Title 38 — Veterans’ Benefits

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

§ 3015. Amount of basic educational assistance

Statutory text

The amount of payment of educational assistance under this chapter is subject to section 3032 of this title. Except as otherwise provided in this section, in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years, a basic educational assistance allowance under this subchapter shall be paid—

for an approved program of education pursued on a full-time basis, at the monthly rate of—

for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,321; and

for months occurring during a subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or

at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.

In the case of an individual entitled to an educational assistance allowance under section 3011 or 3018 of this title whose obligated period of active duty on which such entitlement is based is two years, a basic educational assistance allowance under this chapter shall (except as provided in the succeeding subsections of this section) be paid—

for an approved program of education pursued on a full-time basis, at the monthly rate of—

for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,073; and

for months occurring during a subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or

at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.

The amount of basic educational allowance payable under this chapter to an individual referred to in paragraph (2) of this subsection is the amount determined under subsection (a) of this section.

Paragraph (1) of this subsection applies to an individual entitled to an educational assistance allowance under section 3011 of this title—

whose obligated period of active duty on which such entitlement is based is less than three years;

who, beginning on the date of the commencement of such obligated period of active duty, serves a continuous period of active duty of not less than three years; and

who, after the completion of that continuous period of active duty, meets one of the conditions set forth in subsection (a)(3) of such section 3011.

In the case of an individual who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may, at the time the individual first becomes a member of the Armed Forces, increase the rate of the basic educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsections (a), (b), and (c) of this section as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $950 per month.

In the case of an individual who after October 7, 1997, receives an enlistment bonus under section 308a or 308f 1 of title 37, receipt of that bonus does not affect the eligibility of that individual for an increase under paragraph (1) in the rate of the basic educational assistance allowance applicable to that individual, and the Secretary concerned may provide such an increase for that individual (and enter into an agreement with that individual that the United States agrees to make payments pursuant to such an increase) without regard to any provision of law (enacted before, on, or after the date of the enactment of this paragraph) that limits the authority to make such payments.

Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2) of this subsection, in the case of an individual who on December 31, 1989, was entitled to educational assistance under chapter 34 of this title, the rate of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal to one-half of the educational assistance allowance that would be applicable to such individual under such chapter 34 (as of the time the assistance under this chapter is provided and based on the rates in effect on December 31, 1989) if such chapter were in effect.

Notwithstanding subparagraph (A) of this paragraph, in the case of an individual described in that subparagraph who is pursuing a cooperative program on or after October 9, 1996, the rate of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal to one-half of the educational assistance allowance that would be applicable to such individual for pursuit of full-time institutional training under chapter 34 (as of the time the assistance under this chapter is provided and based on the rates in effect on December 31, 1989) if such chapter were in effect.

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.

In the case of an individual for whom the Secretary of Defense made contributions under section 3222(c) of this title and who is entitled to educational assistance under section 3018A, 3018B, or 3018C of this chapter, the Secretary shall increase the rate of the basic educational assistance allowance applicable to such individual in excess of the rate provided under subsection (a) of this section in a manner consistent with, as determined by the Secretary of Defense, the agreement entered into with such individual pursuant to the rules and regulations issued by the Secretary of Defense under section 3222(c) of this title.

In the case of an individual who has made contributions authorized by section 3011(e) or 3012(f) of this title, effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned, the monthly amount of basic educational assistance allowance applicable to such individual under subsection (a), (b), or (c) shall be the monthly rate otherwise provided for under the applicable subsection increased by—

an amount equal to $5 for each $20 contributed by such individual under section 3011(e) or 3012(f) of this title, as the case may be, for an approved program of education pursued on a full-time basis; or

an appropriately reduced amount based on the amount so contributed, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.

With respect to any fiscal year, the Secretary shall provide a percentage increase in the rates payable under subsections (a)(1) and (b)(1) equal to the percentage by which—

the average cost of undergraduate tuition in the United States, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made, exceeds

the average cost of undergraduate tuition in the United States, as so determined, for the academic year preceding the academic year described in subparagraph (A).

Any increase under paragraph (1) in a rate with respect to a fiscal year after fiscal year 2004 and before fiscal year 2014 shall be rounded down to the next lower whole dollar amount. Any such increase with respect to a fiscal year after fiscal year 2013 shall be rounded to the nearest whole dollar amount.

