US (United States) Code. Title 38. Part III. Chapter 32: Post-Vietnam Era Veterans Educational Assistance

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

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-CITE-

38 USC CHAPTER 32 - POST-VIETNAM ERA VETERANS'

EDUCATIONAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

-HEAD-

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

-MISC1-

SUBCHAPTER I - PURPOSE; DEFINITIONS

Sec.

3201. Purpose.

3202. Definitions.

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

3221. Eligibility.

3222. Contributions; matching fund.

3223. Refunds of contributions upon disenrollment.

3224. Death of participant.

3225. Discharge or release under conditions which would bar

the use of benefits.

SUBCHAPTER III - ENTITLEMENT; DURATION

3231. Entitlement; loan eligibility.

3232. Duration; limitations.

3233. Apprenticeship or other on-job training.

3234. Tutorial assistance.

SUBCHAPTER IV - ADMINISTRATION

3241. Requirements.

3243. Deposits; reports.

AMENDMENTS

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

renumbered items 1601 to 1643 as 3201 to 3243, respectively.

Pub. L. 102-16, Sec. 5(b), Mar. 22, 1991, 105 Stat. 50, struck

out item 1642 "Reporting requirements".

1988 - Pub. L. 100-689, title I, Sec. 107(b)(2), Nov. 18, 1988,

102 Stat. 4169, added item 1634.

1986 - Pub. L. 99-576, title III, Sec. 310(b)(3), Oct. 28, 1986,

100 Stat. 3272, added item 1633.

1982 - Pub. L. 97-295, Sec. 4(36), Oct. 12, 1982, 96 Stat. 1307,

inserted "the" after "bar" in item 1625.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3018A, 3018B, 3018C,

3033, 3485, 3674, 3680A, 3681, 3684A, 3688, 3689, 3690, 3692, 3693,

3695, 3697, 3697A, 4213, 5113, 5303A, 5313B of this title; title 20

section 1087vv; title 26 sections 25A, 135, 6334; title 29 section

2913.

-End-

-CITE-

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

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - PURPOSE; DEFINITIONS

-HEAD-

SUBCHAPTER I - PURPOSE; DEFINITIONS

-End-

-CITE-

38 USC Sec. 3201 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - PURPOSE; DEFINITIONS

-HEAD-

Sec. 3201. Purpose

-STATUTE-

It is the purpose of this chapter (1) to provide educational

assistance to those men and women who enter the Armed Forces after

December 31, 1976, and before July 1, 1985, (2) to assist young men

and women in obtaining an education they might not otherwise be

able to afford, and (3) to promote and assist the all volunteer

military program of the United States by attracting qualified men

and women to serve in the Armed Forces.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2393, Sec. 1601; amended Pub. L. 99-576, title III, Sec. 309(a)(1),

Oct. 28, 1986, 100 Stat. 3270; renumbered Sec. 3201, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 3201 was renumbered section 5501 of this title.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1601 of this title as

this section.

1986 - Pub. L. 99-576 inserted "and before July 1, 1985,".

EFFECTIVE DATE

Section 406 of title IV of Pub. L. 94-502 provided that: "The

provisions of this title [enacting this chapter, amending sections

1652, 1661, and 1662 [now 3452, 3461, and 3462] of this title and

section 725s of former Title 31, Money and Finance, and enacting

provisions set out as a note under section 3221 of this title]

shall become effective on January 1, 1977."

SHORT TITLE

For short titles of Pub. L. 94-502, and title IV of Pub. L.

94-502, which enacted this chapter, see Short Title of 1976

Amendments note set out under section 101 of this title.

ENROLLMENT IN PROGRAM BEFORE APRIL 1, 1987

Section 309(c), (d) of Pub. L. 99-576 provided that:

"(c) Exception. - Notwithstanding the amendments made by

subsection (a) [amending this section and sections 1602 and 1621

[now 3202 and 3221] of this title], any individual on active duty

in the Armed Forces who was eligible on June 30, 1985, to enroll in

the program established by chapter 32 of title 38, United States

Code, may enroll, before April 1, 1987, in such program.

"(d) Notice Requirement. - The Secretary of Defense, and the

Secretary of Transportation with respect to the Coast Guard when it

is not operating as a service in the Navy, shall carry out

activities for the purpose of notifying, to the maximum extent

feasible, individuals described in subsection (c) of the

opportunity provided by such subsection."

-End-

-CITE-

38 USC Sec. 3202 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER I - PURPOSE; DEFINITIONS

-HEAD-

Sec. 3202. Definitions

-STATUTE-

For the purposes of this chapter -

(1)(A) The term "eligible veteran" means any veteran who is not

eligible for educational assistance under chapter 34 of this title

and who (i) entered military service on or after January 1, 1977,

and before July 1, 1985, served on active duty for a period of more

than 180 days commencing on or after January 1, 1977, and was

discharged or released therefrom under conditions other than

dishonorable, or (ii) entered military service on or after January

1, 1977, and before July 1, 1985, and was discharged or released

from active duty after January 1, 1977, for a service-connected

disability.

(B) The requirement of discharge or release, prescribed in

subparagraph (A), shall be waived in the case of any participant

who has completed his or her first obligated period of active duty

(which began after December 31, 1976) or 6 years of active duty

(which began after December 31, 1976), whichever period is less.

(C) For the purposes of subparagraphs (A) and (B), the term

"active duty" does not include any period during which an

individual (i) 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,

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

academies, or (iii) served under the provisions of section 511(d)

(!1) 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.

(D)(i) The requirement of ineligibility for educational

assistance under chapter 34 of this title, prescribed in

subparagraph (A), shall be waived in the case of a veteran

described in division (ii) of this subparagraph who elects to

receive benefits under this chapter instead of assistance under

such chapter 34. A veteran who makes such an election shall be

ineligible for assistance under such chapter. Such an election is

irrevocable.

(ii) A veteran referred to in division (i) of this subparagraph

is a veteran who before January 1, 1977, performed military service

described in subparagraph (C)(iii), is entitled under section

3452(a)(3)(C) of this title to have such service considered to be

"active duty" for the purposes of chapter 34 of this title, and is

eligible for assistance under such chapter only by reason of having

such service considered to be active duty.

(2) The term "program of education" -

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

title, and

(B) includes (i) a full-time program of apprenticeship or other

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

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

case of an individual who is not serving on active duty, a

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

title).

(3) The term "participant" is a person who is participating in

the educational benefits program established under this chapter.

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

term in section 3452(c) of this title.

(5) The term "training establishment" has the meaning given such

term in section 3452(e) of this title.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2394, Sec. 1602; amended Pub. L. 96-466, title IV, Sec. 401, Oct.

17, 1980, 94 Stat. 2201; Pub. L. 98-223, title II, Sec. 203(a),

Mar. 2, 1984, 98 Stat. 41; Pub. L. 99-576, title III, Secs.

309(a)(2), 310(a), Oct. 28, 1986, 100 Stat. 3270, 3271; Pub. L.

