§ 3231. Entitlement; loan eligibility

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. 1976

   Post-Vietnam Era Veterans’ Educational Assistance Act of 1977

   Pub. L. 94–502 title IV § 404 · 90 Stat. 2383

   Enacted · 38 U.S.C. § 3231

   Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1631

   Source evidence

   Code source credit
   Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1631

   Enacted provision · exact public law section
   Sec. 404. Dart III of title 38, United States Code, is amended by inserting immediately after chapter 31 of such title a new chapter as follows: “CHAPTER 32— POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE “subchapter i— purpose; definitions “Sec. “1601. Purpose. “1602. Definitions. “subchapter ii— eligibility; contributions; and matching fund “1621. Eligibility. “1622. Contributions ; matching fund. “1623. Refunds of contributions upon disenrollment “1624. Death of participant. “1625. Discharge or release under conditions which would bar use of benefits. “subchapter iii— entitlement ; duration “1631. Entitlement; loan eligibility. “1632. Duration; limitations. “subchapter iv—administration “1641. Requirements. “1642. Reporting requirements. “1643. Deposits ; reports. “Subchapter I— Purpose; Definitions “§1601. Purpose “It is the purpose of this chapter (1) to provide educational assistance to those men and women who enter the Armed Forces after December 31, 1976, (2) to assist young men and women in obtaining an education they might not otherwise be able to afford, and (3) to promote and assist the all volunteer military program of the United States by attracting qualified men and women to serve in the Armed Forces. “§1602. Definitions “For the purposes of this chapter— “(1) (A) The term ‘eligible veteran’ means any veteran who (i) initially entered military service on or after January 1, 1977, served on active duty for a period of more than 180 days commencing on or after such date, and was discharged or released therefrom under conditions other than dishonorable, or (ii) initially entered military service on or after January 1, 1977, and was discharged or released from active duty after such date for a service-connected disability. “(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who has completed his or her first obligated period of active duty ( which began after December 31, 1976) or 6 yeai’s of active duty (which began after December 31, 1976), whichever period is less. “(C) For the purposes of subparagraphs (A) and (B), the term ‘active duty’ does not include any period during which an individual (i) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (ii) served as a cadet or midshipman at one of the service academies, or (iii) served under the provisions of section 511(d) 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. “(2) The terms ‘program of education’ and ‘educational institution’ shall have the same meaning ascribed to them in sections 38 USC 1652. 1652(b) and 1652 (c), respectively, of this title. “(3) The term ‘participant’ is a person who is participating in the educational benefits program established under this chapter. “Subchapter II— Eligibility; Contributions; and Matching Fund “§1621. Eligibility “(a) Each person entering military service on or after January 1, 1977, shall have the right to enroll in the educational benefits program provided by this chapter (hereinafter in this chapter referred to as the ‘program’ except where tire text indicates otherwise) at any time during such person’s service on active duty. When a person elects to enroll in the program, such person must participate for at least 12 consecutive months before disenrolling or suspending participation. “(b) The requirement for 12 consecutive months of participation required by subsection (a) of this section shall not apply when (1) the participant suspends participation or disenrolls from the program because of personal hardship as defined in regulations issued jointly by the Administrator and the Secretary of Defense (hereinafter in this chapter referred to as the ‘Secretary’), or (2) the participant is discharged or released from active duty. “(c) A participant shall be permitted to suspend participation or disenroll from the program at the end of any 12-consecutive-month period of participation. If participation is suspended, the participant shall be eligible to make additional contributions to the program under such terms and conditions as shall be prescribed by regulations issued jointly by the Administrator and the Secretary. “(d) If a participant disenrolls from the program, such participant forfeits any entitlement to benefits under the program except as provided in subsection (e) of this section. A participant Who disenrolls from the program is eligible for a refund of such participant’s contributions as provided in section 1623 of this title. “(e) A participant who has disenrolled may be permitted to reenroll in the program under such conditions as shall be prescribed jointly by the Administrator and the Secretary. “§1622. Contributions; matching fund “(a) Each person electing to participate in the program shall agree to have a monthly deduction made from such person’s military pay. Such monthly deduction shall be in any amount not less than $50 nor more than $75 except that the amount must be divisible by 5. Any such amount contributed by the participant or contributed by the Secretary pursuant to subsection (c) of this section shall lie deposited in a deposit fund account entitled the ‘Post—Vietnam Era Veterans Education Account’ (hereinafter in this chapter referred to as the‘fund’) to be established in the Treasury of the United States, Contributions made by the participant shall be limited to a maximum of $2,700. “(b) Except as otherwise provided in this chapter, each monthly contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Veterans’ Administration at the rate of $2 for each $1 contributed by the participant. “(c) The Secretary is authorized to contribute to the fund of any participant such contributions as the Secretary deems necessary or appropriate to encourage persons to enter or remain in the Armed Forces. The Secretary is authorized to issue such rules and regulations Rules and regulations. as the Secretary deems necessary or appropriate to implement the provisions of this subsection. “§ 1623. Refunds of contributions upon disenrollment “(a) Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in section 1624. “(b) If a participant disenrolls from the program prior to discharge or release from active duty, such participant’s contributions will be refunded on the date of the