38 U.S.C. § 3031 — Time limitation for use of eligibility and

Page 676 TITLE 38—VETERANS’ BENEFITS § 3023 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title. § 3023. Payment of supplemental educational as- sistance under this subchapter The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental edu- cational assistance to which the individual is entitled. (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1423; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3023, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 3023 was renumbered section 5123 of this title. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1423 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title. SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVI- SIONS § 3031. Time limitation for use of eligibility and entitlement (a) Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational as- sistance under this chapter may use such indi- vidual’s entitlement expires at the end of the 10- year period beginning on the date of such indi- vidual’s last discharge or release from active duty, except that such 10-year period shall begin— (1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of section 3012(a)(1) of this title, on the later of the date of such individual’s last dis- charge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met; (2) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from ac- tive duty or January 1, 1990; and (3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on De- cember 27, 2001. (b) In the case of any eligible individual who has been prevented, as determined by the Sec- retary, from pursuing a program of education under this chapter within the 10-year period pre- scribed by subsection (a) of this section because such individual had not met the nature of dis- charge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10- year period shall not run during the period of time that such individual was so prevented from pursuing such program of education. (c) In the case of an individual eligible for edu- cational assistance under the provisions of this chapter who, after such individual’s last dis- charge or release from active duty, was detained by a foreign government or power, the 10-year period described in subsection (a) of this section shall not run (1) while such individual is so de- tained, or (2) during any period immediately fol- lowing such individual’s release from such de- tention during which such individual is hospital- ized at a military, civilian, or Department of Veterans Affairs medical facility. (d)(1) 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 physical or mental dis- ability which is not the result of the individual’s own willful misconduct, such 10-year period— (A) shall not run during the period the indi- vidual is so prevented from pursuing such pro- gram; and (B) shall again begin running on the first day after the individual’s recovery from such disability on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the individual to initiate or resume pursuit of a program of education with educational assistance under this chapter. (2)(A) Subject to subparagraph (B), in the case of an individual eligible for educational assist- ance under this chapter who is prevented from pursuing the individual’s chosen program of edu- cation before the expiration of the 10-year pe- riod for the use of entitlement under this chap- ter otherwise applicable under this section by reason of acting as the primary provider of per- sonal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title, such 10-year period— (i) shall not run during the period the indi- vidual is so prevented from pursuing such pro- gram; and (ii) shall again begin running on the first day after the date of the recovery of the vet- eran or member from the injury, or the date on which the individual ceases to be the pri- mary provider of personal care services for the veteran or member, whichever is earlier, on which it is reasonably feasible, as so deter- mined, for the individual to initiate or resume pursuit of a program of education with edu- cational assistance under this chapter. (B) Subparagraph (A) shall not apply with re- spect to the period of an individual as a primary Page 677 TITLE 38—VETERANS’ BENEFITS § 3031 1 So in original. Two subsecs. (i) have been enacted. provider of personal care services if the period concludes with the revocation of the individual’s designation as such a primary provider under section 1720G(a)(7)(D) of this title. (e)(1) Except as provided in paragraph (2) of this subsection, in the case of an individual de- scribed in section 3011(a)(1)(B), 3011(a)(1)(C), 3012(a)(1)(B), or 3012(a)(1)(C) of this title who is entitled to basic educational assistance under this chapter, the 10-year period prescribed in subsection (a) of this section shall be reduced by an amount of time equal to the amount of time that such individual