100-689, title I, Sec. 108(b)(1), Nov. 18, 1988, 102 Stat. 4169;

Pub. L. 102-54, Sec. 14(c)(6), June 13, 1991, 105 Stat. 285;

renumbered Sec. 3202 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

Section 511 of title 10, referred to in par. (1)(C)(iii), was

renumbered section 12103 of Title 10, Armed Forces, by Pub. L.

103-337, div. A, title XVI, Sec. 1662(b)(2), Oct. 5, 1994, 108

Stat. 2989.

-MISC1-

PRIOR PROVISIONS

Prior sections 3202 to 3205 were renumbered sections 5502 to 5505

of this title, respectively, and section 5505 was subsequently

repealed by Pub. L. 103-446, title XII, Sec. 1201(g)(4)(A), Nov. 2,

1994, 108 Stat. 4687.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1602 of this

title as this section.

Par. (1)(A). Pub. L. 102-54 inserted comma after last reference

to "1977".

Par. (1)(D)(ii). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3452(a)(3)(C)" for "1652(a)(3)(C)".

Par. (2). 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).

Pars. (4), (5). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3452(c)" for "1652(c)" in par. (4) and "3452(e)" for "1652(e)" in

par. (5).

1988 - Par. (2)(B). Pub. L. 100-689 inserted designation "(i)"

after "includes" and added cl. (ii).

1986 - Par. (1)(A). Pub. L. 99-576, Sec. 309(a)(2), inserted "and

before July 1, 1985," in two places and substituted "commencing on

or after January 1, 1977" for "commencing on or after such date"

and "released from active duty after January 1, 1977" for "released

from active duty after such date".

Par. (2). Pub. L. 99-576, Sec. 310(a)(1), added par. (2) and

struck out former par. (2) which read as follows: "The terms

'program of education' and 'educational institution' shall have the

same meaning ascribed to them in sections 1652(b) and 1652(c),

respectively, of this title."

Pars. (4), (5). Pub. L. 99-576, Sec. 310(a)(2), added pars. (4)

and (5).

1984 - Par. (1)(D). Pub. L. 98-223 added subpar. (D).

1980 - Par. (1)(A). Pub. L. 96-466 inserted "who is not eligible

for educational assistance under chapter 34 of this title and"

after "any veteran" and struck out "initially" before "entered

military service" in two places.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 802(d)(1) of Pub. L. 96-466 provided that: "The

amendments made by section 401 [amending this section] shall take

effect as of January 1, 1977."

-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-

ENROLLMENT IN PROGRAM BEFORE APRIL 1, 1987

For provisions for continued eligibility for enrollment in the

program established by this chapter until Apr. 1, 1987, of

individuals on active duty in the Armed Forces who were eligible

therefor on June 30, 1985, and requiring notice of such continued

eligibility to affected individuals, see section 309(c), (d) of

Pub. L. 99-576, set out as a note under section 3201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3018C of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND

MATCHING FUND 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

-HEAD-

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

-End-

-CITE-

38 USC Sec. 3221 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

-HEAD-

Sec. 3221. Eligibility

-STATUTE-

(a) Each person entering military service on or after January 1,

1977, and before July 1, 1985, shall have the right to enroll in

the educational benefits program provided by this chapter

(hereinafter in this chapter referred to as the "program" except

where the text indicates otherwise) at any time during such

person's service on active duty before July 1, 1985. When a person

elects to enroll in the program, such person must participate for

at least 12 consecutive months before disenrolling or suspending

participation.

(b) The requirement for 12 consecutive months of participation

required by subsection (a) of this section shall not apply when (1)

the participant suspends participation or disenrolls from the

program because of personal hardship as defined in regulations

issued jointly by the Secretary and the Secretary of Defense, or

(2) the participant is discharged or released from active duty.

(c) A participant shall be permitted to suspend participation or

disenroll from the program at the end of any 12-consecutive-month

period of participation. If participation is suspended, the

participant shall be eligible to make additional contributions to

the program under such terms and conditions as shall be prescribed

by regulations issued jointly by the Secretary and the Secretary of

Defense.

(d) If a participant disenrolls from the program, such

participant forfeits any entitlement to benefits under the program

except as provided in subsection (e) of this section. A participant

who disenrolls from the program is eligible for a refund of such

participant's contributions as provided in section 3223 of this

title.

(e) A participant who has disenrolled may be permitted to

reenroll in the program under such conditions as shall be

prescribed jointly by the Secretary and the Secretary of Defense.

(f) 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 of

Veterans Affairs may prescribe) the program to which such service

is to be credited.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2394, Sec. 1621; amended Pub. L. 99-576, title III, Sec. 309(a)(3),

Oct. 28, 1986, 100 Stat. 3270; Pub. L. 101-237, title IV, Secs.

410, 423(b)(1)(A), (4)(A), (6), Dec. 18, 1989, 103 Stat. 2084,

2092, 2093; renumbered Sec. 3221 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 1621 of this

title as this section.

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3223" for

"1623".

1989 - Subsec. (b)(1). Pub. L. 101-237, Sec. 423(b)(1)(A),

(4)(A), substituted "Secretary" for "Administrator" after "jointly

by the" and struck out "(hereinafter in this chapter referred to as

the 'Secretary')" after "Secretary of Defense".

Subsecs. (c), (e). Pub. L. 101-237, Sec. 423(b)(1)(A), (4)(A),

substituted "Secretary" for "Administrator" after "jointly by the"

and inserted "of Defense" after "Secretary" at end.

Subsec. (f). Pub. L. 101-237, Sec. 410, added subsec. (f).

1986 - Subsec. (a). Pub. L. 99-576 inserted "and before July 1,

1985," and "before July 1, 1985" in first sentence.

ENROLLMENT IN PROGRAM BEFORE APRIL 1, 1987

For provisions for continued eligibility for enrollment in the

program established by this chapter until Apr. 1, 1987, of

individuals on active duty in the Armed Forces who were eligible

therefor on June 30, 1985, and requiring notice of such continued

eligibility to affected individuals, see section 309(c), (d) of

Pub. L. 99-576, set out as a note under section 3201 of this title.

SUSPENSION OF RIGHT TO ENROLL IN POST-VIETNAM ERA PROGRAM

Pub. L. 98-525, title VII, Sec. 704, Oct. 19, 1984, 98 Stat.

2564, which provided that no individual on active duty in the Armed

Forces could initially enroll in the educational assistance program

provided for in this chapter during the period beginning on July 1,

1985, and ending on June 30, 1988, was repealed by Pub. L. 99-576,

title III, Sec. 309(b), Oct. 28, 1986, 100 Stat. 3270.