Footnotes

1 See References in Text note below.

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. § 3015
Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1415
Source evidence
Code source credit
Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1415
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.”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 111(a)(5)(A) · 102 Stat. 4161
Substituted · 38 U.S.C. § 3015(a)
Pub. L. 100–689, § 111(a)(5)(A), substituted “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except” for “Subject to section 1432 of this title and except”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–689, § 111(a)(5)(A), substituted “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except” for “Subject to section 1432 of this title and except”.
Enacted provision · exact public law section
(A) Section 1415(a) is amended by striking out “Subject” and all that follows through “except” and inserting in lieu thereof “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except”.
1988
Veterans’ Benefits and Programs Improvement Act of 1988
Pub. L. 100–689 § 103(b)(3) · 102 Stat. 4161
Inserted · 38 U.S.C. § 3015(b)
Pub. L. 100–689, § 103(b)(3), inserted reference to section 1418 of this title
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–689, § 103(b)(3), inserted reference to section 1418 of this title.
Enacted provision · exact public law section
(3) Section 1415(b) is amended by inserting “or 1418” after “section 1411”.
1989
National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 div. A title VI § 641 · 103 Stat. 1352
Inserted · 38 U.S.C. § 3015(c)
Pub. L. 101–189 inserted “, in the case of an individual who first became a member of the Armed Forces before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date” before period at end
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189 inserted “, in the case of an individual who first became a member of the Armed Forces before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date” before period at end.
Enacted provision · exact public law section
SEC. 641. INCREASE IN AMOUNT PAYABLE UNDER MONTGOMERY GI BILL FOR CRITICAL SPECIALTIES Section 1415(c) of title 38, United States Code, is amended by striking out “$400 per month” and inserting in lieu thereof “$400 per month, in the case of an individual who first became a member of the Armed Forces before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date”.
1989
Veterans Education and Employment Amendments of 1989
Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3015(a)(2); 38 U.S.C. § 3015(b)(2)
Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsecs. (a)(2), (b)(2). 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 § 423(b)(5) · 103 Stat. 2062
Inserted · 38 U.S.C. § 3015(c)
Pub. L. 101–237, § 423(b)(5), inserted “of Defense” after “prescribed by the Secretary” and after “of this section as the Secretary”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–237, § 423(b)(5), inserted “of Defense” after “prescribed by the Secretary” and after “of this section as the Secretary”.
Enacted provision · exact public law section
(5) Section 1415(c), as in effect on the day before the date of the enactment of this Act, is amended— (A) by striking out “prescribed by the Secretary,” and inserting in lieu thereof “prescribed by the Secretary of Defense”; and (B) by inserting “of Defense” after “Secretary” the last place it appears.
1990
National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title V § 561(b)(2) · 104 Stat. 1485
Added · 38 U.S.C. § 3015(e)
Pub. L. 101–510 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–510 added subsec. (e).
Enacted provision · exact public law section
(2) Section 1415 of such title is amended by adding at the end the following new subsection: “(e) In the case of an individual for whom the Secretary of Defense made contributions under section 1622(c) of this title and who is entitled to educational assistance under section 1418A of this chapter, the Secretary shall increase the rate of the basic educational assistance allowance applicable to such individual in excess of the rate provided under subsection (a) of this section in a manner consistent with, as determined by the Secretary of Defense, the agreement entered into with such individual pursuant to the rules and regulations issued by the Secretary of Defense under section 1622(c) of this title.”.
1991
Persian Gulf War Veterans’ Benefits Act of 1991
Pub. L. 102–25 § 337(a)(1) · 105 Stat. 75
Substituted · 38 U.S.C. § 3015(a)
Pub. L. 102–25, § 337(a)(1), substituted “, (c), (d), (e), and (f)” for “and (c)” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–25, § 337(a)(1), substituted “, (c), (d), (e), and (f)” for “and (c)” in introductory provisions.
Enacted provision · exact public law section
(1) in subsection (a), by striking out “and (c)” and inserting in lieu thereof “, (c), (d), (e), and (f)”;
1991
Persian Gulf War Veterans’ Benefits Act of 1991
Pub. L. 102–25 § 337(a)(2) · 105 Stat. 75
Substituted · 38 U.S.C. § 3015(b)
Pub. L. 102–25, § 337(a)(2), substituted “Except as provided in subsections (c), (d), (e), and (f), in” for “In” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–25, § 337(a)(2), substituted “Except as provided in subsections (c), (d), (e), and (f), in” for “In” in introductory provisions.
Enacted provision · exact public law section
(2) in subsection (b), by striking out “In” and inserting in lieu thereof “Except as provided in subsections (c), (d), (e), and (0, in”; and
1991
Persian Gulf War Veterans’ Benefits Act of 1991
Pub. L. 102–25 § 337(a)(3) · 105 Stat. 75
Added · 38 U.S.C. § 3015(f)
Pub. L. 102–25, § 337(a)(3), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 102–25, § 337(a)(3), added subsec. (f).
Enacted provision · exact public law section
(3) by adding at the end the following new subsection: “(f) (1) During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subsection (a)(1) or (b)(1) of this section shall be $350 and $275, respectively. “(2) With respect to the fiscal year beginning on October 1, 1993, the Secretary may continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under paragraph (1) of this subsection and may provide a percentage increase in such rates equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992. “(3) With respect to any fiscal year beginning on or after October 1, 1994, the Secretary may continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under this subsection for the previous fiscal year and may provide, for any such fiscal year, a percentage increase in such rates equal to the percentage by which— “(A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds “(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).”.
1991
Pub. L. 102–54 § 14(c)(1) · 105 Stat. 267
Substituted · 38 U.S.C. § 3015(c)
Pub. L. 102–54 substituted “November 29, 1989” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–54 substituted “November 29, 1989” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”.
Enacted provision · exact public law section
(1) Section 1415(c) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991,” and inserting in lieu thereof “November 29, 1989,”.
1991
Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3015
Pub. L. 102–83, § 5(a), renumbered section 1415 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1415 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.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3015(a)
Pub. L. 102–83, § 5(c)(1), substituted “3032” for “1432” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3032” for “1432” in introductory provisions.
Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3015(b)
Pub. L. 102–83, § 5(c)(1), substituted “3011 or 3018” for “1411 or 1418” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3011 or 3018” for “1411 or 1418” in introductory provisions.
Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
1. Substituted · 38 U.S.C. § 3015(e)
  Pub. L. 102–83, § 5(c)(1), substituted “3222(c)” for “1622(c)”
2. Substituted · 38 U.S.C. § 3015(e)
  Pub. L. 102–83, § 5(c)(1), substituted “3018A” for “1418A”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3222(c)” for “1622(c)” in two places and “3018A” for “1418A”.
Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 307(b)(1) · 106 Stat. 4320
Substituted · 38 U.S.C. § 3015(a)
Pub. L. 102–568, § 307(b)(1), substituted “(f), and (g)” for “and (f)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–568, § 307(b)(1), substituted “(f), and (g)” for “and (f)” in introductory provisions.
Enacted provision · exact public law section
(1) in subsection (a), by striking out “and (f)” and inserting in lieu thereof “(f), and (g)”; and
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 301(a)(1) · 106 Stat. 4320
Substituted · 38 U.S.C. § 3015(a)(1)
Pub. L. 102–568, § 301(a)(1), substituted “$400” for “$300”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–568, § 301(a)(1), substituted “$400” for “$300”.
Enacted provision · exact public law section
(1) in subsection (a)(1), by striking out “$300” and inserting in lieu thereof “$400”; and
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 307(b)(2) · 106 Stat. 4320
Substituted · 38 U.S.C. § 3015(b)
Pub. L. 102–568, § 307(b)(2), substituted “(f), and (g)” for “and (f)” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–568, § 307(b)(2), substituted “(f), and (g)” for “and (f)” in introductory provisions.
Enacted provision · exact public law section
(2) in subsection (b), by striking out “and (f)” and inserting in lieu thereof “(f), and (g)”.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 301(a)(2) · 106 Stat. 4320
Substituted · 38 U.S.C. § 3015(b)(1)
Pub. L. 102–568, § 301(a)(2), substituted “$325” for “$250”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 102–568, § 301(a)(2), substituted “$325” for “$250”.
Enacted provision · exact public law section
(2) in subsection (b)(1), by striking out “$250” and inserting in lieu thereof “$325”.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 307(a)(3) · 106 Stat. 4320
1. Amended · 38 U.S.C. § 3015(c)
  Pub. L. 102–568, § 307(a)(3), as amended by Pub. L. 103–66, § 12009(d)(2)
2. Redesignated · 38 U.S.C. § 3015(c)
  Pub. L. 102–568, § 307(a)(3), as added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–568, § 307(a)(3), as amended by Pub. L. 103–66, § 12009(d)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Enacted provision · exact public law section
(3) by inserting after subsection (b) the following new subsection (c): “(c) (1) The amount of basic educational allowance payable under this chapter to an individual referred to in paragraph (2) of this subsection is the amount determined under subsection (a) of this section. “(2) Paragraph (1) of this subsection applies to an individual entitled to an educational assistance allowance under section 3011 of this title— “(A) whose initial obligated period of active duty is less than three years; “(B) who, beginning on the date of the commencement of the person’s initial obligated period of such duty, serves a continuous period of active duty of not less than three years; and “(C) who, after the completion of that continuous period of active duty, meets one of the conditions set forth in subsection (a)(3) of such section 3011.”.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 307(a)(1) · 106 Stat. 4320
