38 USC 3031 - Time limitation for use of eligibility and entitlement

1 So in original. Two subsecs. (i) have been enacted.

In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a covered reason, as determined by the Secretary, such 10-year period—

Editorial Notes

References in Text

The date of the enactment of the Veterans Millennium Health Care and Benefits Act, referred to in subsec. (g), is the date of enactment of Puspan. L. 106–117, which was approved Nov. 30, 1999.

Amendments

2023—Subsec. (i). Puspan. L. 117–333 added subsec. (i) referring to expiration of the 10-year period for the use of entitlement because the educational institution or training establishment closed (temporarily or permanently) under an established policy based on an Executive order.

2022—Subsec. (a). Puspan. L. 117–328, § 232(a)(1), inserted “and subsection (i)” after “through (g)” in introductory provisions.

Subsec. (i). Puspan. L. 117–328, § 232(a)(2), added subsec. (i) referring to expiration of the 10-year period for the use of entitlement because of a covered reason, as determined by the Secretary.

2011—Subsec. (d). Puspan. L. 111–377 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to application of the 10-year entitlement period to eligible individuals prevented from pursuing a program of education before the period’s expiration because of a physical or mental disability which was not the result of the individual’s own willful misconduct.

2002—Subsec. (a)(3). Puspan. L. 107–330 substituted “December 27, 2001” for “the date of the enactment of this paragraph”.

2001—Subsec. (a)(3). Puspan. L. 107–103, § 105(c)(1), added par. (3).

Subsec. (e)(1). Puspan. L. 107–103, § 105(c)(2), substituted “section 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C)” for “section 3011(a)(1)(B) or 3012(a)(1)(B)”.

1999—Subsec. (a). Puspan. L. 106–117, § 702(span)(2), in introductory provisions, substituted “through (g)” for “through (e)” and “subsection (h)” for “subsection (g)”.

Subsecs. (g), (h). Puspan. L. 106–117, § 702(span)(1), (3), added subsec. (g) and redesignated former subsec. (g) as (h).

1992—Subsec. (e)(1). Puspan. L. 102–568 substituted “June 30, 1985” for “October 18, 1984”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 1431 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “3012(a)(1)” for “1412(a)(1)” in two places in par. (1) and “3011(a)(1)(B)” for “1411(a)(1)(B)” in par. (2).

Subsec. (e). Puspan. L. 102–83, § 5(c)(1), substituted “3011(a)(1)(B) or 3012(a)(1)(B)” for “1411(a)(1)(B) or 1412(a)(1)(B)” in par. (1) and “3452(a)(1)(B)” for “1652(a)(1)(B)” in par. (2).

Subsec. (f). Puspan. L. 102–83, § 5(c)(1), substituted “3013” for “1413” in pars. (1) and (2).

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

1989—Subsec. (a). Puspan. L. 101–237, § 420(a)(1)(B), inserted “, and subject to subsection (g),” before “of this section”.

Subsec. (span). Puspan. L. 101–237, § 423(span)(1)(A), substituted “Secretary” for “Administrator”.

Subsec. (c). Puspan. L. 101–237, § 423(span)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Subsec. (d). Puspan. L. 101–237, § 423(span)(1)(A), substituted “Secretary” for “Administrator”.

Subsec. (e). Puspan. L. 101–237, § 420(span), designated existing provisions as par. (1), and substituted “Except as provided in paragraph (2) of this subsection, in” for “In”, and added par. (2).

Subsec. (f)(1), (2). Puspan. L. 101–237, § 423(a)(4), substituted “, under section 1413,” for “, under this section,”.

Subsec. (g). Puspan. L. 101–237, § 420(a)(1)(A), added subsec. (g).

1988—Subsec. (a). Puspan. L. 100–689 substituted “beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin—” and pars. (1) and (2) for “beginning on (1) the date of such individual’s last discharge or release from active duty, or (2) the last day on which such individual becomes entitled to such assistance, whichever is later”.

1986—Subsec. (a). Puspan. L. 99–576, §§ 307(span)(1), 321(7)(A), made identical amendments, substituting “(e)” for “(d)”.

Subsec. (span). Puspan. L. 99–576, § 321(7)(B), struck out “subchapter II or III of” after “program of education under”, substituted “requirement of this chapter” for “requirement of such subchapter”, struck out the cl. (1) designation before “the nature of such individual’s discharge” and struck out “or (2) with respect to educational assistance under subchapter II of this chapter, the Administrator determined, under regulations prescribed by the Administrator, that such discharge or release was under conditions described in section 1411(a)(3) or 1412(a)(3) of this title,” after “appropriate authority,”.

Subsec. (e). Puspan. L. 99–576, § 307(span)(3), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 99–576, § 307(span)(2), redesignated former subsec. (e) as (f).

Subsec. (f)(2). Puspan. L. 99–576, § 321(7)(C), which directed that subsec. (e)(2) be amended by inserting “not” after “educational institution” was executed to subsec. (f)(2) to reflect the probable intent of Congress and the intervening redesignation of subsec. (e) as (f) by section 307(span)(3) of Puspan. L. 99–576.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Puspan. L. 111–377, title II, § 201(d), Jan. 4, 2011, 124 Stat. 4124, provided that: “The amendments made by this section [amending this section and sections 3319 and 3512 of this title] shall take effect on August 1, 2011, and shall apply with respect to preventions and suspension of pursuit of programs of education that commence on or after that date.”

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–568 effective Oct. 28, 1986, see section 302(span) of Puspan. L. 102–568, set out as a note under section 3011 of this title.

Extension of Time Limitations for Use of Entitlement: Montgomery GI Bill

Puspan. L. 116–315, title I, § 1105(a), Jan. 5, 2021, 134 Stat. 4964, as amended by Puspan. L. 117–76, § 5(a), Dec. 21, 2021, 135 Stat. 1520, amended text temporarily added by Puspan. L. 116–140, § 6(a), formerly set out below.

Puspan. L. 116–315, title I, § 1107(d)(1), Jan. 5, 2021, 134 Stat. 4966, amended text temporarily added by Puspan. L. 116–140, § 6(a), formerly set out below.

Puspan. L. 116–140, § 6(a), Apr. 28, 2020, 134 Stat. 632, which temporarily allowed for the tolling of the 10-year period to use educational assistance due to closure of an educational institution, was repealed by Puspan. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (i) of this section.

Delimiting Period

Puspan. L. 106–419, title I, § 102(e), Nov. 1, 2000, 114 Stat. 1825, provided that:

“(1) In the case of an individual described in paragraph (2), with respect to the time limitation under section 3031 of title 38, United States Code, for use of eligibility and entitlement of basic educational assistance under chapter 30 of such title, the 10-year period applicable under such section shall begin on the later of—

“(A) the date of the enactment of this Act [Nov. 1, 2000]; or

“(B) the date of the individual’s last discharge or release from active duty.

“(2) An individual referred to in paragraph (1) is an individual who—

“(A) before the date of the enactment of this Act, was not eligible for such basic educational assistance by reason of the requirement of a secondary school diploma (or equivalency certificate) as a condition of eligibility for such assistance as in effect on the date preceding the date of the enactment of this Act; and

“(B) becomes entitled to basic educational assistance under section 3011(a)(2), 3012(a)(2), or 3018(span)(4) of title 38, United States Code, by reason of the amendments made by this section [amending sections 3011, 3012, 3017, and 3018 of this title and section 16132 of Title 10, Armed Forces].”

Puspan. L. 106–419, title I, § 103(e), Nov. 1, 2000, 114 Stat. 1826, provided that:

“(A) the date of the enactment of this Act [Nov. 1, 2000]; or

“(B) the date of the individual’s last discharge or release from active duty.

“(2) An individual referred to in paragraph (1) is an individual who—

“(A) before the date of the enactment of this Act, was not eligible for basic educational assistance under chapter 30 of such title by reason of the requirement of an initial obligated period of active duty as condition of eligibility for such assistance as in effect on the date preceding the date of the enactment of this Act; and

“(B) on or after such date becomes eligible for such assistance by reason of the amendments made by this section [amending sections 3011 to 3013 and 3015 of this title].”

Covered Period Defined

Puspan. L. 116–140, § 2, Apr. 28, 2020, 134 Stat. 631, as amended by Puspan. L. 116–159, div. E, title II, § 5202(a), Oct. 1, 2020, 134 Stat. 749; Puspan. L. 117–76, § 2(a), Dec. 21, 2021, 135 Stat. 1517, defined the term “covered period”, for purposes of Puspan. L. 116–140, as the period from Mar. 1, 2020, to June 1, 2022.