note under section 3011 of

this title.

DELIMITING PERIOD

Pub. L. 106-419, title I, Sec. 102(e), Nov. 1, 2000, 114 Stat.

1825, provided that:

"(1) In the case of an individual described in paragraph (2),

with respect to the time limitation under section 3031 of title 38,

United States Code, for use of eligibility and entitlement of basic

educational assistance under chapter 30 of such title, the 10-year

period applicable under such section shall begin on the later of -

"(A) the date of the enactment of this Act [Nov. 1, 2000]; or

"(B) the date of the individual's last discharge or release

from active duty.

"(2) An individual referred to in paragraph (1) is an individual

who -

"(A) before the date of the enactment of this Act, was not

eligible for such basic educational assistance by reason of the

requirement of a secondary school diploma (or equivalency

certificate) as a condition of eligibility for such assistance as

in effect on the date preceding the date of the enactment of this

Act; and

"(B) becomes entitled to basic educational assistance under

section 3011(a)(2), 3012(a)(2), or 3018(b)(4) of title 38, United

States Code, by reason of the amendments made by this section

[amending sections 3011, 3012, 3017, and 3018 of this title and

section 16132 of Title 10, Armed Forces]."

Pub. L. 106-419, title I, Sec. 103(e), Nov. 1, 2000, 114 Stat.

1826, provided that:

"(1) In the case of an individual described in paragraph (2),

with respect to the time limitation under section 3031 of title 38,

United States Code, for use of eligibility and entitlement of basic

educational assistance under chapter 30 of such title, the 10-year

period applicable under such section shall begin on the later of -

"(A) the date of the enactment of this Act [Nov. 1, 2000]; or

"(B) the date of the individual's last discharge or release

from active duty.

"(2) An individual referred to in paragraph (1) is an individual

who -

"(A) before the date of the enactment of this Act, was not

eligible for basic educational assistance under chapter 30 of

such title by reason of the requirement of an initial obligated

period of active duty as condition of eligibility for such

assistance as in effect on the date preceding the date of the

enactment of this Act; and

"(B) on or after such date becomes eligible for such assistance

by reason of the amendments made by this section [amending

sections 3011 to 3013 and 3015 of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3018C, 3020 of this

title; title 10 section 16133.

-End-

-CITE-

38 USC Sec. 3032 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 3032. Limitations on educational assistance for certain

individuals

-STATUTE-

(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.

(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.

(f)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or

certification test described in section 3452(b) of this title is

the lesser of $2,000 or the fee charged for the test.

(2) The number of months of entitlement charged in the case of

any individual for such licensing or certification test is equal to

the number (including any fraction) determined by dividing the

total amount of educational assistance paid such individual for

such test by the full-time monthly institutional rate of

educational assistance which, except for paragraph (1), 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.

(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the

individual's available entitlement under this chapter.

-SOURCE-

(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; Pub. L. 106-419, title I, Sec. 122(b)(1),

Nov. 1, 2000, 114 Stat. 1833; Pub. L. 107-14, Sec. 7(b)(2)(B), June

5, 2001, 115 Stat. 32.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-14 substituted "the least of the

following:" for "the lesser of" and added cl. (3).

2000 - Subsec. (f). Pub. L. 106-419 added subsec. (f).

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 2001 AMENDMENT

Amendment by Pub. L. 107-14 effective as if enacted on Nov. 1,

2000, immediately after the enactment of Pub. L. 106-419, see

section 7(b)(3) of Pub. L. 107-14, set out as a note under section

3014 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title I, Sec. 122(d), Nov. 1, 2000, 114 Stat.

1837, provided that: "The amendments made by this section [enacting

section 3689 of this title and amending this section and sections

3232, 3452, 3482, 3501, and 3532 of this title] shall take effect

on March 1, 2001, and shall apply with respect to licensing and

certification tests approved by the Secretary of Veterans Affairs

on or after such date."

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3015, 3020, 3022, 3034 of

this title.

