Title 38 — Veterans’ Benefits

Part III · Chapter 30 — All-Volunteer Force Educational Assistance Program

§ 3011. Basic educational assistance entitlement for service on active duty

Statutory text

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

who—

during the period beginning July 1, 1985, and ending September 30, 2030, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and—

who (I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or

who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (II) for the convenience of the Government, if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy;

as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title and was on active duty at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service and—

after June 30, 1985, serves at least three years of continuous active duty in the Armed Forces; or

after June 30, 1985, is discharged or released from active duty (I) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph; (II) for the convenience of the Government, if the individual completed not less than 30 months of continuous active duty after that date; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; or

as of December 31, 1989, was eligible for educational assistance benefits under chapter 34 of this title and—

was not on active duty on October 19, 1984;

reenlists or reenters on a period of active duty after October 19, 1984; and

on or after July 1, 1985, either—

serves at least three years of continuous active duty in the Armed Forces; or

is discharged or released from active duty (aa) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph, (bb) for the convenience of the Government, if the individual completed not less than 30 months of continuous active duty after that date, or (cc) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy;

who completes the requirements of a secondary school diploma (or equivalency certificate), or successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, before applying for benefits under this section; and

who, after completion of the service described in clause (1) of this subsection—

continues on active duty;

is discharged from active duty with an honorable discharge;

is released after service on active duty characterized by the Secretary concerned as honorable service and is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or

is released from active duty for further service in a reserve component of the Armed Forces or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10 after service on active duty characterized by the Secretary concerned as honorable service;

is entitled to basic educational assistance under this chapter.

Except as provided in paragraph (2), 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 begin after the date that is 270 days after the date on which the individual initially enters initial training.

In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate.

Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual.

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 during the 90-day period beginning on the day that is 180 days after the date on which the individual initially enters initial training. Any individual who makes such an election is not entitled to educational assistance under this chapter.

An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy is not eligible for educational assistance under this section.

An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under this section if the individual enters on active duty—

before October 1, 1996; or

after September 30, 1996, and while participating in such program received more than $3,400 for each year of such participation.

For purposes of this chapter, any period of service described in paragraphs (2) and (3) of this subsection shall not be considered a part of an obligated period of active duty on which an individual’s entitlement to assistance under this section is based.

The period of service referred to in paragraph (1) is any period terminated because of a defective enlistment and induction based on—

the individual’s being a minor for purposes of service in the Armed Forces;

an erroneous enlistment or induction; or

a defective enlistment agreement.

The period of service referred to in paragraph (1) is also any period of service on active duty which an individual in the Selected Reserve was ordered to perform under section 12301, 12302, 12304, 12306, or 12307 of title 10 for a period of less than 2 years.

Any individual eligible for educational assistance under this section who does not make an election under subsection (c)(1) may contribute amounts for purposes of receiving an increased amount of basic educational assistance as provided for under section 3015(g) of this title. Such contributions shall be in addition to any reductions in the basic pay of such individual under subsection (b).

An individual covered by paragraph (1) may make the contributions authorized by that paragraph at any time while on active duty, but not more frequently than monthly.

The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions shall be made in multiples of $20.

Contributions under this subsection shall be made to the Secretary of the military department concerned. That Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts.

For the purposes of this chapter, a member referred to in paragraph (2) or (3) of this subsection who serves the periods of active duty referred to in that paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in that paragraph.

This subsection applies to a member who—

after a period of continuous active duty of not more than 12 months, is discharged or released from active duty under subclause (I) or (III) of subsection (a)(1)(A)(ii) of this section; and

after such discharge or release, reenlists or re-enters on a period of active duty.

This subsection applies to a member who after a period of continuous active duty as an enlisted member or warrant officer, and following successful completion of officer training school, is discharged in order to accept, without a break in service, a commission as an officer in the Armed Forces for a period of active duty.

Notwithstanding section 3002(6)(A) of this title, a period during which an individual is assigned full time by the Armed Forces to a civilian institution for a course of education as described in such section 3002(6)(A) shall not be considered a break in service or a break in a continuous period of active duty of the individual for the purposes of this chapter.

Notwithstanding section 3002(6)(B) of this title, a member referred to in paragraph (2) of this subsection who serves the periods of active duty referred to in subparagraphs (A) and (C) of that paragraph shall be deemed to have served a continuous period of active duty whose length is the aggregate length of the periods of active duty referred to in such subparagraphs.

This subsection applies to a member who—

during the obligated period of active duty on which entitlement to assistance under this section is based, commences pursuit of a course of education—

at a service academy; or

at a post-secondary school for the purpose of preparation for enrollment at a service academy;

fails to complete the course of education; and

re-enters on a period of active duty.

The Secretary concerned shall inform any member of the Armed Forces who has not completed that member’s obligated period of active duty (as described in subsection (a)(1)(A)) and who indicates the intent to be discharged or released from such duty for the convenience of the Government of the minimum active duty requirements for entitlement to educational assistance benefits under this chapter. Such information shall be provided to the member in a timely manner.

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.