1. Amended · 38 U.S.C. § 3015(d)
  Pub. L. 102–568, § 307(a)(1), (2), as amended by Pub. L. 103–66, § 12009(d)(2)
2. Redesignated · 38 U.S.C. § 3015(d)
  Pub. L. 102–568, § 307(a)(1), (2), as redesignated subsec. (c) as (d)
3. Redesignated · 38 U.S.C. § 3015(d)
  Pub. L. 102–568, § 307(a)(1), (2), as substituted “(a), (b), and (c)” for “(a) and (b)”. Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–568, § 307(a)(1), (2), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (c) as (d) and substituted “(a), (b), and (c)” for “(a) and (b)”. Former subsec. (d) redesignated (e).
Enacted provision · exact public law section
(1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively,
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 307(a)(1) · 106 Stat. 4320
1. Amended · 38 U.S.C. § 3015(e)
  Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2)
2. Redesignated · 38 U.S.C. § 3015(e)
  Pub. L. 102–568, § 307(a)(1), as redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Enacted provision · exact public law section
(1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively,
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 307(a)(1) · 106 Stat. 4320
1. Amended · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2)
2. Redesignated · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 307(a)(1), as redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Enacted provision · exact public law section
(1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively,
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 301(c) · 106 Stat. 4320
1. Amended · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 301(c), as amended by Pub. L. 103–66, § 12009(d)(1)
2. Redesignated · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 301(c), as redesignated par. (2) as (1)
3. Substituted · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 301(c), as substituted “shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section” for “may continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under paragraph (1) of this subsection and may provide a percentage increase in such rates”
4. Redesignated · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 301(c), as redesignated par. (3) as (2)
5. Substituted · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 301(c), as substituted “Secretary shall” for “Secretary may” in introductory provisions
6. Substituted · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 301(c), as substituted “and shall” for “and may” in introductory provisions
7. Struck · 38 U.S.C. § 3015(f)
  Pub. L. 102–568, § 301(c), as struck out former par. (1) which read as follows: “During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subsection (a)(1) or (b)(1) of this section shall be $350 and $275, respectively.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–568, § 301(c), as amended by Pub. L. 103–66, § 12009(d)(1), redesignated par. (2) as (1), substituted “shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section” for “may continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under paragraph (1) of this subsection and may provide a percentage increase in such rates”, redesignated par. (3) as (2), substituted “Secretary shall” for “Secretary may” and “and shall” for “and may” in introductory provisions, and struck out former par. (1) which read as follows: “During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subsection (a)(1) or (b)(1) of this section shall be $350 and $275, respectively.”
Enacted provision · exact public law section
(c) Conforming Amendments to Chapter 30 .— Section 3015(f) is amended— (1) by striking out paragraph (1); (2) by redesignating paragraph (2) as paragraph (1) and in that paragraph striking out “may continue to pay” and all that follows through “such rates” and inserting in lieu thereof “shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section”; and (3) by redesignating paragraph (3) as paragraph (2) and in that paragraph striking out “may” both places it appears and inserting in lieu thereof “shall”.
1992
Veterans’ Benefits Act of 1992
Pub. L. 102–568 § 307(a)(1) · 106 Stat. 4320
1. Amended · 38 U.S.C. § 3015(g)
  Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2)
2. Redesignated · 38 U.S.C. § 3015(g)
  Pub. L. 102–568, § 307(a)(1), as redesignated subsec. (f) as (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (f) as (g).
Enacted provision · exact public law section
(1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively,
1993
Veterans Reconciliation Act of 1993
Pub. L. 103–66 § 12009(d)(1) · 107 Stat. 312
Changed · 38 U.S.C. § 3015(c)(g)
Pub. L. 103–66, § 12009(d)(1), (2), made technical amendments to directory language of Pub. L. 102–568, §§ 301(c), 307(a). See 1992 Amendment note below
Source evidence
Code amendment note
Subsecs. (c) to (g). Pub. L. 103–66, § 12009(d)(1), (2), made technical amendments to directory language of Pub. L. 102–568, §§ 301(c), 307(a). See 1992 Amendment note below.
Enacted provision · exact public law section
(1) Section 301(c) of Public Law 38 USC 3015. 102–568 (106 Stat. 4326) is amended by striking out “Section 3015(f)” and inserting in lieu thereof “Section 3015(g) (as redesignated by section 307(a)(1))”
1993
Veterans Reconciliation Act of 1993
Pub. L. 103–66 § 12009(a) · 107 Stat. 312
1. Struck · 38 U.S.C. § 3015(g)
  Pub. L. 103–66, § 12009(a), struck out par. (1) and par. (2) designation
2. Redesignated · 38 U.S.C. § 3015(g)
  Pub. L. 103–66, § 12009(a), redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively
3. Substituted · 38 U.S.C. § 3015(g)
  Pub. L. 103–66, § 12009(a), substituted “paragraph (1)” for “subparagraph (A)” in par. (2). Prior to amendment, par. (1) read as follows: “With respect to the fiscal year beginning on October 1, 1993, the Secretary shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992.”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 103–66, § 12009(a), struck out par. (1) and par. (2) designation, redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively, and substituted “paragraph (1)” for “subparagraph (A)” in par. (2). Prior to amendment, par. (1) read as follows: “With respect to the fiscal year beginning on October 1, 1993, the Secretary shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992.”
Enacted provision · exact public law section
(a) Benefits Payable Under Chapter 30.— Section 3015(g) of title 38, United States Code, is amended— (1) by striking out “(1)” and all that follows through “(2)” and by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (2) in paragraph (2), as redesignated by paragraph (1) of this subsection, by striking out “subparagraph (Ar and inserting in lieu thereof “paragraph (1)”.
1996
Veterans’ Insurance Reform Act of 1996
Pub. L. 104–275 title I § 106(b)(3) · 110 Stat. 3322
Inserted · 38 U.S.C. § 3015(f)
Pub. L. 104–275 inserted “, 3018B, or 3018C” after “section 3018A”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–275 inserted “, 3018B, or 3018C” after “section 3018A”.
Enacted provision · exact public law section
(3) Subsection (f) of section 3015 is amended by inserting “, 3018B, or 3018C” after “section 3018A”.
1997
Pub. L. 105–114 § 401(b)(1) · 111 Stat. 2277
Substituted · 38 U.S.C. § 3015(e)(1)(A)
Pub. L. 105–114, § 401(b)(1), substituted “(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2)” for “(1) Subject to paragraph (2)”
Source evidence
Code amendment note
Subsec. (e)(1)(A). Pub. L. 105–114, § 401(b)(1), substituted “(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2)” for “(1) Subject to paragraph (2)”.
Enacted provision · exact public law section
(1) by striking out “(1) Subject to paragraph (2)” and inserting in lieu thereof “(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2)”; and
1997
Pub. L. 105–114 § 401(b)(2) · 111 Stat. 2277
Added · 38 U.S.C. § 3015(e)(1)(B)
Pub. L. 105–114, § 401(b)(2), added subpar. (B)
Source evidence
Code amendment note
Subsec. (e)(1)(B). Pub. L. 105–114, § 401(b)(2), added subpar. (B).
Enacted provision · exact public law section
(2) by adding at the end the following: “(B) Notwithstanding subparagraph (A) of this paragraph, in the case of an individual described in that subparagraph who is pursuing a cooperative program on or after October 9, 1996, the rate of the basic educational assistance allowance applicable to such individual under this chapter shall be increased by the amount equal to one-half of the educational assistance allowance that would be applicable to such individual for pursuit of full-time institutional training under chapter 34 (as of the time the assistance under this chapter is provided and based on the rates in effect on December 31, 1989) if such chapter were in effect.”.
1998
Veterans Benefits Act of 1998
Pub. L. 105–178 § 8203(a)(3)(A) · 112 Stat. 107
Struck · 38 U.S.C. § 3015(a)
Pub. L. 105–178, § 8203(a)(3)(A), struck out “subsections (b), (c), (d), (e), (f), and (g) of” before “this section” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–178, § 8203(a)(3)(A), struck out “subsections (b), (c), (d), (e), (f), and (g) of” before “this section” in introductory provisions.
Enacted provision · exact public law section
(A) in subsection (a), by striking “subsections (b), (c),(d), (e), (f), and (g) of” in the matter preceding paragraph(1); and
1998
Veterans Benefits Act of 1998
Pub. L. 105–178 § 8203(a)(1)(A) · 112 Stat. 107
Substituted · 38 U.S.C. § 3015(a)(1)
Pub. L. 105–178, § 8203(a)(1)(A), substituted “$528 (as increased from time to time under subsection (g))” for “$400”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 105–178, § 8203(a)(1)(A), substituted “$528 (as increased from time to time under subsection (g))” for “$400”.
Enacted provision · exact public law section
(A) in subsection (a)(1), by striking “$400” and inserting “$528 (as increased from time to time under subsection(g))”; and
1998
Veterans Benefits Act of 1998
Pub. L. 105–178 § 8203(a)(3)(B) · 112 Stat. 107
1. Substituted · 38 U.S.C. § 3015(b)
  Pub. L. 105–178, § 8203(a)(3)(B), in introductory provisions, substituted “In” for “Except as provided in subsections (c), (d), (e), (f), and (g), in”
2. Inserted · 38 U.S.C. § 3015(b)
  Pub. L. 105–178, § 8203(a)(3)(B), in introductory provisions, inserted “(except as provided in the succeeding subsections of this section)” after “under this chapter shall”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–178, § 8203(a)(3)(B), in introductory provisions, substituted “In” for “Except as provided in subsections (c), (d), (e), (f), and (g), in” and inserted “(except as provided in the succeeding subsections of this section)” after “under this chapter shall”.
Enacted provision · exact public law section
(B) in subsection (b)— (i) by striking “Except as provided in subsections(c), (d), (e), (f), and (g), in” and inserting “In”; and (ii) by inserting “(except as provided in the succeeding subsections of this section)” after “under this chapter shall”.
1998
Veterans Benefits Act of 1998
Pub. L. 105–178 § 8203(a)(1)(B) · 112 Stat. 107
