§ 3002. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Veterans’ Educational Assistance Act of 1984

   Pub. L. 98–525 title VII § 702(a)(1) · 98 Stat. 2492

   Enacted · 38 U.S.C. § 3002

   Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1402

   Source evidence

   Code source credit
   Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1402

   Enacted provision · exact public law section
   (1) Title 38, United States Code, is amended by inserting before chapter 31 the following new chapter: “CHAPTER 30— ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM “SUBCHAPTER I— PURPOSES; DEFINITIONS “Sec. “1401. Purposes. ‘1402. Definitions. “SUBCHAPTER II— BAS1C EDUCATIONAL ASSISTANCE “1411. Basic educational assistance entitlement for service on active duty. “1412. Basic educational assistance entitlement for service in the Selected Reserve. “1413. Duration of basic educational assistance. “1414. Payment of basic educational assistance. “1415. Amount of basic educational assistance. “1416. Inservice enrollment in a program of education. “SUBCHAPTER III— SUPPLEMENTAL EDUCATIONAL ASSISTANCE “1421. Supplemental educational assistance for additional service. “1422. Amount of supplemental educational assistance. “1423. Payment of supplemental educational assistance under this chapter. “SUBCHAPTER IV— TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS “1431. Time limitation for use of eligibility and entitlement. “1432. Limitation on educational assistance for certain individuals. “1433. Bar to duplication of educational assistance benefits. “1434. Program administration. “1435. Allocation of administration and of program costs. “1436. Reporting requirement. “Subchapter I— Purposes; Definitions “§ 1401. Purposes “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 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; and “(3) to give special emphasis to providing educational assistance benefits to aid in the retention of personnel in the Armed Forces. “§ 1402. Definitions “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’ has the meaning given such term in section 1652(b) 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 268(b) of title 10. “(5) 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. “(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) 10 USC 511. served under the provisions of section 511(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. “Subchapter II— Basic Educational Assistance “§ 1411. Basic educational assistance entitlement for service on active duty “(a) Except as provided in subsection (c) of this section each individual— “(1) who— “(A) during the period beginning on July 1, 1985, and ending on June 30, 1988, 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) serves at least three years of continuous active duty in the Armed Forces, or (ID 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 “(ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability or for hardship, or (II) for the convenience of the Government, in the case of an indi-vidual who completed not less than 20 months of 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 active duty if the initial obligated period of active duty of the individual was at least three years; or “(B) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title and without 38 USC 1651 et seq. a break in service on active duty since December 31, 1976, 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 or for hardship, or (II) for the convenience of the Government, if the individual completed not less than 30 months of active duty after that date; “(2) who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); 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, 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. “(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. Amounts withheld from basic pay under this subsection shall revert to the Treasury. “(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 or upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under 10 USC 2107. this section. “§ 1412. Basic educational assistance entitlement for service in the Selected Reserve “(a) Except as provided in subsection (c) of this section, each individual— “(1) who— “(A) during the period beginning on July 1, 1985, and ending on June 30, 1988, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and— “(i) serves at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service; and “(ii) subject to subsection (b) of this section and 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; or “(B) as of December 31, 1989, is eligible for educational 38 USC 1651 et seq. assistance under chapter 34 of this title and without a break in service on active duty since December 31, 1976, and— “(i) after June 30, 1985, serves at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service; and “(ii) after June 30, 1985, subject to subsection (b) of this section and 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, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); 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) The requirement of four years of service under clauses (1)(A)(ii) and (1)(B)9ii) 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 service) for the convenience of the Government. “(2) Continuity of service of a member in the Selected Reserve for purposes of such clauses 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. Amounts withheld from basic pay under this paragraph shall revert to the Treasury. “(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 or upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under 10 USC 2107. this section. “§ 1413. Duration of basic educational assistance “(a) (1) Subject to section 1795 of this title and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under section 1411 of this title is entitled to Ante, p. 2554. 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance). “(2) In the case of an individual described in section 1411(a)(1)(A)(ii)(I) of this title who is not also described in section 141 l(a)(1)(A)(i) of this title or an individual described in section 141 l(a)(1)(B)(ii)(I) of this title who is not also described in section 141 l(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 active duty served by such individual. “(b) Subject to section 1795 of this title and subsection (c) of this section, each individual entitled to basic educational assistance under section 1412 of this title is entitled to (1) one month of educational assistance benefits under this chapter for each month of Ante, p. 2555. active duty served by such individual, and (2) one month of educational assistance benefits under this chapter for each four months served by such individual in the Selected Reserve (other than any month in which the individual served on active duty). “(c) 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). “§ 1414. Payment of basic educational assistance “The Administrator 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. “§ 1415. Amount of basic educational assistance “(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561. provided in subsections (b) and (c) of this section, a basic educational assistance allowance under this subchapter shall be paid— “(1) at the 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 Administrator 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 1411 of this title and whose initial obligated period of active duty is two years, a basic educational assistance allowance under this chapter shall be paid— “(1) at the monthly rate of $250 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 Administrator shall prescribe, for an approved program of education pursued on less than a full-time basis. “(c) 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, may 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) and (b) of this section as the Secretary considers appropriate, but the amount of any such increase may not exceed $400 per month. “(d) (1) Subject to paragraph (2) of this subsection, in the case of an individual who on December 31, 1989, was entitled to educational 38 USC 1651 et seq. 