38 U.S.C. § 3021 — Supplemental educational assistance for

Page 674 TITLE 38—VETERANS’ BENEFITS § 3021 (l) SECRETARY CONCERNED DEFINED.—Notwith- standing section 101(25) of this title, in this sec- tion, the term ‘‘Secretary concerned’’ means— (1) the Secretary of the Army with respect to matters concerning the Army; (2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps; (3) the Secretary of the Air Force with re- spect to matters concerning the Air Force or the Space Force; and (4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy. (Added Pub. L. 107–107, div. A, title VI, § 654(a)(1), Dec. 28, 2001, 115 Stat. 1153; amended Pub. L. 107–296, title XVII, § 1704(d), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 107–314, div. A, title VI, § 643(a), Dec. 2, 2002, 116 Stat. 2577; Pub. L. 110–252, title V, § 5006(a), June 30, 2008, 122 Stat. 2380; Pub. L. 112–81, div. A, title X, § 1063(b), Dec. 31, 2011, 125 Stat. 1586; Pub. L. 116–283, div. A, title IX, § 926(f), Jan. 1, 2021, 134 Stat. 3831.) Editorial Notes PRIOR PROVISIONS A prior section 3020 was renumbered section 5120 of this title. AMENDMENTS 2021—Subsec. (l)(3). Pub. L. 116–283 inserted ‘‘or the Space Force’’ before semicolon. 2011—Subsecs. (l), (m). Pub. L. 112–81 redesignated subsec. (m) as (l) and struck out former subsec. (l) which required the Secretary of Defense to submit an annual report on approved transfers of entitlement to basic educational assistance. 2008—Pub. L. 110–252, § 5006(a)(1), substituted ‘‘Author- ity to transfer unused education benefits to family members for career service members’’ for ‘‘Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills’’ in section catchline. Subsecs. (a), (b). Pub. L. 110–252, § 5006(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which provided for transfers of entitlement to basic educational assistance from eligible members of the Armed Forces to certain dependents and described eligibility criteria for such members, respectively. Subsec. (d). Pub. L. 110–252, § 5006(a)(2), added subsec. (d) and struck out former subsec. (d). Prior to amend- ment, text read as follows: ‘‘The total number of months of entitlement transferred by an individual under this section may not exceed 18 months.’’ Subsec. (f)(1). Pub. L. 110–252, § 5006(a)(3), substituted ‘‘only while’’ for ‘‘without regard to whether’’. Subsec. (f)(2)(A). Pub. L. 110–252, § 5006(a)(4), inserted ‘‘as long as the individual is serving on active duty or as a member of the Selected Reserve’’ after ‘‘so trans- ferred’’. Subsec. (f)(3). Pub. L. 110–252, § 5006(a)(5), added par. (3). Subsec. (h)(5). Pub. L. 110–252, § 5006(a)(6), inserted ‘‘may use the benefit without regard to the 10-year de- limiting date, but’’ after ‘‘under this section’’. Subsec. (k). Pub. L. 110–252, § 5006(a)(7), added subsec. (k) and struck out former subsec. (k). Prior to amend- ment, text read as follows: ‘‘The Secretary of Defense shall prescribe regulations for purposes of this section. Such regulations shall specify the manner and effect of an election to modify or revoke a transfer of entitle- ment under subsection (f)(2) and shall specify the man- ner of the applicability of the administrative provi- sions referred to in subsection (h)(5) to a dependent to whom entitlement is transferred under this section.’’ 2002—Subsec. (h)(2). Pub. L. 107–314, § 643(a)(1), sub- stituted ‘‘paragraphs (5) and (6)’’ for ‘‘paragraphs (4) and (5)’’ and struck out ‘‘and at the same rate’’ after ‘‘in the same manner’’. Subsec. (h)(3) to (7). Pub. L. 107–314, § 643(a)(2), (3), added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively. Subsec. (m)(4). Pub. L. 107–296 substituted ‘‘of Home- land Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENTS Pub. L. 107–314, div. A, title VI, § 643(c)(1), Dec. 2, 2002, 116 Stat. 2578, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect as if included in the enactment of section 3020 of title 38, United States Code, by section 654(a)(1) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1153).’’ 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. PLAN FOR IMPLEMENTATION Pub. L. 107–107, div. A, title VI, § 654(c), Dec. 28, 2001, 115 Stat. 1157, required the Secretary of Defense, not later than June 30, 2002, to submit to Congress a report describing the manner in which the Secretaries of the military departments and the Secretary of Transpor- tation propose to exercise the authority granted by this section, including the regulations prescribed under subsec. (k) of this section for purposes of the exercise of the authority. SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE § 3021. Supplemental educational assistance for additional service (a) The Secretary concerned, pursuant to regu- lations to be prescribed by the Secretary of De- fense, may provide for the payment of supple- mental educational assistance under this sub- chapter to any individual eligible for basic edu- cational assistance under section 3011 or 3018 of this title who— (1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3011(a)(1) of this title without a break in such service; and (2) after completion of the service described in clause (1) of this subsection— (A) is discharged from service with an hon- orable 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 