Substituted · 38 U.S.C. § 3015(b)(1)
Pub. L. 105–178, § 8203(a)(1)(B), substituted “$429 (as increased from time to time under subsection (g))” for “$325”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–178, § 8203(a)(1)(B), substituted “$429 (as increased from time to time under subsection (g))” for “$325”.
Enacted provision · exact public law section
(B) in subsection (b)(1), by striking “$325” and inserting “$429 (as increased from time to time under subsection(g))”.
1998
Veterans Benefits Act of 1998
Pub. L. 105–178 § 8203(a)(2) · 112 Stat. 107
Substituted · 38 U.S.C. § 3015(g)
Pub. L. 105–178, § 8203(a)(2), substituted “, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1)” for “beginning on or after October 1, 1994, the Secretary shall continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under this subsection for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 105–178, § 8203(a)(2), substituted “, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1)” for “beginning on or after October 1, 1994, the Secretary shall continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under this subsection for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates”.
Enacted provision · exact public law section
(2) CPI Adjustment.— Subsection (g) of such section is amended by striking “beginning on or after October 1, 1994” and all that follows through “such rates” and inserting “the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1)”.
1998
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 § 656(a) · 112 Stat. 1920
1. Amended · 38 U.S.C. § 3015(d)
  Pub. L. 105–261, § 656(a), designated existing provisions as par. (1)
2. Added · 38 U.S.C. § 3015(d)
  Pub. L. 105–261, § 656(a), added par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–261, § 656(a), designated existing provisions as par. (1) and added par. (2).
Enacted provision · exact public law section
(a) Enlistement Bonuses and GI Bill Supplement Not Exclusive.— Section 3015(d) of title 38, United States Code, is amended— (1) by inserting “(1)” after “(d)”; and (2) by adding at the end the following: “(2) In the case of an individual who after October 7, 1997, receives an enlistment bonus under section 308a or 308f of title 37, receipt of that bonus does not affect the eligibility of that individual for an increase under paragraph (1) in the rate of the basic educational assistance allowance applicable to that individual, and the Secretary concerned may provide such an increase for that individual (and enter into an agreement with that individual that the United States agrees to make payments pursuant to such an increase) without regard to any provision of law (enacted before, on, or after the date of the enactment of this paragraph) that limits the authority to make such payments.”.
1998
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
Pub. L. 105–261 § 565(a) · 112 Stat. 1920
1. Inserted · 38 U.S.C. § 3015(d)
  Pub. L. 105–261, § 565(a), inserted “, at the time the individual first becomes a member of the Armed Forces,” after “Secretary of Defense, may”
2. Substituted · 38 U.S.C. § 3015(d)
  Pub. L. 105–261, § 565(a), substituted “$950 per month” for “$400 per month, in the case of an individual who first became a member of the Armed Forces before November 29, 1989, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–261, § 565(a), inserted “, at the time the individual first becomes a member of the Armed Forces,” after “Secretary of Defense, may” and substituted “$950 per month” for “$400 per month, in the case of an individual who first became a member of the Armed Forces before November 29, 1989, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date.”
Enacted provision · exact public law section
(a) Increase in Maximum Rate for Active Component Montgomery GI Bill Supplement.— Section 3015(d) of title 38, United States Code, is amended— (1) by inserting “, at the time the individual first becomes a member of the Armed Forces,” after “Secretary of Defense, may”; and (2) by striking out “$400” and all that follows through“that date” and inserting in lieu thereof “$950 per month”,
2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
1. Struck · 38 U.S.C. § 3015(a)(1)
  Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)], struck out “subsection (g)” after “time under”
2. Struck · 38 U.S.C. § 3015(b)(1)
  Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)], struck out “subsection (g)” after “time under”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)], struck out “subsection (g)” after “time under”.
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Redesignated · 38 U.S.C. § 3015(g)
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(C)], added subsec. (g). Former subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) redesignated (h)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(C)], added subsec. (g). Former subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) redesignated (h).
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Redesignated · 38 U.S.C. § 3015(h)
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(B)], redesignated subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) as (h)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(B)], redesignated subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) as (h).
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(d)(1) · 114 Stat. 1822
Inserted · 38 U.S.C. § 3015(a)
Pub. L. 106–419, § 103(d)(1), inserted “in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years,” before “a basic educational assistance allowance” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–419, § 103(d)(1), inserted “in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years,” before “a basic educational assistance allowance” in introductory provisions.
Enacted provision · exact public law section
(1) in the second sentence of subsection (a), by inserting before “a basic educational assistance allowance” the following: “in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years,”;
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 105(b)(1) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3015(a)(1)
Pub. L. 106–419, § 105(b)(1), which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)]. See below
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 106–419, § 105(b)(1), which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)]. See below.
Enacted provision · exact public law section
(1) by striking “subsection (g)” each place it appears in subsections (a)(1) and (b)(1) and inserting “subsection (h)”;
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 101(a)(1) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3015(a)(1)
Pub. L. 106–419, § 101(a)(1), substituted “$650” for “$528”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–419, § 101(a)(1), substituted “$650” for “$528”.
Enacted provision · exact public law section
(1) in subsection (a)(1), by striking “$528” and inserting “$650”; and
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(d)(2) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3015(b)
Pub. L. 106–419, § 103(d)(2), substituted “whose obligated period of active duty on which such entitlement is based is two years,” for “whose initial obligated period of active duty is two years,” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–419, § 103(d)(2), substituted “whose obligated period of active duty on which such entitlement is based is two years,” for “whose initial obligated period of active duty is two years,” in introductory provisions.
Enacted provision · exact public law section
(2) in subsection (b), by striking “and whose initial obligated period of active duty is two years,” and inserting “whose obligated period of active duty on which such entitlement is based is two years,”; and
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 105(b)(1) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3015(b)(1)
Pub. L. 106–419, § 105(b)(1), which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)]. See below
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 106–419, § 105(b)(1), which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)]. See below.
Enacted provision · exact public law section
(1) by striking “subsection (g)” each place it appears in subsections (a)(1) and (b)(1) and inserting “subsection (h)”;
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 101(a)(2) · 114 Stat. 1822
Substituted · 38 U.S.C. § 3015(b)(1)
Pub. L. 106–419, § 101(a)(2), substituted “$528” for “$429”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–419, § 101(a)(2), substituted “$528” for “$429”.
Enacted provision · exact public law section
(2) in subsection (b)(1), by striking “$429” and inserting “$528”.
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 103(d)(3) · 114 Stat. 1822
1. Added · 38 U.S.C. § 3015(c)(2)(A); 38 U.S.C. § 3015(c)(2)(B)
  Pub. L. 106–419, § 103(d)(3), added subpars. (A) and (B)
2. Struck · 38 U.S.C. § 3015(c)(2)(A); 38 U.S.C. § 3015(c)(2)(B)
  Pub. L. 106–419, § 103(d)(3), struck out former subpars. (A) and (B) which read as follows:
Source evidence
Code amendment note
Subsec. (c)(2)(A), (B). Pub. L. 106–419, § 103(d)(3), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(A) whose initial obligated period of active duty is less than three years; “(B) who, beginning on the date of the commencement of the person’s initial obligated period of such duty, serves a continuous period of active duty of not less than three years; and”.
Enacted provision · exact public law section
(3) in subsection (c)(2), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs (A) and (B): “(A) whose obligated period of active duty On which such entitlement is based is less than three years; “(B) who, beginning on the date of the commencement of such obligated period of active duty, serves a continuous period of active duty of not less than three years; and”.
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 105(b)(3) · 114 Stat. 1822
Redesignated · 38 U.S.C. § 3015(g)
Pub. L. 106–419, § 105(b)(3), added subsec. (g). Former subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title redesignated (h)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 106–419, § 105(b)(3), added subsec. (g). Former subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title redesignated (h).
Enacted provision · exact public law section
(3) by inserting after subsection (f) the following new subsection (g): “(g) In the case of an individual who has made contributions authorized by section 3011(e) or 3012(f) of this title, the monthly amount of basic educational assistance allowance applicable to such individual under subsection (a), (b), or (c) shall be the monthly rate otherwise provided for under the applicable subsection increased by— “(1) an amount equal to $1 for each $4 contributed by such individual under section 3011(e) or 3012(f), as the case may be, for an approved program of education pursued on a full-time basis; or “(2) an appropriately reduced amount based on the amount so contributed, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.”
2000
Veterans Benefits and Health Care Improvement Act of 2000
Pub. L. 106–419 § 105(b)(2) · 114 Stat. 1822