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. “(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. “§ 1416. Inservice enrollment in a program of education “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 Ante, p. 2555. Ante, p. 2554. 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. “Subchapter III— Supplemental Educational Assistance “§ 1421. Supplemental educational assistance for additional service “(a) The Secretary concerned, pursuant to regulations to be prescribed by the Secretary, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 1411 of this title who— “(1) serves five or more consecutive years of active duty in the Armed Forces in addition to the years of active duty counted under section 1411(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 Regulations. prescribed by the Secretary, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 1412 of this title who— Ante, p. 2555. “(1) serves two or more consecutive years of active duty in the Armed Forces in addition to the years of active duty counted under section 1412(a)(1) of this title and four or more consecutive years of duty in the Selected Reserve in addition to 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 his 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. “§ 1422. Amount of supplemental educational assistance “(a) Subject to section 1432 of this title and except as otherwise Post, p. 2561. provided under subsection (b) of this section, supplemental educational assistance under section 1421 of this title shall be paid— Ante, p. 2558. “(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 Administrator 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 Regulations. 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, 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. “§ 1423. Payment of supplemental educational assistance under this subchapter “The Administrator 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. “Subchapter IV— Time Limitation for Use of Eligibility and Entitlement; General and Administrative Provisions “§ 1431. Time limitation for use of eligibility and entitlement “(a) Except as provided in subsections (b) through (d) 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 (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. “(b) In the case of any eligible individual who has been prevented, as determined by the Administrator, from pursuing a program of education under subchapter II or III of 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 such subchapter before (1) the nature of such individual’s discharge or release was changed by appropriate authority, 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 Ante, pp. 2554, 2555. described in section 141 l(a)(3) or 1412(a)(3) of this title, 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 Veterans’ Administration 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 Administrator shall prescribe, for such individual to initiate or resume pursuit of a program of education with educational assistance under this chapter. “(e) (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 this section, 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 regularly operated on the quarter or semester system and the period of such individual’s entitlement under this chapter would, under this section, 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. “1432. Limitation on educational assistance for certain individuals “(a) In the case of an individual entitled to educational assistance under this chapter who is pursuing a program of education— “(1) while on active duty; or “(2) on less than a half-time basis, the amount of the monthly educational assistance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section. “(b) The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the lesser of (1) the amount of the educational assistance allowance otherwise payable to such individual under this chapter, or (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay. “§ 1433. Bar to duplication of educational assistance benefits “(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, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive 38 USC 1500 et seq.; 1651 et seq.; 1700 et seq.: post, p. 2564; 10 USC 2141 et seq. assistance under both programs concurrently but shall elect (in such form and manner as the Administrator 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 38 USC 1651 et seq. before January 1, 1990. “(b) A period of service counted for purposes of repayment under section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note), of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter. “(c) An individual who is entitled to educational assistance under Post, p. 2564. Ante, p. 2555. chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title. “§ 1434. Program administration “(a) Except as otherwise provided in this chapter, the provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1682(g), and 1683 of this title and the provisions of subchapters I and II of chapter 36 of this 38 USC 1770, 1780. title (with the exception of sections 1777, 1780(a)(5), 1780(b), 1786, 1787, and 1792 of such chapter) shall be applicable to the provision of educational assistance under this chapter. The term ‘eligible veteran’, as used in those provisions, shall be deemed to include an individual who is eligible for educational assistance under this chapter. “(b) 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. “(c) 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. “§ 1435. Allocation of administration and of program costs “(a) Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by Ante, p. 2554. this chapter shall be administered by the Veterans’ Administration. “(b) (1) Except to the extent provided in paragraph (2) of this subsection, payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or otherwise available to, the Veterans’ Administration for the payment of readjustment benefits. “(2) Payments for entitlement earned under subchapter II of this chapter that is established under section 1415(c) of this title at a rate in excess of the rate prescribed under section 1415(a) of this title shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under section Post, p. 2568. 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 Transportation, as appropriate. “(d) Funds for the payment by the Administrator of benefits under this chapter that are to be paid from the Department of Defense Education Benefits Fund shall be transferred to the Veterans’ Administration from such Fund as necessary and in accordance with agreements entered into under section 2006 of title 10 by the Administrator, the Secretary of Defense, and the Secretary of the Treasury. Funds for the payment by the Administrator of benefits under this chapter that are to be paid from appropriations made to the Department of Transportation shall be transferred to the Veterans’ Administration as necessary. The Administrator and the Secretary of Transportation shall enter into an agreement for the manner in which such transfers are to be made. “§ 1436. Reporting requirement “(a) The Secretary of Defense and the Administrator 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 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, and (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 “(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. “(c) The Administrator 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 Administrator considers appropriate. “(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 Administrator under this section shall be submitted not later than January 1, 1988.”.