1984
Veterans’ Educational Assistance Act of 1984
Pub. L. 98–525 title VII § 702(a)(1) · 98 Stat. 2492
Enacted · 38 U.S.C. § 3011
Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1411
Source evidence
Code source credit
Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1411
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.”.
1985
Department of Defense Authorization Act, 1986
Pub. L. 99–145 title VI § 674(1) · 99 Stat. 583
Struck · 38 U.S.C. § 3011(a)(1)(B)
Pub. L. 99–145 struck out “and without a break in service on active duty since December 31, 1976,” after “chapter 34 of this title”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 99–145 struck out “and without a break in service on active duty since December 31, 1976,” after “chapter 34 of this title”.
Enacted provision · exact public law section
(1) in section 1411(a)(1)(B), by striking out “and without a 98 Stat. 2554. 38 USC 1411. break in service on active duty since December 31, 1976,”; and
1986
Pub. L. 99–576 § 702(8) · 100 Stat. 3248
Inserted · 38 U.S.C. § 3011(a)
Pub. L. 99–576, § 702(8), inserted a comma after “of this section”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–576, § 702(8), inserted a comma after “of this section”.
Enacted provision · exact public law section
(8) Section 1411(a) is amended by inserting a comma after “of this section” in the matter preceding clause (1).
1986
Pub. L. 99–576 § 321(1)(A) · 100 Stat. 3248
Inserted · 38 U.S.C. § 3011(a)(1)(A)(ii)(II)
Pub. L. 99–576, § 321(1)(A), inserted “continuous” after “months of” in two places
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii)(II). Pub. L. 99–576, § 321(1)(A), inserted “continuous” after “months of” in two places.
Enacted provision · exact public law section
(A) in clause (1)(A)(ii)(II), by inserting “continuous” after “months of” both places it appears; and
1986
Pub. L. 99–576 § 307(a)(1) · 100 Stat. 3248
Inserted · 38 U.S.C. § 3011(a)(1)(B)
Pub. L. 99–576, § 307(a)(1), inserted “and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 99–576, § 307(a)(1), inserted “and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,”.
Enacted provision · exact public law section
(1) Section 1411(a)(1)(B) is amended by inserting “and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,” after “title”.
1986
Pub. L. 99–576 § 321(1)(B) · 100 Stat. 3248
Inserted · 38 U.S.C. § 3011(a)(1)(B)(ii)(II)
Pub. L. 99–576, § 321(1)(B), inserted “continuous” after “months of”
Source evidence
Code amendment note
Subsec. (a)(1)(B)(ii)(II). Pub. L. 99–576, § 321(1)(B), inserted “continuous” after “months of”.
Enacted provision · exact public law section
(B) in clause (1)(B)(ii)(II), by inserting “continuous” after “months of”.
1986
Pub. L. 99–576 § 303(a)(1) · 100 Stat. 3248
Substituted · 38 U.S.C. § 3011(b)
Pub. L. 99–576, § 303(a)(1), substituted “Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual” for “Amounts withheld from basic pay under this subsection shall revert to the Treasury”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–576, § 303(a)(1), substituted “Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual” for “Amounts withheld from basic pay under this subsection shall revert to the Treasury”.
Enacted provision · exact public law section
(1) Section 1411(b) is amended by striking out the second sentence and inserting in lieu thereof the following: “Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual.”
1987
New GI Bill Continuation Act
Pub. L. 100–48 § 3(a) · 101 Stat. 331
Substituted · 38 U.S.C. § 3011(a)(1)(A)
Pub. L. 100–48 substituted “after June 30, 1985” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 100–48 substituted “after June 30, 1985” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”.
Enacted provision · exact public law section
(a) Active Duty Program.— Section 1411(a)(1)(A) of title 38, United States Code, is amended by striking out “during the period beginning on July 1, 1985, and ending on June 30, 1988,” and inserting in lieu thereof “after June 30, 1985,”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 111(a)(2)(A) · 102 Stat. 4161
Inserted · 38 U.S.C. § 3011(a)(1)(A)(i)(I)
Pub. L. 100–689, § 111(a)(2)(A), inserted “, as the individual’s initial obligated period of active duty,” after “serves”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(i)(I). Pub. L. 100–689, § 111(a)(2)(A), inserted “, as the individual’s initial obligated period of active duty,” after “serves”.
Enacted provision · exact public law section
(A) Section 1411(a)(1)(A)(i)(I) is amended by inserting “, as the individual’s initial obligated period of active duty,” after “serves”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 102(a) · 102 Stat. 4161
1. Inserted · 38 U.S.C. § 3011(a)(1)(A)(ii)
  Pub. L. 100–689, § 102(a), inserted in subcl. (I) “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”
2. Substituted · 38 U.S.C. § 3011(a)(1)(A)(ii)
  Pub. L. 100–689, § 102(a), substituted a semicolon for “, or” before subcl. (II)
3. Added · 38 U.S.C. § 3011(a)(1)(A)(ii)
  Pub. L. 100–689, § 102(a), added subcl. (III)
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii). Pub. L. 100–689, § 102(a), inserted in subcl. (I) “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”, substituted a semicolon for “, or” before subcl. (II), and added subcl. (III).
Enacted provision · exact public law section
(a) In General.— Section 1411(a)(1) is amended— (1) in clauses (A)(ii)(I) and (B)(ii)(I), by inserting after “disability” the following: “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”; (2) in clauses (A)(ii) and (B)(ii), by striking out “, or (II)” and inserting in lieu thereof “; (II)”; and (3) by inserting before “; or” at the end of clause (A)(ii) and before the semicolon at the end of clause (B)(ii) the following: “; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 102(a) · 102 Stat. 4161
1. Inserted · 38 U.S.C. § 3011(a)(1)(B)(ii)
  Pub. L. 100–689, § 102(a), inserted in subcl. (I) “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”
2. Substituted · 38 U.S.C. § 3011(a)(1)(B)(ii)
  Pub. L. 100–689, § 102(a), substituted a semicolon for “, or” before subcl. (II)
3. Added · 38 U.S.C. § 3011(a)(1)(B)(ii)
  Pub. L. 100–689, § 102(a), added subcl. (III)
Source evidence
Code amendment note
Subsec. (a)(1)(B)(ii). Pub. L. 100–689, § 102(a), inserted in subcl. (I) “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”, substituted a semicolon for “, or” before subcl. (II), and added subcl. (III).
Enacted provision · exact public law section
(a) In General.— Section 1411(a)(1) is amended— (1) in clauses (A)(ii)(I) and (B)(ii)(I), by inserting after “disability” the following: “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”; (2) in clauses (A)(ii) and (B)(ii), by striking out “, or (II)” and inserting in lieu thereof “; (II)”; and (3) by inserting before “; or” at the end of clause (A)(ii) and before the semicolon at the end of clause (B)(ii) the following: “; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 104(a) · 102 Stat. 4161
Amended · 38 U.S.C. § 3011(a)(2)
Pub. L. 100–689, § 104(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 100–689, § 104(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and”.
Enacted provision · exact public law section
(a) Active Duty Participants.— Clause (2) of section 1411(a) is amended to read as follows: “(2) who completed the requirements of a secondary school diploma (or equivalency certificate) not later than— “(A) the original ending date of the individual’s initial obligated period of active duty in the case of an individual described in clause (1)(A) of this subsection, regardless of whether the individual is discharged or released from active duty on such date; or “(B) December 31, 1989, in the case of an individual described in clause (1)(B) of this subsection; except that an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree; and”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 103(b)(1) · 102 Stat. 4161
Substituted · 38 U.S.C. § 3011(b)
Pub. L. 100–689, § 103(b)(1), substituted “reduced under this chapter” for “reduced under this subsection”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–689, § 103(b)(1), substituted “reduced under this chapter” for “reduced under this subsection”.
Enacted provision · exact public law section
(1) The second sentence of section 1411(b) and of section 1412(c) are each amended by striking out “subsection” and inserting in lieu thereof “chapter”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 111(a)(3) · 102 Stat. 4161
Added · 38 U.S.C. § 3011(d)
Pub. L. 100–689, § 111(a)(3), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–689, § 111(a)(3), added subsec. (d).
Enacted provision · exact public law section
(3) Section 1411 is amended by adding the following new subsection at the end: “(d) (1) For purposes of this chapter, any period of service described in paragraph (2) of this subsection shall not be considered a part of an individual’s initial obligated period of active duty. “(2) The period of service referred to in paragraph (1) is any period terminated because of a defective enlistment and induction based on— “(A) the individual’s being a minor for purposes of service in the Armed Forces; “(B) an erroneous enlistment or induction; or “(C) a defective enlistment agreement.”.
1989
Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3011(a)(1)(A)(ii); 38 U.S.C. § 3011(a)(1)(B)(ii)
Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.
Enacted provision · exact public law section
(A) by striking out “Administrator” each place it appears (other than in section 1652(b)) and inserting in lieu thereof “Secretary”; and
1989
Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 409 · 103 Stat. 2062
1. Inserted · 38 U.S.C. § 3011(a)(2)
  Pub. L. 101–237, § 409, in concluding provisions, inserted cl. (i) designation
2. Added · 38 U.S.C. § 3011(a)(2)
  Pub. L. 101–237, § 409, in concluding provisions, added cl. (ii)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 101–237, § 409, in concluding provisions, inserted cl. (i) designation and added cl. (ii).
Enacted provision · exact public law section
SEC. 409. SECONDARY SCHOOL REQUIREMENTS FOR MONTGOMERY GI BILL ELIGIBILITY. Sections 141 l(a)(2) and 1412(a)(2) are amended— (1) by inserting “(i)” after “except that”; and (2) by inserting before “; and” at the end the following: “, and (ii) an individual described in clause (1)(A) of this subsection may meet such requirement by having successfully completed the equivalent of such 12 semester hours before the end of the individual’s initial obligated period of active duty”.
1990
National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 § 562(a)(1) · 104 Stat. 1485
1. Substituted · 38 U.S.C. § 3011(a)(1)(A)(ii)(I)
  Pub. L. 101–510, § 562(a)(1), substituted “for” for “or for”
2. Inserted · 38 U.S.C. § 3011(a)(1)(A)(ii)(I)
  Pub. L. 101–510, § 562(a)(1), inserted “, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy” after “hardship”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii)(I). Pub. L. 101–510, § 562(a)(1), substituted “for” for “or for” and inserted “, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy” after “hardship”.
Enacted provision · exact public law section
(1) Subparagraph (A)(ii)(I) of section 1411(a)(1) of title 38, United States Code, is amended— (A) by striking out “or for” and inserting in lieu thereof “for”; and (B) by inserting after “hardship” the following: “, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy”.
1990
National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 § 562(a)(2) · 104 Stat. 1485
1. Substituted · 38 U.S.C. § 3011(a)(1)(B)(ii)(I)
  Pub. L. 101–510, § 562(a)(2), substituted “for” for “or for”
2. Inserted · 38 U.S.C. § 3011(a)(1)(B)(ii)(I)
  Pub. L. 101–510, § 562(a)(2), inserted “, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph” after “hardship”
Source evidence
Code amendment note