NEW ENROLLMENTS IN EDUCATIONAL ASSISTANCE PROGRAM AFTER DECEMBER

31, 1981, PRESIDENTIAL RECOMMENDATION TO CONGRESS

Section 408 of Pub. L. 94-502 provided that:

"(a)(1) No individual on active duty in the Armed Forces may

initially enroll in the educational assistance program provided for

in chapter 32 of title 38, United States Code (as added by section

404 of this Act) after December 31, 1981, unless -

"(A) before June 1, 1981, the President submits to both Houses

of Congress a written recommendation that such program continue

to be open for new enrollments; and

"(B) before the close of the 60-day period after the day on

which the President submits to Congress the recommendation

described in subparagraph (A), neither the House of

Representatives nor the Senate adopts, by an affirmative vote of

a majority of those present and voting in that House, a

resolution which in substance disapproves such recommendation.

"(2) For purposes of computing the 60-day period referred to in

paragraph (1)(B), there shall be excluded -

"(A) the days on which either House is not in session because

of an adjournment of more than 3 days to a day certain or an

adjournment of the Congress sine die, and

"(B) any Saturday and Sunday, not excluded under the preceding

subparagraph, when either House is not in session.

The recommendation referred to in paragraph (1)(A) shall be

delivered to both Houses of Congress on the same day and shall be

delivered to the Clerk of the House of Representatives if the House

is not in session and to the Secretary of the Senate if the Senate

is not in session.

"(b) If new enrollments after December 31, 1981, in the

educational assistance program provided for in such chapter 32 are

authorized after the application of the provisions of subsection

(a), then effective January 1, 1982, section 1622(b) [now 3222(b)]

of title 38, United States Code, is amended by striking out

'Veterans' Administration' and inserting in lieu thereof

'Department of Defense'."

-End-

-CITE-

38 USC Sec. 3222 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

-HEAD-

Sec. 3222. Contributions; matching fund

-STATUTE-

(a) Except as provided in subsections (c) and (d) of this

section, each person electing to participate in the program shall

agree to have a monthly deduction made from such person's military

pay. Such monthly deduction shall be in any amount not less than

$25 nor more than $100 except that the amount must be divisible by

5. Any such amount contributed by the participant or contributed by

the Secretary of Defense pursuant to subsection (c) of this section

shall be deposited in a deposit fund account entitled the

"Post-Vietnam Era Veterans Education Account" (hereinafter in this

chapter referred to as the "fund") to be established in the

Treasury of the United States. Contributions made by the

participant shall be limited to a maximum of $2,700.

(b) Except as otherwise provided in this chapter, each monthly

contribution made by a participant under subsection (a) shall

entitle the participant to matching funds from the Department of

Defense at the rate of $2 for each $1 contributed by the

participant.

(c) The Secretary of Defense is authorized to contribute to the

fund of any participant such contributions as the Secretary of

Defense deems necessary or appropriate to encourage persons to

enter or remain in the Armed Forces, including contributions in

lieu of, or to reduce the amount of, monthly deductions under

subsection (a) of this section. The Secretary of Defense is

authorized to issue such rules and regulations as the Secretary of

Defense deems necessary or appropriate to implement the provisions

of this subsection.

(d) Subject to the maximum contribution prescribed by subsection

(a) of this section, a participant shall be permitted, while

serving on active duty, to make a lump-sum contribution to the

fund. A lump-sum contribution to the fund by a participant shall be

in addition to or in lieu of monthly deductions made from such

participant's military pay and shall be considered, for the

purposes of paragraph (2) of section 3231(a) of this title, to have

been made by monthly deductions from such participant's military

pay in the amount of $100 per month or in such lesser amount as may

be specified by such participant pursuant to regulations issued

jointly by the Secretary of Defense and the Secretary.

(e) Any amount transferred to the Secretary from the Secretary of

a military department under an interagency agreement for the

administration by the Department of Veterans Affairs of an

educational assistance program established by the Secretary of

Defense under chapter 107 of title 10 may be deposited into and

disbursed from the fund for the purposes of such program.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2395, Sec. 1622; amended Pub. L. 94-502, title IV, Sec. 408(b),

Oct. 15, 1976, 90 Stat. 2398; Pub. L. 96-466, title IV, Sec. 406,

Oct. 17, 1980, 94 Stat. 2202; Pub. L. 97-306, title II, Secs. 209,

210, Oct. 14, 1982, 96 Stat. 1436; Pub. L. 98-160, title VII, Sec.

702(6), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101-237, title IV,

Sec. 423(b)(1), (4)(A), (B), (D), Dec. 18, 1989, 103 Stat. 2092;

renumbered Sec. 3222 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 1622 of this

title as this section.

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3231(a)"

for "1631(a)".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 423(b)(4)(A), inserted

"of Defense" after "Secretary".

Subsec. (c). Pub. L. 101-237, Sec. 423(b)(4)(D), inserted "of

Defense" after "Secretary" wherever appearing.

Subsec. (d). Pub. L. 101-237, Sec. 423(b)(1)(A), (4)(A),

substituted "Secretary" for "Administrator" at end and inserted "of

Defense" after "jointly by the Secretary".

Subsec. (e). Pub. L. 101-237, Sec. 423(b)(1), (4)(B), substituted

"Secretary" and "Department of Veterans Affairs" for

"Administrator" and "Veterans' Administration", respectively, and

inserted "of Defense" after "established by the Secretary".

1983 - Subsec. (d). Pub. L. 98-160 inserted "of this title" after

"section 1631(a)".

1982 - Subsec. (d). Pub. L. 97-306, Sec. 210, substituted "$100"

for "$75".

Subsec. (e). Pub. L. 97-306, Sec. 209, added subsec. (e).

1980 - Subsec. (a). Pub. L. 96-466, Sec. 406(a), substituted

"Except as provided in subsections (c) and (d) of this section,

each" for "Each", "$25" for "$50", and "$100" for "$75".

Subsec. (c). Pub. L. 96-466, Sec. 406(b), inserted ", including

contributions in lieu of, or to reduce the amount of, monthly

deductions under subsection (a) of this section" after "Armed

Forces".

Subsec. (d). Pub. L. 96-466, Sec. 406(c), added subsec. (d).

1976 - Subsec. (b). Pub. L. 94-502 substituted "Department of

Defense" for "Veterans' Administration".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(d)(2) of Pub. L. 96-466, set out as a note under section 3224

of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-502 effective Jan. 1, 1982, because new

enrollments after Dec. 31, 1981, in the educational assistance

program provided by this chapter, were authorized after application

of provisions of section 408(a) of Pub. L. 94-502, see section

408(b) of Pub. L. 94-502, set out as a note under section 3221 of

this title.

REFUNDS FOR CERTAIN SERVICE ACADEMY GRADUATES

Pub. L. 101-366, title II, Sec. 207, Aug. 15, 1990, 104 Stat.