-End-

-CITE-

38 USC Sec. 3033 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 3033. Bar to duplication of educational assistance benefits

-STATUTE-

(a)(1) An individual entitled to educational assistance under a

program established by this chapter who is also eligible for

educational assistance under a program under chapter 31, 32, or 35

of this title, under chapter 106 or 107 of title 10, or under the

Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 5561 note)

may not receive assistance under two or more of such programs

concurrently but shall elect (in such form and manner as the

Secretary may prescribe) under which program to receive educational

assistance.

(2) An individual entitled to educational assistance under

chapter 34 of this title may not receive assistance under this

chapter before January 1, 1990.

(b) A period of service counted for purposes of repayment under

chapter 109 of title 10 of an education loan may not also be

counted for purposes of entitlement to educational assistance under

this chapter.

(c) An individual who serves in the Selected Reserve may not

receive credit for such service under both the program established

by this chapter and the program established by chapter 106 of title

10 but shall elect (in such form and manner as the Secretary may

prescribe) the program to which such service is to be credited.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2561, Sec. 1433; amended Pub. L. 99-576, title III, Sec. 306,

Oct. 28, 1986, 100 Stat. 3269; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16, Sec.

10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered Sec. 3033, Pub.

L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1433 of this title as

this section.

Subsec. (b). Pub. L. 102-16 substituted "chapter 109 of title 10"

for "section 902 of the Department of Defense Authorization Act,

1981 (10 U.S.C. 2141 note),".

1989 - Subsecs. (a)(1), (c). Pub. L. 101-237 substituted

"Secretary" for "Administrator".

1986 - Subsec. (a)(1). Pub. L. 99-576, Sec. 306(a), substituted

"chapter 31, 32, or 35 of this title, under chapter 106 or 107 of

title 10, or under the Hostage Relief Act of 1980 (Public Law

96-449; 5 U.S.C. 5561 note) may not receive assistance under two or

more of such programs" for "chapter 31, 34, or 35 of this title or

under chapter 106 or 107 of title 10 may not receive assistance

under both programs".

Subsec. (c). Pub. L. 99-576, Sec. 306(b), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "An

individual who is entitled to educational assistance under chapter

106 of title 10 may not also receive educational assistance under

this chapter based on entitlement under section 1412 of this

title."

-End-

-CITE-

38 USC Sec. 3034 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 3034. Program administration

-STATUTE-

(a)(1) Except as otherwise provided in this chapter, the

provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and

3485 of this title and the provisions of subchapters I and II of

chapter 36 of this title (with the exception of sections 3680(c),

3680(f), 3686(a), and 3687) shall be applicable to the provision of

educational assistance under this chapter.

(2) The term "eligible veteran", as used in the provisions of the

sections enumerated in paragraph (1) of this subsection, shall be

deemed to include an individual who is eligible for educational

assistance under this chapter.

(3) The Secretary may, without regard to the application to this

chapter of so much of the provisions of section 3471 of this title

as prohibit the enrollment of an eligible veteran in a program of

education in which the veteran is "already qualified", and pursuant

to such regulations as the Secretary shall prescribe, approve the

enrollment of such individual in refresher courses (including

courses which will permit such individual to update knowledge and

skills or be instructed in the technological advances which have

occurred in the individual's field of employment during and since

the period of such veteran's active military service), deficiency

courses, or other preparatory or special education or training

courses necessary to enable the individual to pursue an approved

program of education.

(b) Regulations prescribed by the Secretary of Defense under this

chapter shall be uniform for the Armed Forces under the

jurisdiction of the Secretary of a military department.

(c) Payment of educational assistance allowance in the case of an

eligible individual pursuing a program of education under this

chapter on less than a half-time basis shall be made in a lump-sum

amount for the entire quarter, semester, or term not later than the

last day of the month immediately following the month in which

certification is received from the educational institution that

such individual has enrolled in and is pursuing a program at such

institution. Such lump-sum payment shall be computed at the rate

determined under section 3032(b) of this title.

(d) The Secretary may approve the pursuit of flight training (in

addition to a course of flight training that may be approved under

section 3680A(b) of this title) by an individual entitled to basic

educational assistance under this chapter if -

(1) such training is generally accepted as necessary for the

attainment of a recognized vocational objective in the field of

aviation;

(2) the individual possesses a valid private pilot certificate

and meets, on the day the individual begins a course of flight

training, the medical requirements necessary for a commercial

pilot certificate; and

(3) the flight school courses meet Federal Aviation

Administration standards for such courses and are approved by the

Federal Aviation Administration and the State approving agency.