without a break in service; or (C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty charac- terized by the Secretary concerned as honor- able service. (b) The Secretary concerned, pursuant to regu- lations to be prescribed by the Secretary of De- fense, may provide for the payment of supple- mental educational assistance under this sub- chapter to any individual eligible for basic edu- cational assistance under section 3012 or 3018 of this title who— Page 675 TITLE 38—VETERANS’ BENEFITS § 3022 (1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under section 3012(a)(1) of this title and four or more con- secutive years of duty in the Selected Reserve after the years of duty in the Selected Reserve counted under such section without a break in service; and (2) after completion of the service described in clause (1) of this subsection— (A) is discharged from service with an hon- orable 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; or (B) continues on active duty or in the Se- lected Reserve. (c) Continuity of service of a member in the Selected Reserve for purposes of subsection (b)(1) of this section shall not be considered to be broken— (1) 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 Se- lected Reserve of the member’s Armed Force that the member is eligible to join or that has a vacancy; or (2) by any other period of time (not to ex- ceed a maximum period prescribed by the Sec- retary concerned by regulation) during which the member is not attached to a unit of the Selected Reserve that the Secretary con- cerned, pursuant to regulations, considers to be inappropriate to consider for such purpose. (d) A period of active duty or duty in the Se- lected Reserve that occurs before the period of duty by which the individual concerned qualifies for basic educational assistance may not be counted for purposes of this section. (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2558, § 1421; amended Pub. L. 99–576, title III, § 321(5), (6), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–689, title I, § 103(b)(5), Nov. 18, 1988, 102 Stat. 4166; Pub. L. 101–237, title IV, § 423(b)(4)(B), Dec. 18, 1989, 103 Stat. 2092; renum- bered § 3021 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 3021 was renumbered section 5121 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1421 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3011 or 3018’’ for ‘‘1411 or 1418’’ in introductory provisions and ‘‘3011(a)(1)’’ for ‘‘1411(a)(1)’’ in par. (1). Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3012 or 3018’’ for ‘‘1412 or 1418’’ in introductory provisions and ‘‘3012(a)(1)’’ for ‘‘1412(a)(1)’’ in par. (1). 1989—Subsecs. (a), (b). Pub. L. 101–237 inserted ‘‘of De- fense’’ after second reference to ‘‘Secretary’’. 1988—Subsecs. (a), (b). Pub. L. 100–689 inserted ref- erence to section 1418 of this title. 1986—Subsec. (a)(1). Pub. L. 99–576, § 321(5), substituted ‘‘after’’ for ‘‘in addition to’’. Subsec. (b)(1). Pub. L. 99–576, § 321(5), substituted ‘‘after’’ for ‘‘in addition to’’ in two places. Subsec. (c)(1). Pub. L. 99–576, § 321(6), substituted ‘‘the member’s’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–525, title VII, § 702(b), Oct. 19, 1984, 98 Stat. 2563, provided that: ‘‘Subchapter III of chapter 30 of title 38, United States Code, as added by subsection (a), shall take effect on July 1, 1986.’’ § 3022. Amount of supplemental educational as- sistance (a) The amount of payment of educational as- sistance under this chapter is subject to section 3032 of this title. Except as otherwise provided under subsection (b) of this section, supple- mental educational assistance under section 3021 of this title shall be paid— (1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or (2) at an appropriately reduced rate, as de- termined under regulations which the Sec- retary shall prescribe, for an approved pro- gram of education pursued on less than a full- time basis. (b) In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental edu- cational assistance who has a skill or specialty designated by the Secretary concerned, pursu- ant to regulations to be prescribed by the Sec- retary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regu- lations, may increase the rate of the supple- mental educational assistance allowance appli- cable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers ap- propriate, but the amount of any such increase may not exceed $300 per month. (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2559, § 1422; amended Pub. L. 100–689, title I, § 111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3022 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 3022 was renumbered section 5122 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1422 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3032’’ for ‘‘1432’’ and ‘‘3021’’ for ‘‘1421’’ in introductory provi- sions. 1989—Subsec. (a)(2). Pub. L. 101–237, § 423(b)(1)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (b). Pub. L. 101–237 inserted ‘‘of Defense’’ after third reference to ‘‘Secretary’’. 1988—Subsec. (a). Pub. L. 100–689 substituted ‘‘The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Ex- cept’’ for ‘‘Subject to section 1432 of this title and ex- cept’’.