Subsec. (a)(1)(B)(ii)(I). Pub. L. 101–510, § 562(a)(2), substituted “for” for “or for” and inserted “, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph” after “hardship”.
Enacted provision · exact public law section
(2) Subparagraph (B)(ii)(I) of section 1411(a)(1) of such title is amended— (A) by striking out “or for” and inserting in lieu thereof “for”; and (B) by inserting after “hardship” the following: “, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph”.
1990
National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 § 562(b)(1) · 104 Stat. 1485
Substituted · 38 U.S.C. § 3011(d)(1)
Pub. L. 101–510, § 562(b)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 101–510, § 562(b)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.
Enacted provision · exact public law section
(1) in paragraph (1), by striking out “paragraph (2)” and inserting in lieu thereof “paragraphs (2) and (3)”; and
1990
National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 § 562(b)(2) · 104 Stat. 1485
Added · 38 U.S.C. § 3011(d)(3)
Pub. L. 101–510, § 562(b)(2), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 101–510, § 562(b)(2), added par. (3).
Enacted provision · exact public law section
(2) by adding at the end the following: “(3) The period of service referred to in paragraph (1) is also any period of service on active duty which an individual in the Selected Reserve was ordered to perform under section 672, 673, 673b, 674, or 675 of title 10 for a period of less than 2 years.”.
1991
Pub. L. 102–16 § 10(a)(1) · 105 Stat. 48
1. Added · 38 U.S.C. § 3011(a)(3)
  Pub. L. 102–16 added cls. (A) to (C)
2. Redesignated · 38 U.S.C. § 3011(a)(3)
  Pub. L. 102–16 redesignated former cl. (C) as (D)
3. Struck · 38 U.S.C. § 3011(a)(3)
  Pub. L. 102–16 struck out former cls. (A) and (B) which read as follows:
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 102–16 added cls. (A) to (C), redesignated former cl. (C) as (D), and struck out former cls. (A) and (B) which read as follows:
“(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; “(B) continues on active duty; or”.
Enacted provision · exact public law section
(1) Section 1411(a)(3) is amended— (A) by redesignating clause (C) as clause (D); and (B) by striking out clauses (A) and (B) and inserting in lieu thereof the following: “(A) continues on active duty; “(B) is discharged from active duty with an honorable discharge; “(C) is released after service on active duty characterized by the Secretary concerned as honorable service and is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or”.
1991
Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3011
Pub. L. 102–83 renumbered section 1411 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 1411 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.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 302(a)(1) · 106 Stat. 4320
Substituted · 38 U.S.C. § 3011(a)(1)(B)
Pub. L. 102–568, § 302(a)(1), substituted “at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service” for “on October 19, 1984, and without a break in service since October 19, 1984,”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 102–568, § 302(a)(1), substituted “at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service” for “on October 19, 1984, and without a break in service since October 19, 1984,”.
Enacted provision · exact public law section
(1) in section 3011(a)(1)(B), by striking out “on October 19, 1984,” and all that follows through “and—”and inserting in lieu thereof “at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service and—”;
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 303(a)(1)(A) · 106 Stat. 4320
Inserted · 38 U.S.C. § 3011(a)(2)
Pub. L. 102–568, § 303(a)(1)(A), inserted “, except as provided in subsection (e) of this section,” after “who”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 102–568, § 303(a)(1)(A), inserted “, except as provided in subsection (e) of this section,” after “who”.
Enacted provision · exact public law section
(A) in subsection (a)(2), by inserting “, except as provided in subsection (e) of this section,” after “who”; and
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 303(a)(1)(B) · 106 Stat. 4320
Added · 38 U.S.C. § 3011(e)
Pub. L. 102–568, § 303(a)(1)(B), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–568, § 303(a)(1)(B), added subsec. (e).
Enacted provision · exact public law section
(B) by adding at the end thereof the following new subsection: “(e) For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before the end of the 24-month period beginning on the date of the enactment of this subsection shall be considered to have completed such requirements within the individual’s initial obligated period of active duty.”.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 304(a) · 106 Stat. 4320
Added · 38 U.S.C. § 3011(f)
Pub. L. 102–568, § 304(a), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 102–568, § 304(a), added subsec. (f).
Enacted provision · exact public law section
(a) Treatment of Service.— Section 3011 (as amended by section 303) is further amended by adding at the end the following new subsection: “(f) (1) For the purposes of this chapter, a member referred to in paragraph (2) of this subsection who serves the periods of active duty referred to in that paragraph shall be deemed to have served a continuous period of active duty whose length is the aggregate length of the periods of active duty referred to in that paragraph. “(2) This subsection applies to a member who— “(A) after a period of continuous active duty of not more than 12 months, is discharged or released from active duty under subclause (I) or (III) of subsection (a)(1)(A)(ii) of this section; and “(B) after such discharge or release, reenlists or re-enters on a period of active duty.”.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 305(a) · 106 Stat. 4320
Added · 38 U.S.C. § 3011(g)
Pub. L. 102–568, § 305(a), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 102–568, § 305(a), added subsec. (g).
Enacted provision · exact public law section
(a) Treatment.— Section 3011 (as amended by sections 303 and 304) is further amended by adding at the end the following new subsection: “(g) Notwithstanding section 3002(6)(A) of this title, a period during which an individual is assigned full time by the Armed Forces to a civilian institution for a course of education as described in such section 3002(6)(A) shall not be considered a break in service or a break in a continuous period of active duty of the individual for the purposes of this chapter.”.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 306(a) · 106 Stat. 4320
Added · 38 U.S.C. § 3011(h)
Pub. L. 102–568, § 306(a), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 102–568, § 306(a), added subsec. (h).
Enacted provision · exact public law section
(a) Active Duty.— Section 3011 (as amended by sections 303, 304, and 305) is further amended by adding at the end the following new subsection: “(h) (1) Notwithstanding section 3002(6)(B) of this title, a member referred to in paragraph (2) of this subsection who serves the periods of active duty referred to in subparagraphs (A) and (C) of that paragraph shall be deemed to have served a continuous period of active duty whose length is the aggregate length of the periods of active duty referred to in such subparagraphs. “(2) This subsection applies to a member who— “(A) during an initial period of active duty, commences pursuit of a course of education— “(i) at a service academy; or “(ii) at a post-secondary school for the purpose of preparation for enrollment at a service academy; “(B) fails to complete the course of education; and “(C) re-enters on a period of active duty.”.
1994
Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 § 1201(f)(2) · 108 Stat. 4645
Substituted · 38 U.S.C. § 3011(e)
Pub. L. 103–446, § 1201(f)(2), substituted “October 28, 1994,” for “the end of the 24-month period beginning on the date of the enactment of this subsection”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–446, § 1201(f)(2), substituted “October 28, 1994,” for “the end of the 24-month period beginning on the date of the enactment of this subsection”.
Enacted provision · exact public law section
(2) Sections 3011(e) and 3012(f) are amended by striking out 38 USC 3011, 3012. “the end of the 24-month period beginning on the date of the enactment of this subsection” and inserting in lieu thereof “October 28, 1994,”.
1994
Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 § 1201(e)(10) · 108 Stat. 4645
Substituted · 38 U.S.C. § 3011(f)(1)
Pub. L. 103–446, § 1201(e)(10), substituted “the length of which” for “whose length”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 103–446, § 1201(e)(10), substituted “the length of which” for “whose length”.
Enacted provision · exact public law section
(10) Section 3011(f)(1) is amended by striking out “whose 38 USC 3011. length” and inserting in lieu thereof “the length of which”.
1996
National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title XV § 1501(e)(2)(A) · 110 Stat. 186
Substituted · 38 U.S.C. § 3011(d)(3)
Pub. L. 104–106 substituted “section 12301, 12302, 12304, 12306, or 12307 of title 10” for “section 672, 673, 673b, 674, or 675 of title 10”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 104–106 substituted “section 12301, 12302, 12304, 12306, or 12307 of title 10” for “section 672, 673, 673b, 674, or 675 of title 10”.
Enacted provision · exact public law section
(A) in section 3011(d)(3), by striking out “section 672, 673, 673b, 674, or 675 of title 10” and inserting in lieu thereof “section 12301, 12302, 12304, 12306, or 12307 of title 10”;
1996
National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 556(a)(1) · 110 Stat. 2422
Struck · 38 U.S.C. § 3011(c)(2)
Pub. L. 104–201, § 556(a)(1), struck out “or upon completion of a program of educational assistance under section 2107 of title 10” after “Coast Guard Academy”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 104–201, § 556(a)(1), struck out “or upon completion of a program of educational assistance under section 2107 of title 10” after “Coast Guard Academy”.
Enacted provision · exact public law section
(1) by striking out “or upon completion of a program of educational assistance under section 2107 of title 10” in paragraph (2); and
1996
National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 556(a)(2) · 110 Stat. 2422
Added · 38 U.S.C. § 3011(c)(3)
Pub. L. 104–201, § 556(a)(2), added par. (3)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 104–201, § 556(a)(2), added par. (3).
Enacted provision · exact public law section
(2) by adding at the end the following: “(3) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under this section if the individual enters on active duty— “(A) before October 1, 1996; or “(B) after September 30, 1996, and while participating in such program received more than $2,000 for each year of such participation.”.
1998
Pub. L. 105–368 § 203(a) · 112 Stat. 3315
Substituted · 38 U.S.C. § 3011(a)(2)
Pub. L. 105–368, § 203(a), substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed” in two places in concluding provisions
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–368, § 203(a), substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed” in two places in concluding provisions.
Enacted provision · exact public law section
(a) In General.— The following sections of chapter 30 are each amended by striking “successfully completed” each place it appears and inserting “successfully completed (or otherwise received academic credit for)”: sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii), 3018A(a)(2), 3018B(a)(2)(B), 3018B(a)(2)(B), and 3018C(a)(3).
1998
Pub. L. 105–368 § 207(a) · 112 Stat. 3315
Added · 38 U.S.C. § 3011(i)
Pub. L. 105–368, § 207(a), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 105–368, § 207(a), added subsec. (i).
Enacted provision · exact public law section
