38 U.S.C. § 3018A — Opportunity for certain active-duty per-

Page 668 TITLE 38—VETERANS’ BENEFITS § 3018A Statutory Notes and Related Subsidiaries 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 1998 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–568, title III, § 309(b), Oct. 29, 1992, 106 Stat. 4329, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if enacted on December 1, 1988.’’ EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–86, title V, § 506(b), Aug. 14, 1991, 105 Stat. 426, provided that the amendment made by section 506(b)(2) is effective as of Dec. 18, 1989. § 3018A. Opportunity for certain active-duty per- sonnel to enroll before being involuntarily separated from service (a) Notwithstanding any other provision of law, an individual who— (1) after February 2, 1991, is involuntarily separated (as such term is defined in section 1141 of title 10) with an honorable discharge; (2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency cer- tificate) or has successfully completed (or oth- erwise received academic credit for) the equiv- alent of 12 semester hours in a program of edu- cation leading to a standard college degree; (3) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military depart- ment shall provide in accordance with regula- tions prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy; (4) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in paragraph (3), before such separation to re- ceive benefits under this section in lieu of ben- efits under such chapter 32; and (5) before such separation elects to receive assistance under this section pursuant to pro- cedures referred to in paragraph (3), is entitled to basic educational assistance under this chapter. (b) The basic pay of an individual described in subsection (a) shall be reduced by $1,200. (c) A withdrawal referred to in subsection (a)(3) is irrevocable. (d)(1) Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(4) shall be disenrolled from such chapter 32 program as of the date of such elec- tion. (2) For each individual who is disenrolled from such program, the Secretary shall refund— (A) as provided in section 3223(b) of this title, to the individual the unused contribu- tions made by the individual to the Post-Viet- nam Era Veterans Education Account estab- lished pursuant to section 3222(a) of this title; and (B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual. (3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Edu- cation Account pursuant to subsection (c) of section 3222 of this title on behalf of any indi- vidual referred to in paragraph (1) shall remain in such Account to make payments of benefits to such individual under section 3015(f) of this title. (Added Pub. L. 101–510, div. A, title V, § 561(a)(1), Nov. 5, 1990, 104 Stat. 1571, § 1418A; amended Pub. L. 102–25, title VII, § 705(c)(1), Apr. 6, 1991, 105 Stat. 120; renumbered § 3018A and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(4), (i)(4), Nov. 2, 1994, 108 Stat. 4684, 4688; Pub. L. 105–368, title II, § 203(a), Nov. 11, 1998, 112 Stat. 3326; Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–233, title V, § 503(5), June 15, 2006, 120 Stat. 416.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(4), (5). Pub. L. 109–233, § 503(5)(B), struck out ‘‘of this subsection’’ after ‘‘paragraph (3)’’. Subsecs. (b), (c). Pub. L. 109–233, § 503(5)(A), struck out ‘‘of this section’’ after ‘‘subsection (a)’’ in subsec. (b) and after ‘‘subsection (a)(3)’’ in subsec. (c). Subsec. (d)(1). Pub. L. 109–233, § 503(5)(B), struck out ‘‘of this subsection’’ after ‘‘paragraph (3)’’ and after ‘‘subsection (a)(4)’’. Subsec. (d)(3). Pub. L. 109–233, § 503(5)(B), (C), struck out ‘‘of this subsection’’ after ‘‘paragraph (1)’’ and sub- stituted ‘‘of this title’’ for ‘‘of this chapter’’. 2002—Subsec. (a)(3). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1998—Subsec. (a)(2). Pub. L. 105–368 substituted ‘‘suc- cessfully completed (or otherwise received academic credit for)’’ for ‘‘successfully completed’’. 