§ 3018C. Opportunity for certain VEAP participants to enroll

Legislative history

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

1. 1996

   Veterans’ Insurance Reform Act of 1996

   Pub. L. 104–275 title I § 106(a) · 110 Stat. 3322

   Enacted · 38 U.S.C. § 3018C

   Added Pub. L. 104–275, title I, § 106(a), Oct. 9, 1996, 110 Stat. 3327

   Source evidence

   Code source credit
   Added Pub. L. 104–275, title I, § 106(a), Oct. 9, 1996, 110 Stat. 3327

   Enacted provision · exact public law section
   (a) In general.— Subchapter II of chapter 30 is amended by inserting after section 3018B the following new section: “§ 3018C. Opportunity for certain VEAP participants to enroll “(a) Notwithstanding any other provision of law, an individual who— “(1) is a participant on the date of the enactment of the Veterans’ Benefits Improvements Act of 1996 in the educational benefits program provided by chapter 32 of this title; “(2) is serving on active duty (excluding the periods referred to in section 3202(l)(C) of this title) on such date; “(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree; “(4) if discharged or released from active duty during the one-year period specified in paragraph (5), is discharged or released therefrom with an honorable discharge; and “(5) during the one-year period beginning on the date of the enactment of the Veterans’ Benefits Improvements Act of 1996, makes an irrevocable election to receive benefits under this section in lieu of benefits under chapter 32 of this title, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy; may elect to become entitled to basic educational assistance under this chapter. “(b) With respect to an individual who makes an election under subsection (a) to become entitled to basic education assistance under this chapter— “(1) the basic pay of the individual shall be reduced (in a manner determined by the Secretary of Defense) until the total amount by which such basic pay is reduced is $1, 200; or “(2) to the extent that basic pay is not so reduced before the individual’s discharge or release from active duty as specified in subsection (a)(4), the Secretary shall collect from the individual an amount equal to the difference between $1, 200 and the total amount of reductions under paragraph (1), which shall be paid into the Treasury of the United States as miscellaneous receipts. “(c) (1) Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(5) shall be dis enrolled from such chapter 32 program as of the date of such election. “(2) For each individual who is disenrolled from such program, the Secretary shall refund— “(A) to the individual, as provided in section 3223(b) of this title and subject to subsection (b)(2) of this section, the unused contributions made by the individual to the Post Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and “(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual. “(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual referred to in paragraph (1) shall remain in such account to make payments of benefits to such individual under section 3015(f) of this title. “(d) The procedures provided in regulations referred to in subsection (a) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) and of subparagraph (A) of section 3012(a)(3) of this title. Receipt of such notice shall be acknowledged in writing. ”.

2. 1997

   Pub. L. 105–114 § 401(c)(1) · 111 Stat. 2277

   Substituted · 38 U.S.C. § 3018C(a)(1)

   Pub. L. 105–114, § 401(c)(1), substituted “October 9, 1996,” for “the date of the enactment of the Veterans’ Benefits Improvements Act of 1996”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 105–114, § 401(c)(1), substituted “October 9, 1996,” for “the date of the enactment of the Veterans’ Benefits Improvements Act of 1996”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking out “the date of the enactment of the Veterans’ Benefits Improvements Act of 1996” and inserting in lieu thereof “October 9, 1996,”;

3. 1997

   Pub. L. 105–114 § 401(c)(2) · 111 Stat. 2277

   Substituted · 38 U.S.C. § 3018C(a)(4)

   Pub. L. 105–114, § 401(c)(2), substituted “after the date on which the individual makes the election described” for “during the one-year period specified”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 105–114, § 401(c)(2), substituted “after the date on which the individual makes the election described” for “during the one-year period specified”.

   Enacted provision · exact public law section
   (2) in paragraph (4), by striking out “during the one-year period specified” and inserting in lieu thereof “after the date on which the individual makes the election described”; and

4. 1997

   Pub. L. 105–114 § 401(c)(3) · 111 Stat. 2277

   Substituted · 38 U.S.C. § 3018C(a)(5)

   Pub. L. 105–114, § 401(c)(3), substituted “October 9, 1996” for “the date of the enactment of the Veterans’ Benefits Improvements Act of 1996”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 105–114, § 401(c)(3), substituted “October 9, 1996” for “the date of the enactment of the Veterans’ Benefits Improvements Act of 1996”.

   Enacted provision · exact public law section
   (3) in paragraph (5), by striking out “the date of the enactment of the Veterans’ Benefits Improvements Act of 1996” and inserting in lieu thereof “October 9, 1996”.

5. 1998

   Pub. L. 105–368 title II § 203(a) · 112 Stat. 3315

   Substituted · 38 U.S.C. § 3018C(a)(3)

   Pub. L. 105–368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 105–368 substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”.

   Enacted provision · exact public law section
   (a) In General.— The following sections of chapter 30 are each amended by striking “successfully completed” each place it appears and inserting “successfully completed (or otherwise received academic credit for)”: sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii), 3018A(a)(2), 3018B(a)(2)(B), 3018B(a)(2)(B), and 3018C(a)(3).

6. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 38 U.S.C. § 3018C(b)

   Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601(b)], which substituted “subsection (a) or (e)” for “subsection (a)” in introductory provisions, was terminated by Pub. L. 106–419, § 104(c)(1). See Amendment note above

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601(b)], which substituted “subsection (a) or (e)” for “subsection (a)” in introductory provisions, was terminated by Pub. L. 106–419, § 104(c)(1). See Amendment note above.

   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.

7. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Added · 38 U.S.C. § 3018C(e)

   Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601(a)], which added a subsec. (e) substantially identical to the subsec. (e) added by Pub. L. 106–419, § 104(a), was terminated by Pub. L. 106–419, § 104(c)(1). See Amendment notes above

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601(a)], which added a subsec. (e) substantially identical to the subsec. (e) added by Pub. L. 106–419, § 104(a), was terminated by Pub. L. 106–419, § 104(c)(1). See Amendment notes above.

   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.

8. 2000

   Veterans Benefits and Health Care Improvement Act of 2000

   Pub. L. 106–419 § 104(c)(1) · 114 Stat. 1822

   Changed · 38 U.S.C. § 3018C

   Pub. L. 106–419, § 104(c)(1), provided that as of the enactment of Pub. L. 106–419, the amendments made by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601], were deemed for all purposes not to have taken effect and that Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601], ceased to be in effect. See Amendment notes below

   Source evidence

   Code amendment note
   Pub. L. 106–419, § 104(c)(1), provided that as of the enactment of Pub. L. 106–419, the amendments made by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601], were deemed for all purposes not to have taken effect and that Pub. L. 106–398, § 1 [[div. A], title XVI, § 1601], ceased to be in effect. See Amendment notes below.

   Enacted provision · exact public law section
   (1) If this Act is enacted before the provisions of the Floyd D Spence National Defense Authorization Act for Fiscal Year 2001 are enacted into law, section 1601of that Act, including the amendments made by that section, shall not take effect. If this Act is enacted after the provisions of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 are enacted into law, then as of the enactment of this Act, the amendments made by section 1601 of that Act shall be deemed for all purposes not to have taken effect and that section shall cease to be in effect.

9. 2000

   Veterans Benefits and Health Care Improvement Act of 2000

   Pub. L. 106–419 § 104(b) · 114 Stat. 1822

   Substituted · 38 U.S.C. § 3018C(b)

   Pub. L. 106–419, § 104(b), substituted “subsection (a) or (e)” for “subsection (a)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–419, § 104(b), substituted “subsection (a) or (e)” for “subsection (a)” in introductory provisions.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 3018C(b) is amended by striking “subsection (a)” and inserting “subsection (a) or (e)”.

10. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 104(a) · 114 Stat. 1822

    Added · 38 U.S.C. § 3018C(e)

    Pub. L. 106–419, § 104(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–419, § 104(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) Special Enrollment Period.— Section 3018C is amended by adding at the end the following new subsection: “(e) (1) A qualified individual (described in paragraph (2)) may make an irrevocable election under this subsection, during the one-year period beginning on the date of the enactment of this subsection, to become entitled to basic educational assistance under this chapter. Such an election shall be made in the same manner as elections made under subsection (a)(5). “(2) A qualified individual referred to in paragraph (1) is an individual who meets each of the following requirements: “(A) The individual was a participant in the educational benefits program under chapter 32 of this title on or before October 9, 1996. “(B) The individual has continuously served on active duty since October 9, 1996 (excluding the periods referred to in section 3202(l)(C) of this title), through at least April, 1, 2000. “(C) The individual meets the requirements of subsection (a)(3). “(D) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. “(3) (A) Subject to the succeeding provisions of this paragraph, with respect to a qualified individual who makes an election under paragraph (1) to become entitled to basic education assistance under this chapter— “(i) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $2,700; and “(ii) to the extent that basic pay is not so reduced before the qualified individual’s discharge or release from active duty as specified in subsection (a)(4), at the election of the qualified individual— “(I) the Secretary concerned shall collect from the qualified individual; or “(II) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by, an amount equal to the difference between $2,700 and the total amount of reductions under clause (i), which shall be paid into the Treasury of the United States as miscellaneous receipts. “(B) (i) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under paragraph (1), for the qualified individual to pay that Secretary the amount due under subparagraph (A). “(ii) Nothing in clause (i) shall be construed as modifying the period of eligibility for and entitlement to basic education assistance under this chapter applicable under section 3031 of this title. “(C) The provisions of subsection (c) shall apply to qualified individuals making elections under this subsection in the same manner as they applied to individuals making elections under subsection (a)(5). “(4) With respect to qualified individuals referred to in para-graph (3)(A)(ii), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which— “(A) the Secretary concerned collects the applicable amount under subclause (I) of such paragraph; or “(B) the retired or retainer pay of the qualified individual is first reduced under subclause (II) of such paragraph. “(5) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice to participants in the educational benefits program under chapter 32 of this title of the opportunity under this subsection to elect to become entitled to basic educational assistance under this chapter.”.

11. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 7(e)(1) · 115 Stat. 25

    Struck · 38 U.S.C. § 3018C(b)

    Pub. L. 107–14 struck out “or (e)” after “subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–14 struck out “or (e)” after “subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (1) Clarification.— Section 3018C(b), as amended by section 104(b) of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419; 114 Stat. 1828), is amended by striking “or (e)”.

12. 2002

    Homeland Security Act of 2002

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

    Substituted · 38 U.S.C. § 3018C(a)(5)

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

    Source evidence

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

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

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

13. 2002

    Pub. L. 107–330 title III § 308(g)(9) · 116 Stat. 2820

    Struck · 38 U.S.C. § 3018C(e)(2)(B)

    Pub. L. 107–330 struck out comma after “April”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(B). Pub. L. 107–330 struck out comma after “April”.

    Enacted provision · exact public law section
    (9) Section 3018C(e)(2)(B) is amended by striking the comma after “April”.

13 of 13 references resolved to an enrolled provision