(a) Active Duty Program.— Section 3011 is amended by adding at the end the following new subsection: “(i) The Secretary concerned shall inform any member of the Armed Forces who has not completed that member’s initial obligated period of active duty (as described in subsection (a)(1)(A)) and who indicates the intent to be discharged or released from such duty for the convenience of the Federal Government of the minimum active duty requirements for entitlement to educational assistance benefits under this chapter. Such information shall be provided to the member in a timely manner.”.
1999
Veterans Millennium Health Care and Benefits Act
Pub. L. 106–117 § 702(a)(1) · 113 Stat. 1545
Substituted · 38 U.S.C. § 3011(f)(1)
Pub. L. 106–117, § 702(a)(1), substituted “paragraph (2) or (3)” for “paragraph (2)”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 106–117, § 702(a)(1), substituted “paragraph (2) or (3)” for “paragraph (2)”.
Enacted provision · exact public law section
(1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraph (2) or (3)”; and
1999
Veterans Millennium Health Care and Benefits Act
Pub. L. 106–117 § 702(a)(2) · 113 Stat. 1545
Added · 38 U.S.C. § 3011(f)(3)
Pub. L. 106–117, § 702(a)(2), added par. (3)
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 106–117, § 702(a)(2), added par. (3).
Enacted provision · exact public law section
(2) by adding at the end the following new paragraph: “(3) This subsection applies to a member who after a period Applicability. of continuous active duty as an enlisted member or warrant officer, and following successful completion of officer training school, is discharged in order to accept, without a break in service, a commission as an officer in the Armed Forces for a period of active duty.”.
1999
Veterans Millennium Health Care and Benefits Act
Pub. L. 106–117 § 704 · 113 Stat. 1545
Struck · 38 U.S.C. § 3011(i)
Pub. L. 106–117, § 704, struck out “Federal” before “Government”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 106–117, § 704, struck out “Federal” before “Government”.
Enacted provision · exact public law section
SEC. 704. TECHNICAL AMENDMENTS. Sections 3011(i) and 3012(g)(1) are amended by striking “Federal”.
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(a)(1)(A) · 114 Stat. 1822
1. Added · 38 U.S.C. § 3011(a)(1)(A)(i)
  Pub. L. 106–419, § 103(a)(1)(A), added cl. (i)
2. Struck · 38 U.S.C. § 3011(a)(1)(A)(i)
  Pub. L. 106–419, § 103(a)(1)(A), struck out former cl. (i) which read as follows: “who (I) serves, as the individual’s initial obligated period of active duty, at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose initial period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(i). Pub. L. 106–419, § 103(a)(1)(A), added cl. (i) and struck out former cl. (i) which read as follows: “who (I) serves, as the individual’s initial obligated period of active duty, at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose initial period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or”.
Enacted provision · exact public law section
(A) by striking clause (i) and inserting the following new clause (i): “(i) who serves an obligated period of active duty of at least two years of continuous active duty in the Armed Forces; or”; and
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(a)(1)(B) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3011(a)(1)(A)(ii)(II)
Pub. L. 106–419, § 103(a)(1)(B), substituted “if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service” for “in the case of an individual who completed not less than 20 months of continuous active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of continuous active duty if the initial obligated period of active duty of the individual was at least three years”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii)(II). Pub. L. 106–419, § 103(a)(1)(B), substituted “if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service” for “in the case of an individual who completed not less than 20 months of continuous active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of continuous active duty if the initial obligated period of active duty of the individual was at least three years”.
Enacted provision · exact public law section
(B) in clause (ii)(II), by striking “in the case of an individual who completed not less than 20 months” and all that follows through “was at least three years” and inserting “if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service”;
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 102(a)(1)(A) · 114 Stat. 1822
1. Added · 38 U.S.C. § 3011(a)(2)
  Pub. L. 106–419, § 102(a)(1)(A), added par. (2)
2. Struck · 38 U.S.C. § 3011(a)(2)
  Pub. L. 106–419, § 102(a)(1)(A), struck out former par. (2) which read as follows: “who, except as provided in subsection (e) of this section, completed the requirements of a secondary school diploma (or equivalency certificate) not later than—
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 106–419, § 102(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: “who, except as provided in subsection (e) of this section, completed the requirements of a secondary school diploma (or equivalency certificate) not later than—
“(A) the original ending date of the individual’s initial obligated period of active duty in the case of an individual described in clause (1)(A) of this subsection, regardless of whether the individual is discharged or released from active duty on such date; or “(B) December 31, 1989, in the case of an individual described in clause (1)(B) of this subsection; except that (i) an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, and (ii) an individual described in clause (1)(A) of this subsection may meet such requirement by having successfully completed (or otherwise received academic credit for) the equivalent of such 12 semester hours before the end of the individual’s initial obligated period of active duty; and”.
Enacted provision · exact public law section
(A) in subsection (a), by striking paragraph (2) and inserting the following new paragraph (2): “(2) who completes the requirements of a secondary school diploma (or equivalency certificate), or successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, before applying for benefits under this section; and”; and
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(a)(2) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3011(d)(1)
Pub. L. 106–419, § 103(a)(2), substituted “obligated period of active duty on which an individual’s entitlement to assistance under this section is based” for “individual’s initial obligated period of active duty”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 106–419, § 103(a)(2), substituted “obligated period of active duty on which an individual’s entitlement to assistance under this section is based” for “individual’s initial obligated period of active duty”.
Enacted provision · exact public law section
(2) in subsection (d)(1), by striking “individual’s initial obligated period of active duty” and inserting “obligated period of active duty on which an individual’s entitlement to assistance under this section is based”;
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 105(a)(1) · 114 Stat. 1822
Added · 38 U.S.C. § 3011(e)
Pub. L. 106–419, § 105(a)(1), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–419, § 105(a)(1), added subsec. (e).
Enacted provision · exact public law section
(1) Section 3011, as amended by section102(a)(1)(B), is amended by inserting after subsection (d) the following new subsection (e): “(e) (1) Any individual eligible for educational assistance under this section who does not make an election under subsection (c)(1)may contribute amounts for purposes of receiving an increased amount of basic educational assistance as provided for under section 3015(g) of this title. Such contributions shall be in addition to any reductions in the basic pay of such individual under subsection (b). “(2) An individual covered by paragraph (1) may make the contributions authorized by that paragraph at any time while on active duty. “(3) The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions shall be made in multiples of $4. “(4) Contributions under this subsection shall be made to the Secretary. The Secretary shall deposit any amounts received by the Secretary as contributions under this subsection into the Treasury as miscellaneous receipts.”.
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 102(a)(1)(B) · 114 Stat. 1822
Struck · 38 U.S.C. § 3011(e)
Pub. L. 106–419, § 102(a)(1)(B), struck out subsec. (e) which read as follows: “For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before October 28, 1994, shall be considered to have completed such requirements within the individual’s initial obligated period of active duty.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–419, § 102(a)(1)(B), struck out subsec. (e) which read as follows: “For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before October 28, 1994, shall be considered to have completed such requirements within the individual’s initial obligated period of active duty.”
Enacted provision · exact public law section
(B) by striking subsection (e).
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(a)(3) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3011(h)(2)(A)
Pub. L. 106–419, § 103(a)(3), substituted “during the obligated period of active duty on which entitlement to assistance under this section is based,” for “during an initial period of active duty,”
Source evidence
Code amendment note
Subsec. (h)(2)(A). Pub. L. 106–419, § 103(a)(3), substituted “during the obligated period of active duty on which entitlement to assistance under this section is based,” for “during an initial period of active duty,”.
Enacted provision · exact public law section
(3) in subsection (h)(2)(A), by striking “during an initial period of active duty,” and inserting “during the obligated period of active duty on which entitlement to assistance under this section is based,”; and
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(a)(4) · 114 Stat. 1822
Struck · 38 U.S.C. § 3011(i)
Pub. L. 106–419, § 103(a)(4), struck out “initial” before “obligated period”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 106–419, § 103(a)(4), struck out “initial” before “obligated period”.
Enacted provision · exact public law section
(4) in subsection (i), by striking “initial”.
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(a)(1) · 115 Stat. 25
Substituted · 38 U.S.C. § 3011(a)(1)(A)(i)
Pub. L. 107–14, § 7(a)(1), substituted “(I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves” for “serves an obligated period of active duty of”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(i). Pub. L. 107–14, § 7(a)(1), substituted “(I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves” for “serves an obligated period of active duty of”.
Enacted provision · exact public law section
(1) In general.— Clause (i) of section 3011(a)(1)(A), as amended by section 103(a)(1)(A) of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419; 114 Stat. 1825), is amended by striking “serves an obligated period of active duty of” and inserting “(I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves”.
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(c)(1)(A) · 115 Stat. 25
Inserted · 38 U.S.C. § 3011(e)(2)
Pub. L. 107–14, § 7(c)(1)(A), inserted “, but not more frequently than monthly” before period
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 107–14, § 7(c)(1)(A), inserted “, but not more frequently than monthly” before period.
Enacted provision · exact public law section
(A) in paragraph (2), by inserting but not more frequently than monthly” before the period;
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(c)(1)(B) · 115 Stat. 25
Substituted · 38 U.S.C. § 3011(e)(3)
Pub. L. 107–14, § 7(c)(1)(B), substituted “multiples of $20” for “multiples of $4”