Redesignated · 38 U.S.C. § 3015(h)
Pub. L. 106–419, § 105(b)(2), redesignated subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title as (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 106–419, § 105(b)(2), redesignated subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title as (h).
Enacted provision · exact public law section
(2) by redesignating subsection (g) as subsection (h); and
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(b)(2)(A)(i) · 115 Stat. 25
1. Inserted · 38 U.S.C. § 3015(a)(1)
  Pub. L. 107–14, § 7(b)(2)(A)(i), inserted “subsection (h)” after “from time to time under”
2. Inserted · 38 U.S.C. § 3015(b)(1)
  Pub. L. 107–14, § 7(b)(2)(A)(i), inserted “subsection (h)” after “from time to time under”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 107–14, § 7(b)(2)(A)(i), inserted “subsection (h)” after “from time to time under”.
Enacted provision · exact public law section
(i) in subsections (a)(1) and (b)(1), by inserting “subsection (h)” after “from time to time under”; and
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(c)(3)(A) · 115 Stat. 25
Inserted · 38 U.S.C. § 3015(g)
Pub. L. 107–14, § 7(c)(3)(A), in introductory provisions, inserted “effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned,” after “by section 3011(e) or 3012(f) of this title,”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 107–14, § 7(c)(3)(A), in introductory provisions, inserted “effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned,” after “by section 3011(e) or 3012(f) of this title,”.
Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by inserting “effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned,” after “by section 3011(e) or 3012(f) of this title,”; and
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(c)(3)(B) · 115 Stat. 25
1. Substituted · 38 U.S.C. § 3015(g)(1)
  Pub. L. 107–14, § 7(c)(3)(B), substituted “amount equal to $5 for each $20 contributed” for “amount equal to $1 for each $4 contributed”
2. Inserted · 38 U.S.C. § 3015(g)(1)
  Pub. L. 107–14, § 7(c)(3)(B), inserted “of this title” after “section 3011(e) or 3012(f)”
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 107–14, § 7(c)(3)(B), substituted “amount equal to $5 for each $20 contributed” for “amount equal to $1 for each $4 contributed” and inserted “of this title” after “section 3011(e) or 3012(f)”.
Enacted provision · exact public law section
(B) in paragraph (1)— (i) by striking “$1” and inserting “$5”; (ii) by striking “$4” and inserting “$20”; and (iii) by inserting “of this title” after “section 3011(e) or 3012(f)”.
2001
Veterans’ Survivor Benefits Improvements Act of 2001
Pub. L. 107–14 § 7(b)(2)(A)(ii) · 115 Stat. 25
Struck · 38 U.S.C. § 3015(h)
Pub. L. 107–14, § 7(b)(2)(A)(ii), struck out subsec. (h) which read as follows: “In the case of an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title, the rate of the basic educational assistance allowance applicable to the individual under this section shall be the rate otherwise applicable to the individual under this section reduced by an amount equal to—
Source evidence
Code amendment note
Subsec. (h). Pub. L. 107–14, § 7(b)(2)(A)(ii), struck out subsec. (h) which read as follows: “In the case of an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title, the rate of the basic educational assistance allowance applicable to the individual under this section shall be the rate otherwise applicable to the individual under this section reduced by an amount equal to—
“(1) the aggregate amount of such allowances paid the individual under such section 3014(b); divided by “(2) 36.”
Enacted provision · exact public law section
(ii) by striking the subsection that was inserted as subsection (g) by section 1602(b)(3)(C) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106–398; 114 Stat. 1654A- 359) and redesignated as subsection (h) by 105(b)(2) of the Veterans Benefits and Health Care improvement Act of 2000 (Public Law 106–419; 114 Stat. 1829).
2001
Veterans Education and Benefits Expansion Act of 2001
Pub. L. 107–103 § 101(a)(1) · 115 Stat. 976
Amended · 38 U.S.C. § 3015(a)(1)
Pub. L. 107–103, § 101(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $650 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 107–103, § 101(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $650 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”.
Enacted provision · exact public law section
(1) Paragraph (1) of section 3015(a) is amended to read as follows: “(1) for an approved program of education pursued on a full-time basis, at the monthly rate of— “(A) for months beginning on or after January 1, 2002, $800; “(B) for months occurring during fiscal year 2003, $900; “(C) for months occurring during fiscal year 2004, $985; and “(D) for months occurring during a subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or”.
2001
Veterans Education and Benefits Expansion Act of 2001
Pub. L. 107–103 § 101(a)(2) · 115 Stat. 976
Amended · 38 U.S.C. § 3015(b)(1)
Pub. L. 107–103, § 101(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $528 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 107–103, § 101(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $528 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”.
Enacted provision · exact public law section
(2) Paragraph (1) of section 3015(b) is amended to read as follows: “(1) for an approved program of education pursued on a full-time basis, at the monthly rate of— “(A) for months beginning on or after January 1, 2002, $650; “(B) for months occurring during fiscal year 2003, $732; “(C) for months occurring during fiscal year 2004, $800; and “(D) for months occurring during a subsequent fiscal year, the amount for months occurring during the previous fiscal year increased under subsection (h); or”.
2003
Veterans Benefits Act of 2003
Pub. L. 108–183 § 304(a)(1) · 117 Stat. 2651
1. Inserted · 38 U.S.C. § 3015(h)
  Pub. L. 108–183, § 304(a)(1), (2), (5), inserted “(1)” after “(h)”
2. Redesignated · 38 U.S.C. § 3015(h)
  Pub. L. 108–183, § 304(a)(1), (2), (5), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively
3. Added · 38 U.S.C. § 3015(h)
  Pub. L. 108–183, § 304(a)(1), (2), (5), added par. (2)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 108–183, § 304(a)(1), (2), (5), inserted “(1)” after “(h)”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Enacted provision · exact public law section
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
2003
Veterans Benefits Act of 2003
Pub. L. 108–183 § 304(a)(3) · 117 Stat. 2651
Struck · 38 U.S.C. § 3015(h)(1)
Pub. L. 108–183, § 304(a)(3), struck out “(rounded to the nearest dollar)” after “increase” in introductory provisions
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 108–183, § 304(a)(3), struck out “(rounded to the nearest dollar)” after “increase” in introductory provisions.
Enacted provision · exact public law section
(3) by striking “(rounded to the nearest dollar)”;
2003
Veterans Benefits Act of 2003
Pub. L. 108–183 § 304(a)(4) · 117 Stat. 2651
Substituted · 38 U.S.C. § 3015(h)(1)(B)
Pub. L. 108–183, § 304(a)(4), substituted “subparagraph (A)” for “paragraph (1)”
Source evidence
Code amendment note
Subsec. (h)(1)(B). Pub. L. 108–183, § 304(a)(4), substituted “subparagraph (A)” for “paragraph (1)”.
Enacted provision · exact public law section
(4) in subparagraph (B), as so redesignated, by striking “paragraph (1)” and inserting “subparagraph (A)”; and
2008
Post-9/11 Veterans Educational Assistance Act of 2008
Pub. L. 110–252 § 5004(a) · 122 Stat. 2323
1. Added · 38 U.S.C. § 3015(a)(1)
  Pub. L. 110–252, § 5004(a), added subpar. (A)
2. Redesignated · 38 U.S.C. § 3015(a)(1)
  Pub. L. 110–252, § 5004(a), redesignated subpar. (D) as (B)
3. Struck · 38 U.S.C. § 3015(a)(1)
  Pub. L. 110–252, § 5004(a), struck out former subpars. (A) to (C) which read as follows:
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–252, § 5004(a), added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows:
“(A) for months beginning on or after January 1, 2002, $800; “(B) for months occurring during fiscal year 2003, $900; “(C) for months occurring during fiscal year 2004, $985; and”.
Enacted provision · exact public law section
(a) Educational Assistance Based on Three-Year Period of Obligated Service.— Subsection (a)(1) of section 3015 of title 38, United States Code, is amended— (1) by striking subparagraphs (A) through (C) and inserting the following new subparagraph: “(A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,321; and” ; and (2) by redesignating subparagraph (D) as subparagraph (B).
Effective date note
Pub. L. 110–252, title V, § 5004(d), June 30, 2008, 122 Stat. 2379, provided that:
2008
Post-9/11 Veterans Educational Assistance Act of 2008
Pub. L. 110–252 § 5004(b) · 122 Stat. 2323
1. Added · 38 U.S.C. § 3015(b)(1)
  Pub. L. 110–252, § 5004(b), added subpar. (A)
2. Redesignated · 38 U.S.C. § 3015(b)(1)
  Pub. L. 110–252, § 5004(b), redesignated subpar. (D) as (B)
3. Struck · 38 U.S.C. § 3015(b)(1)
  Pub. L. 110–252, § 5004(b), struck out former subpars. (A) to (C) which read as follows:
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 110–252, § 5004(b), added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows:
“(A) for months beginning on or after January 1, 2002, $650; “(B) for months occurring during fiscal year 2003, $732; “(C) for months occurring during fiscal year 2004, $800; and”.
Enacted provision · exact public law section
(b) Educational Assistance Based on Two-Year Period of Obligated Service.— Subsection (b)(1) of such section is amended— (1) by striking subparagraphs (A) through (C) and inserting the following new subparagraph: “(A) for months occurring during the period beginning on August 1, 2008, and ending on the last day of fiscal year 2009, $1,073; and” ; and (2) by redesignating subparagraph (D) as subparagraph (B).
Effective date note
Pub. L. 110–252, title V, § 5004(d), June 30, 2008, 122 Stat. 2379, provided that:
2008
Post-9/11 Veterans Educational Assistance Act of 2008
Pub. L. 110–252 § 5004(c) · 122 Stat. 2323
1. Added · 38 U.S.C. § 3015(h)(1)
  Pub. L. 110–252, § 5004(c), added subpars. (A) and (B)
2. Struck · 38 U.S.C. § 3015(h)(1)
  Pub. L. 110–252, § 5004(c), struck out former subpars. (A) and (B) which read as follows:
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 110–252, § 5004(c), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds “(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).”
Enacted provision · exact public law section
(c) Modification of Mechanism for Cost-of-Living Adjustments.— Subsection (h)(1) of such section is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: “(A) the average cost of undergraduate tuition in the United States, as determined by the National Center for Education Statistics, for the last academic year preceding the beginning of the fiscal year for which the increase is made, exceeds “(B) the average cost of undergraduate tuition in the United States, as so determined, for the academic year preceding the academic year described in subparagraph (A).” .
Effective date note
Pub. L. 110–252, title V, § 5004(d), June 30, 2008, 122 Stat. 2379, provided that:

90 of 90 references resolved to an enrolled provision

Editorial Notes

References in Text

Sections 308a and 308f of title 37, referred to in subsec. (d)(2), were repealed by Pub. L. 106–398, § 1 [[div. A], title VI, § 624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153.

The date of the enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 105–261 which was approved Oct. 17, 1998.

Amendments1988–2008 · 13 rounds

2008

Subsec. (a)(1). Pub. L. 110–252, § 5004(a), added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows:

“(A) for months beginning on or after January 1, 2002, $800;

“(B) for months occurring during fiscal year 2003, $900;

“(C) for months occurring during fiscal year 2004, $985; and”.

Subsec. (b)(1). Pub. L. 110–252, § 5004(b), added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows:

“(A) for months beginning on or after January 1, 2002, $650;

“(B) for months occurring during fiscal year 2003, $732;

“(C) for months occurring during fiscal year 2004, $800; and”.

Subsec. (h)(1). Pub. L. 110–252, § 5004(c), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds

“(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).”

2003

Subsec. (h). Pub. L. 108–183, § 304(a)(1), (2), (5), inserted “(1)” after “(h)”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).

Subsec. (h)(1). Pub. L. 108–183, § 304(a)(3), struck out “(rounded to the nearest dollar)” after “increase” in introductory provisions.

Subsec. (h)(1)(B). Pub. L. 108–183, § 304(a)(4), substituted “subparagraph (A)” for “paragraph (1)”.

2001

Subsec. (a)(1). Pub. L. 107–103, § 101(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $650 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”.

Pub. L. 107–14, § 7(b)(2)(A)(i), inserted “subsection (h)” after “from time to time under”.

Subsec. (b)(1). Pub. L. 107–103, § 101(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “at the monthly rate of $528 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or”.

Pub. L. 107–14, § 7(b)(2)(A)(i), inserted “subsection (h)” after “from time to time under”.

Subsec. (g). Pub. L. 107–14, § 7(c)(3)(A), in introductory provisions, inserted “effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned,” after “by section 3011(e) or 3012(f) of this title,”.

