§ 3232. Duration; limitations

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. § 3232

   Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1632

   Source evidence

   Code source credit
   Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1632

   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. 1982

   Pub. L. 97–258 § 3(k)(2) · 96 Stat. 1065

   Substituted · 38 U.S.C. § 3232

   Pub. L. 97–258 substituted “section 1322(a) of title 31” and “section 1322(a)” for “subsection (a) of section 725s of title 31” and “the last proviso of that subsection”, respectively

   Source evidence

   Code amendment note
   Pub. L. 97–258 substituted “section 1322(a) of title 31” and “section 1322(a)” for “subsection (a) of section 725s of title 31” and “the last proviso of that subsection”, respectively.

3. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 702(8) · 97 Stat. 993

   1. Struck · 38 U.S.C. § 3232

      Pub. L. 98–160 struck out the comma after “title 31”

   2. Substituted · 38 U.S.C. § 3232

      Pub. L. 98–160 substituted “such section” for “section 1322(a)”

   Source evidence

   Code amendment note
   Pub. L. 98–160 struck out the comma after “title 31” and substituted “such section” for “section 1322(a)”.

   Enacted provision · exact public law section
   (8) Section 1632 is amended— (A) by striking out the comma after “title 31”; and (B) by striking out “section 1322(a)” the second place it appears and inserting in lieu thereof “such section”.

4. 1986

   Pub. L. 99–576 title III § 311 · 100 Stat. 3248

   Amended · 38 U.S.C. § 3232

   Pub. L. 99–576 amended section generally. Prior to amendment, section read as follows: “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 veterans’ 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 section 1322(a) of title 31 that the individual’s whereabouts is unknown and the funds shall be transferred as directed in such section.”

   Source evidence

   Code amendment note
   Pub. L. 99–576 amended section generally. Prior to amendment, section read as follows: “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 veterans’ 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 section 1322(a) of title 31 that the individual’s whereabouts is unknown and the funds shall be transferred as directed in such section.”

   Enacted provision · exact public law section
   SEC. 311. DURATION OF AND LIMITATIONS ON ENTITLEMENT TO POSTVIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE. The text of section 1632 is amended to read as follows: “(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, educational assistance benefits shall not be afforded an eligible veteran under this chapter more than 10 years after the date of such veteran’s last discharge or release from active duty. “(2) (A) If any eligible veteran was prevented from initiating or completing such veteran’s chosen program of education during the delimiting period determined under paragraph (1) of this subsection because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application made in accordance with subparagraph (B) of this paragraph, be granted an extension of the applicable delimiting period for such length of time as the Administrator determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education. “(B) An extension of the delimiting period applicable to an eligible veteran may be granted under subparagraph (A) of this paragraph by reason of the veteran’s mental or physical disability only if the veteran submits an application for such extension to the Administrator within one year after (i) the last date of the delimiting period otherwise applicable to the veteran under paragraph (1) of this subsection, or (ii) the termination date of the period of the veteran’s mental or physical disability, whichever is later. “(3) When an extension of the applicable delimiting period is granted an eligible veteran under paragraph (2) of this subsection, the delimiting period with respect to such veteran shall again begin to run on the first day after such veteran’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations prescribed by the Administrator, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter. “(b) (1) In the event that an eligible veteran has not utilized any or all of such veteran’s entitlement by the end of the delimiting period applicable to the veteran under subsection (a) of this section, such eligible veteran is automatically disenrolled. “(2) (A) Any contributions which were made by a veteran disenrolled under paragraph (1) of this subsection and remain in the fund shall be refunded to the veteran after notice of disenrollment is transmitted to the veteran and the veteran applies for such refund. “(B) If no application for refund of contributions under subparagraph (A) of this paragraph is received from a disenrolled veteran within one year after the date the notice referred to in such subparagraph is transmitted to the veteran, it shall be presumed, for the purposes of section 1322(a) of title 31, that the veteran’s whereabouts is unknown and the funds shall be transferred as provided in such section.”.

5. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 420(a)(2)(B) · 103 Stat. 2062

   Inserted · 38 U.S.C. § 3232(a)(1)

   Pub. L. 101–237, § 420(a)(2)(B), inserted “, and subject to paragraph (4),” before “of this subsection”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–237, § 420(a)(2)(B), inserted “, and subject to paragraph (4),” before “of this subsection”.