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 107–14, § 7(c)(1)(B), substituted “multiples of $20” for “multiples of $4”.
Enacted provision · exact public law section
(B) in paragraph (3), by striking “$4” and inserting “$20”; and
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(c)(1)(C) · 115 Stat. 25
1. Substituted · 38 U.S.C. § 3011(e)(4)
  Pub. L. 107–14, § 7(c)(1)(C), substituted “Secretary of the military department concerned. That” for “Secretary. The”
2. Struck · 38 U.S.C. § 3011(e)(4)
  Pub. L. 107–14, § 7(c)(1)(C), struck out “by the Secretary” after “any amounts received”
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 107–14, § 7(c)(1)(C), substituted “Secretary of the military department concerned. That” for “Secretary. The” and struck out “by the Secretary” after “any amounts received”.
Enacted provision · exact public law section
(C) in paragraph (4)— (i) by striking “Secretary. The” and inserting “Secretary of the military department concerned. That”; and (ii) by striking “by the Secretary”.
2001
Veterans Education and Benefits Expansion Act of 2001
Pub. L. 107–103 § 105(a) · 115 Stat. 976
Added · 38 U.S.C. § 3011(a)(1)(C)
Pub. L. 107–103, § 105(a), added subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 107–103, § 105(a), added subpar. (C).
Enacted provision · exact public law section
(a) Active Duty Program.— Section 3011(a)(1) is amended— (1) by striking “or” at the end of subparagraph (A); (2) by adding “or” at the end of subparagraph (B); and (3) by adding at the end the following new subparagraph: “(C) as of December 31, 1989, was eligible for educational assistance benefits under chapter 34 of this title and— “(i) was not on active duty on October 19, 1984; “(ii) reenlists or reenters on a period of active duty on or after October 19, 1984; and “(iii) on or after July 1, 1985, either— “(I) serves at least three years of continuous active duty in the Armed Forces; or “(II) is discharged or released from active duty (aa) for a service-connected disability, for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph, (bb) for the convenience of the Government, if the individual completed not less than 30 months of continuous active duty after that date, or (cc) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy;”.
2001
Veterans Education and Benefits Expansion Act of 2001
Pub. L. 107–103 § 106(a) · 115 Stat. 976
Substituted · 38 U.S.C. § 3011(c)(3)(B)
Pub. L. 107–103, § 106(a), substituted “$3,400” for “$2,000”
Source evidence
Code amendment note
Subsec. (c)(3)(B). Pub. L. 107–103, § 106(a), substituted “$3,400” for “$2,000”.
Enacted provision · exact public law section
(a) In General.— Sections 3011(c)(3)(B) and 3012(d)(3)(B) are each amended by striking “$2,000” and inserting “$3,400”.
2002
Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(d) · 116 Stat. 2135
Substituted · 38 U.S.C. § 3011(a)(1)(A)(ii)(I)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii)(I). 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”.
2002
Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(d) · 116 Stat. 2135
1. Amended · 38 U.S.C. § 3011(a)(1)(A)(ii)(III)
  Pub. L. 107–296, as amended by Pub. L. 109–461, § 1004(b)(2)
2. Substituted · 38 U.S.C. § 3011(a)(1)(A)(ii)(III)
  Pub. L. 107–296, as substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii)(III). Pub. L. 107–296, as amended by Pub. L. 109–461, § 1004(b)(2), 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”.
2002
Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(d) · 116 Stat. 2135
Substituted · 38 U.S.C. § 3011(a)(1)(B)(ii)(III)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsec. (a)(1)(B)(ii)(III). 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”.
2002
Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(d) · 116 Stat. 2135
Substituted · 38 U.S.C. § 3011(a)(1)(C)(iii)(II)(cc)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsec. (a)(1)(C)(iii)(II)(cc). 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”.
2002
Pub. L. 107–330 title III § 308(a) · 116 Stat. 2820
Struck · 38 U.S.C. § 3011(a)(1)(C)(ii)
Pub. L. 107–330 struck out “on or” after “active duty”
Source evidence
Code amendment note
Subsec. (a)(1)(C)(ii). Pub. L. 107–330 struck out “on or” after “active duty”.
Enacted provision · exact public law section
(a) Eligibility of Certain Additional Vietnam Era Veterans for Education Benefits.— Section 3011(a)(1)(C)(ii) is amended by striking “on or”.
2004
Veterans Earn and Learn Act of 2004
Pub. L. 108–454 title I § 109(a) · 118 Stat. 3598
1. Substituted · 38 U.S.C. § 3011(b)
  Pub. L. 108–454 substituted “(1) Except as provided in paragraph (2), the basic pay” for “The basic pay”
2. Added · 38 U.S.C. § 3011(b)
  Pub. L. 108–454 added par. (2)
3. Amended · 38 U.S.C. § 3011(b)
  Pub. L. 108–454 designated second sentence of existing provisions as par. (3)
4. Substituted · 38 U.S.C. § 3011(b)
  Pub. L. 108–454 substituted “this subsection” for “this chapter”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 108–454 substituted “(1) Except as provided in paragraph (2), the basic pay” for “The basic pay”, added par. (2), and designated second sentence of existing provisions as par. (3) and substituted “this subsection” for “this chapter”.
Enacted provision · exact public law section
(a) Active Duty Program.— Section 3011(b) is amended— (1) by striking “The basic pay” and inserting “(1) Except as provided in paragraph (2), the basic pay”; (2) by designating the second sentence as paragraph (3) and in that paragraph by striking “this chapter” and inserting “this subsection”; and (3) by inserting after paragraph (1), as so designated, the following new paragraph: “(2) In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate.” .
2006
Pub. L. 109–444 § 8(b)(2) · 120 Stat. 3304
Changed · 38 U.S.C. § 3011(a)(1)(A)(ii)(III)
Pub. L. 109–444, which made amendment identical to the amendment made by Pub. L. 109–461, § 1004(b)(2), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, which made amendment identical to the amendment made by Pub. L. 109–461, § 1004(b)(2), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Enacted provision · exact public law section
(2) 38 USC 3011. by striking “3011(a)(1)(A)(ii)(II)” and inserting “3011(a)(1)(A)(ii)(III)”.
2006
Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 1006(b) · 120 Stat. 3403
Changed · 38 U.S.C. § 3011(a)(1)(A)(ii)(III)
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii)(III). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Enacted provision · exact public law section
(b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.
2006
Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 1004(b)(2) · 120 Stat. 3403
Changed · 38 U.S.C. § 3011(a)(1)(A)(ii)(III)
Pub. L. 109–461, § 1004(b)(2), made technical amendment to directory language of Pub. L. 107–296. See 2002 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–461, § 1004(b)(2), made technical amendment to directory language of Pub. L. 107–296. See 2002 Amendment note below.
Enacted provision · exact public law section
(2) 38 USC 3011. by striking “3011(a)(1)(A)(ii)(II)” and inserting “3011(a)(1)(A)(ii)(III)”.
2008
Hubbard Act
Pub. L. 110–317 § 6(c)(1) · 122 Stat. 3526
Inserted · 38 U.S.C. § 3011(a)(1)(A)(ii); 38 U.S.C. § 3011(a)(1)(B)(ii); 38 U.S.C. § 3011(a)(C)(iii)(II)
Pub. L. 110–317 inserted “by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),” after “service-connected disability,”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii), (B)(ii), (C)(iii)(II). Pub. L. 110–317 inserted “by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),” after “service-connected disability,”.
Enacted provision · exact public law section
(1) Service on active duty.— Section 3011(a)(1) of such title is amended— (A) in subparagraph (A)(ii), by inserting after “service-connected disability,” the following: “by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),”; (B) in subparagraph (B)(ii), by inserting after “service-connected disability,” the following: “by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),”; and (C) in subparagraph (C)(iii)(II), by inserting after “service-connected disability,” the following: “by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),”.
2021
Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 1004 · 134 Stat. 4932
Substituted · 38 U.S.C. § 3011(a)(1)(A)
Pub. L. 116–315, § 1004, substituted “during the period beginning July 1, 1985, and ending September 30, 2030” for “after June 30, 1985”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 116–315, § 1004, substituted “during the period beginning July 1, 1985, and ending September 30, 2030” for “after June 30, 1985”.
Enacted provision · exact public law section
SEC. 1004. PHASE OUT OF ALL-VOLUNTEER EDUCATIONAL ASSISTANCE PROGRAM. Subsection (a)(1)(A) of section 3011 of title 38, United States Code, is amended by striking “after June 30, 1985” and inserting “during the period beginning July 1, 1985, and ending September 30, 2030”.
Effective date note
Pub. L. 116–315, title I, § 1003(b), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”
2021
Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 1003(a)(2) · 134 Stat. 4932
Substituted · 38 U.S.C. § 3011(b)(1)
Pub. L. 116–315, § 1003(a)(2), substituted “that begin after the date that is 270 days after the date on which the individual initially enters initial training” for “that such individual is entitled to such pay”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 116–315, § 1003(a)(2), substituted “that begin after the date that is 270 days after the date on which the individual initially enters initial training” for “that such individual is entitled to such pay”.
Enacted provision · exact public law section
(2) in subsection (b)(1), by striking “that such individual is entitled to such pay” and inserting “that begin after the date that is 270 days after the date on which the individual initially enters initial training”.
Effective date note
Pub. L. 116–315, title I, § 1003(b), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”
2021
Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 1003(a)(1) · 134 Stat. 4932
Substituted · 38 U.S.C. § 3011(c)(1)
Pub. L. 116–315, § 1003(a)(1), substituted “Any such election shall be made during the 90-day period beginning on the day that is 180 days after the date on which the individual initially enters initial training” for “Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 116–315, § 1003(a)(1), substituted “Any such election shall be made during the 90-day period beginning on the day that is 180 days after the date on which the individual initially enters initial training” for “Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces”.
Enacted provision · exact public law section
(1) in subsection (c)(1), by striking “Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces” and inserting “Any such election shall be made during the 90-day period beginning on the day that is 180 days after the date on which the individual initially enters initial training”; and
Effective date note
Pub. L. 116–315, title I, § 1003(b), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”
2023
Space Force Personnel Management Act
Pub. L. 118–31 div. A title XVII § 1723(c)(1) · 137 Stat. 136
Changed · 38 U.S.C. § 3011(a)(3)(D)
Pub. L. 118–31, which directed insertion of “or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10” after “of the Armed Forces,”, was executed by making the insertion after “of the Armed Forces” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (a)(3)(D). Pub. L. 118–31, which directed insertion of “or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10” after “of the Armed Forces,”, was executed by making the insertion after “of the Armed Forces” to reflect the probable intent of Congress.
Enacted provision · exact public law section
(1) Montgomery gi bill.— Section 3011(a)(3)(D) of such title 38 USC 3011. is amended by inserting “or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10” after “of the Armed Forces,”.