442, as amended by Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105

Stat. 406, directed Secretary of Veterans Affairs to refund, on

receipt before Jan. 1, 1992, of an application from an individual,

not later than 60 days after receiving such application, the

amount, if any, of the individual's unused contributions to the

VEAP Account; if the individual has received educational assistance

under this chapter, to pay to the individual (out of funds

appropriated to the readjustment benefits account) a sum equal to

the amount by which the amount of the educational assistance that

the individual would have received under chapter 34 of this title

for the pursuit of such program exceeds the amount of the

educational assistance that the individual did receive under this

chapter for the pursuit of such program; or if the individual has

not received educational assistance under this chapter, to pay to

the individual (out of funds appropriated to the Department of

Veterans Affairs Readjustment Benefits account) a sum equal to the

amount of educational assistance that the individual would have

received under chapter 34 of this title for the pursuit of a

program of education if the individual had been entitled to

assistance under such program during the period ending on Dec. 31,

1989; and to refund to the Secretary of Defense the unused

contributions by such Secretary to the VEAP Account on behalf of

such individual.

EDUCATIONAL ASSISTANCE PILOT PROGRAM; PAYMENT OF MONTHLY

CONTRIBUTION BY SECRETARY; MANNER, SCOPE, ETC., OF PAYMENTS

Manner, scope, etc., of payments by Secretary in lieu of payments

of monthly contributions by persons participating in educational

assistance program, see section 903 of Pub. L. 96-342, set out as a

note under section 2141 of Title 10, Armed Forces.

MATCHING FUNDS FROM DEPARTMENT OF DEFENSE AFTER JANUARY 1, 1982, IF

NEW ENROLLMENTS ARE AUTHORIZED AFTER DECEMBER 31, 1981

For provisions of section 408(b) of Pub. L. 94-502 directing that

"Department of Defense" be substituted for "Veterans'

Administration" in subsec. (b) of this section, effective Jan. 1,

1982, if new enrollments after Dec. 31, 1981, in the educational

assistance program provided by this chapter are authorized after

application of section 408(a) of Pub. L. 94-502, see section 408 of

Pub. L. 94-502, set out as a note under section 3221 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3015, 3018A, 3018B,

3018C, 3035, 3223, 3243 of this title.

-End-

-CITE-

38 USC Sec. 3223 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

-HEAD-

Sec. 3223. Refunds of contributions upon disenrollment

-STATUTE-

(a) Contributions made to the program by a participant may be

refunded only after the participant has disenrolled from the

program or as provided in section 3224 of this title.

(b) If a participant disenrolls from the program prior to

discharge or release from active duty, such participant's

contributions will be refunded on the date of the participant's

discharge or release from active duty or within 60 days of receipt

of notice by the Secretary of the participant's discharge or

disenrollment, except that refunds may be made earlier in instances

of hardship or other good reason as prescribed in regulations

issued jointly by the Secretary and the Secretary of Defense.

(c) If a participant disenrolls from the program after discharge

or release from active duty, the participant's contributions shall

be refunded within 60 days of receipt of an application for a

refund from the participant.

(d) In the event the participant (1) dies while on active duty,

(2) dies after discharge or release from active duty, or (3)

disenrolls or is disenrolled from the program without having

utilized any entitlement, the participant may have accrued under

the program, or, in the event the participant utilizes part of such

participant's entitlement and disenrolls or is disenrolled from the

program, the amount contributed by the Secretary of Defense under

the authority of section 3222(c) of this title remaining in the

fund shall be refunded to such Secretary.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2395, Sec. 1623; amended Pub. L. 98-160, title VII, Sec. 702(7),

Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093;

renumbered Sec. 3223 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 1623 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3224" for

"1624".

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3222(c)"

for "1622(c)".

1989 - Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), (4)(A),

substituted "Secretary" for "Administrator" wherever appearing and

inserted "of Defense" after "Secretary" at end.

Subsec. (d). Pub. L. 101-237, Sec. 423(b)(7), inserted "of

Defense" after first reference to "Secretary" and substituted

"such" for "the" before second reference to "Secretary".

1983 - Subsec. (a). Pub. L. 98-160 inserted "of this title" after

"section 1624".

Subsec. (d). Pub. L. 98-160 inserted "of this title" after

"section 1622(c)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3018A, 3018B, 3018C, 3221

of this title.

-End-

-CITE-

38 USC Sec. 3224 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

-HEAD-

Sec. 3224. Death of participant

-STATUTE-

In the event of a participant's death, the amount of such

participant's unused contributions to the fund shall be paid to the

living person or persons first listed below:

(1) The beneficiary or beneficiaries designated by such

participant under such participant's Servicemembers' Group Life

Insurance policy.

(2) The surviving spouse of the participant.

(3) The surviving child or children of the participant, in

equal shares.

(4) The surviving parent or parents of the participant, in

equal shares.

If there is no such person living, such amount shall be paid to

such participant's estate.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2395, Sec. 1624; amended Pub. L. 96-466, title IV, Sec. 402, Oct.

17, 1980, 94 Stat. 2201; renumbered Sec. 3224, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104-275, title IV, Sec.

405(c)(2), Oct. 9, 1996, 110 Stat. 3340.)

-MISC1-

AMENDMENTS

1996 - Par. (1). Pub. L. 104-275 substituted "Servicemembers'

Group" for "Servicemen's Group".

1991 - Pub. L. 102-83 renumbered section 1624 of this title as

this section.

1980 - Pub. L. 96-466 expanded provisions to require payment of a

participant's unused contributions to the fund to the surviving

spouse, the surviving child or children, or to the surviving parent

or parents before payment of such amount to the participant's

estate.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 802(d)(2) of Pub. L. 96-466 provided that: "The

amendments made by sections 402 through 406 [amending this section

and sections 1622, 1631, and 1641 [now 3222, 3231, and 3241] of

this title] shall become effective on October 1, 1980."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3223 of this title.

-End-

-CITE-

38 USC Sec. 3225 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER II - ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND

-HEAD-

Sec. 3225. Discharge or release under conditions which would bar

the use of benefits

-STATUTE-

If a participant in the program is discharged or released from

active duty under dishonorable conditions, such participant is

automatically disenrolled and any contributions made by such

participant shall be refunded to such participant on the date of

such participant's discharge or release from active duty or within

60 days from receipt of notice by the Secretary of such discharge

or release, whichever is later.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2396, Sec. 1625; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3225,

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1625 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

-End-

-CITE-

38 USC SUBCHAPTER III - ENTITLEMENT; DURATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENTITLEMENT; DURATION

-HEAD-

SUBCHAPTER III - ENTITLEMENT; DURATION

-End-

-CITE-

38 USC Sec. 3231 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENTITLEMENT; DURATION

-HEAD-

Sec. 3231. Entitlement; loan eligibility

-STATUTE-

(a)(1) Subject to the provisions of section 3695 of this title

limiting the aggregate period for which any person may receive

assistance under two or more programs of educational or vocational

assistance administered by the Department of Veterans Affairs, a

participant shall be entitled to a maximum of 36 monthly benefit

payments (or their equivalent in the event of part-time benefits).