1994—Subsec. (a)(1). Pub. L. 103–446, § 1201(i)(4), sub- stituted ‘‘after February 2, 1991,’’ for ‘‘after December 31, 1990, or the end of the 90-day period beginning on the date of the enactment of this section, whichever is later,’’. Subsec. (d)(3). Pub. L. 103–446, § 1201(d)(4), substituted ‘‘section 3015(f)’’ for ‘‘section 3015(e)’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1418A of this title as this section. Subsec. (a)(1). Pub. L. 102–25 substituted ‘‘section 1141 of title 10’’ for ‘‘section 1142 of title 10’’. Subsec. (a)(3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3011(c)(1) or 3012(d)(1)’’ for ‘‘1411(c)(1) or 1412(d)(1)’’. Subsec. (d)(2), (3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3223(b)’’ for ‘‘1623(b)’’, ‘‘3222(a)’’ for ‘‘1622(a)’’, and ‘‘3222(c)’’ for ‘‘1622(c)’’ in par. (2) and ‘‘3222’’ for ‘‘1622’’ and ‘‘3015(e)’’ for ‘‘1415(e)’’ in par. (3). Page 669 TITLE 38—VETERANS’ BENEFITS § 3018B Statutory Notes and Related Subsidiaries 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 1998 AMENDMENT Amendment by 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. § 3018B. Opportunity for certain persons to en- roll (a) Notwithstanding any other provision of law— (1) the Secretary of Defense shall, subject to the availability of appropriations, allow an in- dividual who— (A) is separated from the active military, naval, air, or space service with an honor- able discharge and receives voluntary sepa- ration incentives under section 1174a or 1175 of title 10; (B) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has 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; (C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such elec- tion before such separation pursuant to pro- cedures which the Secretary of each mili- tary department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Home- land Security shall provide for such purpose with respect to the Coast Guard when it is not operating as service in the Navy; (D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrev- ocable election, pursuant to procedures re- ferred to in subparagraph (C) of this para- graph, before such separation to receive ben- efits under this section in lieu of benefits under such chapter 32; and (E) before such separation elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph; or (2) the Secretary, in consultation with the Secretary of Defense, shall, subject to the availability of appropriations, allow an indi- vidual who— (A) separated before October 23, 1992, from the active military, naval, air, or space serv- ice with an honorable discharge and received or is receiving voluntary separation incen- tives under section 1174a or 1175 of title 10; (B) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has 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; (C) in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such elec- tion before making an election under this paragraph pursuant to procedures which the Secretary shall provide, in consultation with the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy, which shall be similar to the regulations prescribed under para- graph (1)(C) of this subsection; (D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrev- ocable election, pursuant to procedures re- ferred to in subparagraph (C) of this para- graph, before making an election under this paragraph to receive benefits under this sec- tion in lieu of benefits under such chapter 32; and (E) before October 23, 1993, elects to re- ceive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph, to elect to become entitled to basic education assistance under this chapter. (b)(1) The basic pay or voluntary separation incentives of an individual who makes an elec- tion under subsection (a)(1) to become entitled to basic education assistance under this chapter shall be reduced by $1,200. (2) The Secretary shall collect $1,200 from an individual who makes an election under sub- section (a)(2) to become entitled to basic edu- cation assistance under this chapter, which shall be paid into the Treasury of the United States as miscellaneous receipts. (c) A withdrawal referred to in subsection (a)(1)(C) or (a)(2)(C) of this section is irrev- ocable. (d)(1) Except as provided in paragraph (3) of this subsection, an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the elec- tion described in subsection (a)(1)(D) or (a)(2)(D) of this section shall be disenrolled from such chapter 32 program as of the date of such elec- tion. (2) For each individual who is disenrolled from such program, the Secretary shall refund— (A) as provided in section 3223(b) of this title, to the individual the unused contribu- tions made by the individual to the Post-Viet- nam Era Veterans Education Account estab- lished pursuant to section 3222(a) of this title; and (B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual. (3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Edu- cation Account pursuant to subsection (c) of section 3222 of this title on behalf of any indi-