82 of 82 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

Prior section 3011 was renumbered section 5111 of this title.

Another prior section 3011, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227; Pub. L. 86–490, June 8, 1960, 74 Stat. 161, related to the effective date of an award of increased compensation, dependency and indemnity compensation, or pension, prior to repeal by Pub. L. 87–825, § 5(a), Oct. 15, 1962, 76 Stat. 950.

Amendments1985–2023 · 20 rounds

2023

Subsec. (a)(3)(D). Pub. L. 118–31, which directed insertion of “or for further service in the Space Force in a space force active status not on sustained duty under section 20105 of title 10” after “of the Armed Forces,”, was executed by making the insertion after “of the Armed Forces” to reflect the probable intent of Congress.

2021

Subsec. (a)(1)(A). Pub. L. 116–315, § 1004, substituted “during the period beginning July 1, 1985, and ending September 30, 2030” for “after June 30, 1985”.

Subsec. (b)(1). Pub. L. 116–315, § 1003(a)(2), substituted “that begin after the date that is 270 days after the date on which the individual initially enters initial training” for “that such individual is entitled to such pay”.

Subsec. (c)(1). Pub. L. 116–315, § 1003(a)(1), substituted “Any such election shall be made during the 90-day period beginning on the day that is 180 days after the date on which the individual initially enters initial training” for “Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces”.

2008

Subsec. (a)(1)(A)(ii), (B)(ii), (C)(iii)(II). Pub. L. 110–317 inserted “by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10),” after “service-connected disability,”.

2006

Subsec. (a)(1)(A)(ii)(III). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Pub. L. 109–461, § 1004(b)(2), made technical amendment to directory language of Pub. L. 107–296. See 2002 Amendment note below.

Pub. L. 109–444, which made amendment identical to the amendment made by Pub. L. 109–461, § 1004(b)(2), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

2004

Subsec. (b). Pub. L. 108–454 substituted “(1) Except as provided in paragraph (2), the basic pay” for “The basic pay”, added par. (2), and designated second sentence of existing provisions as par. (3) and substituted “this subsection” for “this chapter”.

2002

Subsec. (a)(1)(A)(ii)(I). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Subsec. (a)(1)(A)(ii)(III). Pub. L. 107–296, as amended by Pub. L. 109–461, § 1004(b)(2), substituted “of Homeland Security” for “of Transportation”.

Subsec. (a)(1)(B)(ii)(III). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Subsec. (a)(1)(C)(ii). Pub. L. 107–330 struck out “on or” after “active duty”.

Subsec. (a)(1)(C)(iii)(II)(cc). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

2001

Subsec. (a)(1)(A)(i). Pub. L. 107–14, § 7(a)(1), substituted “(I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves” for “serves an obligated period of active duty of”.

Subsec. (a)(1)(C). Pub. L. 107–103, § 105(a), added subpar. (C).

Subsec. (c)(3)(B). Pub. L. 107–103, § 106(a), substituted “$3,400” for “$2,000”.

Subsec. (e)(2). Pub. L. 107–14, § 7(c)(1)(A), inserted “, but not more frequently than monthly” before period.

Subsec. (e)(3). Pub. L. 107–14, § 7(c)(1)(B), substituted “multiples of $20” for “multiples of $4”.

Subsec. (e)(4). Pub. L. 107–14, § 7(c)(1)(C), substituted “Secretary of the military department concerned. That” for “Secretary. The” and struck out “by the Secretary” after “any amounts received”.

2000

Subsec. (a)(1)(A)(i). Pub. L. 106–419, § 103(a)(1)(A), added cl. (i) and struck out former cl. (i) which read as follows: “who (I) serves, as the individual’s initial obligated period of active duty, at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose initial period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or”.

Subsec. (a)(1)(A)(ii)(II). Pub. L. 106–419, § 103(a)(1)(B), substituted “if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service” for “in the case of an individual who completed not less than 20 months of continuous active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of continuous active duty if the initial obligated period of active duty of the individual was at least three years”.