(2) Except as provided in paragraph (5)(E) of this subsection and

in subsection (e) of this section and section 3233 of this title

and subject to section 3241 of this title, the amount of the

monthly payment to which any eligible veteran is entitled shall be

ascertained by (A) adding all contributions made to the fund by the

eligible veteran, (B) multiplying the sum by 3, (C) adding all

contributions made to the fund for such veteran by the Secretary of

Defense, and (D) dividing the sum by the lesser of 36 or the number

of months in which contributions were made by such veteran.

(3) Payment of benefits under this chapter may be made only for

periods of time during which an eligible veteran is actually

enrolled in and pursuing an approved program of education and,

except as provided in paragraph (4), only after an eligible veteran

has been discharged or released from active duty.

(4) Payment of benefits under this chapter may be made after a

participant has completed his or her first obligated period of

active duty (which began after December 31, 1976), or 6 years of

active duty (which began after December 31, 1976), whichever period

is less.

(5)(A) Notwithstanding any other provision of this chapter or

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

allowance described in subparagraph (B) of this paragraph -

(i) shall not be charged against the entitlement of any

eligible veteran under this chapter; and

(ii) shall not be counted toward the aggregate period for which

section 3695 of this title limits an individual's receipt of

assistance.

(B) The payment of an educational assistance allowance referred

to in subparagraph (A) of this paragraph is any payment of a

monthly benefit under this chapter to an eligible veteran for

pursuit of a course or courses under this chapter if the Secretary

finds that the eligible veteran -

(i) 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

(ii) 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

(iii) failed to receive credit or training time toward

completion of the individual's approved educational,

professional, or vocational objective as a result of having to

discontinue, as described in clause (i) or (ii) of this

subparagraph, his or her course pursuit.

(C) 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 subparagraph (B)(iii) of this

paragraph.

(D) The amount in the fund for each eligible veteran who received

a payment of an educational assistance allowance described in

subparagraph (B) of this paragraph shall be restored to the amount

that would have been in the fund for the veteran if the payment had

not been made. For purposes of carrying out the previous sentence,

the Secretary of Defense shall deposit into the fund, on behalf of

each such veteran, an amount equal to the entire amount of the

payment made to the veteran.

(E) In the case of a veteran who discontinues pursuit of a course

or courses as described in subparagraph (B) of this paragraph, the

formula for ascertaining the amount of the monthly payment to which

the veteran is entitled in paragraph (2) of this subsection shall

be implemented as if -

(i) the payment made to the fund by the Secretary of Defense

under subparagraph (D) of this paragraph, and

(ii) any payment for a course or courses described in

subparagraph (B) of this paragraph that was paid out of the fund,

had not been made or paid.

(b) Any enlisted member of the Armed Forces participating in the

program shall be eligible to enroll in a course, courses, or

program of education for the purpose of attaining a secondary

school diploma (or an equivalency certificate), as authorized by

section 3491(a) of this title, during the last six months of such

member's first enlistment and at any time thereafter.

(c) When an eligible veteran is pursuing a program of education

under this chapter by correspondence, such eligible veteran's

entitlement shall be charged at the rate of 1 month's entitlement

for each month of benefits paid to the eligible veteran (computed

on the basis of the formula provided in subsection (a)(2) of this

section).

(d)(1) Subject to the provisions of paragraph (2) of this

subsection, the amount of the educational assistance benefits paid

to an eligible veteran who is pursuing a program of education under

this chapter while incarcerated in a Federal, State, or local penal

institution for conviction of a felony may not exceed the lesser of

(A) such amount as the Secretary determines, in accordance with

regulations which the Secretary shall prescribe, is necessary to

cover the cost of established charges for tuition and fees required

of similarly circumstanced nonveterans enrolled in the same program

and the cost of necessary supplies, books, and equipment, or (B)

the applicable monthly benefit payment otherwise prescribed in this

section or section 3233 of this title. The amount of the

educational assistance benefits payable to a veteran while so

incarcerated shall be reduced to the extent that the tuition and

fees of the veteran for any course are paid under any Federal

program (other than a program administered by the Secretary) or

under any State or local program.

(2) Paragraph (1) of this subsection shall not apply in the case

of any veteran who is pursuing a program of education under this

chapter while residing in a halfway house or participating in a

work-release program in connection with such veteran's conviction

of a felony.

(e)(1) Subject to subsection (a)(1) of this section, each

individual who is pursuing a program of education consisting

exclusively of flight training approved as meeting the requirements

of section 3241(b) of this title shall be paid educational

assistance 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 payment 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 entitlement of an eligible veteran pursuing a program of

education described in paragraph (1) of this subsection shall be

charged at the rate of one month for each amount of educational

assistance paid which is equal to the monthly benefit otherwise

payable to such veteran (computed on the basis of the formula

provided in subsection (a)(2) of this section).

(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.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2396, Sec. 1631; amended Pub. L. 96-466, title IV, Secs. 403, 404,

Oct. 17, 1980, 94 Stat. 2201; Pub. L. 97-35, title XX, Secs.

2003(a)(1), 2005(a), Aug. 13, 1981, 95 Stat. 782; Pub. L. 99-576,

title III, Sec. 310(b)(1), Oct. 28, 1986, 100 Stat. 3271; Pub. L.

100-689, title I, Secs. 108(b)(2), 122, Nov. 18, 1988, 102 Stat.

4170, 4174; Pub. L. 101-237, title IV, Sec. 423(b)(1), (4)(A), Dec.

18, 1989, 103 Stat. 2092; Pub. L. 102-16, Sec. 7(b), Mar. 22, 1991,

105 Stat. 51; renumbered Sec. 3231 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-127, Sec.

2(b), Oct. 10, 1991, 105 Stat. 619; Pub. L. 102-568, title III,

Sec. 310(c), Oct. 29, 1992, 106 Stat. 4330; Pub. L. 104-275, title

I, Sec. 105(b), Oct. 9, 1996, 110 Stat. 3327; Pub. L. 105-368,

title X, Sec. 1005(b)(7), Nov. 11, 1998, 112 Stat. 3365; Pub. L.

107-103, title I, Sec. 103(a), (d), Dec. 27, 2001, 115 Stat. 979.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(5)(B)(i). 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. (a)(5)(B)(ii). Pub. L. 107-103, Sec. 103(d), struck out

", in connection with such War," after "being ordered".

1998 - Subsec. (a)(2). Pub. L. 105-368 substituted "subsection

(e)" for "subsection (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 benefit payment to an

individual pursuing a cooperative program under this chapter shall

be 80 percent of the monthly benefit otherwise payable to such

individual (computed on the basis of the formula provided in

subsection (a)(2) of this section).

"(2) For each month that an individual is paid a monthly benefit

payment for pursuit of a cooperative program under this chapter,

the individual's entitlement under this chapter shall be charged at

the rate 80 percent of a month."

1992 - Subsec. (f)(1). Pub. L. 102-568, Sec. 310(c)(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(c)(2), added par. (4).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1631 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695"

for "1795".

