38 U.S.C. § 3022 — Amount of supplemental educational as-

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’’. 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