(e)(1) In the case of a member of the Armed Forces who

participates in basic educational assistance under this chapter,

the Secretary shall furnish the information described in paragraph

(2) to each such member. The Secretary shall furnish such

information as soon as practicable after the basic pay of the

member has been reduced by $1,200 in accordance with section

3011(b) or 3012(c) of this title and at such additional times as

the Secretary determines appropriate.

(2) The information referred to in paragraph (1) is information

with respect to the benefits, limitations, procedures, eligibility

requirements (including time-in-service requirements), and other

important aspects of the basic educational assistance program under

this chapter, including application forms for such basic

educational assistance under section 5102 of this title.

(3) The Secretary shall furnish the forms described in paragraph

(2) and other educational materials to educational institutions,

training establishments, and military education personnel, as the

Secretary determines appropriate.

(4) The Secretary shall use amounts appropriated for readjustment

benefits to carry out this subsection and section 5102 of this

title with respect to application forms under that section for

basic educational assistance under this chapter.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2562, Sec. 1434; amended Pub. L. 99-576, title III, Secs.

301(c), 302, 305, 308(a), Oct. 28, 1986, 100 Stat. 3268-3270; Pub.

L. 100-689, title I, Secs. 106(a), 111(a)(7)(B), Nov. 18, 1988, 102

Stat. 4166, 4172; Pub. L. 101-237, title IV, Secs. 415(b),

422(a)(1), 423(a)(5)(A), (6), (b)(1)(A), Dec. 18, 1989, 103 Stat.

2086, 2088, 2091, 2092; Pub. L. 102-16, Sec. 2(b)(2), Mar. 22,

1991, 105 Stat. 49; renumbered Sec. 3034 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

102-568, title III, Sec. 313(a)(4), Oct. 29, 1992, 106 Stat. 4332;

Pub. L. 103-446, title VI, Sec. 601(a), Nov. 2, 1994, 108 Stat.

4670; Pub. L. 105-368, title II, Secs. 204(a), 206(a), Nov. 11,

1998, 112 Stat. 3327.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d)(2). Pub. L. 105-368, Sec. 204(a), substituted

"pilot certificate" for "pilot's license" in two places and

inserted ", on the day the individual begins a course of flight

training," after "meets".

Subsec. (e). Pub. L. 105-368, Sec. 206(a), added subsec. (e).

1994 - Subsec. (d). Pub. L. 103-446 struck out "(1)" before "The

Secretary may approve", redesignated subpars. (A) to (C) as pars.

(1) to (3), respectively, and struck out former par. (2) which read

as follows: "This subsection shall not apply to a course of flight

training that commences on or after October 1, 1994."

1992 - Subsec. (a)(1). Pub. L. 102-568, Sec. 313(a)(4)(A), struck

out "3473," after "3471,".

Subsec. (d)(1). Pub. L. 102-568, Sec. 313(a)(4)(B), substituted

"3680A(b)" for "3473(b)" in introductory provisions.

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1434 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3470,

3471, 3473, 3474, 3476, 3482(g), 3483, and 3485" for "1670, 1671,

1673, 1674, 1676, 1682(g), 1683, and 1685" and "3680(c), 3680(f),

3686(a), and 3687" for "1780(c), 1780(f), 1786(a), and 1787".

Pub. L. 102-16 struck out "1663," before "1670,".

Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3471"

for "1671".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3032(b)"

for "1432(b)".

Subsec. (d)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3473(b)" for "1673(b)" in introductory provisions.

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 423(a)(6)(A),

inserted "1780(f)," after "1780(c),".

Pub. L. 101-237, Sec. 415(b)(1), struck out "1780(g)," after

"1780(c),".

Subsec. (a)(3). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 423(a)(5)(A), substituted "employment

during and since the period of such veteran's active military

service)" for "employment)".