Subsec. (a)(2). Pub. L. 102-127, Sec. 2(b)(2), inserted "in

paragraph (5)(E) of this subsection and" after "Except as

provided".

Pub. L. 102-83, Sec. 5(c)(1), substituted "3233" for "1633" and

"3241" for "1641".

Pub. L. 102-16, Sec. 7(b)(1), inserted "subsection (f) of this

section and" after "Except as provided in".

Subsec. (a)(5). Pub. L. 102-127, Sec. 2(b)(1), added par. (5).

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3491(a)"

for "1691(a)".

Subsec. (e)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3233"

for "1633".

Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted "3241(b)"

for "1641(b)" in par. (1).

Pub. L. 102-16, Sec. 7(b)(2), added subsec. (f).

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 423(b)(1)(B),

substituted "Department of Veterans Affairs" for "Veterans'

Administration".

Subsec. (a)(2)(C). Pub. L. 101-237, Sec. 423(b)(4)(A), inserted

"of Defense" after "Secretary".

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

"Secretary" for "Administrator" wherever appearing.

1988 - Subsec. (d). Pub. L. 100-689, Sec. 108(b)(2), added

subsec. (d).

Subsec. (e). Pub. L. 100-689, Sec. 122, added subsec. (e).

1986 - Subsec. (a)(2). Pub. L. 99-576 substituted "Except as

provided in section 1633 of this title and subject to section 1641

of this title, the" for "The".

1981 - Subsec. (c). Pub. L. 97-35, Sec. 2003(a)(1), struck out

applicability to a program of flight training.

Subsec. (d). Pub. L. 97-35, Sec. 2005(a), struck out subsec. (d)

which related to eligibility of veterans for loans authorized by

subchapter III of chapter 36 of this title.

1980 - Subsec. (a)(1). Pub. L. 96-466, Sec. 404, inserted

reference to provisions of section 1795 of this title limiting the

aggregate period for which any person may receive assistance under

two or more programs of educational or vocational assistance

administered by the Veterans' Administration, and substituted

reference to part-time benefits, for reference to part-time benefit

payments.

Subsec. (b). Pub. L. 96-466, Sec. 403, substituted reference to

enrolling in a course, courses, or program of education for the

purpose of attaining a secondary school diploma or an equivalency

certificate during the last six months of such member's first

enlistment and at any time thereafter, for reference to

participating in the Predischarge Education Program authorized by

subchapter VI of chapter 34 of this title during the last 6 months

of such member's first enlistment.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Sept. 11, 2001, see

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

3013 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-568 applicable to flight training

received under this chapter, chapter 30 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 1991 AMENDMENT

Section 7(c) of Pub. L. 102-16 provided that: "The amendments

made by this section [amending this section and section 1641 [now

3241] of this title] shall take effect on April 1, 1991."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 108(b)(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.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2006 of Pub. L. 97-35 provided that:

"(a) Except as provided in subsection (b), the amendments made by

sections 2003 [amending this section and sections 1641, 1662, 1673,

1681, 1682, and 1780 [now 3241, 3462, 3473, 3481, 3482, and 3680]

of this title and repealing section 1677 of this title] and 2005

[amending this section and sections 1686 [repealed], 1737

[repealed], and 1798 [now 3698] of this title] shall take effect on

October 1, 1981.

"(b) The amendments made by such sections shall not apply to any

person receiving educational assistance under section 1677 [now

3477] of title 38, United States Code, as such section was in

effect on August 31, 1981, for the pursuit of a program of

education (as defined in section 1652(b) [now 3452(b)] of such

title) in which such person was enrolled on that date, for as long

as such person is continuously thereafter so enrolled and meets the

requirements of eligibility for such assistance for the pursuit of

such program under the provisions of chapters 34 and 36 of such

title, as in effect on that date."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(d)(2) of Pub. L. 96-466, set out as a note under section 3224

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTION

This section is referred to in section 3222 of this title.

-End-

-CITE-

38 USC Sec. 3232 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENTITLEMENT; DURATION

-HEAD-

Sec. 3232. Duration; limitations

-STATUTE-

(a)(1) Except as provided in paragraphs (2) and (3), and subject

to paragraph (4), of this subsection, educational assistance

benefits shall not be afforded an eligible veteran under this

chapter more than 10 years after the date of such veteran's last

discharge or release from active duty.

(2)(A) If any eligible veteran was prevented from initiating or

completing such veteran's chosen program of education during the

delimiting period determined under paragraph (1) of this subsection

because of a physical or mental disability which was not the result

of such veteran's own willful misconduct, such veteran shall, upon

application made in accordance with subparagraph (B) of this

paragraph, be granted an extension of the applicable delimiting

period for such length of time as the Secretary determines, from

the evidence, that such veteran was so prevented from initiating or

completing such program of education.

(B) An extension of the delimiting period applicable to an

eligible veteran may be granted under subparagraph (A) of this

paragraph by reason of the veteran's mental or physical disability

only if the veteran submits an application for such extension to

the Secretary within one year after (i) the last date of the

delimiting period otherwise applicable to the veteran under

paragraph (1) of this subsection, or (ii) the termination date of

the period of the veteran's mental or physical disability,

whichever is later.

(3) When an extension of the applicable delimiting period is

granted an eligible veteran under paragraph (2) of this subsection,

the delimiting period with respect to such veteran shall again

begin to run on the first day after such veteran's recovery from

such disability on which it is reasonably feasible, as determined

in accordance with regulations prescribed by the Secretary, for

such veteran to initiate or resume pursuit of a program of

education with educational assistance under this chapter.

(4) For purposes of paragraph (1) of this subsection, a veteran'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.

(b)(1) In the event that an eligible veteran has not utilized any

or all of such veteran's entitlement by the end of the delimiting

period applicable to the veteran under subsection (a) of this

section and at the end of one year thereafter has not filed a claim

for utilizing such entitlement, such eligible veteran is

automatically disenrolled.

(2)(A) Any contributions which were made by a veteran disenrolled

under paragraph (1) of this subsection and remain in the fund shall

be refunded to the veteran after notice of disenrollment is

transmitted to the veteran and the veteran applies for such refund.

(B) If no application for refund of contributions under

subparagraph (A) of this paragraph is received from a disenrolled

veteran within one year after the date the notice referred to in

such subparagraph is transmitted to the veteran, it shall be

presumed that the veteran's whereabouts is unknown and the funds

shall be transferred to the Secretary for payments for entitlement

earned under subchapter II of chapter 30.

(c)(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 paid to such individual for such test by the full-time

monthly institutional rate of the educational assistance allowance

which, except for paragraph (1), such individual would otherwise be

paid under this chapter.

(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. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2396, Sec. 1632; amended Pub. L. 97-258, Sec. 3(k)(2), Sept. 13,

1982, 96 Stat. 1065; Pub. L. 98-160, title VII, Sec. 702(8), Nov.