2. 1986

   Pub. L. 99–576 title III § 301(a) · 100 Stat. 3248

   Amended · 38 U.S.C. § 3002(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) In General.— Section 1402(3) is amended to read as follows: “(3) The term ‘program of education’— “(A) has the meaning given such term in section 1652(b) of this title, and “(B) includes a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2), as appropriate, of section 1787(a) of this title.”.

3. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 111(a)(1) · 102 Stat. 4161

   Substituted · 38 U.S.C. § 3002(3)(B)

   Pub. L. 100–689, § 111(a)(1), substituted “in the case of an individual who is not serving on active duty, includes” for “includes”

   Source evidence

   Code amendment note
   Par. (3)(B). Pub. L. 100–689, § 111(a)(1), substituted “in the case of an individual who is not serving on active duty, includes” for “includes”.

   Enacted provision · exact public law section
   (1) Section 1402(3)(B) is amended by striking out “includes” and inserting in lieu thereof “in the case of an individual who is not serving on active duty, includes”.

4. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 108(a)(1) · 102 Stat. 4161

   1. Inserted · 38 U.S.C. § 3002(3)(B)

      Pub. L. 100–689, § 108(a)(1), inserted cl. (i) designation

   2. Added · 38 U.S.C. § 3002(3)(B)

      Pub. L. 100–689, § 108(a)(1), added cl. (ii)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–689, § 108(a)(1), inserted cl. (i) designation and added cl. (ii).

   Enacted provision · exact public law section
   (1) Section 1402(3)(B) is amended— (A) by inserting “(i)” before “a full-time”; and (B) by inserting before the period at the end “, and (ii) a cooperative program (as defined in section 1682(a)(2) of this title)”.

5. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 title IV § 423(b)(3) · 103 Stat. 2062

   Amended · 38 U.S.C. § 3002(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (3) Section 1402(5) is amended to read as follows: “(5) The term ‘Secretary of Defense’ means the Secretary of Defense, except that it means the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.”.

6. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title V § 563(a) · 104 Stat. 1485

   Added · 38 U.S.C. § 3002(7)

   Pub. L. 101–510 added par. (7)

   Source evidence

   Code amendment note
   Par. (7). Pub. L. 101–510 added par. (7).

   Enacted provision · exact public law section
   (a) In General.— Section 1402 of title 38, United States Code, is amended by adding at end the following: “(7) The term ‘active duty’ includes full-time National Guard duty first performed after November 29, 1989, 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.”.

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 3002

   Pub. L. 102–83, § 5(a), renumbered section 1402 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 1402 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 3002(3)

      Pub. L. 102–83, § 5(c)(1), substituted “3452(b)” for “1652(b)” in subpar. (B)

   2. Substituted · 38 U.S.C. § 3002(3)

      Pub. L. 102–83, § 5(c)(1), substituted “3687(a)” for “1787(a)” in subpar. (B)

   3. Substituted · 38 U.S.C. § 3002(3)

      Pub. L. 102–83, § 5(c)(1), substituted “3482(a)(2)” for “1682(a)(2)” in subpar. (B)

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 102–83, § 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).