participant’s discharge or release from active duty or within 60 days of receipt of notice by the Administrator of the participant’s discharge or disenrollment. except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Administrator and the Secretary. “(c) If a participant disenrolls from the program after discharge or release from active duty, the participant’s contributions shall be refunded within 60 days of receipt of an application for a refund from the participant, “(d) In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part, of such participant’s entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary under the authority of section 1622(c) remaining in the fund shall be refunded to the Secretary. “§ 1624. Death of participant “(a) If a participant, dies, the amount of such participant’s unused contributions to the fund shall be paid (1) to the beneficiary or beneficiaries designated by such participant under such participant’s Servicemen’s Group Life Insurance policy, or (2) to the participant’s estate if no beneficiary has been designated under such policy or if the participant is not insured under the Servicemen’s Group Life Insurance program. “(b) If a participant dies after having been discharged or released from active duty and before using any or all of the contributions which the participant made to the fund, such unused contributions shall be paid as prescribed in subsection (a) of this section. “§ 1625. Discharge or release under conditions which would bar the use of benefits “If a participant in the program is discharged or released from active duty under dishonorable conditions, such participant is automatically disenrolled and any contributions made by such participant shall be refunded to such participant on the date of such participant’s discharge or release from active duty or within 60 days from receipt of notice by the Administrator of such discharge or release, whichever is later. “Subchapter III— Entitlement; Duration “§1631. Entitlement; Loan eligibility “(a) (1) A participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of part-time benefit payments). “(2) The amount of the monthly payment to which any eligible veteran is entitled shall be ascertained by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions made to the fund for such veteran by the Secretary, and (D) dividing the sum by the lesser of 36 or the number of months in which contributions were made by such veteran. “(3) Payment of benefits under this chapter may be made only for periods of time during which an eligible veteran is actually enrolled in and pursuing an approved program of education and, except as provided in paragraph (4), only after an eligible veteran has been discharged or released from active duty. “(4) Payment of benefits under tins chapter may be made after a participant has completed his or her first obligated period of active duty (which began after December 31, 1976), or 6 years of active duty (which began after December 31, 1976), whichever period is less. “(b) Any enlisted member of the Armed Forces participating in (he program shall be eligible to participate in the Predischarge Education Program (PREP), authorized by subchapter VI of chapter 38 USC 1681. 34 of this title, during the last 6 months of such member’s first enlistment. “(c) When an eligible veteran is pursuing either a program of education under this chapter by correspondence or a program of flight training, such eligible veteran’s entitlement shall be charged at the rate of 1 month’s entitlement for each month of benefits paid to the eligible veteran (computed on the basis of the formula provided in subsection (a)(2) of this section). “(d) Eligible veterans participating in the program shall be eligible for education loans authorized by subchapter III of chapter 36 of this 38 USC 1798. title in such amounts and on the same terms and conditions as provided in such subchapter, except that the term ‘eligible veteran’ as used in such subchapter shall be deemed to include ‘eligible veteran’ as defined in this chapter. “§ 1632. Duration; limitations “No educational assistance benefits shall be afforded an eligible veteran under this chapter beyond the date of 10 years after such veteran’s last discharge or release from active duty. In the event an eligible veteran has not utilized any or all of such veteran’s entitlement by the end of the 10-year period, such eligible veteran is automatically disenrolled and any contributions made by such veteran remaining in the fund shall be refunded to the veteran following notice to the veteran and an application by the veteran for such refund. If no application is received within 1 year from date of notice, it will be presumed for the purposes of subsection (a) of section 725s of title 31, that the individual’s whereabouts is unknown and the funds shall be transfer-red as directed in the last proviso of that subsection. “Subchapter IV— Administration “§1641. Requirements “The provisions of sections 1670, 1671, 1673, 1674, 1676, 1677, 1681 (c), 1683, 1696, and 1698 of this title and the provisions of chapter 36 of this title, with the exception of sections 1777, 1780(c), and 1787, 38 USC 1770et seq.. shall be applicable to the program. “§ 1642. Reporting requirements “The Administrator and the Secretary shall, within 90 days after the date of enactment of this chapter, submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a joint report, containing their respective plans for implementation of the program provided for in this chapter. The Administrator and the Secretary shall submit to such committees a report each year detailing the operations of the program during the preceding year. The first such annual report shall be submitted 15 months after the date of enactment of this section. “§1643. Deposits; reports “Deductions made by the Department of Defense from the military pay of any participant shall be promptly transferred to the Administrator for deposit in the fund. The Secretary shall also submit to the Report to Administrator. Administrator a report each month showing the name, service number, and the amount of the deduction made from the military pay of each initial enrollee, any contribution made by the Secretary pursuant to section 1622(c), as well as any changes in each participant’s enrollment and/or contribution. The report shall also include any additional information the Administrator and the Secretary deem necessary to administer this program. The Administrator shall maintain accounts showing contributions made to the fund by individual participants and by the Secretary as well as disbursements made from the fund in the form of benefits.”.

2. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 404 · 94 Stat. 2171

   1. Inserted · 38 U.S.C. § 3231(a)(1)

      Pub. L. 96–466, § 404, inserted reference to provisions of section 1795 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Veterans’ Administration

   2. Substituted · 38 U.S.C. § 3231(a)(1)

      Pub. L. 96–466, § 404, substituted reference to part-time benefits, for reference to part-time benefit payments

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 96–466, § 404, inserted reference to provisions of section 1795 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Veterans’ Administration, and substituted reference to part-time benefits, for reference to part-time benefit payments.

   Enacted provision · exact public law section
   Sec. 404. limitation on period of assistance under two or more programs Paragraph (1) of section 1631(a) is amended to read as 38 USC 1631. follows: “(1) Subject to the provisions of section 1795 of this title limiting the 38 USC 1795. aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Veterans’ Administration, a participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of part-time benefits).”.

3. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 § 403 · 94 Stat. 2171

   Substituted · 38 U.S.C. § 3231(b)

   Pub. L. 96–466, § 403, substituted reference to enrolling in a course, courses, or program of education for the purpose of attaining a secondary school diploma or an equivalency certificate during the last six months of such member’s first enlistment and at any time thereafter, for reference to participating in the Predischarge Education Program authorized by subchapter VI of chapter 34 of this title during the last 6 months of such member’s first enlistment

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–466, § 403, substituted reference to enrolling in a course, courses, or program of education for the purpose of attaining a secondary school diploma or an equivalency certificate during the last six months of such member’s first enlistment and at any time thereafter, for reference to participating in the Predischarge Education Program authorized by subchapter VI of chapter 34 of this title during the last 6 months of such member’s first enlistment.

   Enacted provision · exact public law section
   Sec. 403. entitlement-free pursuit of programs of secondary education Subsection (b) of section 1631 is amended to read as 38 USC 1631. follows: “(b) Any enlisted member of the Armed Forces participating in the program shall be eligible to enroll in a course, courses, or program of education for the purpose of attaining a secondary school diploma (or an equivalency certificate), as authorized by section 1691(a) of this 38 USC 1691. title, during the last six months of such member’s first enlistment and at any time thereafter.”.

4. 1981

   Pub. L. 97–35 § 2003(a)(1) · 95 Stat. 357

   Struck · 38 U.S.C. § 3231(c)

   Pub. L. 97–35, § 2003(a)(1), struck out applicability to a program of flight training

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–35, § 2003(a)(1), struck out applicability to a program of flight training.

   Enacted provision · exact public law section
   (1) Section 1631(c) of title 38, United States Code, is amended by striking out “either” and “or a program of flight training”.