21, 1983, 97 Stat 1009; Pub. L. 99-576, title III, Sec. 311, Oct.

28, 1986, 100 Stat. 3272; Pub. L. 101-237, title IV, Secs.

420(a)(2), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2087, 2092; Pub.

L. 102-16, Sec. 4, Mar. 22, 1991, 105 Stat. 49; renumbered Sec.

3232 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 104-275, title I, Sec. 106(c)(1), Oct. 9,

1996, 110 Stat. 3329; Pub. L. 106-419, title I, Sec. 122(b)(2),

Nov. 1, 2000, 114 Stat. 1834.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-419 added subsec. (c).

1996 - Subsec. (b)(2)(B). Pub. L. 104-275 struck out ", for the

purposes of section 1322(a) of title 31," after "it shall be

presumed" and substituted "to the Secretary for payments for

entitlement earned under subchapter II of chapter 30" for "as

provided in such section".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1632 of this

title as this section.

Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3011(a)(1)(A)(ii)(III)" for "1411(a)(1)(A)(ii)(III)".

Subsec. (b)(1). Pub. L. 102-16 inserted before comma "and at the

end of one year thereafter has not filed a claim for utilizing such

entitlement".

1989 - Subsec. (a)(1). Pub. L. 101-237, Sec. 420(a)(2)(B),

inserted ", and subject to paragraph (4)," before "of this

subsection".

Subsec. (a)(2), (3). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (a)(4). Pub. L. 101-237, Sec. 420(a)(2)(A), added par.

(4).

1986 - Pub. L. 99-576 amended section generally. Prior to

amendment, section read as follows: "No educational assistance

benefits shall be afforded an eligible veteran under this chapter

beyond the date of 10 years after such veteran's last discharge or

release from active duty. In the event an eligible veteran has not

utilized any or all of such veterans' entitlement by the end of the

10-year period, such eligible veteran is automatically disenrolled

and any contributions made by such veteran remaining in the fund

shall be refunded to the veteran following notice to the veteran

and an application by the veteran for such refund. If no

application is received within 1 year from date of notice, it will

be presumed for the purposes of section 1322(a) of title 31 that

the individual's whereabouts is unknown and the funds shall be

transferred as directed in such section."

1983 - Pub. L. 98-160 struck out the comma after "title 31" and

substituted "such section" for "section 1322(a)".

1982 - Pub. L. 97-258 substituted "section 1322(a) of title 31"

and "section 1322(a)" for "subsection (a) of section 725s of title

31" and "the last proviso of that subsection", respectively.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-419 effective Mar. 1, 2001, and

applicable with respect to licensing and certification tests

approved by the Secretary of Veterans Affairs on or after such

date, see section 122(d) of Pub. L. 106-419, set out as a note

under section 3032 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3035 of this title.

-End-

-CITE-

38 USC Sec. 3233 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENTITLEMENT; DURATION

-HEAD-

Sec. 3233. Apprenticeship or other on-job training

-STATUTE-

(a) Except as provided in subsection (b) of this section, the

amount of the monthly benefit payment to an individual pursuing a

full-time program of apprenticeship or other on-job training under

this chapter is -

(1) for each of the first six months of the individual's

pursuit of such program, 75 percent of the monthly benefit

payment otherwise payable to such individual under this chapter;

(2) for each of the second six months of the individual's

pursuit of such program, 55 percent of such monthly benefit

payment; and

(3) for each of the months following the first 12 months of the

individual's pursuit of such program, 35 percent of such monthly

benefit payment.

(b) 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 the

monthly benefit payment payable under this chapter to the

individual shall be limited to the same proportion of the

applicable rate determined under subsection (a) of this section as

the number of hours worked during such month, rounded to the

nearest eight hours, bears to 120 hours.

(c) For each month that an individual is paid a monthly benefit

payment under this chapter, the individual's entitlement under this

chapter shall be charged at the rate of -

(1) 75 percent of a month in the case of payments made in

accordance with subsection (a)(1) of this section;

(2) 55 percent of a month in the case of payments made in

accordance with subsection (a)(2) of this section; and

(3) 35 percent of a month in the case of payments made in

accordance with subsection (a)(3) of this section.

(d) For any month in which an individual fails to complete 120

hours of training, the entitlement otherwise chargeable under

subsection (c) of this section shall be reduced in the same

proportion as the monthly benefit payment payable is reduced under

subsection (b) of this section.

-SOURCE-

(Added Pub. L. 99-576, title III, Sec. 310(b)(2), Oct. 28, 1986,

100 Stat. 3271, Sec. 1633; amended Pub. L. 101-237, title IV, Sec.

423(a)(7), Dec. 18, 1989, 103 Stat. 2091; renumbered Sec. 3233,

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1633 of this title as

this section.

1989 - Subsec. (d). Pub. L. 101-237 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3231 of this title.

-End-

-CITE-

38 USC Sec. 3234 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER III - ENTITLEMENT; DURATION

-HEAD-

Sec. 3234. Tutorial assistance

-STATUTE-

(a) An individual entitled to benefits under this chapter shall

also be entitled to the benefits provided an eligible veteran under

section 3492 of this title, subject to the conditions applicable to

an eligible veteran under such section. Any amount paid to an

individual under this section shall be in addition to the amount of

other benefits paid under this chapter.

(b) An individual's period of entitlement to educational

assistance under this chapter shall be charged only with respect to

the amount of educational assistance paid to the individual under

this section in excess of $600.

(c) 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

monthly educational assistance the individual is otherwise eligible

to receive for full-time pursuit of an institutional course under

this chapter.

(d) Payments of benefits under this section 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 the fund from contributions made to the

fund by the veteran and by the Secretary of Defense in the same

proportion as these contributions are used to pay other

educational assistance to the individual under this chapter.

-SOURCE-

(Added Pub. L. 100-689, title I, Sec. 107(b)(1), Nov. 18, 1988, 102

Stat. 4168, Sec. 1634; amended Pub. L. 101-237, title IV, Sec.

423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3234

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 1634 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3492" for

"1692".

1989 - Subsec. (d)(1). Pub. L. 101-237 substituted "Department of

Veterans Affairs" for "Veterans' Administration".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3680A of this title.

-End-

-CITE-

38 USC SUBCHAPTER IV - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - ADMINISTRATION

-HEAD-

SUBCHAPTER IV - ADMINISTRATION

-End-

-CITE-

38 USC Sec. 3241 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - ADMINISTRATION

-HEAD-

Sec. 3241. Requirements

-STATUTE-

(a)(1) The provisions of sections 3470, 3471, 3474, 3476, 3483,

3485, and 3491(a)(1) of this title and the provisions of chapter 36

of this title (with the exception of section 3687) shall be

applicable with respect to individuals who are pursuing programs of

education while serving on active duty.

(2) 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) 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 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.

