-CITE- 38 USC CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM -HEAD- CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM -MISC1- SUBCHAPTER I - PURPOSES; DEFINITIONS Sec. 3001. Purposes. 3002. Definitions. SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE 3011. Basic educational assistance entitlement for service on active duty. 3012. Basic educational assistance entitlement for service in the Selected Reserve. 3013. Duration of basic educational assistance. 3014. Payment of basic educational assistance. 3014A. Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry. 3015. Amount of basic educational assistance. 3016. Inservice enrollment in a program of education. 3017. Death benefit. 3018. Opportunity for certain active-duty personnel to withdraw election not to enroll. 3018A. Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service. 3018B. Opportunity for certain persons to enroll. 3018C. Opportunity for certain VEAP participants to enroll. 3019. Tutorial assistance. 3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills. SUBCHAPTER III - SUPPLEMENTAL EDUCATIONAL ASSISTANCE 3021. Supplemental educational assistance for additional service. 3022. Amount of supplemental educational assistance. 3023. Payment of supplemental educational assistance under this subchapter. SUBCHAPTER IV - TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS 3031. Time limitation for use of eligibility and entitlement. 3032. Limitations on educational assistance for certain individuals. 3033. Bar to duplication of educational assistance benefits. 3034. Program administration. 3035. Allocation of administration and of program costs. 3036. Reporting requirement. AMENDMENTS 2002 - Pub. L. 107-330, title III, Sec. 308(b)(2)(B), Dec. 6, 2002, 116 Stat. 2827, amended item 3014A generally, substituting "in high technology occupation in high technology industry" for "in high technology industry". 2001 - Pub. L. 107-107, div. A, title VI, Sec. 654(a)(2), Dec. 28, 2001, 115 Stat. 1156, added item 3020. Pub. L. 107-103, title I, Sec. 104(a)(2), Dec. 27, 2001, 115 Stat. 981, added item 3014A. 1996 - Pub. L. 104-275, title I, Sec. 106(b)(1), Oct. 9, 1996, 110 Stat. 3329, added item 3018C. 1992 - Pub. L. 102-484, div. D, title XLIV, Sec. 4404(b)(1), Oct. 23, 1992, 106 Stat. 2706, added item 3018B. 1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 1401 to 1436 as 3001 to 3036, respectively. Pub. L. 102-54, Sec. 14(c)(2), June 13, 1991, 105 Stat. 285, substituted "subchapter" for "chapter" in item 1423. 1990 - Pub. L. 101-510, div. A, title V, Sec. 561(a)(2), Nov. 5, 1990, 104 Stat. 1573, added item 1418A. 1988 - Pub. L. 100-689, title I, Secs. 101(b), 103(c), 107(a)(3), Nov. 18, 1988, 102 Stat. 4162, 4166, 4168, added items 1417 to 1419. 1986 - Pub. L. 99-576, title III, Sec. 301(d)(2), Oct. 28, 1986, 100 Stat. 3268, amended item 1432 generally, substituting "Limitations" for "Limitation". -End- -CITE- 38 USC SUBCHAPTER I - PURPOSES; DEFINITIONS 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER I - PURPOSES; DEFINITIONS -HEAD- SUBCHAPTER I - PURPOSES; DEFINITIONS -End- -CITE- 38 USC Sec. 3001 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER I - PURPOSES; DEFINITIONS -HEAD- Sec. 3001. Purposes -STATUTE- 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 extend the benefits of a higher education to qualifying men and women who might not otherwise be able to afford such an education; (3) to provide for vocational readjustment and to restore lost educational opportunities to those service men and women who served on active duty after June 30, 1985; (4) 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; (5) to give special emphasis to providing educational assistance benefits to aid in the retention of personnel in the Armed Forces; and (6) to enhance our Nation's competitiveness through the development of a more highly educated and productive work force. -SOURCE- (Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2553, Sec. 1401; amended Pub. L. 100-48, Sec. 5, June 1, 1987, 101 Stat. 331; renumbered Sec. 3001, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.) -MISC1- PRIOR PROVISIONS Prior section 3001 was renumbered section 5101 of this title. AMENDMENTS 1991 - Pub. L. 102-83 renumbered section 1401 of this title as this section. 1987 - Pars. (2) to (6). Pub. L. 100-48 added pars. (2), (3), and (6), redesignated former pars. (2) and (3) as (4) and (5), respectively, struck out "and" after "Forces;" in par. (4), and substituted "Forces; and" for "Forces." in par. (5). -End- -CITE- 38 USC Sec. 3002 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER I - PURPOSES; DEFINITIONS -HEAD- Sec. 3002. Definitions -STATUTE- 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" - (A) has the meaning given such term in section 3452(b) of this title; (B) includes - (i) a preparatory course for a test that is required or used for admission to an institution of higher education; and (ii) a preparatory course for a test that is required or used for admission to a graduate school; and (C) in the case of an individual who is not serving on active duty, includes (i) a full-time program of apprenticeship or of other on-job training approved as provided in clause (1) or (2), as appropriate, of section 3687(a) of this title, and (ii) a cooperative program (as defined in section 3482(a)(2) 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 10143(a) of title 10. (5) The term "Secretary of Defense" means the Secretary of Defense, except that it means the Secretary of Homeland Security 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) served under the provisions of section 12103(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, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. (7) The term "active duty" includes full-time National Guard duty first performed after June 30, 1985, by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard. (8) The term "educational institution" has the meaning given such term in section 3452(c) of this title. -SOURCE- (Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, Sec. 1402; amended Pub. L. 99-576, title III, Sec. 301(a), Oct. 28, 1986, 100 Stat. 3267; Pub. L. 100-689, title I, Secs. 108(a)(1), 111(a)(1), Nov. 18, 1988, 102 Stat. 4169, 4170; Pub. L. 101-237, title IV, Sec. 423(b)(3), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-510, div. A, title V, Sec. 563(a), Nov. 5, 1990, 104 Stat. 1575; renumbered Sec. 3002 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-337, div. A, title XVI, Sec. 1677(d)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 103-446, title VI, Sec. 603(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104-275, title I, Sec. 107(a), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106-117, title VII, Sec. 701, Nov. 30, 1999, 113 Stat. 1582; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109-163, div. A, title V, Sec. 515(e)(2), Jan. 6, 2006, 119 Stat. 3236.) -MISC1- PRIOR PROVISIONS Prior sections 3002 to 3004 were renumbered sections 5102 to 5104 of this title, respectively. Another prior section 3004, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1225, related to reopening of disallowed claims and to effective date of any subsequent awards, prior to repeal by Pub. L. 87-825, Secs. 5(a), 7, Oct. 15, 1962, 76 Stat. 950, effective first day of second calendar month which begins after Oct. 15, 1962. Prior sections 3005 to 3010 were renumbered sections 5105 to 5110 of this title, respectively. AMENDMENTS 2006 - Par. (6)(C). Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve". 2002 - Par. (5). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". 1999 - Par. (3)(B), (C). Pub. L. 106-117 added subpar. (B) and redesignated former subpar. (B) as (C). 1996 - Par. (7). Pub. L. 104-275 substituted "June 30, 1985" for "November 29, 1989". 1994 - Par. (4). Pub. L. 103-337, Sec. 1677(d)(2)(A), substituted "section 10143(a) of title 10" for "section 268(b) of title 10". Par. (6). Pub. L. 103-337, Sec. 1677(d)(2)(B), substituted "section 12103(d) of title 10" for "section 511(d) of title 10". Par. (8). Pub. L. 103-446 added par. (8). 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1402 of this title as this section. Par. (3). Pub. L. 102-83, Sec. 5(c)(1), substituted "3452(b)" for "1652(b)" in subpar. (A) and "3687(a)" for "1787(a)" and "3482(a)(2)" for "1682(a)(2)" in subpar. (B). 1990 - Par. (7). Pub. L. 101-510 added par. (7). 1989 - Par. (5). Pub. L. 101-237 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "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." 1988 - Par. (3)(B). Pub. L. 100-689, Sec. 111(a)(1), substituted "in the case of an individual who is not serving on active duty, includes" for "includes". Pub. L. 100-689, Sec. 108(a)(1), inserted cl. (i) designation and added cl. (ii). 1986 - Par. (3). Pub. L. 99-576 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The term 'program of education' has the meaning given such term in section 1652(b) of this title." EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. EFFECTIVE DATE OF 1990 AMENDMENT Section 563(b) of Pub. L. 101-510, as amended by Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "The amendment made by this section [amending this section] shall apply only to individuals who before the date of entry on active duty, as defined in section 3002(7) [formerly 1402(7)] of title 38, United States Code (as added by subsection (a)), have never served on active duty as defined in section 101(21) of that title." EFFECTIVE DATE OF 1988 AMENDMENT Section 108(c) of Pub. L. 100-689 provided that: "The amendments made by this section [amending this section and sections 1432, 1602, and 1631 [now 3032, 3202, and 3231] of this title] shall take effect on January 1, 1989." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- ELECTION OF BENEFITS UNDER 1996 AMENDMENTS Section 107(b) of Pub. L. 104-275 provided that: "(1) An individual may only become eligible for benefits under chapter 30 of title 38, United States Code, as a result of the amendment made by subsection (a) [amending this section] by making an election to become entitled to basic educational assistance under such chapter. The election may only be made during the nine- month period beginning on the date of the enactment of this Act [Oct. 9, 1996] and in the manner required by the Secretary of Defense. "(2) In the case of any individual making an election under paragraph (1) - "(A) the basic pay of an individual who, while a member of the Armed Forces, makes an election under paragraph (1) 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 "(B) to the extent that basic pay is not so reduced before the individual's discharge or release from active duty, the Secretary of Veterans Affairs shall collect from an individual who makes such an election an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which amount shall be paid into the Treasury as miscellaneous receipts. "(3) In the case of any individual making an election under paragraph (1), the 10-year period referred to in section 3031 of such title shall begin on the later of - "(A) the date determined under such section 3031; or "(B) the date on which the election under paragraph (1) becomes effective." -End- -CITE- 38 USC SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -HEAD- SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -End- -CITE- 38 USC Sec. 3011 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -HEAD- Sec. 3011. Basic educational assistance entitlement for service on active duty -STATUTE- (a) Except as provided in subsection (c) of this section, each individual - (1) who - (A) after June 30, 1985, 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) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or (ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability, for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (II) for the convenience of the Government, if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (B) as of December 31, 1989, is eligible for educational assistance benefits under chapter 34 of this title and was on active duty at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service and - (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, for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph; (II) for the convenience of the Government, if the individual completed not less than 30 months of continuous active duty after that date; or (III) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; or (C) as of December 31, 1989, was eligible for educational assistance benefits under chapter 34 of this title and - (i) was not on active duty on October 19, 1984; (ii) reenlists or reenters on a period of active duty after October 19, 1984; and (iii) on or after July 1, 1985, either - (I) serves at least three years of continuous active duty in the Armed Forces; or (II) is discharged or released from active duty (aa) for a service-connected disability, for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph, (bb) for the convenience of the Government, if the individual completed not less than 30 months of continuous active duty after that date, or (cc) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (2) who completes the requirements of a secondary school diploma (or equivalency certificate), or successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, before applying for benefits under this section; and (3) who, after completion of the service described in clause (1) of this subsection - (A) continues on active duty; (B) is discharged from active duty with an honorable discharge; (C) is released after service on active duty characterized by the Secretary concerned as honorable service and is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; or (D) 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)(1) Except as provided in paragraph (2), the basic pay of any individual described in subsection (a)(1)(A) of this section who does not make an election under subsection (c)(1) of this section shall be reduced by $100 for each of the first 12 months that such individual is entitled to such pay. (2) In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate. (3) Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual. (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 is not eligible for educational assistance under this section. (3) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under this section if the individual enters on active duty - (A) before October 1, 1996; or (B) after September 30, 1996, and while participating in such program received more than $3,400 for each year of such participation. (d)(1) For purposes of this chapter, any period of service described in paragraphs (2) and (3) of this subsection shall not be considered a part of an obligated period of active duty on which an individual's entitlement to assistance under this section is based. (2) The period of service referred to in paragraph (1) is any period terminated because of a defective enlistment and induction based on - (A) the individual's being a minor for purposes of service in the Armed Forces; (B) an erroneous enlistment or induction; or (C) a defective enlistment agreement. (3) The period of service referred to in paragraph (1) is also any period of service on active duty which an individual in the Selected Reserve was ordered to perform under section 12301, 12302, 12304, 12306, or 12307 of title 10 for a period of less than 2 years. (e)(1) Any individual eligible for educational assistance under this section who does not make an election under subsection (c)(1) may contribute amounts for purposes of receiving an increased amount of basic educational assistance as provided for under section 3015(g) of this title. Such contributions shall be in addition to any reductions in the basic pay of such individual under subsection (b). (2) An individual covered by paragraph (1) may make the contributions authorized by that paragraph at any time while on active duty, but not more frequently than monthly. (3) The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions shall be made in multiples of $20. (4) Contributions under this subsection shall be made to the Secretary of the military department concerned. That Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts. (f)(1) For the purposes of this chapter, a member referred to in paragraph (2) or (3) of this subsection who serves the periods of active duty referred to in that paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in that paragraph. (2) This subsection applies to a member who - (A) after a period of continuous active duty of not more than 12 months, is discharged or released from active duty under subclause (I) or (III) of subsection (a)(1)(A)(ii) of this section; and (B) after such discharge or release, reenlists or re-enters on a period of active duty. (3) This subsection applies to a member who after a period of continuous active duty as an enlisted member or warrant officer, and following successful completion of officer training school, is discharged in order to accept, without a break in service, a commission as an officer in the Armed Forces for a period of active duty. (g) Notwithstanding section 3002(6)(A) of this title, a period during which an individual is assigned full time by the Armed Forces to a civilian institution for a course of education as described in such section 3002(6)(A) shall not be considered a break in service or a break in a continuous period of active duty of the individual for the purposes of this chapter. (h)(1) Notwithstanding section 3002(6)(B) of this title, a member referred to in paragraph (2) of this subsection who serves the periods of active duty referred to in subparagraphs (A) and (C) of that paragraph shall be deemed to have served a continuous period of active duty whose length is the aggregate length of the periods of active duty referred to in such subparagraphs. (2) This subsection applies to a member who - (A) during the obligated period of active duty on which entitlement to assistance under this section is based, commences pursuit of a course of education - (i) at a service academy; or (ii) at a post-secondary school for the purpose of preparation for enrollment at a service academy; (B) fails to complete the course of education; and (C) re-enters on a period of active duty. (i) The Secretary concerned shall inform any member of the Armed Forces who has not completed that member's obligated period of active duty (as described in subsection (a)(1)(A)) and who indicates the intent to be discharged or released from such duty for the convenience of the Government of the minimum active duty requirements for entitlement to educational assistance benefits under this chapter. Such information shall be provided to the member in a timely manner. -SOURCE- (Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2554, Sec. 1411; amended Pub. L. 99-145, title VI, Sec. 674(1), Nov. 8, 1985, 99 Stat. 665; Pub. L. 99-576, title III, Secs. 303(a)(1), 307(a)(1), 321(1), title VII, Sec. 702(8), Oct. 28, 1986, 100 Stat. 3268, 3269, 3277, 3302; Pub. L. 100-48, Sec. 3(a), June 1, 1987, 101 Stat. 331; Pub. L. 100-689, title I, Secs. 102(a), 103(b)(1), 104(a), 111(a)(2)(A), (3), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4170, 4171; Pub. L. 101-237, title IV, Secs. 409, 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2092; Pub. L. 101-510, div. A, title V, Sec. 562(a)(1), (2), (b), Nov. 5, 1990, 104 Stat. 1573, 1574; Pub. L. 102-16, Sec. 10(a)(1), Mar. 22, 1991, 105 Stat. 55; renumbered Sec. 3011, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, Secs. 302(a)(1), 303(a)(1), 304(a), 305(a), 306(a), Oct. 29, 1992, 106 Stat. 4326-4328; Pub. L. 103-446, title XII, Sec. 1201(e)(10), (f)(2), Nov. 2, 1994, 108 Stat. 4685, 4687; Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(2)(A), Feb. 10, 1996, 110 Stat. 501; Pub. L. 104-201, div. A, title V, Sec. 556(a), Sept. 23, 1996, 110 Stat. 2528; Pub. L. 105-368, title II, Secs. 203(a), 207(a), Nov. 11, 1998, 112 Stat. 3326, 3328; Pub. L. 106-117, title VII, Secs. 702(a), 704, Nov. 30, 1999, 113 Stat. 1583, 1584; Pub. L. 106-419, title I, Secs. 102(a)(1), 103(a), 105(a)(1), Nov. 1, 2000, 114 Stat. 1824, 1825, 1828; Pub. L. 107-14, Sec. 7(a)(1), (c)(1), June 5, 2001, 115 Stat. 31, 32; Pub. L. 107-103, title I, Secs. 105(a), 106(a), Dec. 27, 2001, 115 Stat. 982, 983; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107-330, title III, Sec. 308(a), Dec. 6, 2002, 116 Stat. 2827; Pub. L. 108- 454, title I, Sec. 109(a), Dec. 10, 2004, 118 Stat. 3604.) -MISC1- PRIOR PROVISIONS Prior section 3011 was renumbered section 5111 of this title. Another prior section 3011, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227; Pub. L. 86-490, June 8, 1960, 74 Stat. 161, related to the effective date of an award of increased compensation, dependency and indemnity compensation, or pension, prior to repeal by Pub. L. 87-825, Sec. 5(a), Oct. 15, 1962, 76 Stat. 950. AMENDMENTS 2004 - Subsec. (b). Pub. L. 108-454 substituted "(1) Except as provided in paragraph (2), the basic pay" for "The basic pay", added par. (2), and designated second sentence of existing provisions as par. (3) and substituted "this subsection" for "this chapter". 2002 - Subsec. (a)(1)(A)(ii)(I). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". Subsec. (a)(1)(A)(ii)(III). Pub. L. 107-296, which directed the substitution of "of Homeland Security" for "of Transportation" in subcl. (II), was executed to subcl. (III) to reflect the probable intent of Congress. Subsec. (a)(1)(B)(ii)(III). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". Subsec. (a)(1)(C)(ii). Pub. L. 107-330 struck out "on or" after "active duty". Subsec. (a)(1)(C)(iii)(II)(cc). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". 2001 - Subsec. (a)(1)(A)(i). Pub. L. 107-14, Sec. 7(a)(1), substituted "(I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves" for "serves an obligated period of active duty of". Subsec. (a)(1)(C). Pub. L. 107-103, Sec. 105(a), added subpar. (C). Subsec. (c)(3)(B). Pub. L. 107-103, Sec. 106(a), substituted "$3,400" for "$2,000". Subsec. (e)(2). Pub. L. 107-14, Sec. 7(c)(1)(A), inserted ", but not more frequently than monthly" before period. Subsec. (e)(3). Pub. L. 107-14, Sec. 7(c)(1)(B), substituted "multiples of $20" for "multiples of $4". Subsec. (e)(4). Pub. L. 107-14, Sec. 7(c)(1)(C), substituted "Secretary of the military department concerned. That" for "Secretary. The" and struck out "by the Secretary" after "any amounts received". 2000 - Subsec. (a)(1)(A)(i). Pub. L. 106-419, Sec. 103(a)(1)(A), added cl. (i) and struck out former cl. (i) which read as follows: "who (I) serves, as the individual's initial obligated period of active duty, at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose initial period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or". Subsec. (a)(1)(A)(ii)(II). Pub. L. 106-419, Sec. 103(a)(1)(B), substituted "if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period of obligated service, or, in the case of an individual with an obligated period of service of at least three years, the individual completes not less than 30 months of continuous active duty under that period of obligated service" for "in the case of an individual who completed not less than 20 months of continuous active duty, if the initial obligated period of active duty of the individual was less than three years, or in the case of an individual who completed not less than 30 months of continuous active duty if the initial obligated period of active duty of the individual was at least three years". Subsec. (a)(2). Pub. L. 106-419, Sec. 102(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: "who, except as provided in subsection (e) of this section, completed the requirements of a secondary school diploma (or equivalency certificate) not later than - "(A) the original ending date of the individual's initial obligated period of active duty in the case of an individual described in clause (1)(A) of this subsection, regardless of whether the individual is discharged or released from active duty on such date; or "(B) December 31, 1989, in the case of an individual described in clause (1)(B) of this subsection; except that (i) an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, and (ii) an individual described in clause (1)(A) of this subsection may meet such requirement by having successfully completed (or otherwise received academic credit for) the equivalent of such 12 semester hours before the end of the individual's initial obligated period of active duty; and". Subsec. (d)(1). Pub. L. 106-419, Sec. 103(a)(2), substituted "obligated period of active duty on which an individual's entitlement to assistance under this section is based" for "individual's initial obligated period of active duty". Subsec. (e). Pub. L. 106-419, Sec. 105(a)(1), added subsec. (e). Pub. L. 106-419, Sec. 102(a)(1)(B), struck out subsec. (e) which read as follows: "For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before October 28, 1994, shall be considered to have completed such requirements within the individual's initial obligated period of active duty." Subsec. (h)(2)(A). Pub. L. 106-419, Sec. 103(a)(3), substituted "during the obligated period of active duty on which entitlement to assistance under this section is based," for "during an initial period of active duty,". Subsec. (i). Pub. L. 106-419, Sec. 103(a)(4), struck out "initial" before "obligated period". 1999 - Subsec. (f)(1). Pub. L. 106-117, Sec. 702(a)(1), substituted "paragraph (2) or (3)" for "paragraph (2)". Subsec. (f)(3). Pub. L. 106-117, Sec. 702(a)(2), added par. (3). Subsec. (i). Pub. L. 106-117, Sec. 704, struck out "Federal" before "Government". 1998 - Subsec. (a)(2). Pub. L. 105-368, Sec. 203(a), substituted "successfully completed (or otherwise received academic credit for)" for "successfully completed" in two places in concluding provisions. Subsec. (i). Pub. L. 105-368, Sec. 207(a), added subsec. (i). 1996 - Subsec. (c)(2). Pub. L. 104-201, Sec. 556(a)(1), struck out "or upon completion of a program of educational assistance under section 2107 of title 10" after "Coast Guard Academy". Subsec. (c)(3). Pub. L. 104-201, Sec. 556(a)(2), added par. (3). Subsec. (d)(3). Pub. L. 104-106 substituted "section 12301, 12302, 12304, 12306, or 12307 of title 10" for "section 672, 673, 673b, 674, or 675 of title 10". 1994 - Subsec. (e). Pub. L. 103-446, Sec. 1201(f)(2), substituted "October 28, 1994," for "the end of the 24-month period beginning on the date of the enactment of this subsection". Subsec. (f)(1). Pub. L. 103-446, Sec. 1201(e)(10), substituted "the length of which" for "whose length". 1992 - Subsec. (a)(1)(B). Pub. L. 102-568, Sec. 302(a)(1), substituted "at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service" for "on October 19, 1984, and without a break in service since October 19, 1984,". Subsec. (a)(2). Pub. L. 102-568, Sec. 303(a)(1)(A), inserted ", except as provided in subsection (e) of this section," after "who". Subsec. (e). Pub. L. 102-568, Sec. 303(a)(1)(B), added subsec. (e). Subsec. (f). Pub. L. 102-568, Sec. 304(a), added subsec. (f). Subsec. (g). Pub. L. 102-568, Sec. 305(a), added subsec. (g). Subsec. (h). Pub. L. 102-568, Sec. 306(a), added subsec. (h). 1991 - Pub. L. 102-83 renumbered section 1411 of this title as this section. Subsec. (a)(3). Pub. L. 102-16 added cls. (A) to (C), redesignated former cl. (C) as (D), and struck out former cls. (A) and (B) which read as follows: "(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; "(B) continues on active duty; or". 1990 - Subsec. (a)(1)(A)(ii)(I). Pub. L. 101-510, Sec. 562(a)(1), substituted "for" for "or for" and inserted ", or for a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy" after "hardship". Subsec. (a)(1)(B)(ii)(I). Pub. L. 101-510, Sec. 562(a)(2), substituted "for" for "or for" and inserted ", or for a physical or mental condition that was not characterized as a disability, as described in subparagraph (A)(ii)(I) of this paragraph" after "hardship". Subsec. (d)(1). Pub. L. 101-510, Sec. 562(b)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)". Subsec. (d)(3). Pub. L. 101-510, Sec. 562(b)(2), added par. (3). 1989 - Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted "Secretary" for "Administrator". Subsec. (a)(2). Pub. L. 101-237, Sec. 409, in concluding provisions, inserted cl. (i) designation and added cl. (ii). 1988 - Subsec. (a)(1)(A)(i)(I). Pub. L. 100-689, Sec. 111(a)(2)(A), inserted ", as the individual's initial obligated period of active duty," after "serves". Subsec. (a)(1)(A)(ii). Pub. L. 100-689, Sec. 102(a), inserted in subcl. (I) ", for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,", substituted a semicolon for ", or" before subcl. (II), and added subcl. (III). Subsec. (a)(1)(B)(ii). Pub. L. 100-689, Sec. 102(a), inserted in subcl. (I) ", for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,", substituted a semicolon for ", or" before subcl. (II), and added subcl. (III). Subsec. (a)(2). Pub. L. 100-689, Sec. 104(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "who, before completion of the service described in clause (1) of this subsection, has received a secondary school diploma (or an equivalency certificate); and". Subsec. (b). Pub. L. 100-689, Sec. 103(b)(1), substituted "reduced under this chapter" for "reduced under this subsection". Subsec. (d). Pub. L. 100-689, Sec. 111(a)(3), added subsec. (d). 1987 - Subsec. (a)(1)(A). Pub. L. 100-48 substituted "after June 30, 1985" for "during the period beginning on July 1, 1985, and ending on June 30, 1988". 1986 - Subsec. (a). Pub. L. 99-576, Sec. 702(8), inserted a comma after "of this section". Subsec. (a)(1)(A)(ii)(II). Pub. L. 99-576, Sec. 321(1)(A), inserted "continuous" after "months of" in two places. Subsec. (a)(1)(B). Pub. L. 99-576, Sec. 307(a)(1), inserted "and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,". Subsec. (a)(1)(B)(ii)(II). Pub. L. 99-576, Sec. 321(1)(B), inserted "continuous" after "months of". Subsec. (b). Pub. L. 99-576, Sec. 303(a)(1), substituted "Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual" for "Amounts withheld from basic pay under this subsection shall revert to the Treasury". 1985 - Subsec. (a)(1)(B). Pub. L. 99-145 struck out "and without a break in service on active duty since December 31, 1976," after "chapter 34 of this title". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 2001 AMENDMENTS Pub. L. 107-103, title I, Sec. 106(b), Dec. 27, 2001, 115 Stat. 983, provided that: "The amendments made by subsection (a) [amending this section and section 3012 of this title] shall apply with respect to educational assistance allowances paid under chapter 30 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Dec. 27, 2001]." Pub. L. 107-14, Sec. 7(a)(2), June 5, 2001, 115 Stat. 31, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106-419)." Pub. L. 107-14, Sec. 7(c)(4), June 5, 2001, 115 Stat. 33, provided that: "The amendments made by this subsection [amending this section and sections 3012 and 3015 of this title] shall take effect as if included in the enactment of section 105 of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1828)." EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-419, title I, Sec. 105(c), Nov. 1, 2000, 114 Stat. 1829, provided that: "The amendments made by this section [amending this section and sections 3012 and 3015 of this title] shall take effect on May 1, 2001." EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-117, title VII, Sec. 702(c), Nov. 30, 1999, 113 Stat. 1583, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 30, 1999] and apply with respect to an individual first appointed as a commissioned officer on or after July 1, 1985." EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-368, title II, Sec. 203(b), Nov. 11, 1998, 112 Stat. 3326, provided that: "The amendments made by subsection (a) [amending this section and sections 3012 and 3018 to 3018C of this title] shall take effect on October 1, 1998." Pub. L. 105-368, title II, Sec. 207(d)(1), Nov. 11, 1998, 112 Stat. 3328, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 3012 of this title] shall take effect 120 days after the date of the enactment of this Act [Nov. 11, 1998]." EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103- 337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set out as a note under section 113 of Title 10, Armed Forces. EFFECTIVE DATE OF 1992 AMENDMENT Section 302(b) of Pub. L. 102-568 provided that: "The amendments made by this section [amending this section and sections 3012 and 3031 of this title] shall take effect as of October 28, 1986." Section 304(b) of Pub. L. 102-568 provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after October 1, 1993." Section 305(b) of Pub. L. 102-568 provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if enacted on October 19, 1984." Section 306(b) of Pub. L. 102-568 provided that: "The amendment made by subsection (a) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after October 1, 1993." EFFECTIVE DATE OF 1990 AMENDMENT Section 562(c) of Pub. L. 101-510 provided that: "The amendments made by this section [amending this section and sections 1412 and 3103A [now 3012 and 5303A] of this title] shall take effect as of October 19, 1984." EFFECTIVE DATE OF 1988 AMENDMENT Section 102(c) of Pub. L. 100-689 provided that: "The amendments made by this section [amending this section and sections 1412, 1413, and 3103A [now 3012, 3013, and 5303A] of this title] shall take effect - "(1) as of July 1, 1985, with respect to individuals discharged or released for a medical condition which preexisted service on active duty or in the Selected Reserve and which the Administrator determines is not service connected; and "(2) as of October 1, 1987, with respect to individuals involuntarily discharged or released for the convenience of the Government as a result of a reduction in force." EFFECTIVE DATE OF 1986 AMENDMENT Section 303(b) of Pub. L. 99-576 provided that: "The amendments made by subsection (a) [amending this section and section 1412 [now 3012] of this title] shall apply to any reduction in basic pay made under section 1411(b) [now 3011(b)] or 1412(c) [now 3012(c)] of title 38, United States Code, after December 31, 1985." -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- TRANSITIONAL PROVISION FOR INDIVIDUALS DISCHARGED BETWEEN ENACTMENT AND EFFECTIVE DATE Pub. L. 106-419, title I, Sec. 105(d), Nov. 1, 2000, 114 Stat. 1830, provided that: "(1) During the period beginning on May 1, 2001, and ending on July 31, 2001, an individual described in paragraph (2) may make contributions under section 3011(e) or 3012(f) of title 38, United States Code (as added by subsection (a)), whichever is applicable to that individual, without regard to paragraph (2) of that section and otherwise in the same manner as an individual eligible for educational assistance under chapter 30 of such title who is on active duty. "(2) Paragraph (1) applies in the case of an individual who - "(A) is discharged or released from active duty during the period beginning on the date of the enactment of this Act [Nov. 1, 2000] and ending on April 30, 2001; and "(B) is eligible for educational assistance under chapter 30 of title 38, United States Code." NOTIFICATION REQUIREMENT Section 303(b) of Pub. L. 102-568 directed Secretary of each military department, not later than 60 days after Oct. 29, 1992, to notify each individual who was on active duty in the Armed Forces on Aug. 2, 1990, and who had not met the requirements of a secondary school diploma (or equivalency certificate), of the extension of the period for the completion of such requirements afforded by the amendments made by this section to this section and section 3012 of this title. -End- -CITE- 38 USC Sec. 3012 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -HEAD- Sec. 3012. Basic educational assistance entitlement for service in the Selected Reserve -STATUTE- (a) Except as provided in subsection (d) of this section, each individual - (1) who - (A) after June 30, 1985, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and - (i) serves an obligated period of active duty of at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and (ii) subject to subsection (b) of this section and beginning within one year 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; (B) as of December 31, 1989, is eligible for educational assistance under chapter 34 of this title and was on active duty at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service and - (i) after June 30, 1985, serves at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and (ii) after June 30, 1985, subject to subsection (b) of this section and beginning within one year 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; or (C) as of December 31, 1989, was eligible for educational assistance under chapter 34 of this title and - (i) was not on active duty on October 19, 1984; (ii) reenlists or reenters on a period of active duty on or after October 19, 1984; and (iii) on or after July 1, 1985 - (I) serves at least two years of continuous active duty in the Armed Forces, subject to subsection (b) of this section, characterized by the Secretary concerned as honorable service; and (II) subject to subsection (b) of this section and beginning within one year 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 completes the requirements of a secondary school diploma (or equivalency certificate), or successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, before applying for benefits under this section; and (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)(A) The requirement of two years of service under clauses (1)(A)(i) and (1)(B)(i) of subsection (a) of this section is not applicable to an individual who is discharged or released, during such two years, from active duty in the Armed Forces (i) for a service-connected disability, (ii) for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, (iii) for hardship, (iv) in the case of an individual discharged or released after 20 months of such service, for the convenience of the Government, (v) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or (vi) for a physical or mental condition that was not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title. (B) The requirement of four years of service under clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section is not applicable to an individual - (i) who, during the two years of service described in clauses (1)(A)(i) and (1)(B)(i) of subsection (a) of this section, was discharged or released from active duty in the Armed Forces for a service-connected disability, for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, or for a physical or mental condition not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title, if the individual was obligated, at the beginning of such two years of service, to serve such four years of service; (ii) who, during the four years of service described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, is discharged or released from service in the Selected Reserve (I) for a service-connected disability, (II) for a medical condition which preexisted the individual's becoming a member of the Selected Reserve and which the Secretary determines is not service connected, (III) for hardship, (IV) in the case of an individual discharged or released after 30 months of such service, for the convenience of the Government, (V) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or (VI) for a physical or mental condition not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title; or (iii) who, before completing the four years of service described in clauses (1)(A)(ii) and (1)(B)(ii) of subsection (a) of this section, ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on September 30, 1999, by reason of the inactivation of the person's unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to section 10143(a) of title 10. (2) After an individual begins service in the Selected Reserve within one year after completion of the service described in clause (A)(i) or (B)(i) of subsection (a)(1) of this section, the continuity of service of such individual as a member of the Selected Reserve 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)(1) Except as provided in paragraph (2), the basic pay of any individual described in subsection (a)(1)(A) of this section who does not make an election under subsection (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. (2) In the case of an individual covered by paragraph (1) who is a member of the Selected Reserve, the Secretary of Defense shall collect from the individual an amount equal to $1,200 not later than one year after completion by the individual of the two years of service on active duty providing the basis for such entitlement. The Secretary of Defense may collect such amount through reductions in basic pay in accordance with paragraph (1) or through such other method as the Secretary of Defense considers appropriate. (3) Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual. (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 is not eligible for educational assistance under this section. (3) An individual who after December 31, 1976, receives a commission as an officer in the Armed Forces upon completion of a program of educational assistance under section 2107 of title 10 is not eligible for educational assistance under this section if the individual enters on active duty - (A) before October 1, 1996; or (B) after September 30, 1996, and while participating in such program received more than $3,400 for each year of such participation. (e)(1) An individual described in subclause (I) or (III) of subsection (b)(1)(B)(ii) of this section may elect entitlement to basic educational assistance under section 3011 of this title, based on an obligated period of active duty of two years, in lieu of entitlement to assistance under this section. (2) An individual who makes the election described in paragraph (1) of this subsection shall, for all purposes of this chapter, be considered entitled to educational assistance under section 3011 of this title and not under this section. Such an election is irrevocable. (f)(1) Any individual eligible for educational assistance under this section who does not make an election under subsection (d)(1) may contribute amounts for purposes of receiving an increased amount of basic educational assistance as provided for under section 3015(g) of this title. Such contributions shall be in addition to any reductions in the basic pay of such individual under subsection (c). (2) An individual covered by paragraph (1) may make the contributions authorized by that paragraph at any time while on active duty, but not more frequently than monthly. (3) The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions shall be made in multiples of $20. (4) Contributions under this subsection shall be made to the Secretary of the military department concerned. That Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts. (g)(1) The Secretary concerned shall inform any member of the Armed Forces who has not completed that member's initial service (as described in paragraph (2)) and who indicates the intent to be discharged or released from such service for the convenience of the Government of the minimum service requirements for entitlement to educational assistance benefits under this chapter. Such information shall be provided to the member in a timely manner. (2) The initial service referred to in paragraph (1) is the initial obligated period of active duty (described in subparagraph (A)(i) or (B)(i) of subsection (a)(1)) or the period of service in the Selected Reserve (described in subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1)). -SOURCE- (Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2555, Sec. 1412; amended Pub. L. 99-145, title VI, Sec. 674(2), Nov. 8, 1985, 99 Stat. 665; Pub. L. 99-576, title III, Secs. 303(a)(2), 307(a)(2), 321(2), Oct. 28, 1986, 100 Stat. 3269, 3277; Pub. L. 100-48, Sec. 3(b), June 1, 1987, 101 Stat. 331; Pub. L. 100-689, title I, Secs. 102(b)(1), 103(b)(1), 104(b), 105, 111(a)(2)(B), Nov. 18, 1988, 102 Stat. 4162, 4165, 4166, 4171; Pub. L. 101-237, title IV, Secs. 409, 423(a)(1), (b)(1)(A), Dec. 18, 1989, 103 Stat. 2084, 2090, 2092; Pub. L. 101-510, div. A, title V, Sec. 562(a)(3), Nov. 5, 1990, 104 Stat. 1574; renumbered Sec. 3012 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-484, div. D, title XLIV, Sec. 4419(b), Oct. 23, 1992, 106 Stat. 2718; Pub. L. 102-568, title III, Secs. 302(a)(2), 303(a)(2), Oct. 29, 1992, 106 Stat. 4326, 4327; Pub. L. 103-160, div. A, title V, Sec. 561(m), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103-446, title XII, Sec. 1201(f)(2), Nov. 2, 1994, 108 Stat. 4687; Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 104-201, div. A, title V, Sec. 556(b), Sept. 23, 1996, 110 Stat. 2528; Pub. L. 105-368, title II, Secs. 203(a), 207(b), Nov. 11, 1998, 112 Stat. 3326, 3328; Pub. L. 106-117, title VII, Sec. 704, Nov. 30, 1999, 113 Stat. 1584; Pub. L. 106-419, title I, Secs. 102(b), 103(b), 105(a)(2), title IV, Sec. 404(a)(6), Nov. 1, 2000, 114 Stat. 1824, 1826, 1829, 1865; Pub. L. 107-14, Sec. 7(c)(2), June 5, 2001, 115 Stat. 32; Pub. L. 107-103, title I, Secs. 105(b), 106(a), Dec. 27, 2001, 115 Stat. 982, 983; Pub. L. 107-296, title XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 108-454, title I, Sec. 109(b), Dec. 10, 2004, 118 Stat. 3604.) -MISC1- PRIOR PROVISIONS Prior section 3012 was renumbered section 5112 of this title. AMENDMENTS 2004 - Subsec. (c). Pub. L. 108-454 substituted "(1) Except as provided in paragraph (2), the basic pay" for "The basic pay", added par. (2), designated second sentence of existing provisions as par. (3), and substituted "this subsection" for "this chapter". 2002 - Subsec. (b)(1)(A)(v), (B)(ii)(V). Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation". 2001 - Subsec. (a)(1)(C). Pub. L. 107-103, Sec. 105(b), added subpar. (C). Subsec. (d)(3)(B). Pub. L. 107-103, Sec. 106(a), substituted "$3,400" for "$2,000". Subsec. (f)(2). Pub. L. 107-14, Sec. 7(c)(2)(A), inserted ", but not more frequently than monthly" before period. Subsec. (f)(3). Pub. L. 107-14, Sec. 7(c)(2)(B), substituted "multiples of $20" for "multiples of $4". Subsec. (f)(4). Pub. L. 107-14, Sec. 7(c)(2)(C), substituted "Secretary of the military department concerned. That" for "Secretary. The" and struck out "by the Secretary" after "any amounts received". 2000 - Subsec. (a)(1)(A)(i). Pub. L. 106-419, Sec. 103(b)(1), substituted "an obligated period of active duty of at least two years of continuous active duty in the Armed Forces" for ", as the individual's initial obligated period of active duty, at least two years of continuous active duty in the Armed Forces". Subsec. (a)(2). Pub. L. 106-419, Sec. 102(b)(1), added par. (2) and struck out former par. (2) which read as follows: "who, except as provided in subsection (f) of this section, before completion of the service described in clause (1) of this subsection, has completed the requirements of a secondary school diploma (or an equivalency certificate), except that (i) an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree, and (ii) an individual described in clause (1)(A) of this subsection may meet such requirement by having successfully completed (or otherwise received academic credit for) the equivalent of such 12 semester hours before the end of the individual's initial obligated period of active duty; and". Subsec. (e)(1). Pub. L. 106-419, Sec. 103(b)(2), struck out "initial" before "obligated period". Subsec. (f). Pub. L. 106-419, Sec. 105(a)(2), added subsec. (f). Pub. L. 106-419, Sec. 102(b)(2), struck out subsec. (f) which read as follows: "For the purposes of subsection (a)(2) of this section, an individual who was on active duty on August 2, 1990, and who completes the requirements of a secondary school diploma (or equivalency certificate) before October 28, 1994, shall be considered to have completed such requirements within the individual's initial obligated period of active duty." Subsec. (g)(2). Pub. L. 106-419, Sec. 404(a)(6), substituted "subparagraph" for "subparagraphs" in two places. 1999 - Subsec. (g)(1). Pub. L. 106-117 struck out "Federal" before "Government". 1998 - Subsec. (a)(2)(i), (ii). Pub. L. 105-368, Sec. 203(a), substituted "successfully completed (or otherwise received academic credit for)" for "successfully completed". Subsec. (g). Pub. L. 105-368, Sec. 207(b), added subsec. (g). 1996 - Subsec. (b)(1)(B)(iii). Pub. L. 104-106 substituted "section 10143(a) of title 10" for "section 268(b) of title 10". Subsec. (d)(2). Pub. L. 104-201, Sec. 556(b)(1), struck out "or upon completion of a program of educational assistance under section 2107 of title 10" after "Coast Guard Academy". Subsec. (d)(3). Pub. L. 104-201, Sec. 556(b)(2), added par. (3). 1994 - Subsec. (f). Pub. L. 103-446 substituted "October 28, 1994," for "the end of the 24-month period beginning on the date of the enactment of this subsection". 1993 - Subsec. (b)(1)(B)(iii). Pub. L. 103-160 substituted "September 30, 1999" for "September 30, 1995". 1992 - Subsec. (a)(1)(B). Pub. L. 102-568, Sec. 302(a)(2), substituted "at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, continued on active duty without a break in service" for "on October 19, 1984, and without a break in service since October 19, 1984,". Subsec. (a)(2). Pub. L. 102-568, Sec. 303(a)(2)(A), inserted "except as provided in subsection (f) of this section," after "who,". Subsec. (b)(1)(B)(iii). Pub. L. 102-484 added cl. (iii). Subsec. (f). Pub. L. 102-568, Sec. 303(a)(2)(B), added subsec. (f). 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1412 of this title as this section. Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3011(a)(1)(A)(ii)(I)" for "1411(a)(1)(A)(ii)(I)" in subpars. (A) and (B)(i) and (ii). Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "3011" for "1411" in pars. (1) and (2). 1990 - Subsec. (b)(1)(A)(vi). Pub. L. 101-510, Sec. 562(a)(3)(A), added cl. (vi). Subsec. (b)(1)(B)(i). Pub. L. 101-510, Sec. 562(a)(3)(B), substituted "disability, for" for "disability or for" and inserted ", or for a physical or mental condition not characterized as a disability, as described in section 1411(a)(1)(A)(ii)(I) of this title" before "if the individual". Subsec. (b)(1)(B)(ii)(VI). Pub. L. 101-510, Sec. 562(a)(3)(C), added subcl. (VI). 1989 - Subsec. (a)(1)(A)(ii), (B)(ii). Pub. L. 101-237, Sec. 423(a)(1)(A), substituted "and beginning within one year after completion" for "and after completion". Subsec. (a)(2). Pub. L. 101-237, Sec. 409, inserted cl. (i) designation and added cl. (ii). Subsec. (b)(1). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted "Secretary" for "Administrator" wherever appearing. Subsec. (b)(2). Pub. L. 101-237, Sec. 423(a)(1)(B), substituted "After an individual begins service in the Selected Reserve within one year after completion of the service described in clause (A)(i) or (B)(i) of subsection (a)(1) of this section, the continuity of service of such individual as a member of the Selected Reserve" for "Continuity of service of a member in the Selected Reserve for purposes of such clauses". 1988 - Subsec. (a)(1)(A)(i). Pub. L. 100-689, Sec. 111(a)(2)(B), inserted ", as the individual's initial obligated period of active duty,". Pub. L. 100-689, Sec. 102(b)(1)(B), inserted ", subject to subsection (b) of this section,". Subsec. (a)(1)(B)(i). Pub. L. 100-689, Sec. 102(b)(1)(B), inserted ", subject to subsection (b) of this section,". Subsec. (a)(2). Pub. L. 100-689, Sec. 104(b), substituted "completed the requirements of a secondary school diploma" for "received a secondary school diploma", and inserted ", except that an individual described in clause (1)(B) of this subsection may meet the requirement of this clause by having successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree". Subsec. (b)(1). Pub. L. 100-689, Sec. 102(b)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The requirement of four years of service under clauses (1)(A)(ii) and (1)(B)(ii) 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 such service) for the convenience of the Government." Subsec. (c). Pub. L. 100-689, Sec. 103(b)(1), substituted "reduced under this chapter" for "reduced under this subsection". Subsec. (e). Pub. L. 100-689, Sec. 105, added subsec. (e). 1987 - Subsec. (a)(1)(A). Pub. L. 100-48 substituted "after June 30, 1985," for "during the period beginning on July 1, 1985, and ending on June 30, 1988". 1986 - Subsec. (a). Pub. L. 99-576, Sec. 321(2)(A), substituted "subsection (d)" for "subsection (c)". Subsec. (a)(1)(B). Pub. L. 99-576, Sec. 307(a)(2), inserted "and was on active duty on October 19, 1984, and without a break in service since October 19, 1984,". Subsec. (b)(1). Pub. L. 99-576, Sec. 321(2)(B), inserted "such" after "three and one-half years of". Subsec. (c). Pub. L. 99-576, Sec. 303(a)(2), substituted "Any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual" for "Any amounts withheld from basic pay under this paragraph shall revert to the Treasury". 1985 - Subsec. (a)(1)(B). Pub. L. 99-145 struck out "and without a break in service on active duty since December 31, 1976," after "chapter 34 of this title". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 2001 AMENDMENTS Amendment by section 106(a) of Pub. L. 107-103 applicable with respect to educational assistance allowances paid under this chapter for months beginning after Dec. 27, 2001, see section 106(b) of Pub. L. 107-103, set out as a note under section 3011 of this title. Amendment by 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 Amendment by section 105(a)(2) 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 AMENDMENT Amendment by section 203(a) of Pub. L. 105-368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105-368, set out as a note under section 3011 of this title. Amendment by section 207(b) of Pub. L. 105-368 effective 120 days after Nov. 11, 1998, see section 207(d)(1) of Pub. L. 105-368, set out as a note under section 3011 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103- 337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set out as a note under section 113 of Title 10, Armed Forces. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 302(a)(2) of Pub. L. 102-568 effective as of Oct. 28, 1986, see section 302(b) of Pub. L. 102-568, set out as a note under section 3011 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-510 effective Oct. 19, 1984, see section 562(c) of Pub. L. 101-510, set out as a note under section 3011 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 102(b)(1) of Pub. L. 100-689 effective July 1, 1985, with respect to individuals discharged or released for medical condition which preexisted service on active duty or in Selected Reserve and which Administrator determines is not service connected, and effective Oct. 1, 1987, with respect to individuals involuntarily discharged or released for convenience of Government as a result of reduction in force, see section 102(c) of Pub. L. 100-689, set out as a note under section 3011 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 303(a)(2) of Pub. L. 99-576 applicable to any reduction in basic pay made under subsec. (c) of this section after Dec. 31, 1985, see section 303(b) of Pub. L. 99-576, set out as a note under section 3011 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- NOTIFICATION REQUIREMENT For requirement of notification of individuals on active duty in Armed Forces on Aug. 2, 1990, of extension of period for completion of requirements for a secondary school diploma, see section 303(b) of Pub. L. 102-568, set out as a note under section 3011 of this title. -End- -CITE- 38 USC Sec. 3013 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -HEAD- Sec. 3013. Duration of basic educational assistance -STATUTE- (a)(1) Subject to section 3695 of this title and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under section 3011 of this title is entitled to 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance). (2) Subject to section 3695 of this title and subsection (d) of this section, in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in section 3011(a)(1)(A)(i) of this title or an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also described in section 3011(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 continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case of an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985. (b) Subject to section 3695 of this title and subsection (d) of this section, each individual entitled to basic educational assistance under section 3012 of this title is entitled to (1) one month of educational assistance benefits under this chapter for each month of continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based in the case of an individual described in section 3012(a)(1)(A) of this title, or in the case of an individual described in section 3012(a)(1)(B) of this title, after June 30, 1985, and (2) one month of educational assistance benefits under this chapter for each four months served by such individual in the Selected Reserve after the applicable date specified in clause (1) of this subsection (other than any month in which the individual served on active duty). (c)(1) Subject to section 3695 of this title and except as provided in paragraphs (2) and (3) of this subsection, each individual entitled to basic educational assistance under section 3018 of this title is entitled to 36 months of educational assistance under this chapter (or the equivalent thereof in part- time educational assistance). (2) Subject to section 3695 of this title, an individual described in clause (B) or (C) of section 3018(b)(3) of this title whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200 is entitled to the number of months of assistance under this chapter that is equal to the lesser of - (A) 36 multiplied by a fraction the numerator of which is the amount by which the basic pay of the individual has been reduced under section 3018(c) and the denominator of which is $1,200; or (B) the number of months the individual has served on continuous active duty after June 30, 1985. (3) Subject to section 3695 of this title and subsection (d) of this section, an individual described in clause (B) or (C)(ii) of section 3018(b)(3) of this title (other than an individual described in paragraph (2) of this subsection) is entitled to the number of months of educational assistance under this chapter that is equal to the number of months the individual has served on continuous active duty after June 30, 1985. (d) Subject to section 3695 of this title, each individual entitled to educational benefits under section 3018A, 3018B, or 3018C of this title is entitled to the lesser of - (1) 36 months of educational assistance under this chapter (or the equivalent thereof in part-time educational assistance); or (2) the number of months of such educational assistance (or such equivalent thereof) that is equal to the number of months served by such individual on active duty. (e) 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). (f)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in paragraph (2) shall not - (A) be charged against any entitlement of any individual under this chapter; or (B) be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of assistance. (2) Subject to paragraph (3), the payment of the educational assistance allowance referred to in paragraph (1) is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual - (A) in the case of a person not serving on active duty, had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; or (B) in the case of a person serving on active duty, had to discontinue such course pursuit as a result of being ordered to a new duty location or assignment or to perform an increased amount of work; and (C) failed to receive credit or lost training time toward completion of the individual's approved education, professional, or vocational objective as a result of having to discontinue, as described in subparagraph (A) or (B), his or her course pursuit. (3) 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 paragraph (2)(C) of this subsection. -SOURCE- (Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, Sec. 1413; amended Pub. L. 99-576, title III, Sec. 321(3), Oct. 28, 1986, 100 Stat. 3277; Pub. L. 100-689, title I, Secs. 102(b)(2), 103(b)(2), 111(a)(4), Nov. 18, 1988, 102 Stat. 4163, 4165, 4171; Pub. L. 101-237, title IV, Sec. 423(a)(2), Dec. 18, 1989, 103 Stat. 2091; Pub. L. 101-510, div. A, title V, Sec. 561(b)(1), Nov. 5, 1990, 104 Stat. 1573; renumbered Sec. 3013 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-127, Sec. 2(a), Oct. 10, 1991, 105 Stat. 619; Pub. L. 102-484, div. D, title XLIV, Sec. 4404(b)(2), Oct. 23, 1992, 106 Stat. 2706; Pub. L. 104-275, title I, Sec. 106(b)(2), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106-419, title I, Sec. 103(c), Nov. 1, 2000, 114 Stat. 1826; Pub. L. 107-103, title I, Sec. 103(a), (d), Dec. 27, 2001, 115 Stat. 979.) -MISC1- PRIOR PROVISIONS Prior section 3013 was renumbered section 5113 of this title. AMENDMENTS 2001 - Subsec. (f)(2)(A). Pub. L. 107-103, Sec. 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;". Subsec. (f)(2)(B). Pub. L. 107-103, Sec. 103(d), struck out ", in connection with such War," after "being ordered". 2000 - Subsecs. (a)(2), (b)(1). Pub. L. 106-419 substituted "obligated period of active duty on which such entitlement is based" for "individual's initial obligated period of active duty". 1996 - Subsec. (d). Pub. L. 104-275 substituted ", 3018B, or 3018C" for "or 3018B". 1992 - Subsec. (d). Pub. L. 102-484 inserted "or 3018B" after "section 3018A" in introductory provisions. 1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1413 of this title as this section. Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for "1795" in two places, "3011" for "1411", "3011(a)(1)(A)(ii)(I)" for "1411(a)(1)(A)(ii)(I)" in two places, "3011(a)(1)(A)(i)" for "1411(a)(1)(A)(i)", "3011(a)(1)(B)(ii)(I)" for "1411(a)(1)(B)(ii)(I)" in two places, and "3011(a)(1)(B)(i)" for "1411(a)(1)(B)(i)". Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for "1795", "3012" for "1412", "3012(a)(1)(A)" for "1412(a)(1)(A)", and "3012(a)(1)(B)" for "1412(a)(1)(B)". Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for "1795" wherever appearing, "3018" for "1418", "3018(b)(3)" for "1418(b)(3)" in two places, and "3018(c)" for "1418(c)". Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "3695" for "1795" and "3018A" for "1418A". Subsec. (f). Pub. L. 102-127 added subsec. (f). 1990 - Subsecs. (d), (e). Pub. L. 101-510 added subsec. (d) and redesignated former subsec. (d) as (e). 1989 - Subsec. (a)(2). Pub. L. 101-237, Sec. 423(a)(2)(A), substituted "subsection (d)" for "subsection (c)". Pub. L. 101-237, Sec. 423(a)(2)(B), substituted "section 1411(a)(1)(A)(ii)(I) or (III) of this title, or" for "section 1411(a)(1)(B)(ii)(I) or (III) of this title, or". Subsec. (b). Pub. L. 101-237, Sec. 423(a)(2)(A), substituted "subsection (d)" for "subsection (c)". Subsec. (c)(1). Pub. L. 101-237, Sec. 423(a)(2)(C)(i), inserted reference to par. (3). Subsec. (c)(3). Pub. L. 101-237, Sec. 423(a)(2)(C)(ii), added par. (3). 1988 - Subsec. (a)(2). Pub. L. 100-689, Sec. 111(a)(4)(A), substituted "Subject to section 1795 of this title and subsection (c) of this section, in the case" for "In the case" and "continuous active duty served by such individual after June 30, 1985, as part of the individual's initial obligated period of active duty in the case of an individual described in section 1411(a)(1)(B)(ii)(I) or (III) of this title, or in the case of an individual described in section 1411(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985" for "active duty served by such individual after the date of the beginning of the period for which the individual's basic pay is reduced under section 1411(b) of this title, in the case of an individual described in section 1411(a)(1)(A)(ii)(I) of this title, or after June 30, 1985, in the case of an individual described in section 1411(a)(1)(B)(ii)(I) of this title". Pub. L. 100-689, Sec. 102(b)(2), inserted "or (III)" after "section 1411(a)(1)(A)(ii)(I)" and after "section 1411(a)(1)(B)(ii)(I)", the first place each appears. Subsec. (b)(1). Pub. L. 100-689, Sec. 111(a)(4)(B), substituted "continuous active duty served by such individual after June 30, 1985, as part of the individual's initial obligated period of active duty in the case of an individual described in section 1412(a)(1)(A) of this title, or in the case of an individual described in section 1412(a)(1)(B) of this title, after June 30, 1985" for "active duty served by such individual after the date of the beginning of the period for which such individual's basic pay is reduced under section 1412(c) of this title, in the case of an individual described in section 1412(a)(1)(A), or after June 30, 1985, in the case of an individual described in section 1412(a)(1)(B) of this title". Subsecs. (c), (d). Pub. L. 100-689, Sec. 103(b)(2), added subsec. (c) and redesignated former subsec. (c) as (d). 1986 - Subsec. (a)(2). Pub. L. 99-576, Sec. 321(3)(A), inserted "after the date of the beginning of the period for which the individual's basic pay is reduced under section 1411(b) of this title, in the case of an individual described in section 1411(a)(1)(A)(ii)(I) of this title, or after June 30, 1985, in the case of an individual described in section 1411(a)(1)(B)(ii)(I) of this title". Subsec. (b)(1). Pub. L. 99-576, Sec. 321(3)(B)(i), inserted "after the date of the beginning of the period for which such individual's basic pay is reduced under section 1412(c) of this title, in the case of an individual described in section 1412(a)(1)(A), or after June 30, 1985, in the case of an individual described in section 1412(a)(1)(B) of this title". Subsec. (b)(2). Pub. L. 99-576, Sec. 321(3)(B)(ii), inserted "after the applicable date specified in clause (1) of this subsection" after "Selected Reserve". EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-103, title I, Sec. 103(e), Dec. 27, 2001, 115 Stat. 980, provided that: "The amendments made by this section [amending this section and sections 3103, 3105, 3231, 3511, and 3512 of this title] shall take effect as of September 11, 2001." EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 102(b)(2) of Pub. L. 100-689 effective July 1, 1985, with respect to individuals discharged or released for medical condition which preexisted service on active duty or in Selected Reserve and which Administrator determines is not service connected, and effective Oct. 1, 1987, with respect to individuals involuntarily discharged or released for convenience of Government as a result of reduction in force, see section 102(c) of Pub. L. 100-689, set out as a note under section 3011 of this title. -End- -CITE- 38 USC Sec. 3014 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -HEAD- Sec. 3014. Payment of basic educational assistance -STATUTE- (a) The Secretary 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. (b)(1) In the case of an individual entitled to basic educational assistance who is pursuing education or training described in subsection (a) or (c) of section 2007 of title 10, the Secretary shall, at the election of the individual, pay the individual a basic educational assistance allowance to meet all or a portion of the charges of the educational institution for the education or training that are not paid by the Secretary of the military department concerned under such subsection. (2)(A) The amount of the basic educational assistance allowance payable to an individual under this subsection for a month shall be the amount of the basic educational assistance allowance to which the individual would be entitled for the month under section 3015 of this title. (B) The maximum number of months for which an individual may be paid a basic educational assistance allowance under paragraph (1) is 36. (C) The number of months of entitlement charged under this chapter in the case of an individual who has been paid a basic educational assistance allowance under this subsection shall be equal to the number (including any fraction) determined by dividing the total amount of such educational assistance allowance paid the individual by the full-time monthly institutional rate of educational assistance which such individual would otherwise be paid under subsection (a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of section 3015 of this title, as the case may be. -SOURCE- (Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, Sec. 1414; amended Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3014, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106- 398, Sec. 1 [[div. A], title XVI, Sec. 1602(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-359; Pub. L. 107-14, Sec. 7(b)(1), June 5, 2001, 115 Stat. 31.) -MISC1- AMENDMENTS 2001 - Subsec. (b)(2)(A). Pub. L. 107-14, Sec. 7(b)(1)(A), struck out "(without regard to subsection (g) of that section) were payment made under that section instead of under this subsection" before period at end. Subsec. (b)(2)(C). Pub. L. 107-14, Sec. 7(b)(1)(B), added subpar. (C). 2000 - Pub. L. 106-398 designated existing provisions as subsec. (a) and added subsec. (b). 1991 - Pub. L. 102-83 renumbered section 1414 of this title as this section. 