5. 1981

   Pub. L. 97–35 § 2005(a) · 95 Stat. 357

   Struck · 38 U.S.C. § 3231(d)

   Pub. L. 97–35, § 2005(a), struck out subsec. (d) which related to eligibility of veterans for loans authorized by subchapter III of chapter 36 of this title

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–35, § 2005(a), struck out subsec. (d) which related to eligibility of veterans for loans authorized by subchapter III of chapter 36 of this title.

   Enacted provision · exact public law section
   (a) Section 1631 of title 38, United States Code, is amended by striking out subsection (d).

6. 1986

   Pub. L. 99–576 title III § 310(b)(1) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 3231(a)(2)

   Pub. L. 99–576 substituted “Except as provided in section 1633 of this title and subject to section 1641 of this title, the” for “The”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 99–576 substituted “Except as provided in section 1633 of this title and subject to section 1641 of this title, the” for “The”.

   Enacted provision · exact public law section
   (1) Section 1631(a)(2) is amended by striking out “The” and inserting in lieu thereof “Except as provided in section 1633 of this title and subject to section 1641 of this title, the”.

7. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 108(b)(2) · 102 Stat. 4161

   Added · 38 U.S.C. § 3231(d)

   Pub. L. 100–689, § 108(b)(2), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–689, § 108(b)(2), added subsec. (d).

   Enacted provision · exact public law section
   (2) Section 1631 is amended by adding at the end the following new subsection: “(d) (1) The amount of the monthly benefit payment to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly benefit otherwise payable to such individual (computed on the basis of the formula provided in subsection (a)(2) of this section). “(2) For each month that an individual is paid a monthly benefit payment for pursuit of a cooperative program under this chapter, the individual’s entitlement under this chapter shall be charged at the rate 80 percent of a month.’.

8. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 § 122 · 102 Stat. 4161

   Added · 38 U.S.C. § 3231(e)

   Pub. L. 100–689, § 122, added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–689, § 122, added subsec. (e).

   Enacted provision · exact public law section
   SEC. 122. EDUCATIONAL ASSISTANCE FOR CERTAIN INCARCERATED VETERANS UNDER THE POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE PROGRAM. Section 1631 is amended by adding at the end the following new subsection (after the subsection added by section 108(b)(2) of this Act): “(a) (1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance benefits paid to an eligible veteran who is pursuing a program of education under this chapter while incarcerated in a Federal, State, or local penal institution for conviction of a felony may not exceed the lesser of (A) such amount as the Administrator determines, in accordance with regulations which the Administrator shall prescribe, is necessary to cover the cost of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same program and the cost of necessary supplies, books, and equipment, or (B) the applicable monthly benefit payment otherwise prescribed in this section or section 1633 of this title. The amount of the educational assistance benefits payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Administrator) or under any State or local program. “(2) Paragraph (1) of this subsection shall not apply in the case of any veteran who is pursuing a program of education under this Chapter while residing in a halfway house or participating in a work-release program in connection with such veteran’s conviction of a felony.”.

9. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 423(b)(1)(B) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 3231(a)(1)

   Pub. L. 101–237, § 423(b)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–237, § 423(b)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

   Enacted provision · exact public law section
   (B) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department of Veterans Affairs”.

10. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(4)(A) · 103 Stat. 2062

    Inserted · 38 U.S.C. § 3231(a)(2)(C)

    Pub. L. 101–237, § 423(b)(4)(A), inserted “of Defense” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 101–237, § 423(b)(4)(A), inserted “of Defense” after “Secretary”.

    Enacted provision · exact public law section
    (A) Sections 1418(a)(3), 1621(c), 1621(e), 1622(a), 1622(d), 1623(b), 1631(a)(2)(C), and 1642.

11. 1989

    Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 § 423(b)(1)(A) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3231(e)(1)

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

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator” wherever appearing.