Subsec. (b). Pub. L. 101-237, Sec. 415(b)(2), (3), redesignated

subsec. (c) as (b) and struck out former subsec. (b) which read as

follows: "The Administrator may, pursuant to regulations which the

Administrator shall prescribe, determine and define enrollment in,

pursuit of, and attendance at, any program of education by an

individual enrolled in or pursuing a program of education under

this chapter for any period for which the individual receives

educational assistance under this chapter. Subject to such reports

and proof as the Administrator may require to show an individual's

enrollment in and satisfactory pursuit of such individual's

program, the Administrator may withhold payment of benefits to such

individual until the required proof is received and the amount of

the payment is appropriately adjusted."

Subsec. (c). Pub. L. 101-237, Sec. 423(a)(6)(B), added subsec.

(c).

Pub. L. 101-237, Sec. 415(b)(3), redesignated subsec. (c) as (b).

Subsec. (d). Pub. L. 101-237, Sec. 422(a)(1), added subsec. (d).

1988 - Subsec. (a)(1). Pub. L. 100-689, Secs. 106(a)(1),

111(a)(7)(B)(i), designated existing first sentence as par. (1) and

inserted "1786(a)," after "1780(g),".

Subsec. (a)(2). Pub. L. 100-689, Sec. 106(a)(2), (3), designated

existing second sentence, defining "eligible veteran", as par. (2)

and substituted "the provisions of the sections enumerated in

paragraph (1) of this subsection" for "those provisions".

Subsec. (a)(3). Pub. L. 100-689, Sec. 106(a)(4), added par. (3).

Subsecs. (c), (d). Pub. L. 100-689, Sec. 111(a)(7)(B)(ii), (iii),

redesignated subsec. (d) as (c) and struck out former subsec. (c)

which read as follows: "When an eligible individual is pursuing a

program of education under this chapter by correspondence, the

individual's entitlement under this chapter shall be charged at the

rate of one month's entitlement for each month of benefits paid to

the individual."

1986 - Subsec. (a). Pub. L. 99-576, Secs. 301(c), 308(a),

substituted "1683, and 1685" for "and 1683" and "(with the

exception of sections 1780(c), 1780(g), and 1787)" for "(with the

exception of sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and

1792 of such chapter)".

Subsec. (b). Pub. L. 99-576, Sec. 305, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "An

educational assistance allowance for any period may not be paid to

an individual enrolled in or pursuing a program of education under

this chapter until the Administrator has received -

"(1) from such individual a certification as to such

individual's actual attendance during such period; and

"(2) from the educational institution a certification, or an

endorsement of the individual's certificate, that such individual

was enrolled in and pursuing a program of education during such

period."

Subsecs. (c), (d). Pub. L. 99-576, Sec. 302, added subsec. (c)

and redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 204(a) of Pub. L. 105-368 applicable with

respect to courses of flight training beginning on or after Oct. 1,

1998, see section 204(c) of Pub. L. 105-368, set out as a note

under section 16136 of Title 10, Armed Forces.

Pub. L. 105-368, title II, Sec. 206(b), Nov. 11, 1998, 112 Stat.

3328, provided that: "The amendment made by this section [amending

this section] shall take effect 180 days after the date of the

enactment of this Act [Nov. 11, 1998]."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 601(d) of Pub. L. 103-446 provided that: "The amendments

made by this section [amending this section, section 3241 of this

title, and section 16136 of Title 10, Armed Forces] shall take

effect as of October 1, 1994."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 422(a)(1) of 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

Section 106(d) of Pub. L. 100-689 provided that: "The amendments

made by this section [amending this section and sections 1641 and

1733 [now 3241 and 3533] of this title] shall take effect on August

15, 1989."

SAVINGS PROVISION

Amendment by Pub. L. 102-586 not applicable to any person

receiving educational assistance for pursuit of an independent

study program in which the person was enrolled on Oct. 29, 1992,

for as long as such person is continuously thereafter so enrolled

and meets requirements of eligibility for such assistance, see

section 313(b) of Pub. L. 102-568, set out as a note under section

16136 of Title 10, Armed Forces.

RATIFICATION

Pub. L. 101-366, title II, Sec. 206(b), Aug. 15, 1990, 104 Stat.