Subsec. (a)(2). Pub. L. 106–419, § 102(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: “who, except as provided in subsection (e) of this section, completed the requirements of a secondary school diploma (or equivalency certificate) not later than—

“(A) the original ending date of the individual’s initial obligated period of active duty in the case of an individual described in clause (1)(A) of this subsection, regardless of whether the individual is discharged or released from active duty on such date; or

“(B) December 31, 1989, in the case of an individual described in clause (1)(B) of this subsection;

except that (i) an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, and (ii) an individual described in clause (1)(A) of this subsection may meet such requirement by having successfully completed (or otherwise received academic credit for) the equivalent of such 12 semester hours before the end of the individual’s initial obligated period of active duty; and”.

Subsec. (d)(1). Pub. L. 106–419, § 103(a)(2), substituted “obligated period of active duty on which an individual’s entitlement to assistance under this section is based” for “individual’s initial obligated period of active duty”.

Subsec. (e). Pub. L. 106–419, § 105(a)(1), added subsec. (e).

Pub. L. 106–419, § 102(a)(1)(B), struck out subsec. (e) which read as follows: “For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before October 28, 1994, shall be considered to have completed such requirements within the individual’s initial obligated period of active duty.”

Subsec. (h)(2)(A). Pub. L. 106–419, § 103(a)(3), substituted “during the obligated period of active duty on which entitlement to assistance under this section is based,” for “during an initial period of active duty,”.

Subsec. (i). Pub. L. 106–419, § 103(a)(4), struck out “initial” before “obligated period”.

1999

Subsec. (f)(1). Pub. L. 106–117, § 702(a)(1), substituted “paragraph (2) or (3)” for “paragraph (2)”.

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

Subsec. (i). Pub. L. 106–117, § 704, struck out “Federal” before “Government”.

1998

Subsec. (a)(2). Pub. L. 105–368, § 203(a), substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed” in two places in concluding provisions.

Subsec. (i). Pub. L. 105–368, § 207(a), added subsec. (i).

1996

Subsec. (c)(2). Pub. L. 104–201, § 556(a)(1), struck out “or upon completion of a program of educational assistance under section 2107 of title 10” after “Coast Guard Academy”.

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

Subsec. (d)(3). Pub. L. 104–106 substituted “section 12301, 12302, 12304, 12306, or 12307 of title 10” for “section 672, 673, 673b, 674, or 675 of title 10”.

1994

Subsec. (e). Pub. L. 103–446, § 1201(f)(2), substituted “October 28, 1994,” for “the end of the 24-month period beginning on the date of the enactment of this subsection”.

Subsec. (f)(1). Pub. L. 103–446, § 1201(e)(10), substituted “the length of which” for “whose length”.

1992

Subsec. (a)(1)(B). Pub. L. 102–568, § 302(a)(1), substituted “at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service” for “on October 19, 1984, and without a break in service since October 19, 1984,”.

Subsec. (a)(2). Pub. L. 102–568, § 303(a)(1)(A), inserted “, except as provided in subsection (e) of this section,” after “who”.

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

Subsec. (f). Pub. L. 102–568, § 304(a), added subsec. (f).

Subsec. (g). Pub. L. 102–568, § 305(a), added subsec. (g).

Subsec. (h). Pub. L. 102–568, § 306(a), added subsec. (h).

1991

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

Subsec. (a)(3). Pub. L. 102–16 added cls. (A) to (C), redesignated former cl. (C) as (D), and struck out former cls. (A) and (B) which read as follows:

“(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;

“(B) continues on active duty; or”.

1990

Subsec. (a)(1)(A)(ii)(I). Pub. L. 101–510, § 562(a)(1), substituted “for” for “or for” and inserted “, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy” after “hardship”.

Subsec. (a)(1)(B)(ii)(I). Pub. L. 101–510, § 562(a)(2), substituted “for” for “or for” and inserted “, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph” after “hardship”.

Subsec. (d)(1). Pub. L. 101–510, § 562(b)(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

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

1989

Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.

Subsec. (a)(2). Pub. L. 101–237, § 409, in concluding provisions, inserted cl. (i) designation and added cl. (ii).

1988

Subsec. (a)(1)(A)(i)(I). Pub. L. 100–689, § 111(a)(2)(A), inserted “, as the individual’s initial obligated period of active duty,” after “serves”.

Subsec. (a)(1)(A)(ii). Pub. L. 100–689, § 102(a), inserted in subcl. (I) “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”, substituted a semicolon for “, or” before subcl. (II), and added subcl. (III).

Subsec. (a)(1)(B)(ii). Pub. L. 100–689, § 102(a), inserted in subcl. (I) “, for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,”, substituted a semicolon for “, or” before subcl. (II), and added subcl. (III).

Subsec. (a)(2). Pub. L. 100–689, § 104(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and”.

Subsec. (b). Pub. L. 100–689, § 103(b)(1), substituted “reduced under this chapter” for “reduced under this subsection”.

Subsec. (d). Pub. L. 100–689, § 111(a)(3), added subsec. (d).

1987

Subsec. (a)(1)(A). Pub. L. 100–48 substituted “after June 30, 1985” for “during the period beginning on July 1, 1985, and ending on June 30, 1988”.

1986

Subsec. (a). Pub. L. 99–576, § 702(8), inserted a comma after “of this section”.

Subsec. (a)(1)(A)(ii)(II). Pub. L. 99–576, § 321(1)(A), inserted “continuous” after “months of” in two places.

Subsec. (a)(1)(B). Pub. L. 99–576, § 307(a)(1), inserted “and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,”.

Subsec. (a)(1)(B)(ii)(II). Pub. L. 99–576, § 321(1)(B), inserted “continuous” after “months of”.

Subsec. (b). Pub. L. 99–576, § 303(a)(1), substituted “Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual” for “Amounts withheld from basic pay under this subsection shall revert to the Treasury”.

1985

Subsec. (a)(1)(B). Pub. L. 99–145 struck out “and without a break in service on active duty since December 31, 1976,” after “chapter 34 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title I, § 1003(b), Jan. 5, 2021, 134 Stat. 4939, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

Effective Date of 2006 Amendment

Pub. L. 109–461, title X, § 1004(b), Dec. 22, 2006, 120 Stat. 3466, provided that the amendment made by section 1004(b) is effective Nov. 25, 2002.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 2001 Amendments

Pub. L. 107–103, title I, § 106(b), Dec. 27, 2001, 115 Stat. 983, provided that: “The amendments made by subsection (a) [amending this section and section 3012 of this title] shall apply with respect to educational assistance allowances paid under chapter 30 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Dec. 27, 2001].”

Pub. L. 107–14, § 7(a)(2), June 5, 2001, 115 Stat. 31, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419).”

Pub. L. 107–14, § 7(c)(4), June 5, 2001, 115 Stat. 33, provided that: “The amendments made by this subsection [amending this section and sections 3012 and 3015 of this title] shall take effect as if included in the enactment of section 105 of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419; 114 Stat. 1828).”

Effective Date of 2000 Amendment

Pub. L. 106–419, title I, § 105(c), Nov. 1, 2000, 114 Stat. 1829, provided that: “The amendments made by this section [amending this section and sections 3012 and 3015 of this title] shall take effect on May 1, 2001.”

Effective Date of 1999 Amendment

Pub. L. 106–117, title VII, § 702(c), Nov. 30, 1999, 113 Stat. 1583, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 30, 1999] and apply with respect to an individual first appointed as a commissioned officer on or after July 1, 1985.”

Effective Date of 1998 Amendment

Pub. L. 105–368, title II, § 203(b), Nov. 11, 1998, 112 Stat. 3326, provided that: “The amendments made by subsection (a) [amending this section and sections 3012 and 3018 to 3018C of this title] shall take effect on October 1, 1998.”

Pub. L. 105–368, title II, § 207(d)(1), Nov. 11, 1998, 112 Stat. 3328, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 3012 of this title] shall take effect 120 days after the date of the enactment of this Act [Nov. 11, 1998].”

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Effective Date of 1992 Amendment

Pub. L. 102–568, title III, § 302(b), Oct. 29, 1992, 106 Stat. 4327, provided that: “The amendments made by this section [amending this section and sections 3012 and 3031 of this title] shall take effect as of October 28, 1986.”

Pub. L. 102–568, title III, § 302(b), Oct. 29, 1992, 106 Stat. 4327, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after October 1, 1993.”

Pub. L. 102–568, title III, § 305(b), Oct. 29, 1992, 106 Stat. 4328, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if enacted on October 19, 1984.”

Pub. L. 102–568, title III, § 306(b), Oct. 29, 1992, 106 Stat. 4328, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after October 1, 1993.”