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

9. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 § 1677(d)(2)(A) · 108 Stat. 2663

   Substituted · 38 U.S.C. § 3002(4)

   Pub. L. 103–337, § 1677(d)(2)(A), substituted “section 10143(a) of title 10” for “section 268(b) of title 10”

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 103–337, § 1677(d)(2)(A), substituted “section 10143(a) of title 10” for “section 268(b) of title 10”.

   Enacted provision · exact public law section
   (A) in paragraph (4), by striking out “section 268(b) of title 10” and inserting in lieu thereof “section 10143(a) of title 10”; and

10. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1677(d)(2)(B) · 108 Stat. 2663

    Substituted · 38 U.S.C. § 3002(6)

    Pub. L. 103–337, § 1677(d)(2)(B), substituted “section 12103(d) of title 10” for “section 511(d) of title 10”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 103–337, § 1677(d)(2)(B), substituted “section 12103(d) of title 10” for “section 511(d) of title 10”.

    Enacted provision · exact public law section
    (B) in paragraph (6), by striking out “section 511(d) of title 10” and inserting in lieu thereof “section 12103(d) of title 10”.

11. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title VI § 603(b) · 108 Stat. 4645

    Added · 38 U.S.C. § 3002(8)

    Pub. L. 103–446 added par. (8)

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 103–446 added par. (8).

    Enacted provision · exact public law section
    (b) Clarifying Amendment.— Section 3002 is amended by adding 38 USC 3002. at the end the following new paragraph: “(8) The term ‘educational institution’ has the meaning given such term in section 3452(c) of this title.”.

12. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 title I § 107(a) · 110 Stat. 3322

    Substituted · 38 U.S.C. § 3002(7)

    Pub. L. 104–275 substituted “June 30, 1985” for “November 29, 1989”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 104–275 substituted “June 30, 1985” for “November 29, 1989”.

    Enacted provision · exact public law section
    (a) In General.— Paragraph (7) of section 3002 is amended by striking out “November 29, 1989” and inserting in lieu thereof “June 30, 1985”. 38 USC 3002 note.

13. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title VII § 701 · 113 Stat. 1545

    1. Added · 38 U.S.C. § 3002(3)(B); 38 U.S.C. § 3002(3)(C)

       Pub. L. 106–117 added subpar. (B)

    2. Redesignated · 38 U.S.C. § 3002(3)(B); 38 U.S.C. § 3002(3)(C)

       Pub. L. 106–117 redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Par. (3)(B), (C). Pub. L. 106–117 added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    SEC. 701. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR PREPARATORY COURSES FOR COLLEGE AND GRADUATE SCHOOL ENTRANCE EXAMS. Section 3002(3) is amended— (1) by striking “, and” at the end of subparagraph (A) and inserting a semicolon; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph (B): “(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”.

14. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(d) · 116 Stat. 2135

    Substituted · 38 U.S.C. § 3002(5)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (d) Title 38, United States Code.— Title 38, United States Code, is amended in sections 101(25)(d), 1560(a), 3002(5), 3002(a)(1)(A)(ii)(I), 3011(a)(1)(A)(ii)(II), 3011(a)(1)(B)(ii)(III), 3011(a)(1)(C)(iii)(II)(cc), 3012(b)(1)(A)(v), 3012(b)(1)(B)(ii)(V), 3018(b)(3)(B)(iv), 3018A(a)(3), 3018B(a)(1)(C), 3018B(a)(2)(C), 3018C(a)(5), 3020(m), 3035(b)(2), 3035(c), 3035(d), 3035(e), 3680A(g), and 6105(c) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

    Effective date note
    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.

15. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(e)(2) · 119 Stat. 3136

    Substituted · 38 U.S.C. § 3002(6)(C)

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”

    Source evidence

    Code amendment note
    Par. (6)(C). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

    Enacted provision · exact public law section
    (2) Section 3002(6)(C).

16. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 3(e)(2) · 136 Stat. 6121

    Added · 38 U.S.C. § 3002(9)

    Pub. L. 117–333 added par. (9)

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 117–333 added par. (9).

    Enacted provision · exact public law section
    (2) MGIB.— Section 3002 of such title is amended by adding at the end the following new paragraph: “(9) The term ‘emergency situation’ has the meaning given such term in section 3601 of this title.” .

20 of 20 references resolved to an enrolled provision