was not serving on active duty during the period beginning on January 1, 1977, and ending on June 30, 1985. (2) In the case of an individual to which para- graph (1) of this subsection is applicable and who is described in section 3452(a)(1)(B) of this title, the 10-year period prescribed in subsection (a) of this section shall not be reduced by any period in 1977 before the individual began serv- ing on active duty. (f)(1) If an individual eligible for educational assistance under this chapter is enrolled under this chapter in an educational institution regu- larly operated on the quarter or semester sys- tem and the period of such individual’s entitle- ment under this chapter would, under section 3013, expire during a quarter or semester, such period shall be extended to the end of such quar- ter or semester. (2) If an individual eligible for educational as- sistance under this chapter is enrolled under this chapter in an educational institution not regularly operated on the quarter or semester system and the period of such individual’s enti- tlement under this chapter would, under section 3013, expire after a major portion of the course is completed, such period shall be extended to the end of the course or for 12 weeks, whichever is the lesser period of extension. (g) In the case of an individual described in section 3011(f)(3) of this title, the period during which that individual may use the individual’s entitlement to educational assistance allowance expires on the last day of the 10-year period be- ginning on the date of the enactment of the Vet- erans Millennium Health Care and Benefits Act if that date is later than the date that would otherwise be applicable to that individual under this section. (h) For purposes of subsection (a) of this sec- tion, an individual’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service unless the in- dividual involved is discharged or released for a service-connected disability, for a medical con- dition which preexisted such service and which the Secretary determines is not service con- nected, for hardship, or as a result of a reduction in force as described in section 3011(a)(1)(A)(ii)(III) of this title. (i)(1) 1 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 de- termined by the Secretary, such 10-year period— (A) shall not run during the period the indi- vidual is so prevented from pursuing such pro- gram; and (B) shall again begin running on a date de- termined by the Secretary that is— (i) not earlier than the first day after the individual is able to resume pursuit of a pro- gram of education with educational assist- ance under this chapter; and (ii) not later than 90 days after that day. (2) In this subsection, a covered reason is— (A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or (B) another reason that prevents the indi- vidual from pursuing the individual’s chosen program of education, as determined by the Secretary. (i)1 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 the educational institution or training establishment closed (temporarily or permanently) under an established policy based on an Executive order of the President or due to an emergency situation, such 10-year period— (1) shall not run during the period the indi- vidual is so prevented from pursuing such pro- gram; and (2) shall again begin running on the first day after the individual is able to resume pursuit of a program of education with educational as- sistance under this chapter. (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1431; amended Pub. L. 99–576, title III, §§ 307(b), 321(7), Oct. 28, 1986, 100 Stat. 3270, 3278; Pub. L. 100–689, title I, § 111(a)(6), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101–237, title IV, §§ 420(a)(1), (b), 423(a)(4), (b)(1), Dec. 18, 1989, 103 Stat. 2087, 2088, 2091, 2092; renumbered § 3031 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title III, § 302(a)(3), Oct. 29, 1992, 106 Stat. 4327; Pub. L. 106–117, title VII, § 702(b), Nov. 30, 1999, 113 Stat. 1583; Pub. L. 107–103, title I, § 105(c), Dec. 27, 2001, 115 Stat. 983; Pub. L. 107–330, title III, § 308(g)(10), Dec. 6, 2002, 116 Stat. 2829; Pub. L. 111–377, title II, § 201(a), Jan. 4, 2011, 124 Stat. 4122; Pub. L. 117–328, div. U, title II, § 232(a), Dec. 29, 2022, 136 Stat. 5456; Pub. L. 117–333, § 3(a), Jan. 5, 2023, 136 Stat. 6126.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Veterans Millen- nium Health Care and Benefits Act, referred to in sub- sec. (g), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999. AMENDMENTS 2023—Subsec. (i). Pub. L. 117–333 added subsec. (i) re- ferring to expiration of the 10-year period for the use of entitlement because the educational institution or training establishment closed (temporarily or perma- nently) under an established policy based on an Execu- tive order. Page 678 TITLE 38—VETERANS’ BENEFITS § 3031 2022—Subsec. (a). Pub. L. 117–328, § 232(a)(1), inserted ‘‘and subsection (i)’’ after ‘‘through (g)’’ in introduc- tory provisions. Subsec. (i). Pub. 