442, provided that: "Any use by the Department of Veterans Affairs,

during the period beginning on July 2, 1990, and ending on the date

of the enactment of this Act [Aug. 15, 1990], of any category of

information provided by the Department of Defense or the Department

of Transportation for making determinations described in section

413(b) of the Veterans' Benefits Amendments of 1989 (Public Law

101-237) [set out below] is hereby ratified."

CONTINUED USE OF CATEGORIES OF INFORMATION USED PRIOR TO DECEMBER

18, 1989

Section 413(b) of Pub. L. 101-237 provided that: "Through July 1,

1990, no provision of law shall preclude the Department of Veterans

Affairs, in making determinations of the active-duty or Selected

Reserve status, or the character of service, of individuals

receiving benefits under chapter 30 or 32 of title 38, United

States Code, or chapter 106 of title 10, United States Code, from

continuing to use any category of information provided by the

Department of Defense or Department of Transportation that the

Department of Veterans Affairs was using prior to the date of the

enactment of this Act [Dec. 18, 1989], if the Secretary of Veterans

Affairs determines that the information has proven to be

sufficiently reliable in making such determinations."

EVALUATION OF PROVIDING ASSISTANCE FOR FLIGHT TRAINING

Section 422(c) of Pub. L. 101-237 provided that:

"(1)(A) The Secretary of Veterans Affairs shall conduct an

evaluation of paying educational assistance for flight training

under chapter 30 of title 38, United States Code, and chapter 106

of title 10, United States Code.

"(B) The evaluation required by subparagraph (A) shall be

designed to determine the effectiveness of the provision of

educational assistance referred to in such subparagraph in

preparing the recipients of such assistance for recognized

vocational objectives in the field of aviation.

"(2) Not later than January 31, 1994, the Secretary shall submit

to the Committees on Veterans' Affairs of the Senate and the House

of Representatives a report on the evaluation required by paragraph

(1). Such report shall include -

"(A) information, separately as to payments made under chapter

30 of title 38, United States Code, and payments made under

chapter 106 of title 10, United States Code, regarding -

"(i) the number of recipients paid educational assistance

allowances for flight training;

"(ii) the amount of such assistance;

"(iii) the amount paid by the recipients for such training;

"(iv) the vocational objectives of the recipients; and

"(v) the extent to which the training (I) assists the

recipients in achieving employment in the field of aviation, or

(II) was used only or primarily for recreational or avocational

purposes; and

"(B) any recommendations for legislation that the Secretary

considers appropriate to include in the report."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3020, 3032, 3680A, 3688

of this title.

-End-

-CITE-

38 USC Sec. 3035 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 3035. Allocation of administration and of program costs

-STATUTE-

(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.

(2) Payments for entitlement earned under subchapter II of this

chapter that is established under section 3015(d) of this title at

a rate in excess of the rate prescribed under subsection (a) or (b)

of section 3015 of this title shall, to the extent of that excess,

be made from the Department of Defense Education Benefits Fund

established under section 2006 of title 10 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;

(B) in the case of any individual described in section

3018A(a)(3), 3018B(a)(1)(C), or 3018B(a)(2)(C) of this title,

from funds appropriated, or otherwise available, to the

Department of Veterans Affairs for the payment of readjustment

benefits; and

(C) in the case of the increase in payments made under section

3015(f) of this title, from the Post-Vietnam Era Veterans

Education Account established pursuant to section 3222(a) of this

title.

(4) Payments attributable to the increased usage of benefits as a

result of transfers of entitlement to basic educational assistance

under section 3020 of this title shall be made from the Department

of Defense Education Benefits Fund established under section 2006

of title 10 or from appropriations made to the Department of

Transportation, as appropriate.

(c) Payments for educational assistance provided under subchapter

III of this chapter shall be made from the Department of Defense

Education Benefits Fund established under section 2006 of title 10

or from appropriations made to the Department of Homeland Security,

as appropriate.