    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

12. 1991

    Pub. L. 102–16 § 7(b)(1) · 105 Stat. 48

    Inserted · 38 U.S.C. § 3231(a)(2)

    Pub. L. 102–16, § 7(b)(1), inserted “subsection (f) of this section and” after “Except as provided in”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–16, § 7(b)(1), inserted “subsection (f) of this section and” after “Except as provided in”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2), by inserting “subsection (f) of this section and” after “provided in”; and

13. 1991

    Pub. L. 102–16 § 7(b)(2) · 105 Stat. 48

    Added · 38 U.S.C. § 3231(f)

    Pub. L. 102–16, § 7(b)(2), added subsec. (f)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–16, § 7(b)(2), added subsec. (f).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(f) (1) Subject to subsection (a)(1) of this section, each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of section 1641(b) of this title shall be paid educational assistance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees (other than tuition and fees charged for or attributable to solo flying hours) which similarly circumstanced nonveterans enrolled in the same flight course are required to pay. “(2) No payment may be paid under this chapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of flight training until the Secretary has received from that individual and the institution providing such training a certification of the flight training received by the individual during that month and the tuition and other fees charged for that training. “(3) The entitlement of an eligible veteran pursuing a program of education described in paragraph (1) of this subsection shall be charged at the rate of one month for each amount of educational assistance paid which is equal to the monthly benefit otherwise payable to such veteran (computed on the basis of the formula provided in subsection (a)(2) of this section).”.

14. 1991

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

    Changed · 38 U.S.C. § 3231

    Pub. L. 102–83, § 5(a), renumbered section 1631 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1631 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.

15. 1991

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

    Substituted · 38 U.S.C. § 3231(a)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “3695” for “1795”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “3695” for “1795”.

    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.

16. 1991

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

    1. Substituted · 38 U.S.C. § 3231(a)(2)

       Pub. L. 102–83, § 5(c)(1), substituted “3233” for “1633”

    2. Substituted · 38 U.S.C. § 3231(a)(2)

       Pub. L. 102–83, § 5(c)(1), substituted “3241” for “1641”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(c)(1), substituted “3233” for “1633” and “3241” for “1641”.

    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.

17. 1991

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

    Substituted · 38 U.S.C. § 3231(b)

    Pub. L. 102–83, § 5(c)(1), substituted “3491(a)” for “1691(a)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3491(a)” for “1691(a)”.

    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.

18. 1991

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

    Substituted · 38 U.S.C. § 3231(e)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “3233” for “1633”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 102–83, § 5(c)(1), substituted “3233” for “1633”.

    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.

19. 1991

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

    Substituted · 38 U.S.C. § 3231(f)

    Pub. L. 102–83, § 5(c)(1), substituted “3241(b)” for “1641(b)” in par. (1)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3241(b)” for “1641(b)” in par. (1).

    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.

20. 1991

    Veterans’ Educational Assistance Amendments of 1991

    Pub. L. 102–127 § 2(b)(2) · 105 Stat. 619

    Inserted · 38 U.S.C. § 3231(a)(2)

    Pub. L. 102–127, § 2(b)(2), inserted “in paragraph (5)(E) of this subsection and” after “Except as provided”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–127, § 2(b)(2), inserted “in paragraph (5)(E) of this subsection and” after “Except as provided”.

    Enacted provision · exact public law section
    (2) Section 3231(a)(2) of such title is amended by inserting “in paragraph (5)(E) of this subsection and” after “Except as provided”.

21. 1991

    Veterans’ Educational Assistance Amendments of 1991

    Pub. L. 102–127 § 2(b)(1) · 105 Stat. 619

    Added · 38 U.S.C. § 3231(a)(5)

    Pub. L. 102–127, § 2(b)(1), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 102–127, § 2(b)(1), added par. (5).

    Enacted provision · exact public law section
    (1) Section 3231(a) of such title is amended by adding at the end the following new paragraph: “(5) (A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph— “(i) shall not be charged against the entitlement of any eligible veteran under this chapter; and “(ii) shall not be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of assistance. “(B) The payment of an educational assistance allowance referred to in subparagraph (A) of this paragraph is any payment of a monthly benefit under this chapter to an eligible veteran for pursuit of a course or courses under this chapter if the Secretary finds that the eligible veteran— “(i) in the case of a person not serving on active duty, had to discontinue such course pursuit as a result of being ordered, in connection with the Persian Gulf War, to serve on active duty under section 672 (a), (d), or (g), 673, 673b, or 688 of title 10; or “(ii) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered, in connection with such War, to a new duty location or assignment or to perform an increased amount of work; and “(iii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) or (ii) of this subparagraph, his or her course pursuit. “(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(iii) of this paragraph. “(D) The amount in the fund for each eligible veteran who received a payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall be restored to the amount that would have been in the fund for the veteran if the payment had not been made. For purposes of carrying out the previous sentence, the Secretary of Defense shall deposit into the fund, on behalf of each such veteran, an amount equal to the entire amount of the payment made to the veteran. “(E) In the case of a veteran who discontinues pursuit of a course or courses as described in subparagraph (B) of this paragraph, the formula for ascertaining the amount of the monthly payment to which the veteran is entitled in paragraph (2) of this subsection shall be implemented as if— “(i) the payment made to the fund by the Secretary of Defense under subparagraph (D) of this paragraph, and “(ii) any payment for a course or courses described in subparagraph (B) of this paragraph that was paid out of the fund, had not been made or paid.”.

22. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 310(c)(1) · 106 Stat. 4320

    Struck · 38 U.S.C. § 3231(f)(1)

    Pub. L. 102–568, § 310(c)(1), struck out “(other than tuition and fees charged for or attributable to solo flying hours)” after “for tuition and fees”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 102–568, § 310(c)(1), struck out “(other than tuition and fees charged for or attributable to solo flying hours)” after “for tuition and fees”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “(other than tuition and fees charged for or attributable to solo flying hours)”; and

23. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 310(c)(2) · 106 Stat. 4320

    Added · 38 U.S.C. § 3231(f)(4)

    Pub. L. 102–568, § 310(c)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 102–568, § 310(c)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph (4): “(4) The number of solo flying hours for which an individual may be paid an educational assistance allowance under this subsection may not exceed the minimum number of solo flying hours required by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual’s flight training.”.

24. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 title I § 105(b) · 110 Stat. 3322

    1. Redesignated · 38 U.S.C. § 3231(d)(f)

       Pub. L. 104–275 redesignated subsecs. (e) and (f) as (d) and (e), respectively

    2. Struck · 38 U.S.C. § 3231(d)(f)

       Pub. L. 104–275 struck out former subsec. (d) which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 104–275 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows:

    “(d)(1) The amount of the monthly benefit payment to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly benefit otherwise payable to such individual (computed on the basis of the formula provided in subsection (a)(2) of this section). “(2) For each month that an individual is paid a monthly benefit payment for pursuit of a cooperative program under this chapter, the individual’s entitlement under this chapter shall be charged at the rate 80 percent of a month.”

    Enacted provision · exact public law section
    (b) Chapter 32.— Section 3231 is amended by striking out subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

25. 1998

    Pub. L. 105–368 title X § 1005(b)(7) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 3231(a)(2)

    Pub. L. 105–368 substituted “subsection (e)” for “subsection (f)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 105–368 substituted “subsection (e)” for “subsection (f)”.

    Enacted provision · exact public law section
    (7) Section 3231(a)(2) is amended by striking “subsection (f)” and inserting “subsection (e)”.

26. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 103(a) · 115 Stat. 976

    Substituted · 38 U.S.C. § 3231(a)(5)(B)(i)

    Pub. L. 107–103, § 103(a), substituted “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;” for “, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B)(i). Pub. L. 107–103, § 103(a), substituted “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;” for “, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b, or 688 of title 10;”.

    Enacted provision · exact public law section
    (a) In General.— Sections 3013(f)(2)(A), 3231(a)(5)(B)(i), and 3511(a)(2)(B)(i) are each amended by striking “, in connection with the Persian Gulf War, to serve on active duty under section 672 (a), (d), or (g), 673, 673b, or 688 of title 10;” and inserting “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;”.

    Effective date note
    Amendment by Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title.

27. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 103(d) · 115 Stat. 976

    Struck · 38 U.S.C. § 3231(a)(5)(B)(ii)

    Pub. L. 107–103, § 103(d), struck out “, in connection with such War,” after “being ordered”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(B)(ii). Pub. L. 107–103, § 103(d), struck out “, in connection with such War,” after “being ordered”.

    Enacted provision · exact public law section
    (d) Conforming Amendments.— Sections 3013(f)(2)(B) and 3231(a)(5)(B)(ii) of such title are each amended by striking “, in connection with such War,”.

    Effective date note
    Amendment by Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title.

28. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 title X § 1002(c) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 3231(d)(1)

    Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

    Enacted provision · exact public law section
    (c) Educational Assistance Benefits for Post-Vietnam Era Veterans.— Section 3231(d)(1) is amended by striking “or local penal institution” and inserting “local, or other penal institution or correctional facility”.

31 of 31 references resolved to an enrolled provision