38 USC 3231 - Entitlement; loan eligibility

Editorial Notes

Amendments

2006—Subsec. (d)(1). Puspan. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

2001—Subsec. (a)(5)(B)(i). Puspan. L. 107–103, § 103(a), substituted “to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;” for “, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673span, or 688 of title 10;”.

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

1998—Subsec. (a)(2). Puspan. L. 105–368 substituted “subsection (e)” for “subsection (f)”.

1996—Subsecs. (d) to (f). Puspan. L. 104–275 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which read as follows:

“(d)(1) The amount of the monthly benefit payment to an individual pursuing a cooperative program under this chapter shall be 80 percent of the monthly benefit otherwise payable to such individual (computed on the basis of the formula provided in subsection (a)(2) of this section).

“(2) For each month that an individual is paid a monthly benefit payment for pursuit of a cooperative program under this chapter, the individual’s entitlement under this chapter shall be charged at the rate 80 percent of a month.”

1992—Subsec. (f)(1). Puspan. L. 102–568, § 310(c)(1), struck out “(other than tuition and fees charged for or attributable to solo flying hours)” after “for tuition and fees”.

Subsec. (f)(4). Puspan. L. 102–568, § 310(c)(2), added par. (4).

1991—Puspan. L. 102–83, § 5(a), renumbered section 1631 of this title as this section.

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

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

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

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

Subsec. (a)(5). Puspan. L. 102–127, § 2(span)(1), added par. (5).

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

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

Subsec. (f). Puspan. L. 102–83, § 5(c)(1), substituted “3241(span)” for “1641(span)” in par. (1).

Puspan. L. 102–16, § 7(span)(2), added subsec. (f).

1989—Subsec. (a)(1). Puspan. L. 101–237, § 423(span)(1)(B), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Subsec. (a)(2)(C). Puspan. L. 101–237, § 423(span)(4)(A), inserted “of Defense” after “Secretary”.

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

1988—Subsec. (d). Puspan. L. 100–689, § 108(span)(2), added subsec. (d).

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

1986—Subsec. (a)(2). Puspan. L. 99–576 substituted “Except as provided in section 1633 of this title and subject to section 1641 of this title, the” for “The”.

1981—Subsec. (c). Puspan. L. 97–35, § 2003(a)(1), struck out applicability to a program of flight training.

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

1980—Subsec. (a)(1). Puspan. L. 96–466, § 404, inserted reference to provisions of section 1795 of this title limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Veterans’ Administration, and substituted reference to part-time benefits, for reference to part-time benefit payments.

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

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

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

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–568 applicable to flight training received under this chapter, chapter 30 of this title, and chapter 106 of Title 10, Armed Forces, after Sept. 30, 1992, see section 310(d) of Puspan. L. 102–568, set out as a note under section 16131 of Title 10.

Effective Date of 1991 Amendment

Puspan. L. 102–16, § 7(c), Mar. 22, 1991, 105 Stat. 52, provided that: “The amendments made by this section [amending this section and section 1641 [now 3241] of this title] shall take effect on April 1, 1991.”

Effective Date of 1988 Amendment

Amendment by section 108(span)(2) of Puspan. L. 100–689 effective Jan. 1, 1989, see section 108(c) of Puspan. L. 100–689, set out as a note under section 3002 of this title.

Effective Date of 1981 Amendment

Puspan. L. 97–35, title XX, § 2006, Aug. 13, 1981, 95 Stat. 783, provided that:

“(a) Except as provided in subsection (span), the amendments made by sections 2003 [amending this section and sections 1641, 1662, 1673, 1681, 1682, and 1780 [now 3241, 3462, 3473, 3481, 3482, and 3680] of this title and repealing section 1677 of this title] and 2005 [amending this section and sections 1686 [repealed], 1737 [repealed], and 1798 [now 3698] of this title] shall take effect on October 1, 1981.

“(span) The amendments made by such sections shall not apply to any person receiving educational assistance under section 1677 [now 3477] of title 38, United States Code, as such section was in effect on August 31, 1981, for the pursuit of a program of education (as defined in section 1652(span) [now 3452(span)] of such title) in which such person was enrolled on that date, for as long as such person is continuously thereafter so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of chapters 34 and 36 of such title, as in effect on that date.”

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–466 effective Oct. 1, 1980, see section 802(d)(2) of Puspan. L. 96–466, set out as a note under section 3224 of this title.

Effective Date

Section effective Jan. 1, 1977, see section 406 of Puspan. L. 94–502, set out as a note under section 3201 of this title.