(c) The provisions of sections 3470, 3471, 3474, 3476, 3483, and

3491(a) (other than clause (1)) of this title and the provisions of

chapter 36 of this title (with the exception of section 3687) shall

be applicable with respect to individuals who are pursuing programs

of education following discharge or release from active duty.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2397, Sec. 1641; amended Pub. L. 96-466, title IV, Sec. 405, Oct.

17, 1980, 94 Stat. 2202; Pub. L. 97-35, title XX, Sec. 2003(a)(2),

Aug. 13, 1981, 95 Stat. 782; Pub. L. 99-576, title III, Secs.

308(b), 310(c), Oct. 28, 1986, 100 Stat. 3270, 3272; Pub. L.

100-689, title I, Sec. 106(b), Nov. 18, 1988, 102 Stat. 4167; Pub.

L. 101-237, title IV, Sec. 423(a)(5)(B), (b)(1)(A), Dec. 18, 1989,

103 Stat. 2091, 2092; Pub. L. 102-16, Secs. 2(b)(2), 7(a), Mar. 22,

1991, 105 Stat. 49, 51; renumbered Sec. 3241 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)(5), Oct. 29, 1992, 106 Stat. 4332;

Pub. L. 103-446, title VI, Sec. 601(b), title XII, Sec.

1201(d)(12), Nov. 2, 1994, 108 Stat. 4670, 4684; Pub. L. 105-368,

title II, Sec. 204(a), Nov. 11, 1998, 112 Stat. 3327.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-368 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".

1994 - Subsec. (b). Pub. L. 103-446, Sec. 601(b), 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."

Subsec. (c). Pub. L. 103-446, Sec. 1201(d)(12), struck out

"1663," after "sections".

1992 - Subsec. (a)(1). Pub. L. 102-568, Sec. 313(a)(5)(A), struck

out "3473," after "3471,".

Subsec. (b)(1). Pub. L. 102-568, Sec. 313(a)(5)(B), substituted

"3680A(b)" for "3473(b)".

Subsec. (c). Pub. L. 102-568, Sec. 313(a)(5)(A), struck out

"3473," after "3471,".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1641 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3470,

3471, 3473, 3474, 3476, 3483, 3485, and 3491(a)(1)" for "1670,

1671, 1673, 1674, 1676, 1683, 1685, and 1691(a)(1)" and "3687" for

"1787".

Pub. L. 102-16, Sec. 2(b)(2), struck out "1663," before "1670,".

Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted "3471"

for "1671".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3473(b)"

for "1673(b)" in par. (1).

Pub. L. 102-16, Sec. 7(a)(2), added subsec. (b). Former subsec.

(b) redesignated (c).

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3470,

3471, 3473, 3474, 3476, 3483, and 3491(a)" for "1670, 1671, 1673,

1674, 1676, 1683, and 1691(a)" and "3687" for "1787".

Pub. L. 102-16, Sec. 7(a)(1), redesignated subsec. (b) as (c).

1989 - Subsec. (a)(2). Pub. L. 101-237, Sec. 423(b)(1)(A),

substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 101-237, Sec. 423(a)(5)(B), substituted "employment

during and since the period of such veteran's active military

service)" for "employment)".

1988 - Subsec. (a). Pub. L. 100-689, Sec. 106(b)(1), designated

existing provision as par. (1) and added par. (2).

Subsec. (b). Pub. L. 100-689, Sec. 106(b)(2), substituted

"1691(a) (other than clause (1))" for "1691(a)(1)".

1986 - Subsec. (a). Pub. L. 99-576, Secs. 308(b), 310(c)(1), (2),

designated existing provisions as subsec. (a), substituted "section

1787) shall be applicable with respect to individuals who are

pursuing programs of education while serving on active duty" for

"sections 1777, 1780(c), and 1787) shall be applicable to the

program", and inserted "1685," after "1683,".

Subsec. (b). Pub. L. 99-576, Sec. 310(c)(3), added subsec. (b).

1981 - Pub. L. 97-35 struck out references to sections 1677 and

1681(c) of this title.

1980 - Pub. L. 96-466 inserted "1663," before "1670," and

substituted "and 1691(a)(1)" for "1696, and 1698".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by 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.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 601(b) of Pub. L. 103-446 effective Oct. 1,

1994, see section 601(d) of Pub. L. 103-446, set out as a note

under section 3034 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 7(a) of Pub. L. 102-16 effective Apr. 1,

1991, see section 7(c) of Pub. L. 102-16, set out as a note under

section 3231 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-689 effective Aug. 15, 1989, see section

106(d) of Pub. L. 100-689, set out as a note under section 3034 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise provided, see section 2006 of Pub. L. 97-35, set out as a

note under section 3231 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(d)(2) of Pub. L. 96-466, set out as a note under section 3224

of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3231, 3680A, 3688 of this

title.

-End-

-CITE-

38 USC Sec. 3242 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - ADMINISTRATION

-HEAD-

[Sec. 3242. Vacant]

-COD-

CODIFICATION

Prior to redesignation of sections 1601 to 1643 of this chapter

as sections 3201 to 3243 by Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406, section 1642 of this chapter, added Pub. L.

94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2397, and

amended Pub. L. 97-295, Sec. 4(37), Oct. 12, 1982, 96 Stat. 1307;

Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), (4)(A), Dec. 18,

1989, 103 Stat. 2092, was repealed by Pub. L. 102-16, Sec. 5(a),

Mar. 22, 1991, 105 Stat. 50.

-End-

-CITE-

38 USC Sec. 3243 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

CHAPTER 32 - POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE

SUBCHAPTER IV - ADMINISTRATION

-HEAD-

Sec. 3243. Deposits; reports

-STATUTE-

Deductions made by the Department of Defense from the military

pay of any participant shall be promptly transferred to the

Secretary for deposit in the fund. The Secretary of Defense shall

also submit to the Secretary a report each month showing the name,

service number, and the amount of the deduction made from the

military pay of each initial enrollee, any contribution made by the

Secretary of Defense pursuant to section 3222(c) of this title, as

well as any changes in each participant's enrollment and/or

contribution. The report shall also include any additional

information the Secretary and the Secretary of Defense deem

necessary to administer this program. The Secretary shall maintain

accounts showing contributions made to the fund by individual

participants and by the Secretary of Defense as well as

disbursements made from the fund in the form of benefits.

-SOURCE-

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat.

2397, Sec. 1643; amended Pub. L. 98-160, title VII, Sec. 702(9),

Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), (4)(D), Dec. 18, 1989, 103 Stat. 2092; renumbered

Sec. 3243 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3301 to 3305 and 3311 to 3313, which comprised

chapter 57, were renumbered sections 5701 to 5705 and 5711 to 5713,

respectively, of this title.

Prior sections 3401 to 3405, which comprised chapter 59, were

renumbered sections 5901 to 5905, respectively, of this title.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1643 of this title as

this section and substituted "3222(c)" for "1622(c)".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing and inserted "of Defense" after

"Secretary" in four places.

1983 - Pub. L. 98-160 inserted "of this title" after "section

1622(c)".

-End-