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 deter- mined by the Secretary. 2011—Subsec. (d). Pub. 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 edu- cation before the period’s expiration because of a phys- ical or mental disability which was not the result of the individual’s own willful misconduct. 2002—Subsec. (a)(3). Pub. L. 107–330 substituted ‘‘De- cember 27, 2001’’ for ‘‘the date of the enactment of this paragraph’’. 2001—Subsec. (a)(3). Pub. L. 107–103, § 105(c)(1), added par. (3). Subsec. (e)(1). Pub. 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). Pub. L. 106–117, § 702(b)(2), in intro- ductory provisions, substituted ‘‘through (g)’’ for ‘‘through (e)’’ and ‘‘subsection (h)’’ for ‘‘subsection (g)’’. Subsecs. (g), (h). Pub. L. 106–117, § 702(b)(1), (3), added subsec. (g) and redesignated former subsec. (g) as (h). 1992—Subsec. (e)(1). Pub. L. 102–568 substituted ‘‘June 30, 1985’’ for ‘‘October 18, 1984’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1431 of this title as this section. Subsec. (a). Pub. 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). Pub. 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). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3013’’ for ‘‘1413’’ in pars. (1) and (2). Subsec. (g). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3011(a)(1)(A)(ii)(III)’’ for ‘‘1411(a)(1)(A)(ii)(III)’’. 1989—Subsec. (a). Pub. L. 101–237, § 420(a)(1)(B), in- serted ‘‘, and subject to subsection (g),’’ before ‘‘of this section’’. Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (c). Pub. L. 101–237, § 423(b)(1)(B), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. Subsec. (d). Pub. L. 101–237, § 423(b)(1)(A), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (e). Pub. L. 101–237, § 420(b), designated exist- ing 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). Pub. L. 101–237, § 423(a)(4), sub- stituted ‘‘, under section 1413,’’ for ‘‘, under this sec- tion,’’. Subsec. (g). Pub. L. 101–237, § 420(a)(1)(A), added sub- sec. (g). 1988—Subsec. (a). Pub. L. 100–689 substituted ‘‘begin- ning on the date of such individual’s last discharge or release from active duty, except that such 10-year pe- riod shall begin—’’ and pars. (1) and (2) for ‘‘beginning on (1) the date of such individual’s last discharge or re- lease from active duty, or (2) the last day on which such individual becomes entitled to such assistance, whichever is later’’. 1986—Subsec. (a). Pub. L. 99–576, §§ 307(b)(1), 321(7)(A), made identical amendments, substituting ‘‘(e)’’ for ‘‘(d)’’. Subsec. (b). Pub. L. 99–576, § 321(7)(B), struck out ‘‘sub- chapter 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 edu- cational assistance under subchapter II of this chapter, the Administrator determined, under regulations pre- scribed 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). Pub. L. 99–576, § 307(b)(3), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 99–576, § 307(b)(2), redesignated former subsec. (e) as (f). Subsec. (f)(2). Pub. L. 99–576, § 321(7)(C), which di- rected 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(b)(3) of Pub. L. 99–576. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. 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 Pub. L. 102–568 effective Oct. 28, 1986, see section 302(b) of Pub. 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 Pub. L. 116–315, title I, § 1105(a), Jan. 5, 2021, 134 Stat. 4964, as amended by Pub. L. 117–76, § 5(a), Dec. 21, 2021, 135 Stat. 1520, amended text temporarily added by Pub. L. 116–140, § 6(a), formerly set out below. Pub. L. 116–315, title I, § 1107(d)(1), Jan. 5, 2021, 134 Stat. 4966, amended text temporarily added by Pub. L. 116–140, § 6(a), formerly set out below. Pub. L. 116–140, § 6(a), Apr. 28, 2020, 134 Stat. 632, which temporarily allowed for the tolling of the 10-year pe- riod to use educational assistance due to closure of an educational institution, was repealed by Pub. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (i) of this section. DELIMITING PERIOD Pub. L. 106–419, title I, § 102(e), Nov. 1, 2000, 114 Stat. 1825, provided that: ‘‘(1) In the case of an individual described in para- graph (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 assist- ance 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 assist- ance under section 3011(a)(2), 3012(a)(2), or 3018(b)(4) of title 38, United States Code, by reason of the amend- ments made by this section [amending sections 3011, 3012, 3017, and 3018 of this title and section 16132 of Title 10, Armed Forces].’’ Pub. L. 106–419, title I, § 103(e), Nov. 1, 2000, 114 Stat. 1826, provided that: ‘‘(1) In the case of an individual described in para- graph (2), with respect to the time limitation under Page 679 TITLE 38—VETERANS’ BENEFITS § 3032 section 3031 of title 38, United States Code, for use of eligibility and entitlement of basic educational assist- ance 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 basic educational assistance under chapter 30 of such title by reason of the re- quirement 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 enact- ment 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 Pub. L. 116–140, § 2, Apr. 28, 2020, 134 Stat. 631, as amended by Pub. L. 116–159, div. E, title II, § 5202(a), Oct. 1, 2020, 134 Stat. 749; Pub. L. 117–76, § 2(a), Dec. 21, 2021, 135 Stat. 1517, defined the term ‘‘covered period’’, for purposes of Pub. L. 116–140, as the period from Mar. 1, 2020, to June 1, 2022. § 3032. Limitations on educational assistance for certain individuals (a) In the case of an individual entitled to edu- cational assistance under this chapter who is pursuing a program of education— (1) while on active duty; or (2) on less than a half-time basis, the amount of the monthly educational assist- ance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section. (b) The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the least of the following: (1) the amount of the educational as- sistance allowance otherwise payable to such in- dividual under this chapter, (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay, or (3) the amount of the charges of the educational institution elected by the in- dividual under section 3014(b)(1) of this title. (c)(1) Except as provided in paragraph (2) of this subsection, the amount of the monthly edu- cational assistance allowance payable to an in- dividual pursuing a full-time program of appren- ticeship or other on-job training under this chapter is— (A) for each of the first six months of the in- dividual’s pursuit of such program, 75 percent of the monthly educational assistance allow- ance otherwise payable to such individual under this chapter; (B) for each of the second six months of the individual’s pursuit of such program, 55 per- cent of such monthly educational assistance allowance; and (C) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly edu- cational assistance allowance. (2) In any month in which an individual pur- suing a program of education consisting of a program of apprenticeship or other on-job train- ing fails to complete 120 hours of training, the amount of monthly educational assistance al- lowance payable under this chapter to the indi- vidual shall be limited to the same proportion of the applicable rate determined under paragraph (1) of this subsection as the number of hours worked during such month, rounded to the near- est eight hours, bears to 120 hours. (3)(A) Except as provided in subparagraph (B) of this paragraph, for each month that an indi- vidual is paid a monthly educational assistance allowance under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— (i) 75 percent of a month in the case of pay- ments made in accordance with paragraph (1)(A) of this subsection; (ii) 55 percent of a month in the case of pay- ments made in accordance with paragraph (1)(B) of this subsection; and (iii) 35 percent of a month in the case of pay- ments made in accordance with paragraph (1)(C) of this subsection. (B) Any such charge to the individual’s enti- tlement shall be reduced proportionately in ac- cordance with the reduction in payment under paragraph (2) of this subsection. (d)(1)(A) The amount of the educational assist- ance allowance payable under this chapter to an individual who enters into an agreement to pur- sue, and is pursuing, a program of education ex- clusively by correspondence is an amount equal to 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by such individual. (B) For purposes of this paragraph, the term ‘‘established charge’’ means the lesser of— (i) the charge for the course or courses de- termined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approv- ing agency; or (ii) the actual charge to the individual for such course or courses. (2) Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the individual and serviced by the institution. (3) In each case in which the rate of payment to an individual is determined under paragraph (1) of this subsection, the period of entitlement of such individual under this chapter shall be charged at the rate of one month for each pay- ment of educational assistance to the individual that is equal to the amount of monthly edu- cational assistance the individual would other- wise be eligible to receive for full-time pursuit of an institutional course under this chapter. (e)(1) Notwithstanding subsection (a) of this section, each individual who is pursuing a pro- gram of education consisting exclusively of flight training approved as meeting the require- ments of section 3034(d) of this title shall be paid an educational assistance allowance under this chapter in the amount equal to 60 percent of the established charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay.