38 U.S.C. § 3015
1See References in Text note below.
38 U.S.C. § 3015
EDITORIAL NOTES
REFERENCES IN TEXTSections 308a and 308f of title 37, referred to in subsec. (d)(2), were repealed by Pub. L. 106-398, §1 [[div. A], title VI, §624(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-153.The date of the enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 105-261 which was approved Oct. 17, 1998.
AMENDMENTS2008-Subsec. (a)(1). Pub. L. 110-252, §5004(a), added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows:"(A) for months beginning on or after January 1, 2002, $800;"(B) for months occurring during fiscal year 2003, $900;"(C) for months occurring during fiscal year 2004, $985; and".Subsec. (b)(1). Pub. L. 110-252, §5004(b), added subpar. (A), redesignated subpar. (D) as (B), and struck out former subpars. (A) to (C) which read as follows: "(A) for months beginning on or after January 1, 2002, $650; "(B) for months occurring during fiscal year 2003, $732; "(C) for months occurring during fiscal year 2004, $800; and".Subsec. (h)(1). Pub. L. 110-252, §5004(c), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:"(A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds"(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A)." 2003-Subsec. (h). Pub. L. 108-183, §304(a)(1), (2), (5), inserted "(1)" after "(h)", redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2). Subsec. (h)(1). Pub. L. 108-183, §304(a)(3), struck out "(rounded to the nearest dollar)" after "increase" in introductory provisions. Subsec. (h)(1)(B). Pub. L. 108-183, §304(a)(4), substituted "subparagraph (A)" for "paragraph (1)". 2001-Subsec. (a)(1). Pub. L. 107-103, §101(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "at the monthly rate of $650 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or". Pub. L. 107-14, §7(b)(2)(A)(i), inserted "subsection (h)" after "from time to time under". Subsec. (b)(1). Pub. L. 107-103, §101(a)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "at the monthly rate of $528 (as increased from time to time under subsection (h)) for an approved program of education pursued on a full-time basis; or". Pub. L. 107-14, §7(b)(2)(A)(i), inserted "subsection (h)" after "from time to time under".Subsec. (g). Pub. L. 107-14, §7(c)(3)(A), in introductory provisions, inserted "effective as of the first day of the enrollment period following receipt of such contributions from such individual by the Secretary concerned," after "by section 3011(e) or 3012(f) of this title,".Subsec. (g)(1). Pub. L. 107-14, §7(c)(3)(B), substituted "amount equal to $5 for each $20 contributed" for "amount equal to $1 for each $4 contributed" and inserted "of this title" after "section 3011(e) or 3012(f)".Subsec. (h). Pub. L. 107-14, §7(b)(2)(A)(ii), struck out subsec. (h) which read as follows: "In the case of an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title, the rate of the basic educational assistance allowance applicable to the individual under this section shall be the rate otherwise applicable to the individual under this section reduced by an amount equal to- "(1) the aggregate amount of such allowances paid the individual under such section 3014(b); divided by"(2) 36." 2000-Subsec. (a). Pub. L. 106-419, §103(d)(1), inserted "in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of active duty on which such entitlement is based is three years," before "a basic educational assistance allowance" in introductory provisions.Subsec. (a)(1). Pub. L. 106-419, §105(b)(1), which directed substitution of "subsection (h)" for "subsection (g)" wherever appearing, could not be executed because the words "subsection (g)" did not appear subsequent to the amendment by Pub. L. 106-398, §1 [[div. A], title XVI, §1602(b)(3)(A)]. See below. Pub. L. 106-419, §101(a)(1), substituted "$650" for "$528". Pub. L. 106-398, §1 [[div. A], title XVI, §1602(b)(3)(A)], struck out "subsection (g)" after "time under". Subsec. (b). Pub. L. 106-419, §103(d)(2), substituted "whose obligated period of active duty on which such entitlement is based is two years," for "whose initial obligated period of active duty is two years," in introductory provisions.Subsec. (b)(1). Pub. L. 106-419, §105(b)(1), which directed substitution of "subsection (h)" for "subsection (g)" wherever appearing, could not be executed because the words "subsection (g)" did not appear subsequent to the amendment by Pub. L. 106-398, §1 [[div. A], title XVI, §1602(b)(3)(A)]. See below. Pub. L. 106-419, §101(a)(2), substituted "$528" for "$429". Pub. L. 106-398, §1 [[div. A], title XVI, §1602(b)(3)(A)], struck out "subsection (g)" after "time under". Subsec. (c)(2)(A), (B). Pub. L. 106-419, §103(d)(3), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:"(A) whose initial obligated period of active duty is less than three years;"(B) who, beginning on the date of the commencement of the person's initial obligated period of such duty, serves a continuous period of active duty of not less than three years; and".Subsec. (g). Pub. L. 106-419, §105(b)(3), added subsec. (g). Former subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title redesignated (h). Pub. L. 106-398, §1 [[div. A], title XVI, §1602(b)(3)(C)], added subsec. (g). Former subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) redesignated (h).Subsec. (h). Pub. L. 106-419, §105(b)(2), redesignated subsec. (g) relating to an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title as (h). Pub. L. 106-398, §1 [[div. A], title XVI, §1602(b)(3)(B)], redesignated subsec. (g) relating to a percentage increase in the rates payable under subsections (a)(1) and (b)(1) as (h). 1998-Subsec. (a). Pub. L. 105-178, §8203(a)(3)(A), struck out "subsections (b), (c), (d), (e), (f), and (g) of" before "this section" in introductory provisions.Subsec. (a)(1). Pub. L. 105-178, §8203(a)(1)(A), substituted "$528 (as increased from time to time under subsection (g))" for "$400".Subsec. (b). Pub. L. 105-178, §8203(a)(3)(B), in introductory provisions, substituted "In" for "Except as provided in subsections (c), (d), (e), (f), and (g), in" and inserted "(except as provided in the succeeding subsections of this section)" after "under this chapter shall".Subsec. (b)(1). Pub. L. 105-178, §8203(a)(1)(B), substituted "$429 (as increased from time to time under subsection (g))" for "$325".Subsec. (d). Pub. L. 105-261, §656(a), designated existing provisions as par. (1) and added par. (2). Pub. L. 105-261, §565(a), inserted ",at the time the individual first becomes a member of the Armed Forces," after "Secretary of Defense, may" and substituted "$950 per month" for "$400 per month, in the case of an individual who first became a member of the Armed Forces before November 29, 1989, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date."Subsec. (g). Pub. L. 105-178, §8203(a)(2), substituted ",the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subsections (a)(1) and (b)(1)" for "beginning on or after October 1, 1994, the Secretary shall continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under this subsection for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates". 1997-Subsec. (e)(1)(A). Pub. L. 105-114, §401(b)(1), substituted "(1)(A) Except as provided in subparagraph (B) of this paragraph and subject to paragraph (2)" for "(1) Subject to paragraph (2)". Subsec. (e)(1)(B). Pub. L. 105-114, §401(b)(2), added subpar. (B). 1996-Subsec. (f). Pub. L. 104-275 inserted ",3018B, or 3018C" after "section 3018A". 1993-Subsecs. (c) to (g). Pub. L. 103-66, §12009(d)(1), (2), made technical amendments to directory language of Pub. L. 102-568, §§301(c), 307. See 1992 Amendment note below.Subsec. (g). Pub. L. 103-66, §12009(a), struck out par. (1) and par. (2) designation, redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively, and substituted "paragraph (1)" for "subparagraph (A)" in par. (2). Prior to amendment, par. (1) read as follows: "With respect to the fiscal year beginning on October 1, 1993, the Secretary shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section equal to the percentage by which the Consumer Price Index (all items, United States city average, published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1993, exceeds such Consumer Price Index for the 12-month period ending June 30, 1992." 1992-Subsec. (a). Pub. L. 102-568, §307(b)(1), substituted "(f), and (g)" for "and (f)" in introductory provisions. Subsec. (a)(1). Pub. L. 102-568, §301(a)(1), substituted "$400" for "$300".Subsec. (b). Pub. L. 102-568, §307(b)(2), substituted "(f), and (g)" for "and (f)" in introductory provisions. Subsec. (b)(1). Pub. L. 102-568, §301(a)(2), substituted "$325" for "$250".Subsec. (c). Pub. L. 102-568, §307(a)(3), as amended by Pub. L. 103-66, §12009(d)(2), added subsec. (c). Former subsec. (c) redesignated (d).Subsec. (d). Pub. L. 102-568, §307(a)(1), (2), as amended by Pub. L. 103-66, §12009(d)(2), redesignated subsec. (c) as (d) and substituted "(a), (b), and (c)" for "(a) and (b)". Former subsec. (d) redesignated (e).Subsec. (e). Pub. L. 102-568, §307(a)(1), as amended by Pub. L. 103-66, §12009(d)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 102-568, §307(a)(1), as amended by Pub. L. 103-66, §12009(d)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Pub. L. 102-568, §301(c), as amended by Pub. L. 103-66, §12009(d)(1), redesignated par. (2) as (1), substituted "shall provide a percentage increase in the monthly rates payable under subsections (a)(1) and (b)(1) of this section" for "may continue to pay, in lieu of the rates payable under subsection (a)(1) or (b)(1) of this section, the monthly rates payable under paragraph (1) of this subsection and may provide a percentage increase in such rates", redesignated par. (3) as (2), substituted "Secretary shall" for "Secretary may" and "and shall" for "and may" in introductory provisions, and struck out former par. (1) which read as follows: "During the period beginning on October 1, 1991, and ending on September 30, 1993, the monthly rates payable under subsection (a)(1) or (b)(1) of this section shall be $350 and $275, respectively." Subsec. (g). Pub. L. 102-568, §307(a)(1), as amended by Pub. L. 103-66, §12009(d)(2), redesignated subsec. (f) as (g). 1991- Pub. L. 102-83, §5(a), renumbered section 1415 of this title as this section.Subsec. (a). Pub. L. 102-83, §5(c)(1), substituted "3032" for "1432" in introductory provisions. Pub. L. 102-25, §337(a)(1), substituted ",(c), (d), (e), and (f)" for "and (c)" in introductory provisions.Subsec. (b). Pub. L. 102-83, §5(c)(1), substituted "3011 or 3018" for "1411 or 1418" in introductory provisions. Pub. L. 102-25, §337(a)(2), substituted "Except as provided in subsections (c), (d), (e), and (f), in" for "In" in introductory provisions.Subsec. (c). Pub. L. 102-54 substituted "November 29, 1989" for "the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991". Subsec. (e). Pub. L. 102-83, §5(c)(1), substituted "3222(c)" for "1622(c)" in two places and "3018A" for "1418A".Subsec. (f). Pub. L. 102-25, §337(a)(3), added subsec. (f). 1990-Subsec. (e). Pub. L. 101-510 added subsec. (e).1989-Subsecs. (a)(2), (b)(2). Pub. L. 101-237, §423(b)(1)(A), substituted "Secretary" for "Administrator".Subsec. (c). Pub. L. 101-237, §423(b)(5), inserted "of Defense" after "prescribed by the Secretary" and after "of this section as the Secretary". Pub. L. 101-189 inserted ",in the case of an individual who first became a member of the Armed Forces before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991, or $700 per month, in the case of an individual who first became a member of the Armed Forces on or after that date" before period at end.1988-Subsec. (a). Pub. L. 100-689, §111(a)(5)(A), substituted "The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except" for "Subject to section 1432 of this title and except".Subsec. (b). Pub. L. 100-689, §103(b)(3), inserted reference to section 1418 of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-252, title V, §5004(d), June 30, 2008, 122 Stat. 2379, provided that:"(1) IN GENERAL.-The amendments made by this section [amending this section] shall take effect on August 1, 2008. "(2) NO COST-OF-LIVING ADJUSTMENT FOR FISCAL YEAR 2009.-The adjustment required by subsection (h) of section 3015 of title 38, United States Code (as amended by this section), in rates of basic educational assistance payable under subsections (a) and (b) of such section (as so amended) shall not be made for fiscal year 2009."
EFFECTIVE DATE OF 2001 AMENDMENT Amendment by section 7(b)(2)(A) of Pub. L. 107-14 effective as if enacted on Nov. 1, 2000, immediately after the enactment of Pub. L. 106-419 see section 7(b)(3) of Pub. L. 107-14 set out as a note under section 3014 of this title.Amendment by section 7(c)(3) of Pub. L. 107-14 effective as if included in the enactment of section 105 of Pub. L. 106-419 see section 7(c)(4) of Pub. L. 107-14 set out as a note under section 3011 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-419, title I, §101(b), Nov. 1, 2000, 114 Stat. 1824, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on November 1, 2000, and shall apply with respect to educational assistance allowances paid under chapter 30 of title 38, United States Code, for months after October 2000."Amendment by section 105(b) of Pub. L. 106-419 effective May 1, 2001, see section 105(c) of Pub. L. 106-419 set out as a note under section 3011 of this title.
EFFECTIVE DATE OF 1998 AMENDMENTS Pub. L. 105-261, div. A, title V, §565(b), Oct. 17, 1998, 112 Stat. 2029, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1998, and shall apply with respect to individuals who first become members of the Armed Forces on or after that date." Pub. L. 105-178, title VIII, §8203(a)(4), June 9, 1998, 112 Stat. 493, provided that: "The amendments made by this subsection [amending this section] shall take effect on October 1, 1998, and shall apply with respect to educational assistance allowances paid for months after September 1998. However, no adjustment in rates of educational assistance shall be made under subsection (g) [now (h)] of section 3015 of title 38, United States Code, as amended by paragraph (2), for fiscal year 1999."
EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103-66, title XII, §12009(d)(3), Aug. 10, 1993, 107 Stat. 416, provided that: "The amendments made by paragraphs (1) and (2) [amending this section] shall apply as if included in the enactment of Public Law 102-568."
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 301(a) and (c) of Pub. L. 102-568 effective Apr. 1, 1993, but not to be construed to change account from which payment is made for certain portion of payments made under this chapter or chapter 106 of Title 10, Armed Services, see section 301(e) of Pub. L. 102-568 set out as a note under section 16131 of Title 10. Pub. L. 102-568, title III, §307(c), Oct. 29, 1992, 106 Stat. 4329, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect as if enacted on June 30, 1985, and apply to the payment of educational assistance for education or training pursued on or after September 1, 1993."
ADJUSTMENT IN RATES OF EDUCATIONAL ASSISTANCE Pub. L. 107-103, title I, §101(b), Dec. 27, 2001, 115 Stat. 978, provided that: "No adjustment in rates of educational assistance shall be made under section 3015(h) of title 38, United States Code, for fiscal years 2003 and 2004."Fiscal year 1995 cost-of-living adjustments in rates of educational assistance payable under this chapter to be percentage equal to 50 percent of percentage by which such assistance would be increased under subsec. (g) [now (h)] of this section but for section 12009 of Pub. L. 103-66 see section 12009(c) of Pub. L. 103-66 formerly set out as a note under section 16131 of Title 10, Armed Forces.