   Enacted provision · exact public law section
   (B) in paragraph (1), by inserting “, and subject to paragraph (4),” before “of this subsection,”.

6. 1989

   Veterans Education and Employment Amendments of 1989

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

   Substituted · 38 U.S.C. § 3232(a)(2); 38 U.S.C. § 3232(a)(3)

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

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). 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

7. 1989

   Veterans Education and Employment Amendments of 1989

   Pub. L. 101–237 § 420(a)(2)(A) · 103 Stat. 2062

   Added · 38 U.S.C. § 3232(a)(4)

   Pub. L. 101–237, § 420(a)(2)(A), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 101–237, § 420(a)(2)(A), added par. (4).

   Enacted provision · exact public law section
   (A) by adding at the end the following new paragraph: “(4) For purposes of paragraph (1) of this subsection, a veteran’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service unless the individual involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in section 1411(a)(1)(A)(ii)(III) of this title ”; and

8. 1991

   Pub. L. 102–16 § 4 · 105 Stat. 48

   Inserted · 38 U.S.C. § 3232(b)(1)

   Pub. L. 102–16 inserted before comma “and at the end of one year thereafter has not filed a claim for utilizing such entitlement”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–16 inserted before comma “and at the end of one year thereafter has not filed a claim for utilizing such entitlement”.

   Enacted provision · exact public law section
   SEC. 4. EXTENSION OF THE PERIOD PRECEDING AUTOMATIC DISENROLLMENT UNDER CHAPTER 32. Section 1632(b)(1) of title 38, United States Code, is amended by inserting before the comma “and at the end of one year thereafter has not filed a claim for utilizing such entitlement”.

9. 1991

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

   Changed · 38 U.S.C. § 3232

   Pub. L. 102–83, § 5(a), renumbered section 1632 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 1632 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.

10. 1991

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

    Substituted · 38 U.S.C. § 3232(a)(4)

    Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(III)” for “1411(a)(1)(A)(ii)(III)”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(A)(ii)(III)” for “1411(a)(1)(A)(ii)(III)”.

    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.

11. 1996

    Veterans’ Insurance Reform Act of 1996

    Pub. L. 104–275 title I § 106(c)(1) · 110 Stat. 3322

    1. Struck · 38 U.S.C. § 3232(b)(2)(B)

       Pub. L. 104–275 struck out “, for the purposes of section 1322(a) of title 31,” after “it shall be presumed”

    2. Substituted · 38 U.S.C. § 3232(b)(2)(B)

       Pub. L. 104–275 substituted “to the Secretary for payments for entitlement earned under subchapter II of chapter 30” for “as provided in such section”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 104–275 struck out “, for the purposes of section 1322(a) of title 31,” after “it shall be presumed” and substituted “to the Secretary for payments for entitlement earned under subchapter II of chapter 30” for “as provided in such section”.

    Enacted provision · exact public law section
    (1) Subparagraph (B) of section 3232(b)(2) is amended— (A) by striking out “, for the purposes of section 1322(a) of title 31,”; and (B) by striking out “as provided in such section” and inserting in lieu thereof “to the Secretary for payments for entitlement earned under subchapter II of chapter 30”.

12. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title I § 122(b)(2) · 114 Stat. 1822

    Added · 38 U.S.C. § 3232(c)

    Pub. L. 106–419 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–419 added subsec. (c).

    Enacted provision · exact public law section
    (2) Chapter 32.— Section 3232 is amended by adding at the end the following new subsection: “(c) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount paid to such individual for such test by the fulltime monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter. “(3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter”.

    Effective date note
    Amendment by Pub. L. 106–419 effective Mar. 1, 2001, and applicable with respect to licensing and certification tests approved by the Secretary of Veterans Affairs on or after such date, see section 122(d) of Pub. L. 106–419, set out as a note under section 3032 of this title.

13. 2004

    Veterans Earn and Learn Act of 2004

    Pub. L. 108–454 title I § 106(b)(2) · 118 Stat. 3598

    Added · 38 U.S.C. § 3232(d)

    Pub. L. 108–454 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–454 added subsec. (d).

    Enacted provision · exact public law section
    (2) Chapter 32.— Section 3232 is amended by adding at the end the following new subsection: “(d) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. “(2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. “(3) In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.” .

14 of 15 references resolved to an enrolled provision · 1 partial