Effective Date of 1990 Amendment

Pub. L. 101–510, div. A, title V, § 562(c), Nov. 5, 1990, 104 Stat. 1575, provided that: “The amendments made by this section [amending this section and sections 1412 and 3103A [now 3012 and 5303A] of this title] shall take effect as of October 19, 1984.”

Effective Date of 1988 Amendment

Pub. L. 100–689, title I, § 102(c), Nov. 18, 1988, 102 Stat. 4163, provided that:

“The amendments made by this section [amending this section and sections 1412, 1413, and 3103A [now 3012, 3013, and 5303A] of this title] shall take effect—
“(1)
as of July 1, 1985, with respect to individuals discharged or released for a medical condition which preexisted service on active duty or in the Selected Reserve and which the Administrator determines is not service connected; and
#
“(2)
as of October 1, 1987, with respect to individuals involuntarily discharged or released for the convenience of the Government as a result of a reduction in force.”
#

Effective Date of 1986 Amendment

Pub. L. 99–576, title III, § 303(b), Oct. 28, 1986, 100 Stat. 3269, provided that: “The amendments made by subsection (a) [amending this section and section 1412 [now 3012] of this title] shall apply to any reduction in basic pay made under section 1411(b) [now 3011(b)] or 1412(c) [now 3012(c)] of title 38, United States Code, after December 31, 1985.”

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.

Transitional Provision for Individuals Discharged Between Enactment and Effective Date

Pub. L. 106–419, title I, § 105(d), Nov. 1, 2000, 114 Stat. 1830, provided that:

“(1)
During the period beginning on May 1, 2001, and ending on July 31, 2001, an individual described in paragraph (2) may make contributions under section 3011(e) or 3012(f) of title 38, United States Code (as added by subsection (a)), whichever is applicable to that individual, without regard to paragraph (2) of that section and otherwise in the same manner as an individual eligible for educational assistance under chapter 30 of such title who is on active duty.
#
“(2)
Paragraph (1) applies in the case of an individual who—
“(A)
is discharged or released from active duty during the period beginning on the date of the enactment of this Act [Nov. 1, 2000] and ending on April 30, 2001; and
#
“(B)
is eligible for educational assistance under chapter 30 of title 38, United States Code.”
#
#

Notification Requirement

Pub. L. 102–568, title III, § 303(b), Oct. 29, 1992, 106 Stat. 4327, directed Secretary of each military department, not later than 60 days after Oct. 29, 1992, to notify each individual who was on active duty in the Armed Forces on Aug. 2, 1990, and who had not met the requirements of a secondary school diploma (or equivalency certificate), of the extension of the period for the completion of such requirements afforded by the amendments made by this section to this section and section 3012 of this title.

Credits

1984–2023 · 26 acts

1984Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1411
1985amended Pub. L. 99–145, title VI, § 674(1), Nov. 8, 1985, 99 Stat. 665
1986Pub. L. 99–576, title III, §§ 303(a)(1), 307(a)(1), 321(1), title VII, § 702(8), Oct. 28, 1986, 100 Stat. 3268, 3269, 3277, 3302
1987Pub. L. 100–48, § 3(a), June 1, 1987, 101 Stat. 331
1988Pub. L. 100–689, title I, §§ 102(a), 103(b)(1), 104(a), 111(a)(2)(A), (3), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4170, 4171
1989Pub. L. 101–237, title IV, §§ 409, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2092
1990Pub. L. 101–510, div. A, title V, § 562(a)(1), (2), (b), Nov. 5, 1990, 104 Stat. 1573, 1574
1991Pub. L. 102–16, § 10(a)(1), Mar. 22, 1991, 105 Stat. 55
1991renumbered § 3011, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406
1992Pub. L. 102–568, title III, §§ 302(a)(1), 303(a)(1), 304(a), 305(a), 306(a), Oct. 29, 1992, 106 Stat. 4326–4328
1994Pub. L. 103–446, title XII, § 1201(e)(10), (f)(2), Nov. 2, 1994, 108 Stat. 4685, 4687
1996Pub. L. 104–106, div. A, title XV, § 1501(e)(2)(A), Feb. 10, 1996, 110 Stat. 501
1996Pub. L. 104–201, div. A, title V, § 556(a), Sept. 23, 1996, 110 Stat. 2528
1998Pub. L. 105–368, title II, §§ 203(a), 207(a), Nov. 11, 1998, 112 Stat. 3326, 3328
1999Pub. L. 106–117, title VII, §§ 702(a), 704, Nov. 30, 1999, 113 Stat. 1583, 1584
2000Pub. L. 106–419, title I, §§ 102(a)(1), 103(a), 105(a)(1), Nov. 1, 2000, 114 Stat. 1824, 1825, 1828
2001Pub. L. 107–14, § 7(a)(1), (c)(1), June 5, 2001, 115 Stat. 31, 32
2001Pub. L. 107–103, title I, §§ 105(a), 106(a), Dec. 27, 2001, 115 Stat. 982, 983
2002Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315
2002Pub. L. 107–330, title III, § 308(a), Dec. 6, 2002, 116 Stat. 2827
2004Pub. L. 108–454, title I, § 109(a), Dec. 10, 2004, 118 Stat. 3604
2006Pub. L. 109–444, § 8(b)(2), Dec. 21, 2006, 120 Stat. 3313
2006Pub. L. 109–461, title X, §§ 1004(b)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468
2008Pub. L. 110–317, § 6(c)(1), Aug. 29, 2008, 122 Stat. 3529
2021Pub. L. 116–315, title I, §§ 1003(a), 1004, Jan. 5, 2021, 134 Stat. 4939
2023Pub. L. 118–31, div. A, title XVII, § 1723(c)(1), Dec. 22, 2023, 137 Stat. 675.

Show as published

(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, § 1411; amended Pub. L. 99–145, title VI, § 674(1), Nov. 8, 1985, 99 Stat. 665; Pub. L. 99–576, title III, §§ 303(a)(1), 307(a)(1), 321(1), title VII, § 702(8), Oct. 28, 1986, 100 Stat. 3268, 3269, 3277, 3302; Pub. L. 100–48, § 3(a), June 1, 1987, 101 Stat. 331; Pub. L. 100–689, title I, §§ 102(a), 103(b)(1), 104(a), 111(a)(2)(A), (3), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4170, 4171; Pub. L. 101–237, title IV, §§ 409, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2092; Pub. L. 101–510, div. A, title V, § 562(a)(1), (2), (b), Nov. 5, 1990, 104 Stat. 1573, 1574; Pub. L. 102–16, § 10(a)(1), Mar. 22, 1991, 105 Stat. 55; renumbered § 3011, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, §§ 302(a)(1), 303(a)(1), 304(a), 305(a), 306(a), Oct. 29, 1992, 106 Stat. 4326–4328; Pub. L. 103–446, title XII, § 1201(e)(10), (f)(2), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 104–106, div. A, title XV, § 1501(e)(2)(A), Feb. 10, 1996, 110 Stat. 501; Pub. L. 104–201, div. A, title V, § 556(a), Sept. 23, 1996, 110 Stat. 2528; Pub. L. 105–368, title II, §§ 203(a), 207(a), Nov. 11, 1998, 112 Stat. 3326, 3328; Pub. L. 106–117, title VII, §§ 702(a), 704, Nov. 30, 1999, 113 Stat. 1583, 1584; Pub. L. 106–419, title I, §§ 102(a)(1), 103(a), 105(a)(1), Nov. 1, 2000, 114 Stat. 1824, 1825, 1828; Pub. L. 107–14, § 7(a)(1), (c)(1), June 5, 2001, 115 Stat. 31, 32; Pub. L. 107–103, title I, §§ 105(a), 106(a), Dec. 27, 2001, 115 Stat. 982, 983; Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107–330, title III, § 308(a), Dec. 6, 2002, 116 Stat. 2827; Pub. L. 108–454, title I, § 109(a), Dec. 10, 2004, 118 Stat. 3604; Pub. L. 109–444, § 8(b)(2), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109–461, title X, §§ 1004(b)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. L. 110–317, § 6(c)(1), Aug. 29, 2008, 122 Stat. 3529; Pub. L. 116–315, title I, §§ 1003(a), 1004, Jan. 5, 2021, 134 Stat. 4939; Pub. L. 118–31, div. A, title XVII, § 1723(c)(1), Dec. 22, 2023, 137 Stat. 675.)