Subsec. (g)(1). Pub. L. 107–14, § 7(c)(3)(B), substituted “amount equal to $5 for each $20 contributed” for “amount equal to $1 for each $4 contributed” and inserted “of this title” after “section 3011(e) or 3012(f)”.

Subsec. (h). Pub. L. 107–14, § 7(b)(2)(A)(ii), struck out subsec. (h) which read as follows: “In the case of an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title, the rate of the basic educational assistance allowance applicable to the individual under this section shall be the rate otherwise applicable to the individual under this section reduced by an amount equal to—

“(1) the aggregate amount of such allowances paid the individual under such section 3014(b); divided by

“(2) 36.”

2000

Subsec. (a). Pub. L. 106–419, § 103(d)(1), inserted “in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years,” before “a basic educational assistance allowance” in introductory provisions.

Subsec. (a)(1). Pub. L. 106–419, § 105(b)(1), which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)]. See below.

Pub. L. 106–419, § 101(a)(1), substituted “$650” for “$528”.

Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)], struck out “subsection (g)” after “time under”.

Subsec. (b). Pub. L. 106–419, § 103(d)(2), substituted “whose obligated period of active duty on which such entitlement is based is two years,” for “whose initial obligated period of active duty is two years,” in introductory provisions.

Subsec. (b)(1). Pub. L. 106–419, § 105(b)(1), which directed substitution of “subsection (h)” for “subsection (g)” wherever appearing, could not be executed because the words “subsection (g)” did not appear subsequent to the amendment by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)]. See below.

Pub. L. 106–419, § 101(a)(2), substituted “$528” for “$429”.

Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(A)], struck out “subsection (g)” after “time under”.

Subsec. (c)(2)(A), (B). Pub. L. 106–419, § 103(d)(3), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A) whose initial obligated period of active duty is less than three years;

“(B) who, beginning on the date of the commencement of the person’s initial obligated period of such duty, serves a continuous period of active duty of not less than three years; and”.

Subsec. (g). Pub. L. 106–419, § 105(b)(3), added subsec. (g). Former subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title redesignated (h).

Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(C)], added subsec. (g). Former subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) redesignated (h).

Subsec. (h). Pub. L. 106–419, § 105(b)(2), redesignated subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title as (h).

Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)(B)], redesignated subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) as (h).

1998

Subsec. (a). Pub. L. 105–178, § 8203(a)(3)(A), struck out “subsections (b), (c), (d), (e), (f), and (g) of” before “this section” in introductory provisions.

Subsec. (a)(1). Pub. L. 105–178, § 8203(a)(1)(A), substituted “$528 (as increased from time to time under subsection (g))” for “$400”.

Subsec. (b). Pub. L. 105–178, § 8203(a)(3)(B), in introductory provisions, substituted “In” for “Except as provided in subsections (c), (d), (e), (f), and (g), in” and inserted “(except as provided in the succeeding subsections of this section)” after “under this chapter shall”.

Subsec. (b)(1). Pub. L. 105–178, § 8203(a)(1)(B), substituted “$429 (as increased from time to time under subsection (g))” for “$325”.

Subsec. (d). Pub. L. 105–261, § 656(a), designated existing provisions as par. (1) and added par. (2).

Pub. L. 105–261, § 565(a), inserted “, at the time the individual first becomes a member of the Armed Forces,” after “Secretary of Defense, may” and substituted “$950 per month” for “$400 per month, in the case of an individual who first became a member of the Armed Forces before November 29, 1989, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date.”

Subsec. (g). Pub. L. 105–178, § 8203(a)(2), substituted “, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1)” for “beginning on or after October 1, 1994, the Secretary shall continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under this subsection for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates”.

1997

Subsec. (e)(1)(A). Pub. L. 105–114, § 401(b)(1), substituted “(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2)” for “(1) Subject to paragraph (2)”.

Subsec. (e)(1)(B). Pub. L. 105–114, § 401(b)(2), added subpar. (B).

1996

Subsec. (f). Pub. L. 104–275 inserted “, 3018B, or 3018C” after “section 3018A”.

1993

Subsecs. (c) to (g). Pub. L. 103–66, § 12009(d)(1), (2), made technical amendments to directory language of Pub. L. 102–568, §§ 301(c), 307(a). See 1992 Amendment note below.

Subsec. (g). Pub. L. 103–66, § 12009(a), struck out par. (1) and par. (2) designation, redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively, and substituted “paragraph (1)” for “subparagraph (A)” in par. (2). Prior to amendment, par. (1) read as follows: “With respect to the fiscal year beginning on October 1, 1993, the Secretary shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992.”

1992

Subsec. (a). Pub. L. 102–568, § 307(b)(1), substituted “(f), and (g)” for “and (f)” in introductory provisions.

Subsec. (a)(1). Pub. L. 102–568, § 301(a)(1), substituted “$400” for “$300”.

Subsec. (b). Pub. L. 102–568, § 307(b)(2), substituted “(f), and (g)” for “and (f)” in introductory provisions.

Subsec. (b)(1). Pub. L. 102–568, § 301(a)(2), substituted “$325” for “$250”.

Subsec. (c). Pub. L. 102–568, § 307(a)(3), as amended by Pub. L. 103–66, § 12009(d)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 102–568, § 307(a)(1), (2), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (c) as (d) and substituted “(a), (b), and (c)” for “(a) and (b)”. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Pub. L. 102–568, § 301(c), as amended by Pub. L. 103–66, § 12009(d)(1), redesignated par. (2) as (1), substituted “shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section” for “may continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under paragraph (1) of this subsection and may provide a percentage increase in such rates”, redesignated par. (3) as (2), substituted “Secretary shall” for “Secretary may” and “and shall” for “and may” in introductory provisions, and struck out former par. (1) which read as follows: “During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subsection (a)(1) or (b)(1) of this section shall be $350 and $275, respectively.”

Subsec. (g). Pub. L. 102–568, § 307(a)(1), as amended by Pub. L. 103–66, § 12009(d)(2), redesignated subsec. (f) as (g).

1991

Pub. L. 102–83, § 5(a), renumbered section 1415 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3032” for “1432” in introductory provisions.

Pub. L. 102–25, § 337(a)(1), substituted “, (c), (d), (e), and (f)” for “and (c)” in introductory provisions.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3011 or 3018” for “1411 or 1418” in introductory provisions.

Pub. L. 102–25, § 337(a)(2), substituted “Except as provided in subsections (c), (d), (e), and (f), in” for “In” in introductory provisions.

Subsec. (c). Pub. L. 102–54 substituted “November 29, 1989” for “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991”.

Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3222(c)” for “1622(c)” in two places and “3018A” for “1418A”.

Subsec. (f). Pub. L. 102–25, § 337(a)(3), added subsec. (f).

1990

Subsec. (e). Pub. L. 101–510 added subsec. (e).

1989

Subsecs. (a)(2), (b)(2). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.

Subsec. (c). Pub. L. 101–237, § 423(b)(5), inserted “of Defense” after “prescribed by the Secretary” and after “of this section as the Secretary”.

Pub. L. 101–189 inserted “, in the case of an individual who first became a member of the Armed Forces before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date” before period at end.

1988

Subsec. (a). Pub. L. 100–689, § 111(a)(5)(A), substituted “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except” for “Subject to section 1432 of this title and except”.