(d) Funds for the payment by the Secretary of benefits under this

chapter that are to be paid from the Department of Defense

Education Benefits Fund shall be transferred to the Department of

Veterans Affairs from such Fund as necessary and in accordance with

agreements entered into under section 2006 of title 10 by the

Secretary, the Secretary of Defense, and the Secretary of the

Treasury. Funds for the payment by the Secretary of benefits under

this chapter that are to be paid from appropriations made to the

Department of Homeland Security shall be transferred to the

Department of Veterans Affairs as necessary. The Secretary and the

Secretary of Homeland Security shall enter into an agreement for

the manner in which such transfers are to be made.

(e) Payments for tutorial assistance benefits under section 3019

of this title shall be made -

(1) in the case of the first $600 of such benefits paid to an

individual, from funds appropriated, or otherwise available, to

the Department of Veterans Affairs for the payment of

readjustment benefits; and

(2) in the case of payments to an individual for such benefits

in excess of $600, from -

(A) funds appropriated, or otherwise available, to the

Department of Veterans Affairs for the payment of readjustment

benefits;

(B) the Department of Defense Education Benefits Fund

established under section 2006 of title 10; and

(C) funds appropriated to the Department of Homeland

Security,

in the same proportion as the Fund described in subclause (B) of

this clause and the funds described in subclause (A) or (C) of

this clause are used to pay the educational assistance allowance

to the individual under this chapter.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2562, Sec. 1435; amended Pub. L. 99-576, title III, Sec.

321(8), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-689, title I,

Sec. 107(a)(2), Nov. 18, 1988, 102 Stat. 4168; Pub. L. 101-237,

title IV, Sec. 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; Pub. L.

101-510, div. A, title V, Sec. 561(b)(3), Nov. 5, 1990, 104 Stat.

1573; renumbered Sec. 3035 and amended Pub. L. 102-83, Sec. 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-484, div. D, title

XLIV, Sec. 4404(b)(3), Oct. 23, 1992, 106 Stat. 2706; Pub. L.

103-446, title XII, Sec. 1201(d)(7), Nov. 2, 1994, 108 Stat. 4684;

Pub. L. 104-275, title I, Sec. 106(c)(2), Oct. 9, 1996, 110 Stat.

3329; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116

Stat. 2315; Pub. L. 107-314, div. A, title VI, Sec. 643(b), Dec. 2,

2002, 116 Stat. 2577; Pub. L. 107-330, title III, Sec. 308(c)(1),

Dec. 6, 2002, 116 Stat. 2827.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-314, Sec. 643(b)(1), and Pub.

L. 107-330, Sec. 308(c)(1)(A), amended par. (1) identically,

substituting "paragraphs (2), (3), and (4)," for "paragraphs (2)

and (3) of this subsection,".

Subsec. (b)(2). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

Subsec. (b)(4). Pub. L. 107-314, Sec. 643(b)(2), and Pub. L.

107-330, Sec. 308(c)(1)(B), amended subsec. (b) identically, adding

par. (4).

Subsecs. (c) to (e). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation" wherever appearing.

1996 - Subsec. (b)(1). Pub. L. 104-275 inserted before period at

end "and from transfers from the Post-Vietnam Era Veterans

Education Account pursuant to section 3232(b)(2)(B) of this title".

1994 - Subsec. (b)(2). Pub. L. 103-446, Sec. 1201(d)(7)(A),

substituted "section 3015(d)" for "section 3015(c)".

Subsec. (b)(3)(C). Pub. L. 103-446, Sec. 1201(d)(7)(B),

substituted "section 3015(f)" for "section 3015(e)".

1992 - Subsec. (b)(3). Pub. L. 102-484 inserted "or 3018B" in

introductory provisions and ", 3018B(a)(1)(C), or 3018B(a)(2)(C)"

in subpar. (B).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1435 of this

title as this section.

Subsec. (b)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3015(c)" for "1415(c)" and "3015" for "1415".

Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3018A"

for "1418A" in introductory provisions, "3018A(a)(3)" for

"1418A(a)(3)" in subpar. (B), and "3015(e)" for "1415(e)" and

"3222(a)" for "1622(a)" in subpar. (C).

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "3019" for

"1419" in introductory provisions.

