
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3018B]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
     CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
 
               SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
 
Sec. 3018B. Opportunity for certain persons to enroll

    (a) Notwithstanding any other provision of law--
        (1) the Secretary of Defense shall, subject to the availability 
    of appropriations, allow an individual who--
            (A) is separated from the active military, naval, or air 
        service with an honorable discharge and receives voluntary 
        separation 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 election before such separation pursuant to procedures 
        which the Secretary of each military 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 Transportation 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 
        irrevocable election, pursuant to procedures referred to in 
        subparagraph (C) of this paragraph, before such separation to 
        receive benefits 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 individual who--
            (A) separated before October 23, 1992, from the active 
        military, naval, or air service with an honorable discharge and 
        received or is receiving voluntary separation 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 election 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 
        Transportation 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 paragraph (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 
        irrevocable election, pursuant to procedures referred to in 
        subparagraph (C) of this paragraph, before making an election 
        under this paragraph to receive benefits under this section in 
        lieu of benefits under such chapter 32; and
            (E) before October 23, 1993, elects to receive 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 election 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 subsection (a)(2) to become entitled to basic 
education 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 irrevocable.
    (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 election 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 election.
    (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 contributions made by the individual to the 
    Post-Vietnam Era Veterans Education Account established 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 Education Account pursuant to subsection (c) of 
section 3222 of this title on behalf of any individual referred to in 
paragraph (1) of this subsection shall remain in such account to make 
payments of benefits to such individual under section 3015(f) of this 
title.

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4404(a), Oct. 23, 1992, 
106 Stat. 2704; amended Pub. L. 103-446, title XII, Sec. 1201(d)(5), 
(e)(11), (f)(3), Nov. 2, 1994, 108 Stat. 4684, 4685, 4687; Pub. L. 105-
368, title II, Sec. 203(a), title X, Sec. 1005(b)(6), Nov. 11, 1998, 112 
Stat. 3326, 3365.)


                               Amendments

    1998--Subsec. (a)(1)(B), (2)(B). Pub. L. 105-368, Sec. 203(a), 
substituted ``successfully completed (or otherwise received academic 
credit for)'' for ``successfully completed''.
    Subsec. (a)(2)(E). Pub. L. 105-368, Sec. 1005(b)(6), which directed 
the substitution of ``before October 23, 1993,'' for ``before the one-
year period beginning on the date of the enactment of this section,'', 
was executed by making the substitution for text which did not include 
the word ``the'' before the word ``enactment'', to reflect the probable 
intent of Congress.
    1994--Subsec. (a)(2)(A). Pub. L. 103-446, Sec. 1201(f)(3), 
substituted ``October 23, 1992,'' for ``the date of enactment of this 
section''.
    Subsec. (d)(1). Pub. L. 103-446, Sec. 1201(e)(11)(A), substituted 
``(a)(2)(D) of this section'' for ``(a)(2)(D) of this subsection''.
    Subsec. (d)(3). Pub. L. 103-446, Sec. 1201(d)(5), (e)(11)(B), 
substituted ``such account'' for ``such Account'' and ``section 3015(f) 
of this title'' for ``section 3015(e) of this chapter''.


                    Effective Date of 1998 Amendment

    Amendment by section 203(a) of 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3013, 3015, 3035 of this 
title.