Subsec. (b). Pub. L. 100–689, § 103(b)(3), inserted reference to section 1418 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–252, title V, § 5004(d), June 30, 2008, 122 Stat. 2379, provided that:

“(1)
In general.—
The amendments made by this section [amending this section] shall take effect on August 1, 2008.
#
“(2)
No cost-of-living adjustment for fiscal year 2009.—
The adjustment required by subsection (h) of section 3015 of title 38, United States Code (as amended by this section), in rates of basic educational assistance payable under subsections (a) and (b) of such section (as so amended) shall not be made for fiscal year 2009.”
#

Effective Date of 2001 Amendment

Amendment by section 7(b)(2)(A) of Pub. L. 107–14 effective as if enacted on Nov. 1, 2000, immediately after the enactment of Pub. L. 106–419, see section 7(b)(3) of Pub. L. 107–14, set out as a note under section 3014 of this title.

Amendment by section 7(c)(3) of Pub. L. 107–14 effective as if included in the enactment of section 105 of Pub. L. 106–419, see section 7(c)(4) of Pub. L. 107–14, set out as a note under section 3011 of this title.

Effective Date of 2000 Amendment

Pub. L. 106–419, title I, § 101(b), Nov. 1, 2000, 114 Stat. 1824, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on November 1, 2000, and shall apply with respect to educational assistance allowances paid under chapter 30 of title 38, United States Code, for months after October 2000.”

Amendment by section 105(b) of Pub. L. 106–419 effective May 1, 2001, see section 105(c) of Pub. L. 106–419, set out as a note under section 3011 of this title.

Effective Date of 1998 Amendments

Pub. L. 105–261, div. A, title V, § 565(b), Oct. 17, 1998, 112 Stat. 2029, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1998, and shall apply with respect to individuals who first become members of the Armed Forces on or after that date.”

Pub. L. 105–178, title VIII, § 8203(a)(4), June 9, 1998, 112 Stat. 493, provided that: “The amendments made by this subsection [amending this section] shall take effect on October 1, 1998, and shall apply with respect to educational assistance allowances paid for months after September 1998. However, no adjustment in rates of educational assistance shall be made under subsection (g) [now (h)] of section 3015 of title 38, United States Code, as amended by paragraph (2), for fiscal year 1999.”

Effective Date of 1993 Amendment

Pub. L. 103–66, title XII, § 12009(d)(3), Aug. 10, 1993, 107 Stat. 416, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall apply as if included in the enactment of Public Law 102–568.”

Effective Date of 1992 Amendment

Amendment by section 301(a) and (c) of Pub. L. 102–568 effective Apr. 1, 1993, but not to be construed to change account from which payment is made for certain portion of payments made under this chapter or chapter 106 of Title 10, Armed Services, see section 301(e) of Pub. L. 102–568, set out as a note under section 16131 of Title 10.

Pub. L. 102–568, title III, § 307(c), Oct. 29, 1992, 106 Stat. 4329, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after September 1, 1993.”

Adjustment in Rates of Educational Assistance

Pub. L. 107–103, title I, § 101(b), Dec. 27, 2001, 115 Stat. 978, provided that: “No adjustment in rates of educational assistance shall be made under section 3015(h) of title 38, United States Code, for fiscal years 2003 and 2004.”

Fiscal year 1995 cost-of-living adjustments in rates of educational assistance payable under this chapter to be percentage equal to 50 percent of percentage by which such assistance would be increased under subsec. (g) [now (h)] of this section but for section 12009 of Pub. L. 103–66, see section 12009(c) of Pub. L. 103–66, formerly set out as a note under section 16131 of Title 10, Armed Forces.

Credits

1984–2008 · 20 acts

1984Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1415
1988amended Pub. L. 100–689, title I, §§ 103(b)(3), 111(a)(5)(A), Nov. 18, 1988, 102 Stat. 4165, 4171
1989Pub. L. 101–189, div. A, title VI, § 641, Nov. 29, 1989, 103 Stat. 1456
1989Pub. L. 101–237, title IV, § 423(b)(1)(A), (5), Dec. 18, 1989, 103 Stat. 2092
1990Pub. L. 101–510, div. A, title V, § 561(b)(2), Nov. 5, 1990, 104 Stat. 1573
1991Pub. L. 102–25, title III, § 337(a), Apr. 6, 1991, 105 Stat. 90
1991Pub. L. 102–54, § 14(c)(1), June 13, 1991, 105 Stat. 284
1991renumbered § 3015 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406
1992Pub. L. 102–568, title III, §§ 301(a), (c), 307(a), (b), Oct. 29, 1992, 106 Stat. 4325, 4326, 4328, 4329
1993Pub. L. 103–66, title XII, § 12009(a), (d)(1), (2), Aug. 10, 1993, 107 Stat. 415, 416
1996Pub. L. 104–275, title I, § 106(b)(3), Oct. 9, 1996, 110 Stat. 3329
1997Pub. L. 105–114, title IV, § 401(b), Nov. 21, 1997, 111 Stat. 2293
1998Pub. L. 105–178, title VIII, § 8203(a)(1)–(3), June 9, 1998, 112 Stat. 493
1998Pub. L. 105–261, div. A, title V, § 565(a), title VI, § 656(a), Oct. 17, 1998, 112 Stat. 2029, 2053
2000Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–359
2000Pub. L. 106–419, title I, §§ 101(a), 103(d), 105(b), Nov. 1, 2000, 114 Stat. 1824, 1826, 1829
2001Pub. L. 107–14, § 7(b)(2)(A), (c)(3), June 5, 2001, 115 Stat. 31, 32
2001Pub. L. 107–103, title I, § 101(a), Dec. 27, 2001, 115 Stat. 977
2003Pub. L. 108–183, title III, § 304(a), Dec. 16, 2003, 117 Stat. 2659
2008Pub. L. 110–252, title V, § 5004(a)–(c), June 30, 2008, 122 Stat. 2379.

Show as published

(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, § 1415; amended Pub. L. 100–689, title I, §§ 103(b)(3), 111(a)(5)(A), Nov. 18, 1988, 102 Stat. 4165, 4171; Pub. L. 101–189, div. A, title VI, § 641, Nov. 29, 1989, 103 Stat. 1456; Pub. L. 101–237, title IV, § 423(b)(1)(A), (5), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–510, div. A, title V, § 561(b)(2), Nov. 5, 1990, 104 Stat. 1573; Pub. L. 102–25, title III, § 337(a), Apr. 6, 1991, 105 Stat. 90; Pub. L. 102–54, § 14(c)(1), June 13, 1991, 105 Stat. 284; renumbered § 3015 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, §§ 301(a), (c), 307(a), (b), Oct. 29, 1992, 106 Stat. 4325, 4326, 4328, 4329; Pub. L. 103–66, title XII, § 12009(a), (d)(1), (2), Aug. 10, 1993, 107 Stat. 415, 416; Pub. L. 104–275, title I, § 106(b)(3), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 105–114, title IV, § 401(b), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105–178, title VIII, § 8203(a)(1)–(3), June 9, 1998, 112 Stat. 493; Pub. L. 105–261, div. A, title V, § 565(a), title VI, § 656(a), Oct. 17, 1998, 112 Stat. 2029, 2053; Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–359; Pub. L. 106–419, title I, §§ 101(a), 103(d), 105(b), Nov. 1, 2000, 114 Stat. 1824, 1826, 1829; Pub. L. 107–14, § 7(b)(2)(A), (c)(3), June 5, 2001, 115 Stat. 31, 32; Pub. L. 107–103, title I, § 101(a), Dec. 27, 2001, 115 Stat. 977; Pub. L. 108–183, title III, § 304(a), Dec. 16, 2003, 117 Stat. 2659; Pub. L. 110–252, title V, § 5004(a)–(c), June 30, 2008, 122 Stat. 2379.)