1990 - Subsec. (b)(1). Pub. L. 101-510, Sec. 561(b)(3)(A),

substituted "paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (b)(3). Pub. L. 101-510, Sec. 561(b)(3)(B), added par.

(3).

1989 - Subsecs. (a), (b)(1), (d), (e)(1), (2)(A). Pub. L. 101-237

substituted "Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively,

wherever appearing.

1988 - Subsec. (e). Pub. L. 100-689 added subsec. (e).

1986 - Subsec. (b)(2). Pub. L. 99-576 substituted "subsection (a)

or (b) of section 1415" for "section 1415(a)".

EFFECTIVE DATE OF 2002 AMENDMENTS

Pub. L. 107-330, title III, Sec. 308(c)(2), Dec. 6, 2002, 116

Stat. 2828, provided that: "The amendments made by this subsection

[amending this section] shall take effect as if included in the

enactment of the National Defense Authorization Act for Fiscal Year

2002 (Public Law 107-107), to which such amendments relate."

Pub. L. 107-314, div. A, title VI, Sec. 643(c)(2), Dec. 2, 2002,

116 Stat. 2578, provided that: "The amendments made by subsection

(b) [amending this section] shall take effect as if made by section

654 of the National Defense Authorization Act for Fiscal Year 2002

(Public Law 107-107; 115 Stat. 1153)."

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3017 of this title.

-End-

-CITE-

38 USC Sec. 3036 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 3036. Reporting requirement

-STATUTE-

(a) The Secretary of Defense and the Secretary shall submit to

the Congress at least once every two years separate reports on the

operation of the program provided for in this chapter.

(b) The Secretary of Defense shall include in each report

submitted under this section -

(1) information indicating (A) the extent to which the benefit

levels provided under this chapter are adequate to achieve the

purposes of inducing individuals to enter and remain in the Armed

Forces and of providing an adequate level of financial assistance

to help meet the cost of pursuing a program of education, (B)

whether it is necessary for the purposes of maintaining adequate

levels of well-qualified active-duty personnel in the Armed

Forces to continue to offer the opportunity for educational

assistance under this chapter to individuals who have not yet

entered active-duty service, and (C) describing the efforts under

sections 3011(i) and 3012(g) of this title to inform members of

the Armed Forces of the minimum service requirements for

entitlement to educational assistance benefits under this chapter

and the results from such efforts; and

(2) such recommendations for administrative and legislative

changes regarding the provision of educational assistance to

members of the Armed Forces and veterans, and their dependents,

as the Secretary of Defense considers appropriate.

(c) The Secretary shall include in each report submitted under

this section -

(1) information concerning the level of utilization of

educational assistance and of expenditures under this chapter;

and

(2) such recommendations for administrative and legislative

changes regarding the provision of educational assistance to

members of the Armed Forces and veterans, and their dependents,

as the Secretary considers appropriate.

(d) No report shall be required under this section after January

1, 2005.

-SOURCE-

(Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98

Stat. 2563, Sec. 1436; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered

Sec. 3036, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406;

Pub. L. 105-368, title II, Sec. 207(c), Nov. 11, 1998, 112 Stat.

3328; Pub. L. 106-419, title IV, Sec. 403(c)(4), Nov. 1, 2000, 114

Stat. 1864.)

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-419 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

"(d)(1) The first report by the Secretary of Defense under this

section shall be submitted not later than January 1, 1986.

"(2) The first report by the Secretary under this section shall

be submitted not later than January 1, 1988."

1998 - Subsec. (b)(1)(C). Pub. L. 105-368 added cl. (C).

1991 - Pub. L. 102-83 renumbered section 1436 of this title as

this section.

1989 - Subsec. (a). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary shall" for "Administrator shall".

Subsec. (b). Pub. L. 101-237, Sec. 423(b)(4)(D), inserted "of

Defense" after "Secretary" in introductory provisions and par. (2).

Subsecs. (c), (d)(2). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title II, Sec. 207(d)(2), Nov. 11, 1998, 112

Stat. 3328, provided that: "The amendments made by subsection (c)

[amending this section] shall apply with respect to reports to

Congress submitted by the Secretary of Defense under section 3036

of title 38, United States Code, on or after January 1, 2000."

-End-