1989 - Pub. L. 101-237 substituted "Secretary" for "Administrator". EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-14, Sec. 7(b)(3), June 5, 2001, 115 Stat. 32, provided that: "The amendments made by this subsection [amending this section and sections 3015 and 3032 of this title] shall take effect as if enacted on November 1, 2000, immediately after the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106-419)." -End- -CITE- 38 USC Sec. 3014A 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -HEAD- Sec. 3014A. Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry -STATUTE- (a) An individual described in subsection (b) who is entitled to basic educational assistance under this subchapter may elect to receive an accelerated payment of the basic educational assistance allowance otherwise payable to the individual under section 3015 of this title. (b) An individual described in this subsection is an individual who is - (1) enrolled in an approved program of education that leads to employment in a high technology occupation in a high technology industry (as determined pursuant to regulations prescribed by the Secretary); and (2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of basic educational assistance allowance otherwise payable to the individual under section 3015 of this title. (c)(1) The amount of the accelerated payment of basic educational assistance made to an individual making an election under subsection (a) for a program of education shall be the lesser of - (A) the amount equal to 60 percent of the established charges for the program of education; or (B) the aggregate amount of basic educational assistance to which the individual remains entitled under this chapter at the time of the payment. (2) In this subsection, the term "established charges", in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly circumstanced nonveterans enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis: (A) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester. (B) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education. (3) The educational institution providing the program of education for which an accelerated payment of basic educational assistance allowance is elected by an individual under subsection (a) shall certify to the Secretary the amount of the established charges for the program of education. (d) An accelerated payment of basic educational assistance made to an individual under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary receives a certification from the educational institution regarding - (1) the individual's enrollment in and pursuit of the program of education; and (2) the amount of the established charges for the program of education. (e)(1) Except as provided in paragraph (2), for each accelerated payment of basic educational assistance made to an individual under this section, the individual's entitlement to basic educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of basic educational assistance allowance otherwise payable to the individual under section 3015 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made. (2) If the monthly rate of basic educational assistance allowance otherwise payable to an individual under section 3015 of this title increases during the enrollment period of a program of education for which an accelerated payment of basic educational assistance is made under this section, the charge to the individual's entitlement to basic educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the matter provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary. (f) The Secretary may not make an accelerated payment under this section for a program of education to an individual who has received an advance payment under section 3680(d) of this title for the same enrollment period. (g) The Secretary shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment under this section. -SOURCE- (Added Pub. L. 107-103, title I, Sec. 104(a)(1), Dec. 27, 2001, 115 Stat. 980; amended Pub. L. 107-330, title III, Sec. 308(b)(1), (2)(A), Dec. 6, 2002, 116 Stat. 2827.) -MISC1- AMENDMENTS 2002 - Pub. L. 107-330, Sec. 308(b)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: "Accelerated payment of basic educational assistance for education leading to employment in high technology industry". Subsec. (b)(1). Pub. L. 107-330, Sec. 308(b)(1), substituted "employment in a high technology occupation in a high technology industry" for "employment in a high technology industry". EFFECTIVE DATE Pub. L. 107-103, title I, Sec. 104(c), Dec. 27, 2001, 115 Stat. 982, provided that: "The amendments made by this section [enacting this section and amending section 3680 of this title] shall take effect October 1, 2002, and shall apply with respect to enrollments in courses or programs of education or training beginning on or after that date." -End- -CITE- 38 USC Sec. 3015 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 30 - ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER II - BASIC EDUCATIONAL ASSISTANCE -HEAD- Sec. 3015. Amount of basic educational assistance -STATUTE- (a) 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 - (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 (2) 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. (b) 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 - (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 (2) 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. (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 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 (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. (d)(1) 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. (2) 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. (e)(1)(A) 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. (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. (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. (f) 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. (g) 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 - (1) 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 (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. (h)(1) 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 - (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). (2) 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. -SOURCE- (Added Pub. L. 98-525, title VII, Sec. 702(a)(1), Oct. 19, 1984, 98 Stat. 2557, Sec. 1415; amended Pub. L. 100-689, title I, Secs. 103(b)(3), 111(a)(5)(A), Nov. 18, 1988, 102 Stat. 4165, 4171; Pub. L. 101-189, div. A, title VI, Sec. 641, Nov. 29, 1989, 103 Stat. 1456; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), (5), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-510, div. A, title V, Sec. 561(b)(2), Nov. 5, 1990, 104 Stat. 1573; Pub. L. 102-25, title III, Sec. 337(a), Apr. 6, 1991, 105 Stat. 90; Pub. L. 102-54, Sec. 14(c)(1), June 13, 1991, 105 Stat. 284; renumbered Sec. 3015 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title III, Secs. 301(a), (c), 307(a), (b), Oct. 29, 1992, 106 Stat. 4325, 4326, 4328, 4329; Pub. L. 103-66, title XII, Sec. 12009(a), (d)(1), (2), Aug. 10, 1993, 107 Stat. 415, 416; Pub. L. 104-275, title I, Sec. 106(b)(3), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 105-114, title IV, Sec. 401(b), Nov. 21, 1997, 111 Stat. 2293; Pub. L. 105-178, title VIII, Sec. 8203(a)(1)- (3), June 9, 1998, 112 Stat. 493; Pub. L. 105-261, div. A, title V, Sec. 565(a), title VI, Sec. 656(a), Oct. 17, 1998, 112 Stat. 2029, 2053; Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1602(b)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-359; Pub. L. 106- 419, title I, Secs. 101(a), 103(d), 105(b), Nov. 1, 2000, 114 Stat. 1824, 1826, 1829; Pub. L. 107-14, Sec. 7(b)(2)(A), (c)(3), June 5, 2001, 115 Stat. 31, 32; Pub. L. 107-103, title I, Sec. 101(a), Dec. 27, 2001, 115 Stat. 977; Pub. L. 108-183, title III, Sec. 304(a), Dec. 16, 2003, 117 Stat. 2659.) -REFTEXT- REFERENCES IN TEXT Sections 308a and 308f of title 37, referred to in subsec. (d)(2), were repealed by Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 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. -MISC1- AMENDMENTS 2003 - Subsec. (h). Pub. L. 108-183, Sec. 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, Sec. 304(a)(3), struck out "(rounded to the nearest dollar)" after "increase" in introductory provisions. Subsec. (h)(1)(B). Pub. L. 108-183, Sec. 304(a)(4), substituted "subparagraph (A)" for "paragraph (1)". 2001 - Subsec. (a)(1). Pub. L. 107-103, Sec. 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, Sec. 7(b)(2)(A)(i), inserted "subsection (h)" after "from time to time under". Subsec. (b)(1). Pub. L. 107-103, Sec. 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, Sec. 7(b)(2)(A)(i), inserted "subsection (h)" after "from time to time under". Subsec. (g). Pub. L. 107-14, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1 [[div. A], title XVI, Sec. 1602(b)(3)(A)]. See below. Pub. L. 106-419, Sec. 101(a)(1), substituted "$650" for "$528". Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1602(b)(3)(A)], struck out "subsection (g)" after "time under". Subsec. (b). Pub. L. 106-419, Sec. 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, Sec. 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, Sec. 1 [[div. A], title XVI, Sec. 1602(b)(3)(A)]. See below. Pub. L. 106-419, Sec. 101(a)(2), substituted "$528" for "$429". Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1602(b)(3)(A)], struck out "subsection (g)" after "time under". Subsec. (c)(2)(A), (B). Pub. L. 106-419, Sec. 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, Sec. 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, Sec. 1 [[div. A], title XVI, Sec. 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, Sec. 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, Sec. 1 [[div. A], title XVI, Sec. 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, Sec. 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, Sec. 8203(a)(1)(A), substituted "$528 (as increased from time to time under subsection (g))" for "$400". Subsec. (b). Pub. L. 105-178, Sec. 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, Sec. 8203(a)(1)(B), substituted "$429 (as increased from time to time under subse